Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

Marginal note:Conforming to EPA certificate

• 13 (1) Subject to subsections (4), (7.1) and (8), a heavy-duty vehicle, heavy-duty engine or trailer of a given model year that is covered by an EPA certificate and bears the U.S. emission control information label or U.S. engine information label referred to in paragraph 53(d) must conform to the certification and in-use standards referred to in the EPA certificate instead of to the following standards, whichever apply:

  • (a) sections 14 to 16 and subsection 20(1) for Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles;

  • (b) sections 14 to 16 and, as the case may be, subsection 26(1), (1.1), (1.2) or (1.3) for vocational vehicles and incomplete vocational vehicles;

  • (c) sections 14 to 16 and, as the case may be, subsection 27(1) or paragraph 27(1.1)(a) for tractors and incomplete tractors;

  • (d) sections 14 and 15 and subsection 29(1) and, as the case may be, section 30 or subsection 31(1), (2) or (5) for heavy-duty engines; and

  • (e) section 15 and, as the case may be, subsection 16.1(1) or 33.1(1) or (2) for trailers.

• Marginal note:Exceeding N₂O or CH₄ emission standard — vehicles

  (2) Subsections 20(3) to (6) apply in respect of a company’s Class 2B or Class 3 heavy-duty vehicles or cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — that are covered by an EPA certificate and, as the case may be, conform to a N₂O or CH₄ family emission limit that exceeds the N₂O or CH₄ emission standard applicable to their model year under these Regulations.

• Marginal note:Comply with CO₂ emission credit system

  (3) Despite subsection (1), when a company participates in the CO₂ emission credit system set out in sections 34 to 47 for its heavy-duty vehicles or heavy-duty engines that are covered by an EPA certificate, it must comply with the CO₂ emission credit system provisions that relate to the emission standards referred to in subsection (1).

• Marginal note:Fleets — vehicles

  (4) A company that manufactures or imports a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor that is covered by an EPA certificate and conforms to a CO₂ family emission limit that exceeds the CO₂ emission standard applicable to the model year of that vehicle under these Regulations, must participate in the CO₂ emission credit system set out in sections 34 to 47 and must, in accordance with section 18, group into fleets

  • (a) at least 50% of its vocational vehicles and incomplete vocational vehicles and at least 50% of its tractors and incomplete tractors of the 2015 model year if the number of heavy-duty vehicles it sold in Canada is greater than 500;

  • (b) at least 75% of its vocational vehicles and incomplete vocational vehicles and at least 75% of its tractors and incomplete tractors of the 2016 model year if the number of heavy-duty vehicles it sold in Canada is greater than 500; and

  • (c) all its 2017 and subsequent model year heavy-duty vehicles.

• Marginal note:Credits — heavy-duty vehicles of 2015 and 2016 model years

  (5) Unless a company elects to group all its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors into fleets, credits obtained under paragraph (4)(a) or (b), as the case may be, for an averaging set of heavy-duty vehicles of the 2015 or 2016 model year may only be used to offset a deficit incurred for that averaging set of the same model year, after which the credits are no longer valid.

• Marginal note:If all vehicles grouped into fleets

  (6) For the purposes of subsection (4),

  • (a) credits obtained for the 2014 model year may be used to offset a deficit for an averaging set of the 2015 model year if the company groups into fleets all its vehicles of the 2014 and 2015 model years;

  • (b) credits obtained for the 2014 and 2015 model years may be used to offset a deficit for an averaging set of the 2016 model year if the company groups into fleets all its vehicles of the 2014, 2015 and 2016 model years; and

  • (c) credits obtained for the 2014, 2015 and 2016 model years may be used to offset a deficit for an averaging set of the 2017 or subsequent model year if the company groups into fleets all its vehicles of the 2014, 2015 and 2016 model years.

• Marginal note:Early action credits

  (7) For the purposes of subsection (4), for an averaging set of the 2014, 2015 or 2016 model year, a company may use early action credits obtained in accordance with section 47 if the company groups into fleets all its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors of the averaging set for the model year in which the early action credits are used.

• Marginal note:Exceeding N₂O or CH₄ emission standard — engines

  (7.1) Subsections 29(4) to (7) apply in respect of a company’s heavy-duty engines that are covered by an EPA certificate if

  • (a) the engines conform to a N₂O or CH₄ family emission limit that exceeds the N₂O or CH₄ emission standard applicable to engines of their model year under these Regulations; and

  • (b) the number of engines referred to in paragraph (a) that are sold in Canada by the company

    • (i) is greater than 100 but less than or equal to 1000 and is more than twice the number of engines sold in the United States that are of the same engine family, or

    • (ii) is greater than 1000 and exceeds the number of engines sold in the United States that are of the same engine family.

• Marginal note:Fleets — engines

  (8) A company that manufactures or imports an engine that is covered by an EPA certificate must group all its engines into fleets in accordance with section 18 and must participate in the CO₂ emission credit system set out in sections 34 to 47 if the following conditions are met:

  • (a) the engine conforms to a CO₂ family certification level that exceeds the CO₂ emission standard applicable to that engine’s model year under these Regulations; and

  • (b) the number of engines referred to in paragraph (a) sold in Canada by the company

    • (i) is greater than 100 but less than or equal to 1000 and is more than twice the number of engines sold in the United States that are of the same engine family, or

    • (ii) is greater than 1000 and exceeds the number of engines sold in the United States that are of the same engine family.

• Marginal note:Comply with CO₂ emission credit system

  (8.1) Despite subsection (1), if a company participates in the CO₂ emission credit system set out in sections 47.1 to 47.5 for its full-aero box van trailers that are covered by an EPA certificate, it must comply with the CO₂ emission credit system provisions that relate to the emission standards referred to in subsection (1).

• Marginal note:Fleets — trailers

  (8.2) A company that manufactures or imports a full-aero box van trailer of the 2027 model year or a subsequent model year that is covered by an EPA certificate and conforms to a CO₂ family emission limit that exceeds the CO₂ emission standard applicable to the model year of that trailer under these Regulations must group all of its full-aero box van trailers of that model year into fleets or subfleets, as the case may be, in accordance with section 18 and participate in the CO₂ emission credit system set out in sections 47.1 to 47.5.

• Marginal note:Subsection 153(3) of Act

  (9) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable under an EPA certificate to a vehicle, engine or trailer referred to in subsection (1) correspond to the standards referred to in paragraphs (1)(a) to (e).

• Marginal note:EPA

  (10) For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.