Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations (SOR/2011-10)

Marginal note:High-performance inboard engines

• 15 (1) The following standards set out in subpart B of CFR 1045 apply to high-performance inboard engines for the 2013 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 105(a)(1) and (3) and 105(d); and

  • (b) the crankcase emission standard set out in section 115(a).

• Marginal note:Useful life

  (2) Those standards apply for the applicable useful life of the engines as set out in section 105(e) of subpart B of CFR 1045.

Marginal note:Engines equipped with three-way catalysts

16 An engine equipped with three-way catalysts and closed-loop control of air-fuel ratios must be equipped with a diagnostic system that conforms to the applicable standards set out in section 110 of subpart B of CFR 1045.

Marginal note:Electronically controlled engines

17 Electronically controlled engines of the 2013 and subsequent model years must be equipped with a torque broadcasting system that meets the requirements of sections 115(b) and (c) of subpart B of CFR 1045.

Marginal note:Meaning of replacement engine

• 18 (1) In this section, replacement engine means an engine manufactured exclusively to replace an engine used to propel a vessel if no current model year engine exists that has the characteristics necessary for the propulsion of the vessel.

• Marginal note:Standards for replacement engines

  (2) A replacement engine may, instead of conforming to the applicable standards set out in sections 13 to 17, conform to

  • (a) in the case that the replacement engine is manufactured to the specifications for a model year later than the model year of the original engine,

    • (i) the standards referred to in sections 13 to 17 that were applicable to an engine manufactured to the specification for the model year of the replacement engine, or

    • (ii) the manufacturer’s specifications, if no standard referred to in sections 13 to 17 applies; and

  • (b) in any other case,

    • (i) the standards referred to in sections 13 to 17 that are applicable to the original engine, or

    • (ii) the manufacturer’s specifications, if no standard referred to in sections 13 to 17 applies.

• Marginal note:Label

  (3) A replacement engine must bear a label that meets the requirements set out in

  • (a) subsections 7(3) and (4) and that indicates, in both official languages, that the engine is a replacement engine; or

  • (b) section 240(b)(5) of CFR 1068.

Vessels and Outboards

Marginal note:Vessels and outboards

19 The following standards set out in subpart B of CFR 1060 apply to vessels, and outboards, for the 2015 and subsequent model years, in which fuel lines or fuel tanks are installed:

• (a) in respect of non-metallic fuel lines, the applicable permeation emission standards set out in section 102(d)(2);

• (b) in respect of non-metallic fuel tanks, the applicable permeation emission standards set out in section 103(b);

• (b.1) in respect of metallic fuel tanks, the applicable permeation emission standards set out in section 103(f); and

• (c) the applicable diurnal standards set out in sections 101(f)(1) and (3) and 105(b).

Vehicles

Marginal note:Snowmobiles

• 20 (1) The following standards set out in subpart B of CFR 1051 apply to snowmobiles for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC and CO set out in sections 103(a) and (b);

  • (b) the applicable evaporative emission standards for fuel tanks and fuel lines set out, respectively, in sections 110(a) and (b); and

  • (c) the crankcase emission standard set out in section 115(a).

• Marginal note:Useful life

  (2) Those standards apply for the useful life of the vehicles set out in section 103(c) of subpart B of CFR 1051.

Marginal note:Off-road motorcycles

• 21 (1) The following standards set out in subpart B of CFR 1051 apply to off-road motorcycles for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 105(a)(1) and 105(b);

  • (b) the applicable evaporative emission standards for fuel tanks and fuel lines set out, respectively, in sections 110(a) and (b); and

  • (c) the crankcase emission standard set out in section 115(a).

• Marginal note:Alternative standards

  (2) Despite paragraph (1)(a), off-road motorcycles for a given model year with engines that have a total displacement of 70 cm³ or less may conform to the exhaust emission standards set out for that model year in section 615(b) of subpart G of CFR 1051.

• Marginal note:Useful life

  (3) The standards referred to in subsections (1) and (2) apply for the useful life of the vehicles set out in section 105(c) of subpart B of CFR 1051.

Marginal note:All-terrain and utility vehicles

• 22 (1) The following standards set out in subpart B of CFR 1051 apply to all-terrain vehicles and utility vehicles for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 107(a)(1) and 107(b);

  • (b) the applicable evaporative emission standards for fuel tanks and fuel lines set out, respectively, in sections 110(a) and (b); and

  • (c) the crankcase emission standard set out in section 115(a).

• Marginal note:Alternative standards — 2012 to 2014 model years

  (2) Despite paragraph (1)(a), all-terrain vehicles and utility vehicles for each of the 2012 to 2014 model years may conform to the exhaust emission standards set out for that model year in section 145(b) of subpart B of CFR 1051.

• Marginal note:Alternative standards — engine displacement of less than 100 cm³

  (3) Despite paragraph (1)(a) and subsection (2), all-terrain vehicles and utility vehicles for a given model year with engines that have a total displacement of less than 100 cm³ may conform to the exhaust emission standards set out for that model year in section 615(a) of subpart G of CFR 1051.

• Marginal note:Useful life

  (4) The standards referred to in subsections (1) to (3) apply for the useful life of the vehicles set out in section 107(c) of subpart B of CFR 1051.

Interpretation of Standards

Marginal note:Test procedures, fuels and calculation methods

• 23 (1) For greater certainty, the standards in these Regulations that refer to the CFR include the test procedures, fuels and calculation methods referred to in CFR 1045, CFR 1051 or CFR 1060.

• Marginal note:Phasing in of standards

  (2) In the case of a standard that is set out in the CFR to be phased in over a period for a class of vehicle or engine or for fuel lines or fuel tanks installed in a vessel or outboard, the standard comes into effect for the purposes of these Regulations in the model year for which the CFR specifies that the standard applies to 100% of that class or of those fuel lines or fuel tanks, and continues to apply until another standard comes into effect that so applies.

Fleet Averaging

General

Marginal note:Meaning of fleet

• 24 (1) In sections 25 to 33 and 36, fleet refers to the engines and vehicles — grouped in accordance with this section — that a company manufactures in Canada, or imports into Canada, for the purpose of sale in Canada to a first retail purchaser.

• Marginal note:Groupings of engines and vehicles into fleets

  (2) A company that opts to conform under paragraph 11(1)(d), must group its engines and vehicles referred to in subsection (1) into one or more of the following fleets, with each fleet consisting of all of its:

  • (a) outboards and personal watercraft engines;

  • (b) conventional inboard engines;

  • (c) snowmobiles;

  • (d) off-road motorcycles;

  • (e) utility vehicles; or

  • (f) all-terrain vehicles.

• Marginal note:Grouping of utility vehicles and all-terrain vehicles

  (3) Despite subsection (2), a company may group utility vehicles and all-terrain vehicles into a single fleet.

• Marginal note:Voluntary exclusion

  (4) Despite subsection (2), for the purposes of sections 25 to 31, a company may exclude from any of its fleets the engines and vehicles that are covered by an EPA certificate and sold concurrently in Canada and the United States, if the number of those engines and vehicles sold in the United States during a given period exceeds the number of those engines and vehicles sold in Canada during that period. The consequences of that exclusion are set out in subsections 25(3) and 30(2).

Fleet Average Emission Credits and Deficits for Engines

Marginal note:Obtaining credits

• 25 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company obtains emission credits in relation to a given emission type in respect of a fleet of engines referred to in subparagraph 11(1)(d)(i) for a given model year when

  • (a) the determination under subsection 26(1) of the fleet average emission credits or deficits for the fleet is a positive number, which indicates that overall the emissions in respect of the fleet for that emission type are less than the emissions allowed under the applicable standards for the engines of that fleet for that emission type; and

  • (b) the company reports those credits in its end of model year report under section 33.

• Marginal note:Emission types

  (2) The emission types referred to in subsection (1) are as follows:

  • (a) HC + NO_x exhaust emissions for the 2012 and subsequent model years; and

  • (b) CO exhaust emissions for the 2012 and subsequent model years.

• Marginal note:Result of excluding EPA certified engines

  (3) A company that excludes engines in accordance with subsection 24(4) from a fleet of engines for a given model year

  • (a) is ineligible to obtain fleet average emission credits in respect of that fleet; and

  • (b) forfeits all fleet average emission credits, obtained in respect of previous model years, for that fleet.

• Marginal note:Election to not determine

  (4) A company may elect to not determine the fleet average emission credits or deficits for any emission type for a given model year in respect of a fleet of engines if every engine in that fleet conforms to the family emission limit that is applicable to that emission type, which must not exceed the applicable standards for engines of that model year referred to in section 13 or 14, as the case may be.

• Marginal note:Deemed fleet average emission credit

  (5) If a company makes an election under subsection (4), the determination under subsection 26(1) for the emission type for which the election was made in respect of that fleet of engines for the model year in question is deemed to be equal to zero.

Marginal note:Fleet average emission credits or deficits

• 26 (1) The fleet average emission credits or deficits, in respect of each emission type and for each fleet of engines, is the sum of the family emission credits or deficits for each emission family of that fleet determined in accordance with subsection (2). The sum is to be rounded to the nearest whole number of kilograms, and if the sum is equidistant between two whole numbers of kilograms, the sum is the higher of them.

• Marginal note:Family emission credits or deficits

  (2) The family emission credits or deficits in respect of each emission type and for each emission family of a fleet of engines for a given model year is determined in accordance with the following formula:

  (S-L) × N × P × U × 0.207 × 10^–3

  where

  S

  is the applicable exhaust emission standard, expressed in g/kW-hr, for that emission type;

  L

  is the family emission limit for that emission family, expressed in g/kW-hr, for that emission type;

  N

  is the number of engines in that family;

  P

  is the maximum engine power for that emission family, expressed in kilowatts, determined in accordance with section 140 of subpart B of CFR 1045; and

  U

  is the useful life for engines of that emission family, as established under subsection 13(2) or 14(2) or (3), as the case may be, expressed in hours.

• Marginal note:Engines manufactured before coming into force

  (3) For the purposes of determining the family emission credits or deficits in respect of each emission type and for each emission family of a fleet of engines for the 2012 model year, the company may include all engines of that model year, including those manufactured before this section comes into force.