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Off-road Small Spark-ignition Engine Emission Regulations

(Discussion Draft / Subject to legal review)

INTERPRETATION

1. (1) The following definitions apply in these Regulations.

"Act" means the Canadian Environmental Protection Act, 1999. (Loi)

"Adjustable parameter" means any device, system, or element of design which is physically capable of being adjusted (including those who are difficult to access) and which, if adjusted, may affect emissions or engine performance during emission testing or normal in-use operation. (paramètre ajustable)

"Authorized official" means

  1. in respect of a corporation, an officer of the corporation who is authorized to act on its behalf;
  2. in respect with any other person, that person or a person authorized to act on behalf of that person; and
  3. in respect of any other entity, a person authorized to act on its behalf (agent autorisé)

"Auxiliary emission control device (AECD)" means any element of design which senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system. (système antipollution auxiliaire)

"CFR" means Title 40, chapter I, subchapter C, part 90, of the Code of Federal Regulations of the United States of America as amended from time to time. (CFR)

"Element of design" means

  1. any control system including computer software, electronic control, emission control system and computer logic;
  2. any control system calibrations;
  3. the results of systems interaction; or
  4. any hardware items on an engine.(élément de conception)

"Emission control system" means a unique group of emission control devices, auxiliary emission control devices, engine modifications and strategies, and other elements of design used to control exhaust emissions from an engine. (système antipollution)

"EPA" means the United States Environmental Protection Agency. (EPA)

"Exhaust emissions" means matter emitted to the atmosphere from any opening downstream from the engine exhaust port of an engine. (émissions de gaz d'échappement)

"Machine" means any vehicle, device, appliance, or implement powered by an off-road small spark-ignition engine. (machine)

"Model year" means the year that is used by a manufacturer to designate a model of a small spark-ignition engine. (année de modèle)

"Off-road engine" means any internal combustion engine used or designed to be used

  1. in a machine that is self-propelled or serves a dual purpose by both propelling itself and performing another function;
  2. in a machine that is intended to be propelled while performing its function; or
  3. by itself or in or on a machine designed to be and capable of being carried or moved from one location to another where indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. (moteur hors-route)

"Small spark-ignition engine" means an off-road engine that operates under characteristics significantly similar to the theoretical Otto combustion cycle and uses a spark plug or other sparking device but does not mean an engine that;

  1. develops more than 19 kW of power measured at the crankshaft or its equivalent when the engine is equipped only with standard accessories (such as oil pumps or coolant pumps) necessary for its operation on the test bed used to measure engine power under testing conditions;
  2. is designed with features that are not easily removed and that would render its use other than in competition, unsafe, impractical or highly unlikely;
  3. is regulated by the On-Road Vehicle and Engine Emission Regulations;
  4. is designed to be used in underground mines;
  5. is designed to be used to power snowmobiles, all-terrain vehicles or restricted-use motorcycles, as these vehicles are defined in section 2(1) of the Motor Vehicle Safety Regulations;
  6. is a hobby engine designed to be used in reduced-scale models of vehicles that are not capable of transporting a person;
  7. is used exclusively in emergency and rescue machines where no engines that comply with these Regulations are available to power the machines safely and practically;
  8. is designed to be used in machines that exhibit substantial features ordinarily associated with military combat or combat support; or
  9. is designed to replace an engine in a machine that was originally produced prior to the coming into force of these Regulations.

(2) Standards that are incorporated by reference from the CFR are those expressly set out in the CFR and shall be read as not including

  1. references to the EPA or the Administrator of the EPA exercising discretion in any way;
  2. alternative standards related to averaging, banking and trading, small volume manufacturers, or financial hardship; or
  3. standards or evidence of conformity of any jurisdiction or authority other than the EPA.

(3) For the purposes of these Regulations, any reference in the CFR to

  1. "nonroad vehicle " shall be construed to mean "machine"; and
  2. "nonroad" shall be construed to mean "off-road".

PURPOSE

2. The purposes of these Regulations are to

  1. reduce emissions of hydrocarbons plus oxides of nitrogen and carbon monoxide from off-road small spark-ignition engines by establishing emission limits for those substances;
  2. reduce emissions of the toxic substances formaldehyde, 1-3 butadiene, acetaldehyde, acrolein and benzene through the establishment of emission limits for hydrocarbons; and
  3. establish emission standards and test procedures for off-road small spark-ignition engines that are aligned with those of the U.S. EPA.

MODEL YEAR

3. A year that is used by a small spark-ignition engine manufacturer as a model year shall correspond to the annual new model production period which includes January 1 of the calendar year, ends no later than December 31 of the calendar year and does not begin earlier than January 2 of the previous year. Where an engine manufacturer has no annual new model production period, model year means calendar year.

PRESCRIBED ENGINES

4. In these Regulations, a small spark ignition engine is prescribed for the purposes of the definition of "engine" in section 149 of the Act.

NATIONAL EMISSIONS MARK

5. (1) The national emissions mark is the mark set out in Schedule 1.

(2) The national emissions mark shall be at least 6 mm in height and shall show the authorization number, in figures at least 2 mm in height, assigned by the Minister.

(3) The national emissions mark shall be located immediately beside or as a part of the engine information label referred to in section 15(b).

(4) In the case of a machine, the national emissions mark shall be located in a visible, readily accessible location on the small spark-ignition engine or the machine.

(5) The national emissions mark shall be

  1. permanently affixed;
  2. resistant to or protected against any weather condition to which the label may be exposed; and
  3. legible, indelible and shall bear inscriptions that are indented, embossed or in a colour that contrasts with the background of the label.

APPLICATION FOR AUTHORIZATION TO APPLY THE NATIONAL EMISSIONS MARK

6. (1) Any company that intends to apply a national emissions mark to a small spark-ignition engine or machine shall apply to the Minister to obtain an authorization in the form set out in schedule 2.

(2) The application to apply the national emissions mark shall include

  1. the name, the address of the head office of the company, and if different, the mailing address;
  2. a statement that the company is seeking to obtain the authorization to apply the national emissions mark in accordance with the Off-Road Small Spark-Ignition Engine Emission Regulations;
  3. the address of the location where the records referred to in section 17 are maintained; and
  4. information to show that the company is capable of verifying compliance with these Regulations.

EMISSION CONTROL SYSTEMS

General Requirements

7. (1) An emission control system installed on a small spark-ignition engine to enable it to conform to the standards in these Regulations shall not

  1. release, in its operation or function, a substance that causes air pollution and that would not have been released if the system were not installed; or
  2. in its operation or function, cause or contribute to an unreasonable risk to public health, welfare or safety.

(2) A small spark-ignition engine shall not be equipped with a defeat device.

(3) Subject to subsection (4), a defeat device is an auxiliary emission control device that senses operation outside normal emission test conditions and reduces emission control effectiveness.

(4) An auxiliary emission control device is not a defeat device if

  1. the conditions referred to in subsection (3) are substantially included in the emission test procedures referred to in section 9;
  2. it is needed to protect the small spark-ignition engine or the machine against damage or accident; or
  3. its use does not go beyond the requirement of engine starting.

ENGINE STANDARDS

8. Subject to section 11, a small spark-ignition engine shall conform to the exhaust emission standards applicable to engines of that model year that are set out in subpart B, sections 103, 104 and 105, of the CFR.

9. (1) A small spark-ignition engine crankcase must be closed.

(2) Despite subsection (1), a small spark-ignition engine may have an open crankcase if that engine is used exclusively to power a snowblower and if all the applicable emission standards will be met by the engine for combined crankcase and exhaust emissions measured using the procedures in subpart E of the CFR.

10. (1) Small spark-ignition engines equipped with adjustable parameters must comply with all requirements of these Regulations for any specification within the physically available range.

(2) An operating parameter is not considered adjustable if it is permanently sealed by the manufacturer or otherwise not normally accessible using ordinary tools.

11. The standards referred to in section 8 are the certification standards set out in the CFR and include the test procedures and calculation methods set out in the CFR.

Certificate of Conformity

12. Every small spark-ignition engine that is covered by a certificate of conformity to U.S. federal standards issued by the EPA and that is sold concurrently in the United States and Canada shall

  1. conform to the standards referred to in the certificate of conformity in lieu of the standards set out in section 8; and
  2. have permanently affixed to the engine the evidence of such conformity in the form and manner set out in paragraph 15(b).

EMISSION-RELATED MAINTENANCE INSTRUCTIONS

13. (1) Every company shall ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every new small spark-ignition engine or machine and that the instructions are consistent with the maintenance instructions set out in subsections (a) and (b) of section 1104, subpart L, of the CFR for the applicable model year.

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

EMISSION-RELATED INFORMATION LABELS

14. In the case of a model of a small spark-ignition engine for which the Governor in Council has made an exemption order under section 156 of the Act, a label setting out in French and English that an exemption from the Off-Road Small Spark-Ignition Engine Emission Regulations has been granted and the title and date of the exemption order shall be

  1. permanently affixed to every engine of that model in a visible, readily available location immediately beside the national emissions mark.
  2. resistant to or protected against any weather condition to which the label may be exposed; and
  3. legible, indelible and bear inscriptions that are indented, embossed or in a colour that contrasts with the background of the label.

RECORDS

Evidence of Conformity

15. In the case of a small spark-ignition engine that is covered by an EPA certificate of conformity to U.S. federal standards and sold concurrently in the U.S. and Canada, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company shall consist of

  1. a document demonstrating that
    1. a valid certificate of conformity covering the engine has been issued by the EPA; and
    2. engines of the same model and model year are sold concurrently in the U.S. and Canada;
  2. a U.S. engine information label that is permanently affixed in the form and location set out in section 114, subpart B of the CFR for the applicable model year of the engine.

16. In the case of a small spark-ignition engine other than referred to in section 15, evidence of conformity required under paragraph 153(1)(b) of the Act shall be obtained and produced by a company in a form and manner that is satisfactory to the Minister.

Maintenance and Submission of Records

17. (1) A company shall maintain, in writing or in readily readable electronic or optical form the evidence of conformity referred to in sections 15(a) and 16 and the records referred to in paragraph 153(1)(g) of the Act for a period of at least eight years after the date of manufacture.

(2) If the Minister makes a written request for the evidence of conformity or the records referred to in subsection (1), or a summary of them, the company shall provide the Minister with the evidence of conformity, records or summary in either official language, within

  1. 40 days after the request is delivered to the company; or
  2. if the evidence of conformity or records referred to in sections 15 or 16 must be translated from a language other than French or English, 60 days after the request is delivered to the company.

IMPORTATION REQUIREMENTS AND DOCUMENTS

General Provisions

18. (1) Subject to subsection (3), any company importing into Canada a small spark-ignition engine or machine shall submit, at a customs office, a declaration signed by an authorized official that contains

  1. the name, the address of the importer, and, if different the mailing address;
  2. the name of the manufacturer of the engine;
  3. the name of the manufacturer of the machine, if applicable;
  4. the date on which the engine or machine is imported;
  5. the model, model year, serial number, and in the case of an U.S. EPA certified engine, the engine family identification of the engine;
  6. the make, application, model, model year of the machine, if applicable;
  7. the number of engines or machines imported; and
  8. a statement that
    1. the engine bears the national emission mark; or
    2. the company has the evidence of conformity referred to in sections 15 and 16.

(2) An engine or machine imported by a person who is not a company shall be labeled with

  1. the national emissions mark;
  2. the U.S. engine information label referred to in paragraph 15(b) showing that the engine conformed to the emission standards of the U.S. EPA in effect at the time of its manufacture; or
  3. an emission control label showing that the engine conformed to the emission standards of the California Air Resource Board in effect at the time of its manufacture.

(3) For the purposes of paragraph 153(1)(b) of the Act, any company that imports in a calendar year 2,000 or more small spark-ignition engines or machines a year into Canada may provide the information referred to in subsection (1) in another form and manner that is satisfactory to the Minister.

19. A company that imports a small spark-ignition engine or a machine into Canada as described in subsection 153(2) of the Act shall make a declaration at a customs office, signed by an authorized official, that contains the information described in subparagraph 18(1) and, in addition,

  1. a statement from the engine or machine manufacturer that the engine or machine will, when completed in accordance with the instructions provided by the manufacturer, conform to the applicable standards prescribed under these Regulations; and
  2. a statement that the engine or machine will be completed in accordance with the instructions provided under paragraph(a).

RENTAL RATE

20. The 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 the small spark-ignition engine or machine is made available, is 18 per cent per year of the manufacture's suggested retail price of the engine or machine.

APPLICATION FOR EXEMPTION

21. (1) A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall submit in writing to the Minister

  1. its name, its address, and, if different, its mailing address;
  2. the province or country under the laws of which it is established;
  3. the section number, title and text or substance of the standards for which an exemption is sought;
  4. the duration requested for the exemption;
  5. the reason for requesting an exemption;
  6. 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; and
  7. the reasons why the granting of the exemption by the Governor in Council would be in the public interest and consistent with the objectives of the Act.

(2) Where the basis of an application for an exemption is substantial financial hardship, the company shall include in the submission to the Minister

  1. the world production of small spark-ignition engines or machines manufactured by the company or by the manufacturer of the model that is the subject of the application in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for;
  2. the total number of small spark-ignition engines or machines manufactured for, or imported into, the Canadian market in the 12 month period beginning two years before the beginning of the period to which the exemption applies;
  3. technical and financial information demonstrating in detail why conformity to the standards referred to in paragraph (1)(c) would create substantial financial hardship, including
    1. a list of each of the items that would have to be altered in order to achieve conformity,
    2. an itemized and detailed description of the estimated cost to make the alterations referred to in subparagraph (i)
      1. at the end of one year after the day that the application is submitted, if the duration of the requested exemption is for a period that is less than two years,
      2. at the end of two years after the day that the application is submitted, if the duration of the requested exemption is for a period that exceeds two years but is less than three years, or
      3. at the end of three years after the day that the application is submitted, if the duration of the requested exemption is for a period of three years;
    3. the estimated price increase per engine or machine to counter the total costs incurred pursuant to subparagraph (ii) and a statement of the anticipated effect of each such price increase,
    4. corporate balance sheets and income statements for the three fiscal years immediately preceding the filing of the application, and
    5. any other information to be considered; and
  4. a description of the company's efforts to conform to the standards from which the exemption is sought, including
    1. a description of any other means of conformity that were considered and the reasons for rejecting each of them, and
    2. a description of the steps to be taken while the exemption is in effect to come into compliance with the standards and the estimated date by which conformity will be achieved through design changes or the termination of the production of non-conforming small spark-ignition engines or machines.

(3) Where the basis of an application for exemption is the development of new emission monitoring or emission control features that are equivalent to or superior to those that conform to the prescribed standards, the applicant shall include in the submission to the Minister

  1. a description of the new features;
  2. a copy of the research, development and testing documentation establishing the innovative nature of the new features;
  3. an analysis of how the level of performance of the new features is equivalent to or superior to the level of performance established by the prescribed standards, including
    1. a detailed description of how a small spark-ignition engine or machine equipped with the new features would, if exempted, differ from one that conforms to the prescribed standards, and
    2. the results of tests conducted on the new features that demonstrate a level of performance that is equivalent to or superior to that required by the prescribed standards;
  4. evidence that an exemption would facilitate the development or the field evaluation of the small spark-ignition engine or machine; and
  5. a statement as to whether the company, intends, at the end of the exemption period,
    1. to conform to the prescribed standards,
    2. to apply for a further exemption, or
    3. to request that the prescribed standards be amended to incorporate the new features.

(4) Where the basis of an application for exemption is the development of new kinds of machines, small spark-ignition engines, engine systems or components, the applicant shall include in the submission to the Minister

  1. a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the control of emissions of the engine or machine, including
    1. a detailed description of how the engine, or machine equipped with the new kinds of engine systems or components would, if exempted, differ from one that conforms to the prescribed standards,
    2. the reasons why not conforming to the prescribed standards does not substantially diminish the control of emissions of the engine, or machine; and
    3. a discussion of other means of conformity that were considered and the reasons for rejecting each of them;
  2. the reasons why an exemption would facilitate the development or the field evaluation of the engine or machine; and
  3. a statement as to whether the company intends, at the end of the exemption period, to conform to the prescribed standards.

(5) Where a company wishes to obtain a new exemption to take effect after the expiration of an exemption referred to in subsections (3) or (4), the company shall submit, in writing, to the Minister

  1. the information required under subsection (3) or (4) as may be applicable;
  2. a statement of the total number of engines, or machines sold in Canada under the expiring exemption.

DEFECT INFORMATION

22. (1) Subject to subsection (2), the notice of defect referred to in subsections 157(1) and (4) of the Act shall be given in writing and indicate

  1. the name of the company giving the notice;
  2. the identification of each small spark-ignition engine and machine in respect of which the notice is given, including the model, model year, the period during which it was manufactured, and the EPA engine family identification, when applicable;
  3. the estimated percentage of the potentially affected small spark-ignition engines or machines that contain the defect;
  4. a description of the defect;
  5. an evaluation of the pollution risk arising from the defect;
  6. a statement of the measures to be taken to correct the defect; and
  7. a description of the means available to the company to contact current owners of each small spark-ignition engine or machine in respect of which the notice is given.

(2) A company shall, within 60 days after giving a notice of defect, submit to the Minister the initial report referred to in subsection 157(7) of the Act containing

  1. the information referred by subsection (1);
  2. the total number of small spark-ignition engines or machines in respect of which the notice of defect has been issued;
  3. a chronology of all principal events that led to the determination of the existence of the defect;
  4. description of the measures undertaken to correct the defect;
  5. copies of all notices, bulletins and other circulars issued by the company in respect of the defect, including a detailed description of the nature and physical location of the defect with diagrams and other illustrations as necessary.

(3) The company shall submit an annual report to the Minister respecting the defect and its correction commencing one year after the initial report submitted under subsection (3) that contains the following:

  1. the number, title or other identification assigned by the company to the notice of defect;
  2. the number of small spark-ignition engines or machines in respect of which the notice of defect has been issued;
  3. the date that the notices of defect were given to the current owners of the affected small spark-ignition engines or machines;
  4. the total number or percentage of small spark-ignition engines or machines repaired, including small spark-ignition engines or machines requiring inspection only.

COMING INTO FORCE

23. These Regulations come into force on January 1, 2004.

SCHEDULE 1

NATIONAL EMISSIONS MARK

The symbol shown in Figure 1 and the authorization number given by the Minister form the national emission mark. The authorization number must be located on the right-hand side or just below the symbol.

EC #auth

Figure 1

SCHEDULE 2

MINISTERIAL AUTHORIZATION

Department of Environment

Canadian Environmental Protection Act

Off-Road Small Spark-Ignition Engine Emission Regulations

Authorization Number: XXXXXX

Pursuant to the Canadian Environmental Protection Act, I, Minister of Environment, hereby authorize [ name and address ] to use and apply at its premises located at [ location ] the national emissions mark and this authorization number [#] on the off-road small spark-ignition engines, provided that the engine or machine conforms to all the emission standards applicable thereto.

This authorization expires on: __________________

Issued on ___________date, year ______________________

for the Minister of Environment

Date modified: