On-Road Vehicle and Engine Emission Regulations (SOR/2003-2)

Subfleet Averaging Requirements for Motorcycles

General

32.1 The following definitions apply in this section and sections 32.2 to 32.7 and 37.1.

engine family

engine family[Repealed, SOR/2015-186, s. 39]

family emission limit

family emission limit[Repealed, SOR/2015-186, s. 39]

fuel tank permeation emissions

fuel tank permeation emissions means evaporative emissions resulting from permeation of fuel through the fuel tank materials. (émissions par perméation du réservoir de carburant)

subfleet

subfleet means motorcycles of a specific model year that have a family emission limit and that a company manufactures in Canada, or imports into Canada, for the purpose of sale to the first retail purchaser. Each of the following groupings of motorcycles constitutes a subfleet for the purpose of emissions averaging:

• (a) in respect of the applicable HC+NO_x emission standard for all Class I and Class II motorcycles;

• (b) in respect of the applicable HC+NO_x emission standard for all Class III motorcycles;

• (c) in respect of the fuel tank permeation emission standard for all motorcycles with a non-metal fuel tank. (sous-parc)

• 32.2 (1) Subject to subsection (2), any motorcycle that does not conform to the applicable HC+NO_x emission standard or fuel tank permeation emission standard set out in the section of the CFR that is referred to in paragraph 17(a) shall conform, as the case may be, to:

  • (a) the applicable family emission limit for HC+NO_x emissions; or

  • (b) the family emission limit for fuel tank permeation emissions.

• (2) In any model year, the HC + NO_X family emission limit applicable to an engine family shall not exceed the applicable family emission limit cap set out in section 449 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR.

• (3) In any model year, a company’s subfleet may include motorcycles that conform to a family emission limit that is greater than the applicable HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out in that section if

  • (a) each motorcycle of a subfleet is covered by an EPA certificate, each motorcycle conforms to the family emission limit referred to in the EPA certificate and belongs to an engine family of which the total number of units sold in Canada does not exceed the total number of units sold in the United States; or

  • (b) in respect of a subfleet that contains motorcycles that do not meet all of the criteria set out in paragraph (a), the average HC+NO_x value or the average fuel tank permeation value, as the case may be, does not exceed the applicable HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out in that section, in respect of

    • (i) the subfleet, or

    • (ii) the group of motorcycles within the subfleet that do not meet all of the criteria set out in paragraph (a).

Calculation of Subfleet Average Emission Values

• 32.3 (1) If a company’s subfleet includes one or more motorcycles that conform to a family emission limit that is greater than the applicable HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2), the company shall calculate the average HC+NO_x value for the subfleet using the following formula:

  [Σ (A x B x C)] / [Σ (B x C)]

  where

  A

  is the applicable family emission limit, expressed to the same number of decimal places as the emission standard it replaced;

  B

  is the useful life of the engine family expressed in years or kilometres; and

  C

  is the number of motorcycles in the engine family.

• (2) If a company’s subfleet includes one or more motorcycles that conform to a family emission limit that is greater than the fuel tank permeation emission standard set out in the section of the CFR that is referred to in paragraph 17(a), the company shall calculate the average fuel tank permeation value for its subfleet in accordance with the following formula:

  [Σ (A x B x C x 365.24)] / [Σ (B x C x 365.24)]

  where

  A

  is the applicable family emission limit, expressed to the same number of decimal places as the emission standard it replaced;

  B

  is the useful life of the engine family expressed in years; and

  C

  is the number of motorcycles in the engine family multiplied by the average internal surface area of the motorcycles’ fuel tanks, where the average internal surface area is expressed in m² to at least three decimal places.

• (3) The average HC+NO_x value and average fuel tank permeation value for a subfleet shall be expressed in g/km and g/m²/d, respectively, and be rounded to one decimal place.

• (4) When calculating the average HC+NO_x value for a subfleet of the 2006 model year, a company may include all of its motorcycles of that model year, including those whose main assembly was completed before November 2, 2006.

Emission Credits for Class III Motorcycles

• 32.4 (1) A company shall obtain HC+NO_x emission credits in relation to a specific model year if

  • (a) the average HC+NO_x value in respect of a subfleet of Class III motorcycles of that model year is lower than the applicable HC+NO_x emission standard for that class and model year; and

  • (b) the company reports the credits in its end of model year report.

• (2) The HC+NO_x emission credits, expressed in units of vehicle-grams, shall be calculated using the following formula, rounded to the nearest whole number:

  (A - B) x C x D

  where

  A

  is the applicable HC+NO_x emission standard for the subfleet;

  B

  is the average HC+NO_x value for the subfleet;

  C

  is the total number of motorcycles in the subfleet; and

  D

  is the useful life expressed in kilometres.

• (3) The HC+NO_x emission credits for a specific model year are credited on the last day of that model year and may only be used by a company to offset an HC+NO_x emission deficit that it incurred in the same model year as calculated in section 32.5.

Emission Deficits for Class I and Class II Motorcycles

• 32.5 (1) If a company’s average HC+NO_x value in respect of a subfleet of Class I and Class II motorcycles of a model year is higher than the applicable HC+NO_x emission standard, the company shall calculate the value of the emission deficit it incurred in that model year.

• (2) The HC+NO_x emission deficit for a subfleet of Class I and Class II motorcycles of a model year is the sum of the credits or deficits that would be generated for each class of motorcycle within the subfleet calculated using the formula set out in subsection 32.4(2), with any necessary modifications.

• 32.6 (1) A company shall offset an HC+NO_x emission deficit in the model year in which the deficit was incurred, no later than the day on which the company submits its end of model year report.

• (2) A company shall offset an HC+NO_x emission deficit with an equivalent number of HC+NO_x emission credits obtained in the same model year in accordance with section 32.4.

End of Model Year Reports

• 32.7 (1) A company shall submit to the Minister an end of model year report, signed by a person who is authorized to act on behalf of the company, no later than May 1 after the end of each model year.

• (2) A company shall include the following in its end of model year report:

  • (a) a statement that each Class I, II or III motorcycle, as the case may be, imported or manufactured in Canada, for sale in Canada, conforms to the applicable standards referred to in paragraph 17(a) or section 17.1, 19, 19.1 or 32.2;

  • (b) in respect of each subfleet, a statement that

    • (i) each motorcycle in the subfleet meets all of the criteria set out in paragraph 32.2(3)(a), or

    • (ii) the subfleet contains motorcycles that do not meet all of the criteria set out in paragraph 32.2(3)(a) but the subfleet or the group of motorcycles referred to in subparagraph 32.2(3)(b)(ii) conforms to the emissions averaging requirements set out in paragraph 32.2(3)(b); and

  • (c) for each class, the total number of motorcycles and their model.

• (3) In a model year during which any of the company’s subfleets includes one or more motorcycles that conform to a family emission limit that is greater than the applicable HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out that section, the end of model year report shall contain the following information in respect of each subfleet:

  • (a) the applicable HC+NO_x emission standard and the fuel tank permeation emission standard;

  • (b) the average HC+NO_x value and the average fuel tank permeation value;

  • (c) for each model of motorcycle, the values used in calculating the average HC+NO_x value and the average fuel tank permeation value;

  • (d) the total number of motorcycles in the subfleet;

  • (e) the HC+NO_x emission credits, if any, in that model year; and

  • (f) the HC+NO_x emission deficits, if any, in that model year.

• (4) If the company’s end of model year report contains the statement referred to in subparagraph (2)(b)(ii) in respect of a group of motorcycles, the report shall also contain the information required under paragraphs (3)(a) to (d), with any necessary modifications, with respect to the group of motorcycles described in subparagraph 32.2(3)(b)(ii).

• (5) A company that avails itself of an exemption referred to in section 17.1 shall include in its end of model year report

  • (a) the number and class of motorcycles that it manufactured or imported under each exemption;

  • (b) the total number of motorcycles that it manufactured or imported for sale in Canada during the model year; and

  • (c) the number of employees of the company worldwide.

Format of Reports

32.8 Any report that is required under these Regulations shall be submitted electronically in the format provided by the Minister, but the report shall be submitted in writing if

• (a) no format has been provided; or

• (b) it is, owing to circumstances beyond the control of the person required to submit the report, impracticable to submit the report electronically in the format provided.

Emission-related Maintenance Instructions

• 33 (1) Every company shall ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every vehicle and that the instructions are consistent with the maintenance instructions set out for

  • (a) light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles in section 1808 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the applicable model year;

  • (b) motorcycles in section 411 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR for the applicable model year;

  • (c) heavy-duty vehicles other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles in section 38 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year; and

  • (d) tractors that are equipped with an auxiliary power unit, in respect of the unit, in section 125 of Title 40, chapter I, subchapter U, part 1039, subpart B, of the CFR.

• (2) The instructions referred to in this section shall be provided in English, French or both official languages, as requested by the purchaser.