GUIDANCE DOCUMENT - OFF-ROAD COMPRESSION-IGNITION ENGINE EMISSION REGULATIONS under the Canadian Environmental Protection Act, 1999

Transportation Division
Environment Canada

March 2006

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TABLE OF CONTENTS (TOC)

1. 1. INTRODUCTION
2. 2. REGULATORY FRAMEWORK
   1. 2.1 What is the Canadian Environmental Protection Act, 1999 (CEPA 1999)?
   2. 2.2 What is the CEPA Environmental Registry?
   3. 2.3 What is the Code of Federal Regulations?
   4. 2.4 Are the Regulations identical to the EPA rules?
   5. 2.5 Certain provisions of the Regulations state that information can be requested by or sent to the Minister. Who is the Minister?
3. 3. ENGINES SUBJECT TO THE REGULATIONS
   1. 3.1 What is an off-road engine?
   2. 3.2 What is a machine?
   3. 3.3 What is the difference between "equipment" and "machine"?
   4. 3.4 Which categories of compression-ignition engines are not subject to the Regulations?
   5. 3.5 Do all compression-ignition engines that are subject to the Regulations have to conform to all provisions of the Regulations?
   6. 3.6 When do the Regulations come into force?
   7. 3.7 What is a model year?
4. 4. PERSONS AFFECTED BY THE REGULATIONS
   1. 4.1 Who is a Canadian engine manufacturer?
   2. 4.2 Who is a distributor of Canadian engines?
   3. 4.3 When is an importer a company under CEPA 1999?
   4. 4.4 What are the regulatory requirements for each type of "person" affected by the Regulations?
   5. 4.5 How are foreign engine manufacturers affected by the Regulations?
5. 5. NATIONAL EMISSIONS MARK
   1. 5.1 Are there any conditions regarding affixing a national emissions mark to an engine?
   2. 5.2 When do the provisions regarding the national emissions mark come into effect?
   3. 5.3 Who can affix the national emissions mark?
   4. 5.4 How does a company obtain the Minister's authorization to use the national emissions mark?
   5. 5.5 What information could satisfy the requirement of paragraph 6(2)(d) of the Regulations to show that the company is capable of verifying compliance with the standards?
   6. 5.6 Do imported engines require the national emissions mark?
   7. 5.7 Are there any requirements regarding the size, location and manner of affixing the national emissions mark to an engine?
6. 6. EMISSION STANDARDS
   1. 6.1 What is an emission control system?
   2. 6.2 Are there restrictions on an emission control system installed on a prescribed engine?
   3. 6.3 What is a defeat device?
   4. 6.4 What are the exhaust emission standards?
   5. 6.5 What are the procedures to measure the exhaust emissions?
   6. 6.6 What is a transition engine and may it be sold in Canada?
   7. 6.7 For how long must an engine conform to the exhaust emission standards?
   8. 6.8 What are the requirements for crankcase emissions?
   9. 6.9 What is an adjustable parameter?
   10. 6.10 Is an engine covered by an EPA certificate of conformity and sold concurrently in Canada and the U.S. required to meet the Canadian emission standards?
   11. 6.11 Is it necessary to have exactly the same engine model sold concurrently in Canada and in the U.S.?
7. 7. EVIDENCE OF CONFORMITY
   1. 7.1 What records could satisfy the requirement of demonstrating that an engine is sold concurrently in Canada and the U.S.?
   2. 7.2 When must the evidence of conformity be submitted?
   3. 7.3 What is the procedure to provide evidence of conformity “in a form and manner satisfactory to the Minister” for the engines referred to in section 17 of the Regulations (i.e., not covered by an EPA certificate of conformity or not sold concurrently in Canada and the U.S.)?
   4. 7.4 How is the evidence of conformity for a transition engine “obtained and produced by a company in a form and manner that is satisfactory to the Minister”?
8. 8. IMPORTING AN ENGINE
   1. 8.1 What is the business number required in subparagraph 19(1)(e)(i) of the Regulations?
   2. 8.2 Is there a special form for the importation declaration specified in section 19 of the Regulations?
   3. 8.3 Is there any suggested wording for the statement under subparagraph 19(1)(e)(ii) of the Regulations?
   4. 8.4 Who is eligible to sign the import declaration as the "duly authorized representative" of the company?
   5. 8.5 What is the procedure to provide bulk declarations of imported engines in a "form and manner satisfactory to the Minister", as referred to in subsection 19(2)?
9. 9. OTHER OBLIGATIONS
   1. 9.1 Obligation to provide maintenance instructions
   2. 9.2 Notice of defect
   3. 9.3 Obligation to provide an engine
10. 10. SPECIAL CASES OF OFF-ROAD COMPRESSION-IGNITION ENGINES
    1. 10.1 Engines imported into Canada solely for purposes of exhibition, demonstration, evaluation or testing
    2. 10.2 Engine in transit through Canada, from a place outside Canada to another place outside Canada
    3. 10.3 Engine imported exclusively for use by a visitor to Canada
    4. 10.4 Incomplete engine
    5. 10.5 Replacement engine
    6. 10.6 Engine designed to be used exclusively in underground mines
    7. 10.7 Engine for which the Governor-in-Council has granted an exemption
11. 11. COMPLIANCE AND ENFORCEMENT