Off-Road Small Spark-Ignition Engine Emission Regulations (SOR/2003-355)

17.3 A company may apply the national emissions mark to an engine that is manufactured before January 1, 2005, if

• (a) the engine conforms to the standards set out in these Regulations for engines of the 2005 model year; and

• (b) the company meets the requirements of these Regulations in respect of that engine.

• 17.4 (1) Subject to subsection (6), an engine of the 2019 and later model years with a complete fuel system — other than an engine and its complete fuel system that are covered by EPA certificates or an engine set out in section 13 — shall bear a label that sets out

  • (a) the statement “THIS ENGINE AND THE COMPLETE FUEL SYSTEM CONFORM TO ALL APPLICABLE CANADIAN STANDARDS PRESCRIBED BY THE OFF-ROAD SMALL SPARK-IGNITION ENGINE EMISSION REGULATIONS IN EFFECT FOR MODEL YEAR [MODEL YEAR] / CE MOTEUR ET LE SYSTÈME COMPLET D’ALIMENTATION EN CARBURANT SONT CONFORMES À TOUTES LES NORMES CANADIENNES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LES ÉMISSIONS DES PETITS MOTEURS HORS ROUTE À ALLUMAGE COMMANDÉ EN VIGUEUR POUR L’ANNÉE DE MODÈLE [ANNÉE DE MODÈLE]”;

  • (b) the month and year of manufacture of the engine, unless this information is permanently identified elsewhere on the engine;

  • (c) the useful life of the engine;

  • (d) an identification of the emission control system, as specified in paragraph 45(f) of subpart A of CFR 1068;

  • (e) the name and trademark of the engine manufacturer or, if provided in the evidence of conformity, the name and trademark of a business entity with which the manufacturer has a contractual agreement;

  • (f) the applicable emission family in respect of exhaust emissions;

  • (g) the total engine displacement, unless all the engines in the emission family have the same total displacement and per-cylinder displacement;

  • (h) the name of the company that installed the complete fuel system; and

  • (i) the applicable emission family or families in respect of evaporative emissions.

• (2) The information required under paragraph (1)(d) may be omitted from the label if there is insufficient space for it and if it is in the emissions-related maintenance instructions instead.

• (3) An engine — other than an engine referred to in subsection (1), an engine covered by an EPA certificate or an engine set out in section 13 — shall bear a label that sets out

  • (a) the statement “THIS ENGINE CONFORMS TO ALL APPLICABLE CANADIAN STANDARDS PRESCRIBED BY THE OFF-ROAD SMALL SPARK-IGNITION ENGINE EMISSION REGULATIONS IN EFFECT FOR MODEL YEAR [MODEL YEAR] / CE MOTEUR EST CONFORME À TOUTES LES NORMES CANADIENNES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LES ÉMISSIONS DES PETITS MOTEURS HORS ROUTE À ALLUMAGE COMMANDÉ EN VIGUEUR POUR L’ANNÉE DE MODÈLE [ANNÉE DE MODÈLE]”; and

  • (b) the information set out in paragraphs (1)(b) to (g).

• (4) Subject to subsection (6), an engine that bears the label set out in subsection (3) or referred to in paragraph 16(d) and becomes subject to the evaporative emission standards by the addition of a complete fuel system in Canada, shall bear a label

  • (a) placed immediately next to the label set out in subsection (3) or referred to in paragraph 16(d) that contains the information set out in paragraphs (1)(a), (h) and (i); or

  • (b) that contains the information set out in subsection (1).

• (5) Paragraphs (1)(a) and (h) and (3)(a) do not apply when a national emissions mark is affixed to the engine or the machine in which that engine is installed.

• (6) In the case of an engine with a complete fuel system referred to in subsection (1) or (4) that is installed in a machine, a label that is referred to in those subsections and that meets the requirements of subsection 17.2(4) may be affixed on that machine instead of on the engine.

Unique Identification Number

17.5 A unique identification number shall be legible and affixed to every engine by being engraved on, stamped on or molded into the engine or displayed on a label that meets the requirements of subsection 17.2(4).

Maintenance, Retention and Submission of Records

• 18 (1) A company shall maintain a record in writing, or in a readily readable electronic or optical form, of the following information and retain the record for the following periods:

  • (a) a copy of any declaration set out in section 19, for a period of eight years after the year of the importation;

  • (b) the evidence of conformity set out in sections 16 or 17, as the case may be, for a period of eight years after the date of manufacture of the engine;

  • (c) for a company that imported less than 50 engines during a given calendar year, the number of engines imported, for a period of eight years after the calendar year in question; and

  • (d) if applicable, a copy of the declaration set out in section 20, and information demonstrating that the company has disposed of the engine in accordance with that declaration, for a period of eight years after the day of the disposal.

• (2) If the record is retained by another person on a company’s behalf, the company shall keep a record of that other person’s name, telephone number and civic address and, if different, their mailing address.

• (3) If the Minister makes a written request for a record referred to in subsection (1) or (2), the company shall submit it to the Minister in either official language

  • (a) within 40 days after the day on which the request is made to the company; or

  • (b) within 60 days after the day on which the request is made to the company, if the record is to be translated from a language other than French or English.

Information Regarding Suspension or Revocation of EPA Certificate

18.1 If an EPA certificate referred to in section 12.2 is suspended or revoked, the company shall submit the following information to the Minister within 60 days after the day on which the certificate is suspended or revoked:

• (a) its name, address and telephone number;

• (b) a copy of the EPA certificate that was suspended or revoked;

• (c) a copy of the EPA decision to suspend or revoke the certificate;

• (d) in the case of a suspended or revoked EPA certificate covering engines,

  • (i) for each engine, the make, model and model year, and

  • (ii) for each engine installed in a machine, the make, model and type of machine; and

• (e) in the case of a suspended or revoked EPA certificate covering fuel lines, fuel tanks, or complete fuel systems, installed in machines, the make, model and type of each machine.

• 19 (1) Any company that imports 50 or more engines into Canada in a calendar year shall submit a declaration to the Minister, signed by the company’s duly authorized representative, that contains the following information:

  • (a) the importer’s name, telephone number and civic address and, if different, their mailing address and, if any, email address;

  • (b) the business number assigned to the company by the Minister of National Revenue;

  • (c) for every engine,

    • (i) the name of the manufacturer, the number of engines imported, the make, the model and model year of the engine and all applicable emission families, and

    • (ii) one of the following:

      • (A) a statement that each of the engines bears the national emissions mark, or

      • (B) a statement that the company is able to produce the evidence of conformity in accordance with section 16 or has produced it in accordance with section 17; and

  • (d) for every engine that is installed in a machine, the number of machines imported, the name of the manufacturer of the machine and its make, model and type.

• (2) The declaration shall be submitted to the Minister on or before February 1 of the calendar year following the calendar year during which the importation occurred.

20 The declaration referred to in paragraph 155(1)(a) of the Act shall be submitted to the Minister before the importation, signed by the person referred to in that paragraph or their duly authorized representative and shall contain

• (a) the following information:

  • (i) the importer’s name, telephone number and civic address and, if different, their mailing address and, if any, email address,

  • (ii) if applicable, the business number assigned to the company by the Minister of National Revenue,

  • (iii) in the case of an engine, the name of the manufacturer, the make, the model, model year and unique identification number of the engine, and

  • (iv) in the case of an engine that is installed in a machine, the name of the manufacturer of the machine and its make, model and type;

• (b) a statement that the engine will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing; and

• (c) the date on which the engine will be imported and the date by which the engine will be removed from Canada or destroyed.

21 Any engine that is imported into Canada by a person that is not a company shall be labelled with

• (a) the national emissions mark;

• (b) the U.S. emission control information label referred to in paragraph 16(d) showing that the engine conformed to the emission standards of the EPA in effect at the time of its manufacture;

• (c) a label showing that the engine conformed to the emission standards of the California Air Resources Board in effect at the time of its manufacture; or

• (d) the label referred to in subsection 17.4(1) or (3).

22 A company that imports an engine into Canada in reliance on subsection 153(2) of the Act shall, before the importation, submit a declaration to the Minister, signed by its duly authorized representative, that contains the information described in paragraphs 19(1)(a) and (b) and

• (a) the name of the manufacturer, the number of engines that will be imported in a calendar year, the make, the model and model year of the engine and any applicable emission family;

• (b) for an engine that is installed in a machine, the number of machines that will be imported in a calendar year, the name of the manufacturer of the machine and its make, model and type;

• (c) a statement from the manufacturer of the engine that the engine will, when completed in accordance with instructions provided by the manufacturer, conform to the standards prescribed under these Regulations; and

• (d) a statement from the company that the engine will be completed in accordance with the instructions referred to in paragraph (c).

Rental Rate

23 The annual rental rate to be paid to a company by the Minister under subsection 159(1) of the Act, prorated on a daily basis for each day that an engine is made available, is 21% of the manufacturer’s suggested retail price of the engine.

Exemption

24 A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall, before the importation or manufacture of an engine, submit in writing to the Minister

• (a) its name and street address and, if different, mailing address;

• (b) the province or country under the laws of which it is established;

• (c) the section number, title and text of the standards from which an exemption is sought;

• (d) the duration requested for the exemption;

• (e) the estimated number of engines for which the exemption is sought and an estimate of the changes in the level of emissions if the exemption is granted;

• (f) the reason for requesting the exemption, including technical and financial information that demonstrates in detail why conformity to the standards referred to in paragraph (c) would

  • (i) create substantial financial hardship for the company,

  • (ii) impede the development of new features for emission monitoring or emission control that are equivalent or superior to those that conform to prescribed standards, or

  • (iii) impede the development of new kinds of engines or engine systems or components;

• (g) if the basis of the application is substantial financial hardship,

  • (i) the world production of engines manufactured by the company or by the manufacturer that is the subject of the application in the 12-month period beginning two years before the start of the exemption period being sought, and

  • (ii) the total number of engines manufactured for, or imported into, the Canadian market in the 12-month period beginning two years before the start of the exemption period being sought; and

• (h) if the company is requesting that information submitted be treated as confidential under section 313 of the Act or otherwise, the reasons for the request.

• (i) [Repealed, SOR/2012-99, s. 6]