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

Offsetting Deficits and Use of Credits

Marginal note:Deficits

• 27 (1) Any fleet average emission deficits for engines must be offset with an equivalent number of fleet average emission credits obtained by the company or transferred to it by another company. The deficits and credits must be in respect of the same type of fleet, the same emission type and the same standard, expressed in the same units.

• Marginal note:Remaining credits

  (2) A company may bank any remaining credits to offset future deficits in accordance with subsection (1) or transfer them to another company.

• Marginal note:Period for offsetting

  (3) A company must offset any fleet average emission deficits for a fleet for a given model year

  • (a) in the case of a fleet for the 2012 model year, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year; and

  • (b) in the case of a fleet for the 2013 and subsequent model years, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year.

• Marginal note:Exception — jet boat engines

  (4) Despite subsection (1), during a given model year, a company that manufactures or imports a jet boat engine that is described in sections 660(a) and (c) of subpart G of CFR 1045 may offset any family emission deficits in respect of that jet boat engine with family emission credits, determined under subsection 26(2), in respect of a family of its fleet of outboards and personal watercraft engines that relate to the same model of engine as that jet boat engine. The credits so used cannot have been transferred to the company from another company.

• Marginal note:Cancellation of credits — CO exhaust emissions

  (5) Despite subsection (2), any fleet average emission credits in respect of CO exhaust emissions credits, other than those used under subsection (4), that are determined, in relation to a given model year, under subsection 26(1) in respect of a company’s fleet of outboards and personal watercraft engines and are reported under section 33 are cancelled upon receipt of the report.

Fleet Average Emission Values for Vehicles

Marginal note:Applicable standards — sections 20 to 22

• 28 (1) Subject to section 31 and for the purposes of paragraph 11(1)(d), the fleet average emission value in respect of each emission type for a fleet of vehicles for a given model year must not exceed the applicable standard referred to in any of sections 20 to 22, as the case may be.

• Marginal note:Emission types

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

  • (a) for a fleet of snowmobiles,

    • (i) HC exhaust emissions for the 2012 and subsequent model years,

    • (ii) CO exhaust emissions for the 2012 and subsequent model years, and

    • (iii) fuel tank permeation emissions for the 2012 and subsequent model years;

  • (b) for a fleet of off-road motorcycles,

    • (i) HC + NO_x exhaust emissions for the 2012 and subsequent model years,

    • (ii) CO exhaust emissions for the 2012 and subsequent model years, and

    • (iii) fuel tank permeation emissions for the 2012 and subsequent model years; and

  • (c) for a fleet of all-terrain vehicles or of utility vehicles, or a fleet grouping both those classes,

    • (i) HC + NO_x exhaust emissions for the 2012 and subsequent model years, and

    • (ii) fuel tank permeation emissions for the 2012 and subsequent model years.

• Marginal note:Election to not determine

  (3) A company may elect to not determine the fleet average emission value for any emission type for a given model year in respect of a fleet of vehicles if every vehicle in that fleet conforms to the family emission limit that is applicable to that emission type, which must not exceed the applicable standard, referred to in any of sections 20 to 22 as the case may be for vehicles of that model year.

• Marginal note:Deemed average value

  (4) If a company makes an election under subsection (3), the fleet average emission value for the emission type for which the election was made in respect of that fleet of vehicles for the model year in question is deemed to be equal to that applicable standard.

Marginal note:Calculation of fleet average emission values

• 29 (1) The fleet average emission value for a fleet of vehicles is determined, in respect of each emission type, in accordance with the following formula, expressed to one decimal place and in the same units as the applicable standard set out in any of sections 20 to 22, as the case may be:

  

  where

  TOT

  is the total number of emission families in the fleet;

  “i”

  is the i^th emission family in the fleet, where “i” goes from 1 to TOT;

  W_i

  is the family emission limit applicable to the emission family “i”, expressed in the same units and to the same number of decimal places as the emission standard it replaces;

  Y_i

  is, in the case of exhaust emissions, the number of vehicles in the fleet that are in the emission family “i” and, in the case of evaporative emissions, the number of vehicles in the fleet that are in the emission family “i” multiplied by the average internal surface area of the vehicles’ fuel tanks expressed in metres squared; and

  Z_i

  is determined as follows:

  • (a) for a fleet of snowmobiles,

    • (i) in the case of exhaust emissions, the useful life for the emission family “i” expressed in kilometres — as established under section 103(c) of subpart B of CFR 1051 — multiplied by the maximum power output observed during the emissions test expressed in kilowatts divided by 30 km/h, and

    • (ii) in the case of evaporative emissions, the useful life for the emission family “i” expressed in years — as established under section 103(c) of subpart B of CFR 1051 — multiplied by 365.24 days/year;

  • (b) for a fleet of off-road motorcycles,

    • (i) in the case of exhaust emissions, the useful life for the emission family “i” expressed in kilometres, as established under section 105(c) of subpart B of CFR 1051, and

    • (ii) in the case of evaporative emissions, the useful life for the emission family “i”, referred to in subparagraph (i), expressed in years multiplied by 365.24 days/year; and

  • (c) for a fleet of all-terrain vehicles or utility vehicles,

    • (i) in the case of exhaust emissions, for those vehicles that must conform to a family emission limit expressed in g/km, the useful life for the emission family “i” expressed in kilometres — as established under section 107(c) of subpart B of CFR 1051 — and for those vehicles that must conform to a family emission limit expressed in g/kW-h, Z is that useful life for the emission family “i” expressed in kilometres multiplied by the maximum power output observed during the emissions test expressed in kilowatts and divided by 30 km/h, and

    • (ii) in the case of evaporative emissions, the useful life for the emission family “i”, referred to in subparagraph (i), expressed in years multiplied by 365.24 days/year.

• Marginal note:Emission limits expressed in g/kW-h

  (2) In the case of vehicles of a fleet that must conform to a family emission limit expressed in g/kW-h set out in section 145(b) of subpart B of CFR 1051 or section 615(a) or (b) of subpart G of CFR 1051, the company must determine a separate fleet average emission value for those vehicles in respect of each emission type, as if those vehicles were a fleet.

• Marginal note:Vehicles — before the coming into force date

  (3) For the purposes of determining the fleet average emission value under subsection (1) for a fleet for the 2012 model year, the company may include all vehicles for that model year, including those whose main assembly is completed before this section comes into force.

Fleet Average Emission Credits and Deficits for Vehicles

Marginal note:Obtaining credits

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

  • (a) the fleet average emission value for the fleet for that emission type, determined under section 29, is less than the applicable standard in respect of the fleet for that emission type; and

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

• Marginal note:Result of excluding EPA certified vehicles

  (2) A company that excludes vehicles in accordance with subsection 24(4) from a fleet of vehicles 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, in respect of that fleet.

• Marginal note:Determination of fleet average emission credits

  (3) The fleet average emission credits in respect of a fleet of vehicles in relation to a given emission type for a given model year, expressed in grams, are determined in accordance with the following formula:

  

  where

  A

  is the applicable standard for the fleet in relation to the given emission type for the given model year;

  B

  is the fleet average emission value in relation to the given emission type, determined in accordance with section 29, for the given model year;

  TOT

  is the total number of emission families in the fleet;

  “i”

  is the i^th emission family in the fleet, where “i” goes from 1 to TOT;

  Y_i

  is, in the case of exhaust emissions, the number of vehicles in the fleet that are in the emission family “i” and, in the case of evaporative emissions, the number of vehicles in the fleet that are in the emission family “i” multiplied by the average internal surface area of the vehicles’ fuel tanks expressed in square metres; and

  Z_i

  is the useful life applicable to the emission family “i” as described for Z_i in the formula set out in subsection 29(1).

• Marginal note:Rounding

  (4) If the fleet average emission credits determined in accordance with subsection (3) results in a fraction, the fraction is to be expressed in decimal form and rounded to one decimal place, the digit at that first decimal place being increased by one if the digit at the second decimal place is 5 or more.

Marginal note:Deficit

• 31 (1) If a company’s fleet average emission value in respect of an emission type for a fleet of vehicles exceeds the applicable standard in respect of the fleet for that emission type, the company’s fleet average emission deficits is the negative number determined in accordance with the formula set out in subsection 30(3).

• Marginal note:Offsetting of the deficit

  (2) Any fleet average emission deficits must be offset with an equivalent number of fleet average emission credits obtained by the company or transferred to it by another company. The deficits and credits must be in respect of the same type of fleet, the same emission type and the same standard, expressed in the same units.

• Marginal note:Remaining credits

  (3) A company may bank any remaining credits to offset future deficits in accordance with subsection (2) or transfer them to another company.

• Marginal note:Period for offsetting

  (4) A company must offset any fleet average emission deficit for a fleet for a given model year

  • (a) in the case of a fleet for the 2012 model year and in relation to exhaust emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year;

  • (b) in the case of a fleet for the 2012 model year and in relation to fuel tank permeation emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year;

  • (c) in the case of a fleet for the 2013 and subsequent model years and in relation to exhaust emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year; and

  • (d) in the case of a fleet for the 2013 and subsequent model years and in relation to fuel tank permeation emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year.