ENVIRONMENT CANADA
GUIDANCE DOCUMENT
OFF-ROAD SMALL SPARK-IGNITION
ENGINE EMISSION REGULATIONS
under the
Canadian Environmental Protection Act, 1999
Disclaimer
This document is intended to provide guidance only. It does not in anyway
supersede or modify the Canadian Environmental Protection Act, 1999 or the Off-
Road Small Spark-Ignition Emission Regulations. In the event of an inconsistency
between this document and the Act and/or the Regulations, the Act and the
Regulations prevail.
Transportation System Branch
Environment Canada
November 2003
ii
TABLE OF CONTENTS
1. INTRODUCTION......................................................................................1
2. REGULATORY FRAMEWORK................................................................3
2.1 What is the Canadian Environmental Protection Act, 1999 (CEPA 1999)?3
2.2 What is the CEPA Environmental Registry? ............................................3
2.3 What is the Code of Federal Regulations?............................................... 3
2.4 Are the Regulations identical to the EPA rules?.......................................4
2.5 Certain provisions of the Regulations state that information can be
requested by or sent to the Minister. Who is the Minister? .....................4
3. ENGINES SUBJECT TO THE REGULATIONS.......................................5
3.1 What is an off-road engine? .....................................................................5
3.2 What is a machine?..................................................................................6
3.3 What is the difference between “equipment” and “machine”? .................. 6
3.4 Which categories of off-road small spark-ignition engines are excluded
from the Regulations?..............................................................................6
3.5 Which small spark-ignition engines do not have to conform to some
provisions of the Regulations? .................................................................7
3.6 When do the Regulations come into force? .............................................7
3.7 What is a model year? .............................................................................7
4. PERSONS AFFECTED BY THE REGULATIONS ...................................8
4.1 Who is a Canadian engine manufacturer? ...............................................8
4.2 Who is a distributor of Canadian engines?............................................... 9
4.3 When is an importer a company under CEPA 1999?...............................9
4.4 What are the regulatory requirements for each type of “person” affected
by the Regulations? .................................................................................9
4.5 How are foreign engine manufacturers affected by the Regulations?....10
5. NATIONAL EMISSIONS MARK.............................................................11
5.1 Are there any conditions regarding applying a national emissions mark to
an engine? .............................................................................................12
5.2 When do the provisions regarding the national emissions mark come into
effect? ....................................................................................................12
5.3 Who can apply the national emissions mark? ........................................ 12
5.4 How does a company obtain the Minister’s authorization to use the
national emissions mark?....................................................................... 12
5.5 What information could satisfy the requirement of paragraph 6(d) of the
Regulations to show that the company is capable of verifying compliance
with the standards?................................................................................12
5.6 Do imported engines required the national emissions mark?.................13
5.7 Are there any requirements regarding the size, location and manner of
affixing the national emissions mark to an engine?................................ 13
6. EMISSION STANDARDS ......................................................................14
6.1 What is an emission control system?.....................................................14
iii
6.2 Are there restrictions on an emission control system installed on a
prescribed engine?................................................................................. 14
6.3 What is a defeat device?........................................................................ 14
6.4 What are the exhaust emission standards? ........................................... 15
6.5 What are the procedures to measure the exhaust emissions? .............. 16
6.6 What are the alternative standards for niche Canadian products?......... 16
6.7 Why are there alternative standards for niche Canadian products?....... 16
6.8 What are the alternative exhaust standards for wintertime engines?.....16
6.9 For how long must an engine conform to the exhaust emission
standards? ............................................................................................. 17
6.10 What are the standards for a class I engine in 2005 and 2006? ............ 17
6.11 When can an engine be classified as “handheld”?................................. 18
6.12 What are the requirements for crankcase emissions? ........................... 18
6.13 What is an adjustable parameter? .........................................................19
6.14 Is it required for an engine covered by an EPA certificate of conformity
and sold concurrently in Canada and the U.S. to meet the Canadian
emission standards? ..............................................................................19
6.15 Is it necessary to have exactly the same engine sold concurrently in
Canada and in the U.S.?........................................................................19
7. EVIDENCE OF CONFORMITY.............................................................. 20
7.1 What records could satisfy the requirement of demonstrating that an
engine is sold concurrently in Canada and the U.S.?.............................20
7.2 When must the evidence of conformity be submitted?........................... 20
7.3 What is the procedure to provide evidence of conformity “in a form and
manner satisfactory to the Minister” for the engines referred to in section
17 of the Regulations? ...........................................................................21
8. IMPORTING AN ENGINE ...................................................................... 24
8.1 What is the business number required in paragraph 19(1)(b) of the
Regulations? ..........................................................................................25
8.2 Is there a special form for the importation declaration specified in section
18 of the Regulations? ...........................................................................25
8.3 Is there any suggested wording for the statement under paragraph
19(1)(f) of the Regulations? ................................................................... 26
8.4 Who is eligible to sign the import declaration as the “duly authorized
representative” of the company?............................................................ 26
8.5 What is the bulk declaration mentioned in subsection 19(2)? ................ 26
9. OTHER OBLIGATIONS .........................................................................26
9.1 To provide maintenance instructions......................................................26
9.2 Notice of defect ...................................................................................... 26
9.3 Obligation to provide an engine .............................................................27
10. SPECIAL CASES OF OFF-ROAD SMALL SPARK-IGNITION ENGINES28
10.1 Engines imported in Canada solely for purposes of exhibition,
demonstration, evaluation or testing ...................................................... 28
10.2 Engine in transit through Canada, from a place outside Canada to
another place outside Canada ............................................................... 28
iv
10.3 Engine imported exclusively for use by a visitor to Canada ................... 28
10.4 Incomplete engine..................................................................................28
10.5 Replacement engine ..............................................................................29
10.6 Engine for which the Governor-in-Council has granted an exemption ... 30
11. COMPLIANCE AND ENFORCEMENT .................................................. 30
1
1. INTRODUCTION
This guidance document provides information about the requirements of
the Off-Road Small Spark-Ignition Engine Emission Regulations established
under the authority of Part 7, Division 5 of the Canadian Environmental
Protection Act, 1999 (CEPA 1999).
The text of the enabling Act is not repeated in the Regulations, so this
guidance document cites both the Regulations and the Act to make it easier to
understand the requirements of the Regulations.
The Regulations are aligned with the corresponding U.S. Environmental
Protection Agency (EPA) rules for off-road spark-ignition engines. Engines sold
concurrently in Canada and the United States and covered by a valid U.S. EPA
certificate of conformity can enter Canada with a declaration at the border. For
other engines, the evidence of conformity must be obtained and produced in a
form and manner that is satisfactory to the Minister.
Figure 1 illustrates how this document is organized. Each chapter
includes a short description of a specific aspect of the Regulations followed by
additional details, often provided in an interrogative form.
Disclaimer
This document is intended to provide guidance only. It does not in anyway
supersede or modify the Canadian Environmental Protection Act, 1999 or the Off-
Road Small Spark-Ignition Emission Regulations. In the event of an inconsistency
between this document and the Act and/or the Regulations, the Act and the
Regulations prevail.
2
Regulatory
framework
(chapter 2)
Engines affected
by the regulations
(chapter 3)
Persons affected
by the regulations
(chapter 4)
Regulatory requirements
...who needs to do what...
(chapter 4)
Additional details on:
• national emissions mark (chapter 5)
• emission standards (chapter 6)
Compliance and
enforcement
(chapter 11)
• evidence of conformity (chapter 7)
• importing an engine (chapter 8)
• special engine cases (chapter 10)
• other obligations (chapter 9)
Regulatory
framework
(chapter 2)
Engines affected
by the regulations
(chapter 3)
Persons affected
by the regulations
(chapter 4)
Regulatory requirements
...who needs to do what...
(chapter 4)
Additional details on:
• national emissions mark (chapter 5)
• emission standards (chapter 6)
Compliance and
enforcement
(chapter 11)
• evidence of conformity (chapter 7)
• importing an engine (chapter 8)
• special engine cases (chapter 10)
• other obligations (chapter 9)
Figure 1: Structure of the Guidance Document
3
2. REGULATORY FRAMEWORK
The Off-Road Small Spark-Ignition Engine Emission Regulations
establish, under the authority of the Canadian Environmental Protection Act,
1999, Canadian emission standards aligned with those of the U.S. Environmental
Protection Agency (EPA) for small spark-ignition engines.
The text of the Regulations can be retrieved from the CEPA
Environmental Registry at http://www.ec.gc.ca/CEPARegistry/regulations/.
2.1 What is the Canadian Environmental Protection Act, 1999 (CEPA
1999)?
The Canadian Environmental Protection Act, 1999 (CEPA 1999), “an Act
respecting pollution prevention and the protection of the environment and human
health in order to contribute to sustainable development”, is Canada’s principal
piece of federal environmental protection legislation. Part 7, Division 5, contains
the legislative authority for making regulations for the purpose of controlling
vehicle, engine and equipment emissions.
The text of CEPA 1999 can be retrieved at http://laws.justice.gc.ca/en/C-
15.31/index.html.
2.2 What is the CEPA Environmental Registry?
The CEPA Environmental Registry is a comprehensive source of public
information relating to activities under CEPA 1999. In addition to providing up-to-
date copies of current CEPA 1999 instruments, the primary objective of the
Registry is to encourage and support public participation in environmental
decision-making, by facilitating access to documents arising from the
administration of the Act.
The CEPA Environmental Registry is accessible at
http://www.ec.gc.ca/CEPARegistry/default.cfm.
2.3 What is the Code of Federal Regulations?
The Code of Federal Regulations is a codification of the general and
permanent rules published by the U.S. Federal Government. In this guidance
document, the expression “CFR” always means Title 40, Part 90, Control of
Emissions from Nonroad Spark-Ignition Engines of the Code of Federal
Regulations. The text of the CFR can be retrieved at
http://www.access.gpo.gov/nara/cfr/waisidx_02/40cfr90_02.html.
4
The Regulations incorporate portions of the CFR by reference to ensure
alignment of the emission standards between the two countries. Subsection 1(2)
of the Regulations states that incorporation by reference to the CFR shall be read
as excluding
(1) references to the EPA or its Administrator exercising discretion in any
way;
(2) alternative standards related to the averaging, banking and trading of
emission credits, to small volume manufacturers or to financial hardship;
and
(3) standards or evidence of conformity from any other jurisdiction or
authority other than the EPA.
2.4 Are the Regulations identical to the EPA rules?
No. While the overall missions of Environment Canada and EPA are quite
similar, the constitutions and laws of both countries differ. There are significant
differences in how environmental protection regulations can be developed and
enforced in Canada and in the U.S.
The Regulations were developed to align Canadian emission standards
with those of the EPA. Ancillary provisions are as similar as possible,
considering the different regulatory frameworks in Canada and the U.S.
2.5 Certain provisions of the Regulations state that information can be
requested by or sent to the Minister. Who is the Minister?
The “Minister” is the federal Minister of the Environment. An official of
Environment Canada may make a request for information on behalf of the
Minister. Where the Regulations require information to be submitted to the
Minister, unless otherwise directed, it should be sent to:
Director, Transportation Systems Branch
Air Pollution Prevention Directorate
Environment Canada
351 St-Joseph Blvd
Gatineau, Quebec K1A 0H3
fax: 819-953-7815
phone: 819-953-1120
e-mail: [email protected]
5
3. ENGINES SUBJECT TO THE REGULATIONS
The Regulations prescribe standards for off-road engines that
(1) operate under characteristics significantly similar to the theoretical Otto
combustion cycle;
(2) use spark plugs or other sparking devices; and
(3) do not develop more than 19 kW of power.
These engines typically use gasoline but liquefied petroleum gas or
natural gas can also be used. Small spark-ignition engines are typically found in
lawn and garden machines (hedge trimmers, brush cutters, lawnmowers, garden
tractors, snowblowers, etc.); in light-duty industrial machines (generator sets,
welders, pressure washers, etc.); and in light-duty logging machines (chainsaws,
log splitters, shredders, etc.).
The Regulations apply to engines manufactured in Canada and
“transported within Canada” (i.e., transported between provinces) and to engines
imported into Canada.
Section 3.4 of this guidance document identifies categories of small spark-
ignition engines that are not subject to these Regulations.
3.1 What is an off-road engine?
An off-road engine is defined as an internal combustion engine that is
used or designed to be used:
(1) by itself and that is capable of being carried or moved from one
location to another;
(2) in or on a machine that is designed to be or capable of being carried
from one location to another (e.g. a portable generator);
(3) in or on a machine that is self-propelled (e.g. a go-kart);
(4) in or on a machine that serves a dual purpose by both propelling itself
and performing another function (e.g. a garden tractor); or
(5) in or on a machine that is intended to be propelled while performing its
function (e.g. a lawn mower).
Under section 149 of CEPA 1999, engines designed to propel an aircraft
or rolling stock (e.g., a locomotive) or compression-ignition engines rated at 37
kW and above designed to propel a vessel (i.e., a boat, ship or craft designed,
used or capable of being used solely or partly for navigation in, on, through or
immediately above water) are not within the scope of Part 7, Division 5 of CEPA
1999 and are not engines under the Regulations.
6
3.2 What is a machine?
“Machine” means anything, including a vehicle, device, appliance or
implement that is powered by an engine. A chainsaw, a lawn mower, a garden
tractor, or a portable generator powered by a small spark-ignition engine would
be considered a machine for the purpose of these Regulations. In the CFR, the
words “equipment” or “nonroad vehicle” generally have the same meaning as
“machine” in the Regulations.
While most provisions of the Regulations cover specifically engines,
machines are also impacted to the extent that the machine contains an engine
covered by these Regulations.
3.3 What is the difference between “equipment” and “machine”?
The word “equipment” is often used in everyday language as a general
descriptor for tools or machinery powered by off-road engines, such as in the
expression “lawn and garden equipment”.
Section 149 of CEPA 1999 assigns a specific meaning for the word
“equipment” as “any prescribed equipment that is designed for use in or on a
vehicle or engine”. The legislative meaning of “equipment” is intended to
address engine accessories including but not limited to catalytic converters or
fuel systems. The Regulations use the term “machine” to designate a vehicle,
device, appliance or implement powered by an engine.
3.4 Which categories of off-road small spark-ignition engines are
excluded from the Regulations?
The following small spark-ignition engines are not subject to the
Regulations:
(1) engines designed exclusively for competition and with features not easily
removed and with characteristics that render their use other than in
competition unsafe, impractical or unlikely;
(2) engines regulated by the On-Road Vehicle and Engine Emission
Regulations;
(3) engines designed to be used exclusively in underground mines;
(4) engines designed to power snowmobiles, all-terrain vehicles, and off-
highway motorcycles;
(5) hobby engines designed to be used in reduced-scale models of vehicles
that are not capable of transporting a person;
(6) engines designed to be used exclusively in emergency and rescue
machines;
(7) engines designed to be used in machines designed for use in military
combat or combat support;
7
(8) engines designed to propel a vessel (i.e., a boat, ship or craft designed,
used or capable of being used solely or partly for navigation in, on,
through or immediately above water); and
(9) engines that are being exported and that are accompanied by a written
statement establishing that they will not be sold or used in Canada.
3.5 Which small spark-ignition engines do not have to conform to some
provisions of the Regulations?
The following engines do not have to conform to some of the provisions of
the Regulations:
(1) engines that are imported into Canada solely for purposes of exhibition,
demonstration, evaluation or testing;
(2) engines that are being imported exclusively for use by a visitor to Canada
or by a person passing through Canada to another country;
(3) engines that are in transit through Canada, from a place outside Canada
to another place outside Canada;
(4) engines that do not meet the requirements of the Regulations at
importation or when leaving a factory but that will meet these requirements
before they leave the possession or control of the company
1
, such as
incomplete engines;
(5) replacement engines as this term is defined in subsection 13(1) of the
Regulations; and
(6) engines for which the Governor-in-Council has granted an exemption.
Additional details on special provisions in respect of these engines are
given in Chapter 10 of this guidance document.
3.6 When do the Regulations come into force?
The Regulations come into force on January 1, 2005, except for the
sections related to the national emissions mark which come into effect on the
date the Regulations were registered. Additional details on the national
emissions mark are provided in Chapter 5 of this guidance document.
The standards apply to engines of the 2005 and later model years.
3.7 What is a model year?
Model year is the year determined by the manufacturer to designate the
period of production of a particular model of an engine and is defined in section 4
of the Regulations.
1
Chapter 4 of this guidance document provides details on the exact meaning of “company” under
CEPA 1999.
8
The model-year can span a period of up to two calendar years less one
day but can include only one January 1. The model year corresponds to the
calendar year during which production occurred or the calendar year during
which January 1 fell. For example a line of engines produced between March 1,
2006 and January 31, 2007 would correspond to 2007 model year engines.
4. PERSONS AFFECTED BY THE REGULATIONS
The Regulations apply mainly to companies and, in section 149 of CEPA
1999, a company is defined as a “person who
(a) is engaged in the business of manufacturing vehicles, engines or
equipment in Canada;
(b) is engaged in the business of selling to other persons, for the purpose
of resale by those persons, vehicles, engines or equipment obtained
directly from a person described in paragraph (a) or the agent of such
person; or
(c) imports any vehicle, engine or equipment into Canada for the purpose
of sale.”
Note that, under section 149 of CEPA 1999, the term “manufacture”
includes any process of assembling or altering any vehicle, engine or equipment
before its sale to the first retail purchaser. Under section 3 of CEPA 1999, “to
sell” includes to offer for sale or lease, have in possession for sale or lease or
deliver for sale or lease.
To highlight that “company” under CEPA 1999 means only specific types
of commercial entities, the word will be italicized throughout the rest of this
guidance document.
Four different types of persons are potentially affected by the Regulations:
• Canadian engine manufacturer;
• Distributor of Canadian engines or machines containing Canadian
engines;
• Importer of engines or machines for the purpose of sale ; and
• Person who is not a company importing an engine or machine.
Foreign engine manufacturers are not directly subject to CEPA 1999 or to
the Regulations. However, engines imported into Canada must conform to
Canadian emissions regulations.
4.1 Who is a Canadian engine manufacturer?
A person engaged in the business of manufacturing vehicles, engines or
equipment in Canada is a company under CEPA 1999.
9
Under CEPA 1999, “to manufacture” includes any process of assembling
or altering any engine before its sale to the first retail purchaser. Therefore a
person who modifies an engine before it is sold, for example by adapting a
gasoline engine to run on propane or natural gas, would be considered as a
company for the purposes of the Regulations.
The Regulations apply to engines manufactured in Canada only if they are
“transported within Canada”, i.e., transported between provinces or territories.
4.2 Who is a distributor of Canadian engines?
A person who is engaged in the business of selling to other persons, for
the purpose of sale by those persons, engines obtained directly from a Canadian
engine manufacturer or its agent is a distributor of Canadian engines and is a
company under CEPA 1999.
Engines manufactured in Canada that are transported between provinces
or territories require a national emissions mark (see Chapter 5). One national
emissions mark is required per engine. In the case of an engine manufactured in
Canada and distributed by a company other that the manufacturer, only one
company need apply the national emissions mark.
4.3 When is an importer a company under CEPA 1999?
Under CEPA 1999, a company is a person importing engines, or machines
powered by these engines, for the purposes of sale.
A person importing engines for a purpose other than sale is not a
company under CEPA 1999. An individual or commercial entity importing
engines directly for their own use is not considered to be a company for the
purposes of the Regulations. For example, a logging business importing directly
chainsaws to be used by its employees would not be considered a company.
However, there are some regulatory requirements for this category of persons.
4.4 What are the regulatory requirements for each type of “person”
affected by the Regulations?
Table 1 provides a summary of the requirements for the four different
categories of persons affected by Regulations. When necessary, more detailed
information is provided elsewhere in the guidance document.
10
Table 1
Summary of Regulatory Requirements
Canadian
engine
Distributor
of
Engine or machine
importer
Chapter
in the
manufacturer Canadian
engines
For the
purpose of
sale
For other
purposes
guidance
document
Company under
CEPA 1999 ?
yes yes yes no 4
Apply the
national
emissions mark
X X
5
Supply engines
that comply with
standards
X X X (1) 6
Provide
evidence of
conformity upon
request
X X X (1) 7
Submit an
importation
declaration
X
8
Prescribed label
is affixed to an
imported engine
X 8
Provide
maintenance
instructions
X X X
9
Cause notice of
defect to be
given, if
necessary
X X X
9
(1) The presence of the prescribed label on the engine is considered as evidence
that the engine conforms to the prescribed or equivalent emission standards
when it is imported by a person for purposes other than sale.
4.5 How are foreign engine manufacturers affected by the Regulations?
A foreign engine manufacturer produces engines outside Canada and is
not directly subject to CEPA 1999 or to the Regulations. However, engines
imported into Canada must conform to Canadian emission Regulations.
11
Importers may require the assistance of a foreign engine manufacturer to
demonstrate compliance with the Regulations. In particular, the assistance of
foreign engine manufacturers will be required to ensure that engines imported
into the Canadian market meet the prescribed standards and to provide evidence
of conformity to that effect. These requirements are described in Chapters 6 and
7 of this guidance document.
5. NATIONAL EMISSIONS MARK
Companies are generally required to apply the national emissions mark to
prescribed engines that are manufactured in Canada for sale in Canada. Section
152 of CEPA 1999 prohibits a company from transporting engines manufactured
in Canada between provinces or territories unless the engine has a national
emissions mark applied to it. Use of the national emissions mark denotes
compliance with the Regulations.
The national emissions mark is the symbol shown in Figure 2. Section
150 of CEPA 1999 specifies that the national emissions mark is a national
trademark and establishes limitations on any person’s use of the mark (or the
use of any other mark in such a manner that it is likely to be mistaken for a
national emissions mark). Companies must obtain the Minister’s authorization to
use the national emissions mark.
Figure 2: The national emissions mark
12
5.1 Are there any conditions regarding applying a national emissions
mark to an engine?
Yes. Section 153 of CEPA 1999 prohibits a company from applying the
national emissions mark to any engine unless a number of stated requirements
are met. The emissions standards that the engine must meet are prescribed in
sections 9 to12 of the Regulations.
5.2 When do the provisions regarding the national emissions mark come
into effect?
Sections 6 to 8 of the Regulations have been in effect since registration in
November 2003 to allow early authorization for companies to apply the national
emissions mark to engines manufactured before January 1, 2005 that meet
applicable 2005 model year standards.
The other provisions of the Regulations come into effect on January 1,
2005.
5.3 Who can apply the national emissions mark?
Under section 151 of CEPA 1999, a company must have received an
authorization from the Minister to apply the national emissions mark.
5.4 How does a company obtain the Minister’s authorization to use the
national emissions mark?
A company must submit an application to obtain the Minister’s
authorization to use the national emissions mark. The information to be included
in the application is set out in section 6 of the Regulations. A company’s
application must be signed by a person who is authorized to act on behalf of the
company.
When the Minister authorizes a company to use the national emissions
mark, a unique identification number will be assigned.
5.5 What information could satisfy the requirement of paragraph 6(d) of
the Regulations to show that the company is capable of verifying
compliance with the standards?
Information to show that a company is capable of verifying compliance
with the regulatory standards may be presented in various forms, including but
not limited to,
(1) Recent experience in obtaining U.S. EPA emission certification
When applicable, a company may provide the following statement:
13
"The company has been issued certificates of conformity by the
U.S. EPA within the last five years as evidence of conformity with U.S.
regulatory emission standards for engines covered under the Off-Road
Small Spark-Ignition Engine Emission Regulations.”
(2) Technical Information
The company may provide technical information to show that it is
capable of verifying compliance with the standards set out in the
Regulations including, but not limited to, information describing the
capabilities of the emission test facilities operated by, or on behalf of, the
company to produce evidence that its engines conform to the standards
set out in the Regulations. This may include evidence that the emission
test facility used on behalf of the company has produced test results used
in support of a successful application to the EPA for the issuance of a
certificate of conformity.
The Minister will assess the information provided to determine if the
company may apply the national emissions mark on engines.
5.6 Do imported engines required the national emissions mark?
No. Subsection 153(1) of CEPA 1999 directly requires that imported
engines conform to the requirements of the Regulations as a condition for their
importation into Canada. Accordingly, the application of a national emissions
mark to imported engines is not required to demonstrate such conformity.
5.7 Are there any requirements regarding the size, location and manner
of affixing the national emissions mark to an engine?
Yes. Requirements regarding the size, location and manner of affixing the
national emissions mark to vehicles or engines are addressed in section 7 of the
Regulations.
The size of the national emissions mark shall be at least 7mm in height
and 10mm in width. The identification number assigned by the Minister
(described in section 5.4 of this document) shall be in figures that are at least
2mm in height, immediately below or to the right of the mark.
The national emissions mark shall be located on or immediately next to
the EPA engine information label or, if there is no such label, in a visible, readily
accessible location.
The national emissions mark shall be on a label that is permanently
applied, resistant to any weather condition and bears legible and indelible
inscriptions.
14
6. EMISSION STANDARDS
The Regulations prescribe that the engine conform to applicable
standards comprising provisions for:
a) emission control system and defeat device (section 9 of the
Regulations);
b) exhaust emissions (section 10 of the Regulations);
c) crankcase emissions (section 11 of the Regulations); and
d) adjustable parameters (section 12 of the Regulations).
These standards are aligned with U.S. EPA rules for small spark-ignition engines
as published in the CFR.
Under section 14 of the Regulations, an engine covered by an EPA
certificate of conformity and sold concurrently in Canada and the U.S. is deemed
to conform to the Canadian emission standards.
6.1 What is an emission control system?
Subsection 1(1) of the Regulations defines an emission control system as
“any device, system or element of design that controls or reduces the exhaust
emissions from an engine”.
6.2 Are there restrictions on an emission control system installed on a
prescribed engine?
Yes. Subsection 9(1) of the Regulations prescribes that an emission
control system shall not release a substance that causes air pollution and that
would not have been released if the system were not installed. In addition, the
emission control system shall not make the engine or the machine in which the
engine is installed unsafe or endanger persons or property near the engine or
machine.
6.3 What is a defeat device?
A defeat device means any device, system, or element of design which
senses operation outside emission certification test conditions and reduces
emission control effectiveness. The Regulations incorporate by reference the
CFR definition of defeat device.
Under subsection 9(2) of the Regulations, no engine can be equipped with
a defeat device.
15
6.4 What are the exhaust emission standards?
The exhaust emission standards are aligned with those of the U.S. EPA
and the Regulations incorporate by reference sections 90.103, 90.104 and
90.105 of the CFR.
The exhaust emission standards are divided into seven classes based on
engine displacement and usage in either handheld or non-handheld applications.
The Regulations establish a maximum level of carbon monoxide (CO) and
combined hydrocarbon and oxides of nitrogen (HC+NOx) emissions for each
engine class. The standards are defined as mass of pollutant per unit of engine
work expressed in grams per kilowatt-hours (i.e., brake-specific emissions).
Table 2 provides a summary of the exhaust emission standards. Some
engine classes include a combined non-methane hydrocarbons (NMHC) and
NOx standard that applies when the engine is fuelled by natural gas.
Table 2 —Engine classes and exhaust emission standards
Engine
class
Engine Type Engine
Displacement
(cm
3
)
Effective date
(model year)
standard
HC+NOx
(g/kW-hr)
standard
NMHC+NOx
c
(g/kW-hr)
standard
CO
(g/kW-hr)
I-A non-handheld <66 2005 and later 50
a
-- 610
a
I-B non-handheld
<100 and ≥66
2005 and later 40
a
37
a
610
a
I non-handheld
<225 and ≥100
2005 and later (1) 16.1
b
-- 519
b
2005 and later (2) 16.1
a
14.8
a
610
a
2007 and later (3) 16.1
a
14.8
a
610
a
II non-handheld
≥225
2005 and later 12.1
a
11.3
a
610
a
III handheld <20 2005 and later 50
a
-- 805
a
IV handheld
<50 and ≥20
2005 and later 50
a
-- 805
a
V handheld
≥50
2005 119
a
-- 603
a
2006 96
a
-- 603
a
2007 and later 72
a
-- 603
a
a
Standards apply throughout the engine useful life
b
Standards apply only when the engine is new
c
Some engine classes include a combined non-methane hydrocarbons (NMHC) and
NOx standard that applies when the engine is fuelled by natural gas
.
(1) For models already in production at coming into force of the proposed Regulations
(2) For models initially produced after coming into force of the proposed Regulations
(3) For all models
16
6.5 What are the procedures to measure the exhaust emissions?
The exhaust standards include the test procedures, fuels and calculations
method set out in the CFR for those standards.
During a emission certification test, exhaust gases are sampled while the
test engine is operated using a specified test cycle on a dynamometer. The
exhaust gases receive specific component analysis determining concentration of
pollutant. Emission concentrations are converted to weighted emission rates
reported in grams per brake-kilowatt hour (g/kW-hr).
6.6 What are the alternative standards for niche Canadian products?
When less than 2,000 units of an handheld engine of a given model and
model year are sold in Canada, the engine may conform to alternative standards
described in section 10 of the Regulations instead of the exhaust emission
standards set out in table 4 of section 90.103 of the CFR. These alternative
standards are consistent with those available under the provisions for small
volume engine families in the CFR.
For a class III or IV engine of the model year 2007 or earlier, the exhaust
emission standards are set out in Table 1 of section 90.103 of the CFR
applicable to an engine of the same class. For a class III or IV engine of the
model year 2008 or later, the HC+NOx exhaust emission standards are set out in
paragraph 90.203(f) of the CFR for the applicable class of engine and the CO
emissions must not be greater than 805 g/kW-hr.
For a class V engine of the model year 2009 or earlier, the exhaust
emission standards are set out in Table 1 of section 90.103 of the CFR
applicable to an engine of the same class. For a class V engine of the model
year 2010 or later, the HC+NOx exhaust emission standards are set out in
paragraph 90.203(f) of the CFR and the CO emissions must not be greater than
603 g/kW-hr.
6.7 Why are there alternative standards for niche Canadian products?
The alternative standards described in section 6.6 of this document are
provided to accommodate Canada-only niche products used by the forestry
industry. The Department has concluded that allowing these products to meet
alternative, less-stringent exhaust emission standards was the best option to
keep these products available in Canada, considering their importance to the
forestry sector and their small contribution to national air pollution.
6.8 What are the alternative exhaust standards for wintertime engines?
The exhaust emission standards include less stringent HC+NOx levels for
engines in machines used exclusively in wintertime such as ice augers and
17
snowblowers. These engines are subject to the applicable CO standard. These
alternative standards are aligned with those found in paragraphs 90.103(a)(4)
and (5) of the CFR .
Snowblower engines can also meet alternative crankcase emission
standards (please refer to section 6.12 of this document).
6.9 For how long must an engine conform to the exhaust emission
standards?
An engine must conform to the exhaust emission standards throughout its
“useful life”. The useful life period is incorporated by reference from the CFR.
Section 90.105 of the CFR states that a manufacturer can select one of three
specified periods (Table 3).
The selection of the useful life duration must be supported by technical
documentation. Longer useful lives, which entail a higher manufacturing cost are
typically found in commercial equipment while home consumer products are
often designed for shorter useful lives
Table 3: Useful life
engine Useful life category (hours)
class C B A
I-A 50 125 300
I-B 125 250 500
I 125 250 500
II 250 500 1000
III 50 125 300
IV 50 125 300
V 50 125 300
6.10 What are the standards for a class I engine in 2005 and 2006?
As shown in Table 2, there are two exhaust emission standards for a class
I engine of model years 2005 and 2006. The applicable exhaust emission
standards is conditional on whether or not the engine is already in production on
January 1, 2005. A class I engine already in production on the coming into force
date does not have to meet the useful life requirements and there is no combined
NMHC+NOx standard for that engine.
18
After model year 2007, all class I engines must meet the same exhaust
emission standard throughout their useful lives.
These standards are aligned with those in the CFR.
6.11 When can an engine be classified as “handheld”?
The Regulations incorporate by reference the definition of handheld
engines provided in paragraph 90.103(a)(1) of the CFR. An engine is subject to
the handheld exhaust emission standards only if it meets at least one of the
following requirements:
(1) the engine must be used in a machine that is carried by the operator
throughout the performance of its intended function(s);
(2) the engine must be used in a machine that must operate multi-
positionally, such as upside down or sideways to complete its intended
function(s);
(3) the engine must be used in a machine for which the dry weight is
under 14 kilograms, no more than two wheels are present on the
machine, and at least one of the following attributes is also present:
• the operator must alternatively provide support or carry the
machine throughout the performance of its intended function(s);
• the operator must provide support or attitudinal control throughout
the performance of its intended function(s); and
• the engine must be used in a generator or a pump; or
(4) the engine must be used to power a one-person auger with a dry
weight under 20 kilogram.
The weight limit defined in (3) or (4) may be exceeded if the machine
exceeds the weight limit by no more than the extent necessary to allow for
incremental weight of a four-stroke engine or the incremental weight of two-
stroke engine having enhanced emission control.
6.12 What are the requirements for crankcase emissions?
Under subsection 11(1) of the Regulations, the crankcase of an engine
must be closed.
Subsection 11(2) of the Regulations allows for an open crankcase for an
engine designed to power a snowblower if the combination of exhaust and
crankcase emissions meet the applicable standard.
19
6.13 What is an adjustable parameter?
Subsection 12(1) of the Regulations defines an adjustable parameter as “a
device, system or element of design that is physically capable of being adjusted
to affect emissions or engine performance during emission testing or in-use
operation, but does not include devices, systems or elements of design that are
permanently sealed by the engine manufacturer or that are inaccessible with the
use of ordinary tools”.
Engines with adjustable parameters must comply with the applicable
standards regardless of the adjustment of these parameters. For example, if
there is an adjustable screw on an engine carburetor, this engine must meet the
exhaust emission standards regardless of the adjustment (fully, partly, or not
tightened) of the screw.
6.14 Is it required for an engine covered by an EPA certificate of
conformity and sold concurrently in Canada and the U.S. to meet the
Canadian emission standards?
Under subsection 14(2) of the Regulations, an engine covered by an EPA
certificate of conformity and sold concurrently in Canada and the U.S. is deemed
to conform to the emission standards (i.e., sections 9 to 12 of the Regulations) if
this engine meets all requirements set out in the EPA certificate of conformity.
All other requirements of the Regulations (such as evidence of conformity,
importation documents, notice of defect, etc.) must be met.
It is possible for the EPA to issue a certificate of conformity for an engine
with emissions levels above the applicable standard. The EPA emission program
incorporates an optional averaging, banking and trading program that allows
manufacturers to certify engines to a level less stringent than the prescribed
standard as long as the increased emissions are offset, on a sales weighted
basis, by engines certified better than the standard. Engines certified under the
averaging provisions cannot exceed a prescribed maximum emission level.
6.15 Is it necessary to have exactly the same engine sold concurrently in
Canada and in the U.S.?
No. Under subsection 14(1) of the Regulations, an engine sold in Canada
that shares all the features (used by the EPA to classify engines into engine
families) with an engine in an engine family covered by an EPA certificate and
sold in the U.S. in the same model year may conform to the emission standards
referred to in the relevant EPA certificate, instead of standards set out in the
Regulations. The engine sold in Canada must not have any features that could
cause it to have a higher level of emissions than the engine family sold in the
U.S.
20
7. EVIDENCE OF CONFORMITY
Sections 16 to 18 of the Regulations identify the records respecting the
evidence of conformity that must be provided upon request.
For an engine that is covered by an EPA certificate of conformity and that
is sold concurrently in Canada and in the U.S., the evidence of conformity is
(1) a copy of the EPA certificate of conformity;
(2) a document demonstrating that the engine is sold concurrently in
Canada and in the U.S.;
(3) a copy of the records submitted to the EPA when applying to obtain a
certificate a conformity; and
(4) the U.S. Environmental Protection Agency engine information label
affixed to the engine.
For an engine that is not covered by an EPA certificate of conformity or
that is not sold concurrently in Canada and in the U.S., the evidence of
conformity shall be obtained and produced in a form and manner that is
satisfactory to the Minister. Please refer to section 7.3 of this guidance
document.
7.1 What records could satisfy the requirement of demonstrating that an
engine is sold concurrently in Canada and the U.S.?
Paragraph 16(b) of the Regulations requires a document demonstrating
that an engine covered by an EPA certificate is sold concurrently in Canada and
the U.S. Examples of evidence include:
(1) a copy of an invoice for the sale of an engine to a person in the U.S.;
(2) a copy of an invoice for the sale of a machine containing the engine to
a person in the U.S. accompanied by documentation showing that the
engine was installed in the machine; or
(3) other evidence sufficient to demonstrate concurrent sales of engines
in the U.S. and Canada.
7.2 When must the evidence of conformity be submitted?
A company is required to provide the evidence of conformity in respect of
any engine only upon request from the Minister. This request can apply to
engines manufactured in the eight years preceding the request and evidence of
conformity must be provided in either official language within 40 days after the
request is delivered. If the evidence of conformity must be translated from a
language other than French or English, the company has 60 days to provide the
evidence.
21
While the Regulations do not oblige a company to maintain these records,
there is an obligation to make them available on request. Accordingly,
companies are urged to ensure that the necessary arrangements are in place to
fulfill this obligation.
7.3 What is the procedure to provide evidence of conformity “in a form
and manner satisfactory to the Minister” for the engines referred to
in section 17 of the Regulations?
For an engine that is not covered by an EPA certificate of conformity or
sold concurrently in Canada and in the U.S., section 17 of the Regulations states
that evidence of conformity must be obtained and produced in a form and
manner satisfactory to the Minister. The evidence of conformity in this situation
must be submitted prior to importation of the subject engine.
Figure 3 illustrates the procedure to provide evidence of conformity “in a
form and manner satisfactory to the Minister” for the engines referred to in
section 17 of the Regulations.
.
22
mor e data
needed for
assessment
engines
manufactured
and transported
in Canada
imported
engines
Company applies
- national emissions mark
- engine information label
Company applies
- compliance label (or national emissions mark)
- engine information label
data
assessment
by EC
evidence of conformity
is deemed to be satisfactory
letter from the Minister and supporting documents fulfill
regulatory requirement for evidence of conformity
Company provides information to the Minister
1) emission testing data and results
2) credentials of the laboratory where the testing was done
3) sample of engine information label
N.B.: Company must be authorized
to apply the national emissions mark
origin
of
engine
mor e data
needed for
assessment
engines
manufactured
and transported
in Canada
imported
engines
Company applies
- national emissions mark
- engine information label
Company applies
- compliance label (or national emissions mark)
- engine information label
data
assessment
by EC
evidence of conformity
is deemed to be satisfactory
letter from the Minister and supporting documents fulfill
regulatory requirement for evidence of conformity
Company provides information to the Minister
1) emission testing data and results
2) credentials of the laboratory where the testing was done
3) sample of engine information label
N.B.: Company must be authorized
to apply the national emissions mark
origin
of
engine
Figure 3: Procedure for Canada-only engines
The Department expects that companies obtain and produce evidence of
conformity that is comparable to that specified in paragraphs 15(c) and 15(d) for
EPA certified engines. A company should therefore obtain and produce the
following evidence:
(1) results of the emissions testing of the Canada-only engine obtained
using the applicable procedures set out in the CFR;
(2) data required to repeat this testing;
23
(3) credentials of the laboratory where the testing was performed,
especially experience in obtaining test results used in support of
certification by the EPA;
(4) sample of an engine information label.
Test results and data required to repeat the testing may be presented in
the same format used when applying to the EPA for a certificate of conformity.
The Department will expect an information label to be affixed in the same
location specified in the Regulations. This engine information label should
include:
(1) a statement of compliance, such as “this engine conforms to all
applicable standards under the Canadian Off-Road Small Spark-
Ignition Engine Emission Regulations” or the national emissions mark if
the company has been authorized to apply it; and
(2) the name of company, the model year, and sufficient information to
demarcate the engine for which the evidence of conformity has been
assessed to be satisfactory.
To save space on this label, a company may use the code system shown
in Table 4 instead of providing in full the information listed under item (2). This
code is based on the engine family identification developed by the EPA.
24
Table 4
Identification code for Canada-only engines
Number of
characters
Columns Description
1 1 Model year identified until 2009 by the last number of
the model year, i.e. 5 for model year 2005. Codes to
match those of the EPA for model 2010 and later when
these are known.
3 2-4 Codes identifying the company. A company may use
a) the identification number assigned by the Minister if
authorized to apply the national emissions mark;
b) the character sequence used by the EPA to identify
the company, if applicable; or
c) if the company cannot use a) or b), a sequence of
three characters.
1 5 A letter code identifying the Regulations
V on-road
S small spark-ignition
R recreational
C compression -ignition
L large spark-ignition
4 6-9 Engine displacement in liters (e.g. 05.7 where the
decimal point counts as a digit and the leading zero is
a space) or in cubic inches (e.g. 0350, 0097). For
large displacement engines, the displacement may be
entered as XX.X (e.g. 12.1). Small engines may be
entered as a .XXX (e.g., .072, 0.07, 00.7). In all cases
the displacement will be read in liters if a decimal point
is entered and in cubic inches if there is no decimal
point.
3 or more 10-? Sequence characters. Use any combination of
characters to provide a unique identification for the
engine model or family.
8. IMPORTING AN ENGINE
Only engines that comply with the Regulations are eligible for importation.
Under section 19 of the Regulations, any company importing an engine
shall submit a declaration at a customs office. This declaration must provide
25
(a) the name and address of the importer;
(b) the business number assigned to the company;
(c) for a loose engine, the name of its manufacturer, its model and model
year;
(d) for a machine, the name of its manufacturer, the make, model and
type of the machine ;
(e) the date of importation; and
(f) a statement that the engine bears the national emissions mark or that
the company is able to produce the evidence of conformity or complies
with the Canadian emission standards.
Under section 21 of the Regulations, any engine that is imported by a
person who is not a company shall be labeled with:
(a) the national emissions mark;
(b) the EPA engine information label; or
(c) a label showing that the engine conformed to the emission standards
of the California Air Resources Board (CARB) in effect at the time of its
manufacture.
The presence of one of the above identified labels on the engine is
normally sufficient evidence to indicate that the engine conforms to Canadian
emissions standards at the time of manufacture. There is no explicit importation
documentation requirement for engines imported by a person that is not a
company.
8.1 What is the business number required in paragraph 19(1)(b) of the
Regulations?
The business number (BN) is a numbering system that simplifies and
streamlines the way businesses deal with the federal government. It is assigned
by the Canada Customs and Revenue Agency to uniquely identify business
entities and must be supplied on customs documents.
More information on the business number is available at http:
http://www.ccra-adrc.gc.ca/tax/business/busregistration-e.html
8.2 Is there a special form for the importation declaration specified in
section 18 of the Regulations?
No. The required declaration can be provided by a company in three
different ways.
(1) The information required typically corresponds to the information
provided on the commercial invoice required at importation. The
company may add the statement of conformity required under
paragraph 19(1)(f) of the Regulations onto their commercial invoice.
26
(2) If eligible, the company may provide the bulk declaration described in
subsection 19(2) of the Regulations.
(3) The company may submit the declaration on a separate form provided
by the company.
8.3 Is there any suggested wording for the statement under paragraph
19(1)(f) of the Regulations?
Yes. This wording may be used: “All engines in this shipment conform to
the Canadian Off-Road Small Spark-Ignition Engine Emission Regulations”.
8.4 Who is eligible to sign the import declaration as the “duly authorized
representative” of the company?
“Duly authorized representative” means a person with written authority to
act on behalf of the company. Any authorized employee of the company or a
separate commercial entity under contract with the company, such as a customs
broker, can sign documents as the duly authorized representative of the
company.
8.5 What is the bulk declaration mentioned in subsection 19(2)?
Any company that imports 500 or more prescribed engines in a calendar
year may provide the information required under subsection 19(1) of the
Regulations via a bulk declaration.
9. OTHER OBLIGATIONS
9.1 To provide maintenance instructions
Under section 15 of the Regulations, a company shall ensure that written
instructions for emission-related maintenance are provided to the first retail
purchaser of every engine or machine and are consistent with the maintenance
instructions set out in the CFR. The instructions must be provided in English,
French or both official languages, as requested by the purchaser.
9.2 Notice of defect
A company shall, on becoming aware of a defect in the design,
construction or functioning of the engine that affects or is likely to affect its
compliance with a prescribed standard, cause notice of defect to be given.
The expression “on becoming aware of a defect” in subsection 157(1) of
CEPA 1999 can be interpreted as meaning, for an engine covered by EPA
27
certificate, when the company is aware that the criteria under which a
manufacturer must file a defect information report with the EPA as described in
subsection 90.803(a) of the CFR have been met.
Subsection 26(1) of the Regulations describes the information that must
be provided in the notice of defect. The notice must be given to the Minister, to
each person who has obtained such engine from the company and to each
current owner of such engine.
Given the nature of the small spark-ignition engine and machine market,
the Minister may take advantage of the flexibility provided by subsection 157(4)
of CEPA 1999 regarding issuing notice to current owners. The Minister may
order that the notice be provided by publication in daily newspapers or in an
alternative medium or, if the circumstances warrant, order that the current
owners need not be notified. The notice of defect provided to the Minister
requires a description of the means available to the company to contact the
current owner of each affected engine.
Within 60 days after a notice of defect has been given, the company must
submit to the Minister an initial report containing the information described in
subsection 26(2) of the Regulations. Unless the Minister directs otherwise, the
company must also provide a report respecting the defect and its correction not
later than 24 months after giving a notice of defect.
Under subsection 157(3) of CEPA 1999, a company is not required to
cause notice of defect to be given if a relevant notice has already been given in
Canada by another person (e.g., the engine manufacturer) for the same defect.
9.3 Obligation to provide an engine
Under section 159 of CEPA 1999, upon request from the Minister, a
company shall make available for testing any engine that was used in tests
conducted in order to establish information submitted as evidence of conformity
or an equivalent engine. The Minister will defray the transportation cost and pay
the rental rate set in section 23 of the Regulations. The annual rental rate is 21%
of the manufacturer’s suggested retail price of the engine, prorated on a daily
basis for each day the engine is made available.
28
10. SPECIAL CASES OF OFF-ROAD SMALL SPARK-IGNITION
ENGINES
10.1 Engines imported in Canada solely for purposes of exhibition,
demonstration, evaluation or testing
Under paragraph 155(1)(a) of CEPA 1999, an engine imported into
Canada solely for purposes of exhibition, demonstration, evaluation or testing
does not have to meet with the requirements of the Regulations if a declaration
signed by the person importing the engine or their duly authorized representative
is submitted at a customs office. Section 20 of the Regulations specify that the
declaration must contain:
(1) the name and street address and, if different, the mailing address of the
importer;
(2) the business number of the importer;
(3) in respect of an engine that is not installed in or on a machine, the name of
the manufacturer and the model and model year of the engine
(4) in respect of a machine, the name of the manufacturer and the make, model
and type of the machine;
(5) the date on which the engine is imported;
(6) a statement that the engine will used in Canada solely for purposes of
exhibition, demonstration, evaluation or testing; and
(7) the date on which the engine will be removed from Canada or destroyed.
10.2 Engine in transit through Canada, from a place outside Canada to
another place outside Canada
Under paragraph 155(1)(b) of CEPA 1999, an engine in transit through
Canada, from a place outside Canada to another place outside Canada does not
have to meet with the requirements of the Regulations if it is accompanied by
written evidence that the engine will not be sold or used in Canada.
10.3 Engine imported exclusively for use by a visitor to Canada
Under paragraph 155(1)(c) of CEPA 1999, an engine imported exclusively
for use by a visitor to Canada or by a person passing through Canada to another
country does not have to meet with the requirements of the Regulations.
10.4 Incomplete engine
Under section 22 of the Regulations, an incomplete engine can be
imported by a company when a declaration is submitted at a customs office. The
declaration must be signed by a duly authorized representative of the company
and must contain the following:
29
(a) the information described in paragraphs 19(1) (a) to (e) of the
Regulations;
(b) a statement from the engine manufacturer that the engine will, when
completed in accordance to the instructions provided by the
manufacturer, conform to the prescribed standards; and
(c) a statement from the company that the engine will be completed in
accordance to the engine manufacturer’s instructions.
10.5 Replacement engine
Under section 13 of the Regulations, a replacement engine is “an engine
designed exclusively to replace an engine in a machine for which no current
model year engine with the physical or performance characteristics necessary for
the operation of the machine exists”.
A replacement engine shall conform to standards that may be different
from those prescribed in sections 9 to 12 of the Regulations. Figure 4 illustrates
to what standards the replacement engine must conform.
Is there a replacement engine…
-manufactured to the specifications
of a model year later than the
model year of the original engine
AND
-with the physical or performance
characteristics necessary for the
operation of the machine ?
YES
NO
Were there emission
standards applicable to
an engine manufactured
to the specifications of
the model year of the
replacement engine ?
Were there emission
standards applicable to
the original engine ?
The replacement
engine must conform
to these standards
The replacement
engine must conform
to these standards
The replacement
engine must conform
to the manufacturer’s
specifications
The replacement
engine must conform
to the manufacturer’s
specifications
YES
YES
NO
NO
Is there a replacement engine…
-manufactured to the specifications
of a model year later than the
model year of the original engine
AND
-with the physical or performance
characteristics necessary for the
operation of the machine ?
YES
NO
Were there emission
standards applicable to
an engine manufactured
to the specifications of
the model year of the
replacement engine ?
Were there emission
standards applicable to
the original engine ?
The replacement
engine must conform
to these standards
The replacement
engine must conform
to these standards
The replacement
engine must conform
to the manufacturer’s
specifications
The replacement
engine must conform
to the manufacturer’s
specifications
YES
YES
NO
NO
Figure 4: Standards applicable to a replacement engine
30
A label must be applied to a replacement engine. Under subsection 13(3)
of the Regulations, this label must
(a) set out in both official language that the engine is a replacement
engine and meets all the requirements set out for the national
emissions mark; or
(b) meet the requirements set out in paragraph 90.1003(b) (5) of the CFR.
10.6 Engine for which the Governor-in-Council has granted an exemption
A company may apply to the Governor in Council to be granted an
exemption from any standards prescribed under the Regulations. Under section
156 of CEPA 1999, an exemption from any prescribed standards will be granted
only if, in the opinion of the Governor in Council, conformity with that standard
would
(a) create substantial financial hardship for the company;
(b) impede the development of new features for safety, emission
monitoring or emission control that are equivalent or superior to those
that conform to prescribed standards; or
(c) impede with the development of new kinds of engines or engine
components.
Under subsection 156(4) of CEPA 1999, an exemption for financial
hardship may not be granted if the annual world production of engines
manufactured by the company or by the manufacturer of the engine that is the
subject of the application for exemption exceeded 10,000 engines or if the annual
total number of engines manufactured for, or imported into, the Canadian market
exceeded 1,000 engines.
Section 24 of the Regulations describes the information to be provided to
the Minister when applying for an exemption and section 25 describes the label
to be applied to an engine for which an exemption has been granted.
11. COMPLIANCE AND ENFORCEMENT
Manufacturers and importers are responsible for ensuring that their
products comply with the Regulations and are required to produce the evidence
of conformity upon request.
Environment Canada administers a comprehensive program to verify
compliance with federal emission standards. The program includes:
• authorizing and monitoring use of the national emissions mark;
• reviewing evidence of conformity;
31
• registering notices of defect affecting emission controls;
• inspection of test engines and emission-related components; and
• laboratory emission tests of sample new engines that are
representative of products offered for sale in Canada.
If an engine is found not to comply with the Regulations, the manufacturer
or importer is subject to the provisions of CEPA 1999. In this situation, the
normal course of events is to perform sufficient engineering assessment to
determine if a notice of defect should be issued.
Environment Canada’s Compliance and Enforcement Policy will be
applied when verifying compliance with the Regulations. The policy sets out the
range of possible responses to alleged violations: warnings, environmental
protection compliance orders, ticketing, ministerial orders, injunctions,
prosecution and environmental protection alternative measures (which are an
alternative to a court prosecution after the laying of charges for a CEPA 1999
violation). In addition the policy explains when Environment Canada will resort to
civil suits by the Crown for recovery. A copy of this policy is available at
www.ec.gc.ca/CEPARegistry/enforcement/CandEpolicy.pdf.
Whenever a possible violation of the Regulations is identified, enforcement
officers may carry out inspections, investigations or both. Alleged violations may
be identified by Environment Canada’s technical personnel, through information
transmitted by the Canada Customs and Revenue Agency or though complaints
received from the public. Enforcement activities may also include inspections by
enforcement officers at Canada’s international borders.
When, following an inspection or an investigation, a CEPA enforcement
officer discovers an alleged violation, the officer will choose the appropriate
enforcement action based on the following criteria:
• Nature of the alleged violation: This includes consideration of the
seriousness of the harm or potential harm to the environment, the
intent of the alleged violator, whether it is a repeat violation, and
whether an attempt has been made to conceal information or
otherwise subvert the objectives and requirements of CEPA 1999.
• Effectiveness in achieving the desired result with alleged violator:
The desired result is compliance with CEPA 1999 within the
shortest possible time and with no further repetition of the violation.
Factors to be considered include the violator’s history of
compliance, willingness to cooperate with enforcement officers, and
evidence of corrective actions already taken.
32
• Consistency in enforcement: Enforcement officers will consider how
similar situations have been handled in determining the measures
to be taken to enforce CEPA 1999.
