Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

Contents

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment published in the Canada Gazette, Part I, on April 14, 2012, a copy of the proposed Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;^note^noteTherefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to sections 160 and 162 of the Canadian Environmental Protection Act, 1999, makes the annexed Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations.

Interpretation

1Definitions#

(1)The following definitions apply in these Regulations.

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

adjusted loaded vehicle weight means the numerical average of the curb weight and the GVWR, and in the case of vehicles referred to in subsection 26(6) with an adjusted loaded vehicle weight of more than 6 350 kg (14,000 pounds), the value corresponding to the nearest 225 kg (500 pounds) increment. (poids ajusté du véhicule chargé)

aftertreatment device means a catalytic converter, particulate filter or any other system or component mounted downstream of the exhaust valve or exhaust port that is designed to decrease engine exhaust emissions before they are released into the environment. (dispositif de traitement postcombustion)

A to B testing means testing performed in pairs to allow comparison of a vehicle A to a vehicle B, an engine A to an engine B or equipment A to equipment B, as the case may be. (essais A à B)

automatic tire inflation system means a pneumatically or electronically activated system that is installed on a vehicle or a trailer to maintain tire pressure at a specified value. (dispositif automatique de gonflage des pneus)

auxiliary emission control device means any element of design that 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 an emission control system. (dispositif antipollution auxiliaire)

averaging set means, for the purpose of a company’s participation in the CO₂ emission credit system set out in sections 34 to 47 or sections 47.1 to 47.5, as the case may be, any of the following groups of fleets of vehicles, engines or trailers:

(a)Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles;

(b)vocational vehicles that are light heavy-duty vehicles and incomplete vocational vehicles that are to become light heavy-duty vehicles;

(c)medium heavy-duty vehicles and heavy-duty incomplete vehicles that are to become medium heavy-duty vehicles, other than those that are of a type referred to in the table to subsection 26(1.2) and in respect of which the company has made the election referred to in that subsection;

(d)heavy heavy-duty vehicles and heavy-duty incomplete vehicles that are to become heavy heavy-duty vehicles, other than those that are of a type referred to in the table to subsection 26(1.2) and in respect of which the company has made the election referred to in that subsection;

(d.1)vocational vehicles that are all of the same type referred to in the table to subsection 26(1.2) and in respect of which the company has made the election referred to in that subsection;

(e)light heavy-duty engines and medium heavy-duty engines that are spark-ignition engines;

(f)light heavy-duty engines that are compression-ignition engines;

(g)medium heavy-duty engines that are compression-ignition engines;

(h)heavy heavy-duty engines;

(i)full-aero box van trailers that are short dry box van trailers and full-aero box van trailers that are short refrigerated box van trailers; or

(j)full-aero box van trailers that are long dry box van trailers and full-aero box van trailers that are long refrigerated box van trailers. (groupe de calcul de points)

basic vehicle frontal area means the area enclosed by the geometric projection of the basic vehicle — including tires but not mirrors or air deflectors — along the longitudinal axis of the vehicle onto a plane perpendicular to that axis. (surface frontale du véhicule de base)

box van trailer means a trailer — other than a tank trailer that is designed to transport liquids or gases — that has an enclosed cargo space that is permanently attached to the trailer chassis, has fixed sides and a fixed nose and roof. (remorque fourgon)

brake horsepower or BHP means a unit of brake power that is equal to 745.7 watts, expressed in horsepower. (BHP)

bus means a vocational vehicle that is designed to carry more than 15 passengers. (autobus)

cab-complete vehicle means a heavy-duty incomplete vehicle with either a completed occupant compartment that requires only the addition of a cargo-carrying surface, work-performing equipment or load-bearing component to perform its intended functions or with the back of the cab cut out for the intended installation of a structure that permits access from the driver’s area to the back of the vehicle. (véhicule à cabine complète)

calibration means the set of specifications and tolerances specific to a particular design, version or application of a component or assembly that describes its operation over its working range. (calibrages)

CFR means the Code of Federal Regulations of the United States, as amended from time to time. (CFR)

CH₄ means methane. (CH₄)

Class 2B means a class of heavy-duty vehicle that has a GVWR of more than 3 856 kg (8,500 pounds) but not more than 4 536 kg (10,000 pounds). (classe 2B)

Class 3 means a class of heavy-duty vehicle that has a GVWR of more than 4 536 kg (10,000 pounds) but not more than 6 350 kg (14,000 pounds). (classe 3)

Class 4 means a class of heavy-duty vehicle that has a GVWR of more than 6 350 kg (14,000 pounds) but not more than 7 257 kg (16,000 pounds). (classe 4)

Class 5 means a class of heavy-duty vehicle that has a GVWR of more than 7 257 kg (16,000 pounds) but not more than 8 845 kg (19,500 pounds). (classe 5)

Class 6 means a class of heavy-duty vehicle that has a GVWR of more than 8 845 kg (19,500 pounds) but not more than 11 793 kg (26,000 pounds). (classe 6)

Class 7 means a class of heavy-duty vehicle that has a GVWR of more than 11 793 kg (26,000 pounds) but not more than 14 969 kg (33,000 pounds). (classe 7)

Class 8 means a class of heavy-duty vehicle that has a GVWR of more than 14 969 kg (33,000 pounds). (classe 8)

coach bus means a bus that is designed for intercity passenger transport and that is not equipped with features to accommodate standing passengers. (autocar)

compression-ignition engine means an engine that operates as a reciprocating internal combustion engine, but does not include an engine that operates under characteristics significantly similar to the theoretical Otto combustion cycle or an engine that uses a spark plug or other sparking device. (moteur à allumage par compression)

concrete mixer means a vocational vehicle that is designed to mix and transport concrete in a revolving drum that is permanently mounted. (bétonnière)

CO₂ means carbon dioxide. (CO₂)

CO₂ family certification level, in respect of a company’s heavy-duty engines, means the maximum CO₂ emission level determined by the company for a fleet, which is greater than or equal to the maximum CO₂ deteriorated emission level value calculated in accordance with subsection 32(1) for the engines that are included in the fleet. (niveau de certification de la famille applicable au CO₂)

curb weight means the actual or manufacturer’s estimated weight of a heavy-duty vehicle in operational status with all standard equipment and includes the weight of fuel at nominal tank capacity and the weight of optional equipment. (masse en état de marche)

day cab means a tractor cab that is not a sleeper cab. (cabine de jour)

deteriorated emission level means the emission level that results from applying the applicable deterioration factor to the emission test results for a vehicle or engine. (niveau d’émissions détérioré)

deterioration factor means the factor used to account for the variation, if any, between the maximum emission level during the useful life of a vehicle or engine and the undeteriorated emission level measured at the point corresponding to a maximum of 6 437 km (4,000 miles) of operation in relation to a vehicle that has stabilized emissions and to a maximum of 125 hours of operation in relation to an engine that has stabilized emissions, determined in accordance with

(a)sections 1819(d)(5) and 1823(m) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, in the case of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles;

(b)section 241(c) of Title 40, chapter I, subchapter U, part 1037, subpart C, of the CFR, in the case of vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors; and

(c)section 150(g) of Title 40, chapter I, subchapter U, part 1036, subpart B, of the CFR, and section 241(c) of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR, in the case of heavy-duty engines. (facteur de détérioration)

dry box van trailer means a box van trailer other than a refrigerated box van trailer. (remorque fourgon non frigorifique)

electric vehicle means a heavy-duty vehicle, other than a fuel cell vehicle, that is not equipped with an internal combustion engine and is powered solely by an external source of electricity or solar power or a combination of electricity and solar power. (véhicule électrique)

element of design means, in respect of a vehicle, engine or trailer,

(a)any control system, including computer software, electronic control systems and computer logic;

(b)any control system calibrations;

(c)the results of systems interaction; or

(d)any hardware items. (élément de conception)

emergency vehicle means a vocational vehicle that is designed for use as an ambulance or fire truck. (véhicule d’urgence)

emission control system means any emission control device, auxiliary emission control device, engine modification and strategy, and other element of design used to reduce exhaust emissions from a vehicle or engine. (système antipollution)

engine configuration means a unique combination of heavy-duty engine hardware and calibration that has an effect on measured emissions within an engine family or engine subfamily, as the case may be. (configuration de moteur)

engine family, in respect of a company’s heavy-duty engines other than those referred to in section 25, means

(a)if they are covered by an EPA certificate, the grouping for which the EPA certificate was issued; or

(b)if they are not covered by an EPA certificate, the grouping determined in accordance with section 230 of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR. (famille de moteurs)

engine subfamily, in respect of a company’s heavy-duty engines other than those referred to in section 25, means the grouping within an engine family having the same CO₂ family certification level, determined in accordance with section 230 of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR. (sous-famille de moteurs)

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

EPA certificate means a certificate of conformity with U.S. federal standards issued by the EPA. (certificat de l’EPA)

family emission limit means

(a)in the case of CO₂ emissions,

(i)in respect of a company’s vocational vehicles and incomplete vocational vehicles, the maximum CO₂ emission level determined by the company for a fleet or subfleet, which is greater than or equal to the maximum CO₂ emission rate determined in accordance with subsection 26(2) for the vocational vehicles and incomplete vocational vehicles that are included in the fleet or subfleet,

(ii)in respect of a company’s tractors and incomplete tractors, the maximum CO₂ emission level determined by the company for a fleet or subfleet, which is greater than or equal to the maximum CO₂ emission rate determined in accordance with subsection 27(2) for the tractors and incomplete tractors that are included in the fleet or subfleet, and

(iii)in respect of a company’s full-aero box van trailers, the maximum CO₂ emission level determined by the company for a subfleet, which is greater than or equal to the maximum CO₂ emission rate determined in accordance with subsection 33.1(3) for the trailers that are included in the subfleet; and

(b)in the case of N₂O or CH₄ emissions,

(i)in respect of a company’s Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — the maximum N₂O or CH₄ emission level determined by the company for a fleet or subfleet, which is greater than or equal to the maximum N₂O or CH₄ emission value determined in accordance with section 24 for the vehicles or vehicle configurations that are included in the fleet or subfleet, and

(ii)in respect of a company’s heavy-duty engines, the maximum N₂O or CH₄ emission level determined by the company for a fleet, which is greater than or equal to the maximum N₂O or CH₄ deteriorated emission level value calculated using the applicable emission value determined in accordance with subsection 29(2) for the engine configurations that are included in the fleet. (limite d’émissions de la famille)

FTP-based city test means the Federal Test Procedure set out in section 127 of Title 40, chapter I, subchapter C, part 86, subpart B, of the CFR, to comply with the FTP emission standards. (essai en ville)

fuel cell vehicle means a heavy-duty vehicle propelled solely by an electric motor, the energy for the motor being supplied by an electrochemical cell that produces electricity via the non-combustion reaction of a consumable fuel, typically hydrogen. (véhicule à pile à combustible)

full-aero, in respect of a box van trailer, means that the trailer does not have any of the following features:

(a)a belly box that occupies at least half of the length of both sides of the trailer between the centreline of the landing gear when it is extended and the leading edge of the front wheels;

(b)a drop deck;

(c)a side-mounted, pull-out platform;

(d)one or more steps for side-door access;

(e)a side lift gate;

(f)a rear hinged loading ramp;

(g)a rear mount for a forklift;

(h)a rear lift gate or, for the 2023 model year or an earlier model year, a roll-up rear door. (totalement aérodynamique)

GAWR means the gross axle weight rating that is specified by a manufacturer as the load-carrying capacity of a single axle system, as measured at the tire-ground interface. (PNBE)

GCWR means the gross combination weight rating that is specified by a manufacturer as the maximum design loaded weight of a vehicle and trailer. (PNBC)

GEM computer simulation model means the EPA’s GEM computer simulation model referred to in section 520 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR. (modèle de simulation informatique GEM)

GVWR means the gross vehicle weight rating that is specified by a manufacturer as the maximum design loaded weight of a vehicle. (PNBV)

heavy-duty completed vehicle [Repealed, SOR/2018-98, s. 1]

heavy-duty engine means an engine that is designed to be used for motive power in a vocational vehicle or a tractor. (moteur de véhicule lourd)

heavy-duty incomplete vehicle means a heavy-duty vehicle, an on-road vehicle with a curb weight of more than 2 722 kg (6,000 pounds) or an on-road vehicle with a basic vehicle frontal area in excess of 4.2 m² (45 square feet) that consists of, at a minimum, a chassis, a powertrain and wheels in the state in which all of those components are to be part of the vehicle, but that requires further manufacturing operations to be completed. (véhicule lourd incomplet)

heavy-duty vehicle means an on-road vehicle that has a GVWR of more than 3 856 kg (8,500 pounds) but does not include a medium-duty passenger vehicle as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations or a vehicle regulated under the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations. (véhicule lourd)

heavy-haul tractor means a tractor of the 2021 model year or a subsequent model year that has a GCWR of 63 503 kg (140,000 pounds) or more. (tracteur routier à chargement lourd)

heavy heavy-duty engine means a heavy-duty engine that has cylinder liners designed for multiple rebuilds and is designed to be used in Class 8 heavy-duty vehicles. (gros moteur de véhicule lourd)

heavy heavy-duty vehicle means

(a)for the 2020 model year and earlier model years, a Class 8 heavy-duty vehicle; and

(b)for the 2021 model year and subsequent model years,

(i)a Class 6, Class 7 or Class 8 vocational vehicle that is equipped with a heavy heavy-duty engine,

(ii)a Class 8 vocational vehicle that is an electric vehicle,

(iii)a Class 8 vocational vehicle that is a fuel cell vehicle,

(iv)a Class 8 vocational vehicle that is a hybrid vehicle, or

(v)a Class 8 tractor. (gros véhicule lourd)

HFET-based highway test means the Highway Fuel Economy Test Procedure referred to in subpart B of Title 40, chapter I, subchapter Q, part 600, of the CFR. (essai sur route)

high-roof, in relation to a tractor, means having a roof height of 376 cm (148 inches) or more. (toit élevé)

hybrid engine or hybrid powertrain means an engine or a powertrain that is equipped with energy storage features — other than a conventional battery system or conventional flywheel — such as supplemental electric batteries and hydraulic accumulators. (moteur hybride ou groupe motopropulseur hybride)

hybrid vehicle means a heavy-duty vehicle that is equipped with energy storage features — other than a conventional battery system or conventional flywheel — such as supplemental electric batteries and hydraulic accumulators, in addition to an internal combustion engine or other engine that uses fuel. (véhicule hybride)

incomplete tractor means a heavy-duty incomplete vehicle that is designed to become a tractor on completion of manufacturing operations. (tracteur routier incomplet)

incomplete vocational vehicle means a heavy-duty incomplete vehicle that is designed to become a vocational vehicle on completion of manufacturing operations. (véhicule spécialisé incomplet)

innovative technology means a greenhouse gas emission reduction technology for which the total emission reduction attributable to it cannot be measured by either GEM computer simulation modelling or the test procedures specified under these Regulations. (technologie innovatrice)

light heavy-duty engine means a heavy-duty engine that is designed to be used in Class 2B, Class 3, Class 4 or Class 5 heavy-duty vehicles. (petit moteur de véhicule lourd)

light heavy-duty vehicle means a Class 2B, Class 3, Class 4 or Class 5 heavy-duty vehicle. (petit véhicule lourd)

long, in respect of a trailer, means more than 15.24 metres (50 feet) in length. (longue)

low-roof, in relation to a tractor, means having a roof height of 305 cm (120 inches) or less. (toit bas)

medium heavy-duty engine means a heavy-duty engine that is designed to be used in Class 6 and Class 7 heavy-duty vehicles. (moteur moyen de véhicule lourd)

medium heavy-duty vehicle means

(a)for the 2020 model year and earlier model years, a Class 6 or Class 7 heavy-duty vehicle; and

(b)for the 2021 model year and subsequent model years,

(i)a Class 6, Class 7 or Class 8 vocational vehicle that is not a hybrid vehicle and is equipped with an engine other than a heavy heavy-duty engine,

(ii)a Class 6 or Class 7 vocational vehicle that is an electric vehicle,

(iii)a Class 6 or Class 7 vocational vehicle that is a fuel cell vehicle,

(iv)a Class 6 or Class 7 vocational vehicle that is a hybrid vehicle, or

(v)a Class 7 tractor. (véhicule mi-lourd)

mid-roof, in relation to a tractor, means having a roof height of more than 305 cm (120 inches) but less than 376 cm (148 inches). (toit moyen)

mixed-use vocational vehicle means a vocational vehicle that

(a)is designed to operate at low speeds that are unsuitable for normal highway operation, has affixed components that are designed to operate in an off-road environment or has both of those characteristics; or

(b)has one or more of the following characteristics:

(i)it has an axle that has a GAWR of 13 154 kg (29,000 pounds) or more,

(ii)it cannot attain a speed of more than 53 km/h (33 miles per hour) over 3.2 km (2 miles),

(iii)it cannot attain a speed of more than 72 km/h (45 miles per hour) over 3.2 km (2 miles), it has an unloaded vehicle weight that is not less than 95% of its GVWR and it cannot carry occupants other than the driver and operating crew,

(iv)it cannot attain a speed of more than 87 km/h (54 miles per hour)

(A)due to parameters that are not adjustable parameters as defined in subsection 15(1), or

(B)without the engine with which it is equipped being at 95% or more of its maximum test speed in the highest available gear ratio. (véhicule spécialisé à usages divers)

model year means the year, determined in accordance with section 4, that is used by a manufacturer to designate a model of vehicle, engine or trailer. (année de modèle)

motor home means a vocational vehicle that is designed to provide temporary residential accommodations and that is equipped with at least four of the following features:

(a)a cooking appliance;

(b)a refrigerator;

(c)a self-contained toilet;

(d)a heating or air-conditioning system;

(e)a potable water supply system, including a faucet and a sink;

(f)a 110-125 volt alternating current (VAC) electrical supply system or propane supply system. (autocaravane)

multi-purpose vocational vehicle means a vocational vehicle that is neither a regional vocational vehicle nor an urban vocational vehicle. (véhicule spécialisé à usages multiples)

nominal tank capacity means the fuel tank’s volume that is specified by a manufacturer to the nearest three eighths of a litre (one tenth of a U.S. gallon). (capacité nominale du réservoir à carburant)

non-aero box van trailer means

(a)a box van trailer that is at least 10.67 metres (35 feet) in length and that has

(i)at least one of the following rear features:

(A)a hinged loading ramp,

(B)a lift gate,

(C)a mount for a forklift,

(D)for the 2023 model year or an earlier model year, a roll-up door, and

(ii)at least one of the following side features:

(A)a belly box that occupies at least half of the length of both sides of the trailer between the centreline of the landing gear when it is extended and the leading edge of the front wheels,

(B)a drop deck,

(C)a mounted, pull-out platform,

(D)one or more steps for side-door access,

(E)a lift gate; or

(b)a short refrigerated box van trailer that is less than 10.67 metres (35 feet) in length and has at least one of the side features listed in clauses (a)(ii)(A) to (E). (remorque fourgon non aérodynamique)

non-box trailer means a tank trailer that is designed to transport liquids or gases, a trailer that is designed to carry a temporarily mounted shipping container or a trailer that is designed to accommodate side-loading cargo onto a single, continuous load-bearing surface that runs from the rear of the trailer to at least the trailer’s kingpin and that may have curtains, straps or other devices to restrain or protect the cargo during transport, including side walls that do not completely enclose the cargo space. (remorque sans fourgon)

N₂O means nitrous oxide. (N₂O)

on-road vehicle means a self-propelled vehicle that is designed for or capable of transporting persons, property, material or permanently or temporarily affixed apparatus on a highway, but does not mean a vehicle that

(a)cannot exceed a speed of 40 km/h (25 miles per hour) on a level paved surface;

(b)lacks features customarily associated with safe and practical highway use such as a reverse gear, a differential or safety features that are required by federal or provincial laws;

(c)exhibits features that render its use on a highway unsafe, impractical or highly unlikely, such as tracked road contact means or inordinate size; or

(d)is a military vehicle that is designed for use in combat or combat support. (véhicule routier)

partial-aero, in respect of a box van trailer other than a non-aero box van trailer, means that the trailer

(a)has at least one of the following side features:

(i)a belly box that occupies at least half of the length of both sides of the trailer between the centreline of the landing gear when it is extended and the leading edge of the front wheels,

(ii)a drop deck,

(iii)a mounted, pull-out platform,

(iv)one or more steps for side-door access,

(v)a lift gate; or

(b)in the case of a long dry box van trailer or a long refrigerated box van trailer, has at least one of the following rear features:

(i)a hinged loading ramp,

(ii)a lift gate,

(iii)a mount for a forklift,

(iv)for the 2023 model year or an earlier model year, a roll-up door. (partiellement aérodynamique)

plug-in hybrid vehicle means a hybrid vehicle that has an energy storage system that can be recharged from an electric source that is not on board the vehicle. (véhicule hybride rechargeable)

power take-off means a secondary engine shaft or other system of a vehicle that provides substantial auxiliary power for purposes unrelated to vehicle propulsion or the functioning of customary vehicle accessories such as air conditioning, power steering and basic accessories. (prise de mouvement)

refrigerated box van trailer means a box van trailer that has a self-contained heating, ventilation or air-conditioning system. (remorque fourgon frigorifique)

regional vocational vehicle means a vocational vehicle that has any of the characteristics of a vehicle to which the regional duty cycle is applicable under section 510 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR. (véhicule spécialisé régional)

short, in respect of a trailer, means not more than 15.24 metres (50 feet) in length. (courte)

sleeper cab means a tractor cab that has a compartment located behind the driver’s seat that is designed to be used as a sleeping accommodation and that is accessible either from the driver’s compartment or from outside the vehicle. (cabine couchette)

spark-ignition engine means an engine that operates under characteristics significantly similar to the theoretical Otto combustion cycle and uses a spark plug or other sparking device. (moteur à allumage commandé)

static loaded radius means the distance between the level surface where the vehicle is located and the axle centre measured at curb weight when the vehicle is stationary, with the wheels parallel to the vehicle’s longitudinal centre line and the tires inflated to the manufacturer’s recommended cold tire inflation pressure. (rayon sous charge statique)

steady state duty cycle means the test cycle that is referred to in section 1362 of Title 40, chapter I, subchapter C, part 86, subpart N, of the CFR. (cycle de service permanent)

test group, in respect of a company’s Class 2B and Class 3 heavy-duty vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles, and the company’s engines referred to in section 25, means

(a)if they are covered by an EPA certificate, the grouping for which the EPA certificate was issued; and

(b)if they are not covered by an EPA certificate, the grouping determined in accordance with section 1827 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR. (groupe d’essai)

test weight means the vehicle weight that is used or represented during testing. (masse à l’essai)

tire pressure monitoring system means a system that is installed on a vehicle or a trailer to monitor the air pressure in each tire and alert the driver when the tire pressure falls below a specified value. (système de surveillance de la pression des pneus)

tire rolling resistance level means the rolling resistance of a tire configuration, expressed in kilograms per tonne. (niveau de résistance au roulement du pneu)

tractor means a Class 7 or Class 8 heavy-duty vehicle that is manufactured primarily for pulling a trailer but not for carrying cargo other than cargo in the trailer. (tracteur routier)

trailer means equipment with wheels that is designed to carry cargo and be pulled by a tractor when coupled to the tractor’s fifth wheel, excluding equipment that

(a)is less than 10.67 metres (35 feet) in length and has three axles;

(b)has four or more axles;

(c)has adjacent axles whose centrelines are at least 305 cm (120 inches) apart and, if the distance between the axles is adjustable, cannot be set closer together;

(d)is intended to be used as a temporary or permanent residence or as an office or other work space; or

(e)is designed for use in military combat or combat support. (remorque)

trailer family, in respect of a company’s trailers, means

(a)if they are covered by an EPA certificate, the grouping for which the EPA certificate was issued; or

(b)if they are not covered by an EPA certificate, the trailers within a grouping referred to in section 230 of Title 40, chapter I, subchapter U, part 1037, subpart C, of the CFR, except that a reference to “vehicle” in sections 230(b) and (d)(3) of Title 40, chapter I, subchapter U, part 1037, subpart C, of the CFR must be read as a reference to “trailer”. (famille de remorques)

transient duty cycle means the test cycle that is referred to in section 1333 of Title 40, chapter I, subchapter C, part 86, subpart N, of the CFR. (cycle de service transitoire)

urban vocational vehicle means a vocational vehicle that has any of the characteristics of a vehicle to which the urban duty cycle is applicable under section 510 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR. (véhicule spécialisé urbain)

vehicle configuration means, in respect of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, a configuration as defined in section 1819(d)(12)(i) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR. (configuration de véhicule)

vehicle family, in respect of a company’s tractors or vocational vehicles, means

(a)if they are covered by an EPA certificate, the grouping for which the EPA certificate was issued; or

(b)if they are not covered by an EPA certificate, the grouping determined in accordance with section 230 of Title 40, chapter I, subchapter U, part 1037, subpart C, of the CFR. (famille de véhicules)

vehicle service class means any one of the following groups:

(a)light heavy-duty vehicles;

(b)medium heavy-duty vehicles; or

(c)heavy heavy-duty vehicles. (classe de service)

vehicle subconfiguration means, within a vehicle configuration of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, a unique combination of equivalent test weight and road load horsepower, and any other operational characteristics or parameters that may significantly affect CO₂ emissions within the vehicle configuration. (sous-configuration de véhicule)

vocational tractor means any of the following tractors that are not designed primarily to operate at high and constant speeds such as on highways, or that would not benefit from efficiency improvements designed for line-haul tractors:

(a)a low-roof tractor that is designed for local pickup and delivery;

(b)a tractor that is designed for both on-road and off-road use, such as a tractor with a reinforced frame and increased ground clearance; or

(c)a tractor of the 2020 model year or an earlier model year that has a GCWR of 54 431 kg (120,000 pounds) or more. (tracteur routier spécialisé)

vocational vehicle means any of the following:

(a)a Class 4, Class 5 or Class 6 heavy-duty vehicle;

(b)a Class 7 or Class 8 heavy-duty vehicle that is not a tractor;

(c)a vocational tractor;

(d)a heavy-duty incomplete vehicle that is not a cab-complete vehicle and is equipped with an engine conforming to the alternative standard referred to in section 25; or

(e)a Class 2B or Class 3 heavy-duty vehicle that is not subject to section 1819 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR. (véhicule spécialisé)

(2)Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and must be read as excluding

(a)references to the EPA or the Administrator of the EPA exercising discretion in any way;

(b)references to the Secretary of Transportation exercising discretion in any way;

(c)alternative standards related to fleet averages, other averages, emission credits, small volume manufacturers or financial hardship; and

(d)standards or evidence of conformity of any authority other than the EPA.

(3)For the purposes of subsection (2), a reference in the CFR to “carbon-related exhaust emissions” and “CREE” must be read as “CO₂ emissions”.

(4)The calculations and measurements in these Regulations must be rounded in accordance with section 20(e) of Title 40, chapter I, subchapter U, part 1065, subpart A, of the CFR, unless otherwise provided in

(a)these Regulations;

(b)part 1037 of Title 40, chapter I, subchapter U, of the CFR, for the applicable standards and test procedures in the case of trailers and heavy-duty vehicles other than those referred to in paragraph (b.1);

(b.1)section 1819 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the applicable standards and test procedures in the case of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles; or

(c)part 1036 of Title 40, chapter I, subchapter U, of the CFR, for the applicable standards and test procedures in the case of heavy-duty engines.

(5)Unless otherwise provided in these Regulations, useful life refers to the period of time or use in respect of which an emission standard applies to, as the case may be,

(a)Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — namely,

(i)for the 2020 model year and earlier model years, 11 years or 193 121 km (120,000 miles), whichever occurs first, and

(ii)for the 2021 model year and subsequent model years, 15 years or 241 401 km (150,000 miles), whichever occurs first;

(b)vocational vehicles that are light heavy-duty vehicles and incomplete vocational vehicles that are to become light heavy-duty vehicles, namely,

(i)for the 2020 model year and earlier model years, 10 years or 177 027 km (110,000 miles), whichever occurs first, and

(ii)for the 2021 model year and subsequent model years, 15 years or 241 401 km (150,000 miles), whichever occurs first;

(c)vocational vehicles that are medium heavy-duty vehicles, incomplete vocational vehicles that are to become medium heavy-duty vehicles, Class 7 tractors and incomplete tractors that are to become Class 7 tractors, namely, 10 years or 297 728 km (185,000 miles), whichever occurs first;

(d)vocational vehicles that are heavy heavy-duty vehicles, incomplete vocational vehicles that are to become heavy heavy-duty vehicles, Class 8 tractors and incomplete tractors that are to become Class 8 tractors, namely, 10 years or 700 064 km (435,000 miles), whichever occurs first;

(e)heavy-duty engines, namely,

(i)in the case of spark-ignition engines and of light heavy-duty engines that are compression-ignition engines of the 2021 model year or a subsequent model year, 15 years or 241 401 km (150,000 miles), whichever occurs first, and

(ii)in any other case, the same useful life as that which is set out for the type of engine in question in section 2 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for emissions of oxides of nitrogen (NO_X), hydrocarbon (HC), particulate matter (PM) and carbon monoxide (CO); and

(f)trailers, namely, 10 years.

(6)Subject to subsections (7) and (8), “roof height” refers to the maximum height of a tractor, rounded to the nearest inch, excluding small accessories such as exhaust pipes and antennas, but including large accessories such as roof fairings, and measured with tires inflated to the manufacturer’s recommended cold tire inflation pressure and without occupants or cargo onboard.

(7)The roof height of a tractor must be measured with a static loaded radius equal to the arithmetic mean of the largest and smallest static loaded radius of the tires that are recommended for the tractor by the manufacturer.

(8)In the case of a tractor equipped with an adjustable roof fairing, the roof height must be measured with the fairing in its lowest setting.

(8.1)The length of a trailer corresponds to

(a)the outer dimensions of its load-carrying structure, excluding any aerodynamic devices and any heating, ventilating or air-conditioning systems; and

(b)in the case of a B-train trailer, the outer dimensions of its load-carrying structure, excluding its rear fifth-wheel coupling section, any aerodynamic devices and any heating, ventilating or air-conditioning systems.

(8.2)The number of axles on a vehicle or trailer includes any axles that can be used to carry the loaded or unloaded weight of the vehicle or the trailer while in motion, including lift axles.

(9)A family emission limit and a CO₂ family certification level must be expressed to the same number of decimal places as the emission standard they replace.

(10)For the purposes of these Regulations, a spark-ignition engine of the 2020 model year or an earlier model year that is regulated as a diesel engine under part 86 of Title 40, chapter I, subchapter C, of the CFR must conform to the standards, test procedures and calculation methods applicable to a compression-ignition engine of the same model year.

(11)For the purposes of these Regulations, a compression-ignition engine of the 2020 model year or an earlier model year that is regulated as an Otto-cycle engine under part 86 of Title 40, chapter I, subchapter C, of the CFR must conform to the standards, test procedures and calculation methods applicable to a spark-ignition engine of the same model year.

(12)For the purposes of these Regulations, the following engines must conform to the standards, test procedures and calculation methods applicable to a compression-ignition engine of the same model year:

(a)a gas turbine heavy-duty engine; and

(b)a heavy-duty engine that is not a spark-ignition engine or compression-ignition engine.

1.1Concurrent sale#

For the purposes of these Regulations, a vehicle, engine or trailer of a given model year that is sold in Canada is considered to be sold concurrently in Canada and in the United States if a vehicle, engine or trailer of that model year that belongs to the same test group, vehicle family, engine family or trailer family is offered for sale in the United States during the 365 days preceding

(a)in the case of a vehicle, engine or trailer that is imported into Canada, the day on which it is imported; and

(b)in the case of a vehicle, engine or trailer that is manufactured in Canada,

(i)the day on which the national emissions mark is applied to the vehicle, engine or trailer, if known, or

(ii)if the day referred to in subparagraph (i) is not known, the day on which the main assembly of the vehicle or the manufacture of the engine or the trailer, as the case may be, is completed.

^note

Application

2Prescribed vehicles, engines and equipment#

These Regulations apply to the vehicles, engines and equipment that are prescribed by subsections 5(1) to (3).^note

3 #

[Repealed, SOR/2018-98, s. 2] (repealed)

Model Year

4Model year#

(1)Subject to subsection (3), a year that is used by a manufacturer as a model year must,

(a)if the period of production of a model of heavy-duty vehicle, heavy-duty engine or trailer does not include January 1 of a calendar year, correspond to the calendar year during which the period of production falls; and

(b)if the period of production of a model of heavy-duty vehicle, heavy-duty engine or trailer includes January 1 of a calendar year, correspond to that calendar year.

(2)The period of production of a model of heavy-duty vehicle, heavy-duty engine or trailer must include only one January 1.

(3)For vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors whose main assembly is completed on or after January 1, 2021, the vehicle’s model year is the calendar year corresponding to the calendar year during which its main assembly is completed. However, a company may choose to designate the vehicle’s model year as being

(a)the model year that corresponds to the calendar year after the calendar year during which the vehicle’s main assembly is completed; or

(b)the model year that corresponds to the calendar year before the calendar year during which the vehicle’s main assembly is completed if,

(i)in the case of a vehicle whose engine is installed in the United States, the engine’s model year is also from an earlier year in accordance with section 601(a)(2) of Title 40, chapter I, subchapter U, part 1037, subpart G, of the CFR and, if the engine is installed after March 31 of the calendar year during which the vehicle’s main assembly is completed, the company has obtained prior approval from the EPA, and

(ii)in the case of a vehicle whose engine is installed in Canada,

(A)the engine’s model year is also from an earlier year and the standards applicable under these Regulations to engines of that earlier model year are the same as those applicable to engines of a model year that corresponds to the calendar year during which the vehicle’s main assembly is completed, or

(B)the engine’s model year is the model year that corresponds to the calendar year before the calendar year during which the vehicle’s main assembly is completed and the engine is installed before March 31 of the calendar year during which the vehicle’s main assembly is completed.

Prescribed Classes of Vehicles, Engines and Equipment

5Heavy-duty vehicles#

(1)The following classes of vehicles are prescribed for the purposes of the definition vehicle in section 149 of the Act:

(a)Class 2B and Class 3 heavy-duty vehicles;

(b)vocational vehicles;

(c)tractors; and

(d)heavy-duty incomplete vehicles.

(2)Heavy-duty engines are prescribed for the purposes of the definition engine in section 149 of the Act.

(2.1)Box van trailers and non-box trailers are prescribed for the purposes of the definition equipment in section 149 of the Act.

(3)The prescribed classes of vehicles, engines and equipment set out in subsections (1), (2) and (2.1), respectively, do not include heavy-duty vehicles, heavy-duty engines or trailers that are to be exported and that are accompanied by written evidence establishing that they will not be sold for use or used in Canada.

(4)For the purposes of section 152 of the Act, the prescribed vehicles are the vehicles referred to in subsection (1) for which the main assembly is completed in Canada, other than a vehicle that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

(5)For the purposes of section 152 of the Act, the prescribed engines are the engines referred to in subsection (2) that are manufactured in Canada, other than

(a)an engine that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing;

(b)an engine that is to be installed in a heavy-duty vehicle before sale to the vehicle’s first retail purchaser; and

(c)an engine that is to be installed as a replacement engine in a heavy-duty vehicle that has a national emissions mark applied to it, if the replacement engine is

(i)of the same model year as the original engine, and

(ii)identical to or better than the original engine with respect to emissions.

(6)For the purposes of section 152 of the Act, the prescribed equipment is box van trailers and non-box trailers that are manufactured in Canada, other than trailers that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

^note

National Emissions Mark

6Application#

(1)A company that intends to apply a national emissions mark to a vehicle, engine or trailer must apply to the Minister for authorization.

(1.1)The application must be signed by a person who is authorized to act on behalf of the company and must include

(a)the name and street address of the company’s head office and, if different, its mailing address;

(b)the classes of vehicles, engines or trailers for which the authorization is requested;

(c)the street address of the location at which the national emissions mark will be applied to the vehicles, engines or trailers;

(d)the street address where the records referred to in section 59 will be maintained; and

(e)information demonstrating that the company is capable of verifying compliance with the standards set out in these Regulations.

(2)Subsection (1) does not apply to a company that, on the day on which these Regulations come into force, is authorized to apply the national emissions mark to a vehicle or engine under the On-Road Vehicle and Engine Emission Regulations.

7National emissions mark#

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

(2)The national emissions mark must be at least 7 mm in height and 10 mm in width.

(3)Subject to subsection 11(2), the national emissions mark must be displayed

(a)on or immediately beside the U.S. emission control information label or U.S. engine information label referred to in paragraph 53(d);

(b)on or immediately beside the compliance label applied in accordance with the Motor Vehicle Safety Regulations; or

(c)on or immediately beside the compliance label referred to in section 8, 9 or 9.1, as the case may be.

(4)The national emissions mark must be displayed on a label that

(a)is permanently applied to the vehicle, engine or trailer;

(b)is resistant to or protected against any weather condition; and

(c)bears inscriptions that are legible and indelible and that are indented, embossed or in a colour that contrasts with the background of the label.

(5)Subject to subsection (6), a company that has been authorized to apply the national emissions mark must display the authorization number assigned by the Minister in figures that are at least 2 mm in height, immediately below or to the right of the national emissions mark.

(6)A company is not required to display its authorization number on a vehicle or trailer if

(a)the company is authorized by the Minister of Transport to apply the national safety mark in accordance with the Motor Vehicle Safety Act;

(b)the company applies both the national emissions mark and the national safety mark to the vehicle or the trailer; and

(c)the national emissions mark is displayed on the same label as the national safety mark.

Labelling

8Non EPA-certified engines#

(1)Heavy-duty engines and the engines referred to in section 25 that are imported or manufactured in Canada — other than EPA-certified engines that bear the label referred to in subparagraph 53(d)(ii) — must bear a compliance label that sets out the following information:

(a)subject to subsection (2), the statement “THIS ENGINE CONFORMS TO ALL APPLICABLE STANDARDS PRESCRIBED BY THE CANADIAN REGULATIONS ENTITLED Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations IN EFFECT FOR MODEL YEAR [insert model year] / CE MOTEUR EST CONFORME AUX NORMES QUI LUI SONT APPLICABLES PRÉVUES AU RÈGLEMENT CANADIEN INTITULÉ Règlement sur les émissions de gaz à effet de serre des véhicules lourds et de leurs moteurs EN VIGUEUR POUR L’ANNÉE DE MODÈLE [inscrire l’année de modèle]”;

(b)the name of the engine’s manufacturer;

(c)the engine’s model year if a national emissions mark is applied to the engine;

(d)subject to subsection (3), the engine’s date of manufacture;

(e)subject to subsection (3), the engine’s unique identification number;

(f)the model designations;

(g)the engine displacement;

(h)the identification of the emission control system;

(i)the engine family’s or test group’s identification code, as the case may be;

(j)the limits on the types of use for the engine to ensure that the emission standards set out in these Regulations are complied with;

(k)the engine specifications and adjustments recommended by the engine’s manufacturer;

(l)in the case of a spark-ignition engine, the valve lash, idle speed, ignition timing and idle air-fuel mixture setting procedure and value;

(m)in the case of a compression-ignition engine, the engine power specified by the manufacturer and expressed in HP, the RPM at the specified horsepower, the fuel rate at the specified horsepower expressed in mm³ per stroke, the valve lash, idle speed and initial injection timing; and

(n)in the case of a heavy-duty engine that is exempted under subsection 17(1.1), the engine’s model year and a statement, in both official languages, that the engine is exempted under that subsection.

(2)Paragraph (1)(a) does not apply when a national emissions mark is applied to the engine.

(3)The engine’s date of manufacture referred to in paragraph (1)(d) and unique identification number referred to in paragraph (1)(e) may, instead of being set out on the label, be permanently affixed, engraved or stamped on the engine.

(4)In the case of spark-ignition engines referred to in section 25, the label referred to in subsection (1) must also set out one of the following statements, whichever applies:

(a)a statement in both official languages that the engine conforms to the alternative greenhouse gas emission standards for engines of Class 2B and Class 3 heavy-duty vehicles; or

(b)the statement referred to in section 1819(k)(8)(v) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

(5)In the case of compression-ignition engines referred to in subsection 31(1), the label referred to in subsection (1) must also set out one of the following statements, whichever applies:

(a)a statement in both official languages that the engine conforms to the alternative CO₂ emission standard based on model year 2011 compression-ignition engines; or

(b)the statement referred to in section 620(d) of Title 40, chapter I, subchapter U, part 1036, subpart G, of the CFR.

^note

9Non EPA-certified vehicles#

(1)Heavy-duty vehicles that are imported or manufactured in Canada — other than EPA-certified heavy-duty vehicles that bear the label referred to in subparagraph 53(d)(i) — must bear a compliance label that sets out the following information:

(a)subject to subsection (2), the statement “THIS VEHICLE CONFORMS TO ALL APPLICABLE STANDARDS PRESCRIBED BY THE CANADIAN REGULATIONS ENTITLED Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations IN EFFECT FOR MODEL YEAR [insert model year] / CE VÉHICULE EST CONFORME AUX NORMES QUI LUI SONT APPLICABLES PRÉVUES AU RÈGLEMENT CANADIEN INTITULÉ Règlement sur les émissions de gaz à effet de serre des véhicules lourds et de leurs moteurs EN VIGUEUR POUR L’ANNÉE DE MODÈLE [inscrire l’année de modèle]”;

(b)the name of the vehicle’s manufacturer;

(c)the vehicle’s model year if a national emissions mark is applied to the vehicle;

(d)subject to subsection (3), the date on which the vehicle’s main assembly is completed;

(e)the type of vehicle, in both official languages, referred to in paragraph 18(3)(a);

(f)the vehicle family’s or test group’s identification code, as the case may be;

(g)except in the case of a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor of the 2021 model year or a subsequent model year, the identification of the vehicle’s emission control system;

(h)in the case of a vocational vehicle or incomplete vocational vehicle referred to in subsection 26(3), the vehicle’s model year and a statement, in both official languages, that the vehicle is exempted under that subsection;

(i)in the case of a vocational tractor or vocational tractor that is an incomplete tractor, a statement, in both official languages, that the vehicle is a vocational tractor;

(j)in the case of a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor that is exempted under subsection 17(1), the vehicle’s model year and a statement, in both official languages, that the vehicle is exempted under that subsection;

(k)in the case of a Class 2B or Class 3 heavy-duty vehicle or cab-complete vehicle — excluding those that are vocational vehicles or incomplete vocational vehicles — the engine displacement and the CO₂ emission value determined by variable A in accordance with subsection 23(1) for that vehicle configuration and if applicable, the N₂O and CH₄ family emission limits;

(l)in the case of a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor referred to in subsection 12.2(2), a statement, in both official languages, that the vehicle is equipped with an engine that meets the conditions set out in that subsection 12.2(2) and conforms to the standards referred to in subsection 12.2(3);

(m)in the case of a hybrid vehicle referred to in subsection 12.2(4), a statement, in both official languages, that the vehicle is equipped with an engine that conforms to the applicable alternative standards referred to in that subsection; and

(n)in the case of a vocational vehicle or incomplete vocational vehicle in respect of which the company makes an election referred to in subsection 26(1.2), a statement to that effect, in both official languages, and the type of vocational vehicle or incomplete vocational vehicle referred to in column 1 of the table to that subsection.

(2)Paragraph (1)(a) does not apply if a national emissions mark is applied to the vehicle or if the information referred to in paragraph (1)(h) or (j) is set out on the label.

(3)The date referred to in paragraph (1)(d) may, instead of being set out on the label, be permanently affixed, engraved or stamped on the vehicle.

^note

9.1Trailers not certified by EPA#

(1)Every box van trailer and non-box trailer that is imported or manufactured in Canada — other than EPA-certified trailers that bear the U.S. emission control information label referred to in subparagraph 53(d)(i) — must bear a compliance label that sets out the following information:

(a)subject to subsection (2), the statement “THIS TRAILER CONFORMS TO ALL APPLICABLE STANDARDS PRESCRIBED BY THE CANADIAN REGULATIONS ENTITLED Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations IN EFFECT FOR MODEL YEAR [insert model year] / CETTE REMORQUE EST CONFORME AUX NORMES QUI LUI SONT APPLICABLES PRÉVUES AU RÈGLEMENT CANADIEN INTITULÉ Règlement sur les émissions de gaz à effet de serre des véhicules lourds et de leurs moteurs EN VIGUEUR POUR L’ANNÉE DE MODÈLE [inscrire l’année de modèle]”;

(b)the name of the trailer’s manufacturer;

(c)the trailer’s model year if a national emissions mark is applied to it;

(d)subject to subsection (3), the trailer’s date of manufacture;

(e)the type of trailer, in both official languages;

(f)the trailer family’s identification code; and

(g)in the case of a trailer that is exempted under section 17.1 or 17.2, a statement in both official languages that the trailer is exempted under that section and, if not already indicated under paragraph (c), the trailer’s model year.

(2)Paragraph (1)(a) does not apply if a national emissions mark is applied to the trailer.

(3)The trailer’s date of manufacture may, instead of being set out on the label, be permanently affixed, engraved or stamped on the trailer.

^note

10Requirements#

Any label that is required by these Regulations, other than a U.S. emission control information label or U.S. engine information label referred to in paragraph 53(d), must

(a)be applied to a conspicuous and readily accessible location;

(b)be permanently applied to the vehicle or the trailer and, in the case of an engine, be permanently applied to an engine part that is necessary for normal engine operation and does not normally require replacement during the engine’s useful life;

(c)be resistant to or protected against any weather condition;

(d)have lettering that is

(i)clear and indelible,

(ii)indented, embossed or in a colour that contrasts with the background colour of the label, and

(iii)in block capitals and numerals that are not less than 2 mm in height; and

(e)have units that are identified by the appropriate name or symbol.

^note

Vehicles Manufactured in Stages

11Requirements#

(1)If a company alters a heavy-duty vehicle or heavy-duty incomplete vehicle that was in conformity with these Regulations in such a manner that its stated type of vehicle referred to in paragraph 18(3)(a) is no longer accurate, or if the company alters the emission control system, alters an engine configuration in a way that might affect emissions or replaces any of the components of the vehicle that might alter the value of a parameter used in the GEM computer simulation model, the company must

(a)ensure that the U.S. emission control information label referred to in subparagraph 53(d)(i), the compliance label referred to in section 9 and the national emissions mark, as the case may be, remain applied to the altered vehicle;

(b)ensure that the vehicle, once altered, conforms to all applicable standards;

(c)apply to the altered vehicle an additional label that sets out the following information:

(i)the words “THIS VEHICLE WAS ALTERED BY / CE VÉHICULE A ÉTÉ MODIFIÉ PAR”, followed by the name of the company that altered the vehicle,

(ii)the month and year during which the alteration was made to the vehicle,

(iii)the national emissions mark, and

(iv)the type of vehicle referred to in paragraph 18(3)(a), if it differs from the type set out on the compliance label referred to in section 9 or if the regulatory subcategory that is set out on the U.S. emission control information label referred to in subparagraph 53(d)(i) is changed, as the case may be; and

(d)obtain and produce the evidence of conformity referred to in section 54 for the altered vehicle in a form and manner that is satisfactory to the Minister before the vehicle leaves its possession or control.

(2)The national emissions mark referred to in subparagraph (1)(c)(iii) must be displayed on a label applied to the vehicle immediately beside any previously applied label on which the national emissions mark appears or immediately beside the U.S. emission control information label referred to in subparagraph 53(d)(i).

(3)A company that alters a vehicle in accordance with this section must not participate in the CO₂ emission credit system set out in sections 34 to 47 with respect to that altered vehicle.

^note

Greenhouse Gas Emission Standards

General

Application

12January 1, 2014#

(1)Subject to subsection (2), these Regulations apply to vehicles for which the main assembly is completed on or after January 1, 2014.

(2)A company may elect to comply with these Regulations with respect to its heavy-duty vehicles of the 2014 model year for which the main assembly is completed before January 1, 2014 for the purpose of participation in the CO₂ emission credit system set out in sections 34 to 47.

12.1January 1, 2020#

These Regulations apply to trailers whose manufacture is completed on or after January 1, 2020.^note

Engine Installed in Heavy-duty Vehicle

12.2Vocational vehicles or tractors#

(1)Subject to subsections (2) and (4), every vocational vehicle, incomplete vocational vehicle, tractor and incomplete tractor whose main assembly is completed after the coming into force of this section must be equipped with a heavy-duty engine that conforms to the following standards:

(a)the standards set out in the On-Road Vehicle and Engine Emission Regulations that are applicable to heavy-duty engines as defined in subsection 1(1) of those Regulations that are of the following model year:

(i)in the case of a vehicle whose main assembly is completed before January 1, 2021, the model year of the engine with which the vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor is equipped, and

(ii)in the case of a vehicle whose main assembly is completed on or after January 1, 2021, the model year that corresponds to

(A)the calendar year during which the main assembly of the vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor in which the engine is installed is completed,

(B)the calendar year after the calendar year during which the main assembly of the vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor in which the engine is installed is completed, or

(C)if the conditions set out in subparagraph 4(3)(b)(i) or clause 4(3)(b)(ii)(A) or (B) are met, the calendar year before the calendar year during which the main assembly of the vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor in which the engine is installed is completed; and

(b)the standards set out in these Regulations that are applicable to engines that are of the following model year:

(ii)in the case of a vehicle whose main assembly is completed on or after January 1, 2021, the model year that corresponds to

(A)the calendar year during which the main assembly of the vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor in which the engine is installed is completed,

(2)A company may elect not to comply with subsection (1) for a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor if the company reports this election in its end of model year report in accordance with section 48 and the vehicle’s engine has previously been sold to a first retail purchaser and

(a)has not reached the end of its useful life since its original date of manufacture;

(b)has accumulated less than 160 935 km (100,000 miles) of operation since its original date of manufacture;

(c)less than three years have passed since its original date of manufacture; or

(d)is of the 2010 model year or a subsequent model year.

(3)The engine referred to in subsection (2) must conform to

(b)the standards set out in these Regulations that are applicable to engines that are of the model year corresponding to the engine’s original date of manufacture.

(4)In the case of vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors that are or are to become hybrid vehicles whose engine provides energy to the vehicle’s energy storage features, if there are no engines on the market that conform to the standards referred to in subsection (1) and that have the physical or performance characteristics necessary for the operation of the vehicle, a company may, for any given model year up to and including the 2027 model year, elect to equip up to 100 such vehicles with a heavy-duty engine that, instead of conforming to the standards referred to in that subsection, conforms to the alternative standards set out in section 10(g) or 11(g), as the case may be, of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR.

^note

Heavy-duty Vehicles, Heavy-duty Engines and Trailers Covered by EPA Certificate

13Conforming to EPA certificate#

(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.

(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.

(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).

(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.

(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.

(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.

(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.

(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.

(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.

(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).

(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.

(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).

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

^note

Emission Control Systems

14On-Road Vehicle and Engine Emission Regulations#

(1)An emission control system that is installed in a heavy-duty vehicle or heavy-duty engine for the purpose of conforming to the standards set out in these Regulations must comply with subsection 11(1) of the On-Road Vehicle and Engine Emission Regulations.

(2)A heavy-duty vehicle or heavy-duty engine must not be equipped with a defeat device.

(2.1)Despite subsection (2), an emergency vehicle may be equipped with a defeat device if the device is one that is activated during emergency response operations to maintain speed, torque or power in either of the following circumstances:

(a)the emission control system is in an abnormal state;

(b)the device acts to maintain the emission control system in a normal state.

(3)Subsections 11(3) and (4) of the On-Road Vehicle and Engine Emission Regulations apply except that the test procedures in question are the ones set out in these Regulations.

^note

Adjustable Parameters

15Definition of adjustable parameter#

(1)In this section, adjustable parameter means a device, system or element of design that is capable of being adjusted to affect the emissions or performance of a heavy-duty vehicle, heavy-duty engine or trailer during emission testing or normal in-use operation, but does not include a device, system or element of design that is permanently sealed by the manufacturer or that is inaccessible using ordinary tools.

(2)A heavy-duty vehicle, heavy-duty engine or trailer that is equipped with adjustable parameters must conform to the applicable standards under these Regulations for any specification within the adjustable range.

(3)A tractor’s roof fairing and a trailer’s rear fairing are not adjustable parameters for the purposes of this section.

^note

Air-conditioning Systems

16Standards#

A heavy-duty vehicle or heavy-duty incomplete vehicle that is equipped with an air-conditioning system must conform to

(a)section 1819(h) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR in the case of a Class 2B or Class 3 heavy-duty vehicle or cab-complete vehicle, other than a vocational vehicle or incomplete vocational vehicle; or

(b)section 115(e) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR in the case of a vocational vehicle or incomplete vocational vehicle of the 2021 model year or a subsequent model year or a tractor or incomplete tractor.

^note

Non-box Trailers and Non-aero Box Van Trailers

16.1Standards#

(1)For the 2020 model year and subsequent model years, every non-box trailer and non-aero box van trailer must be equipped with

(a)an automatic tire inflation system or tire pressure monitoring system for each wheel that is mounted on an axle; and

(b)tires with a tire rolling resistance level of

(i)in the case of non-box trailers,

(A)for the 2020 model year, 6 kg/t or less, or

(B)for the 2021 model year and subsequent model years, 5.1 kg/t or less , and

(ii)in the case of non-aero box van trailers,

(A)for the 2020 model year, 5.1 kg/t or less, or

(B)for the 2021 model year and subsequent model years, 4.7 kg/t or less.

(2)The tire rolling resistance level must be determined in accordance with the procedures described in sections 515(b) and 520(c) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR.

^note

Small Volume Companies

17Exemption#

(1)A company may elect, for a given model year, not to comply with the standards set out in any of subsections 26(1), (1.1), (1.2), (1.3) and (5) and 27(1), (1.1), (1.2) and (7), as the case may be, for its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors and, in the case of vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors that are covered by an EPA certificate, the company may elect not to comply with subsection 13(4), if the following conditions are met:

(a)it manufactured or imported in 2011 for sale in Canada in total less than 200 tractors and vocational vehicles;

(b)the number of vocational vehicles and tractors of the model year in question that it manufactures or imports for sale in Canada is fewer than 200; and

(c)it reports this election in its end of model year report in accordance with section 48.

(1.1)A company that makes an election referred to in subsection (1) may also make one or both of the elections set out in one of the following paragraphs in respect of the engines of a given model year that are installed in its vocational vehicles and tractors referred to in subsection (1) if it reports the election in its end of model year report in accordance with section 48:

(a)in the case of heavy-duty engines other than those that are covered by an EPA certificate, not to comply with

(i)the N₂O and CH₄ emission standards set out in section 29, or

(ii)the CO₂ emission standards set out in section 30 or subsection 31(1), (2) or (5); and

(b)in the case of heavy-duty engines that are covered by an EPA certificate, not to comply with subsection 13(7.1) or (8).

(2)A company that makes an election referred to in subsection (1) or (1.1) must not participate in the CO₂ emission credit system set out in sections 34 to 47 for the model year in question.

(3)If a company merges with one or more companies after the day on which these Regulations come into force, the company that results from the merger may make an election referred to in subsection (1) or (1.1) if the combined number of vocational vehicles and tractors manufactured or imported for sale in Canada by the merged companies under each of paragraphs (1)(a) and (b) is fewer than 200.

(4)If a company acquires one or more companies, it must

(a)in the case where the company made an election referred to in subsection (1) or (1.1) before the acquisition, recalculate the number of vocational vehicles and tractors that it manufactured or imported for sale in Canada under each of paragraphs (1)(a) and (b) by adding to that number the number of vocational vehicles and tractors that were manufactured or imported for sale in Canada by each of the acquired companies and report the total number in its first end of model year report following the acquisition; and

(b)in the case where the company makes an election referred to in subsection (1) or (1.1) after the acquisition, calculate the number of vocational vehicles and tractors that it manufactured or imported for sale in Canada under each of paragraphs (1)(a) and (b) by adding to that number the number of vocational vehicles and tractors that were manufactured or imported for sale in Canada by each of the acquired companies.

^note

17.1Exemption — trailers manufactured before January 1, 2021#

A company may elect not to comply with the standards set out in section 16.1 or 33.1, as the case may be, for its trailers whose manufacture is completed before January 1, 2021, if

(a)in 2020 it manufactures or imports for sale in Canada fewer than 100 trailers in total; and

(b)it reports the election in its end of model year report in accordance with section 48.

^note

17.2Exemption — trailers of the 2020 to 2026 model years#

For trailers of the 2020 to 2026 model years, a company may elect not to comply with the standards set out in section 16.1 or 33.1, as the case may be, for a certain number of its trailers of a given model year if

(a)the number of trailers in respect of which it makes the election does not exceed

(i)in the case of box van trailers, 20% of the number of box van trailers of the model year in question that it manufactures or imports for sale in Canada or 25, whichever is less, and

(ii)in the case of non-box trailers, 20% of the number of non-box trailers of the model year in question that it manufactures or imports for sale in Canada or 20, whichever is less; and

(b)it reports the election in its end of model year report in accordance with section 48.

^note

Composition of Fleets

18Definition of fleet#

(1)In these Regulations, fleet refers to the heavy-duty vehicles, heavy-duty engines and full-aero box van trailers that a company imports or manufactures in Canada for the purpose of sale in Canada to the first retail purchaser and that are grouped in accordance with this section for the purpose of conforming to sections 21 to 23 or for the purpose of participation in the CO₂ emission credit system set out in sections 34 to 47 or 47.1 to 47.5, as the case may be.

(2)A company may elect to exclude from its fleets

(a)the heavy-duty vehicles, heavy-duty engines and full-aero box van trailers that it manufactures and that are to be used in Canada solely for the purpose of exhibition, demonstration, evaluation or testing, if it reports that election in its end of model year report; and

(b)the heavy-duty vehicles, heavy-duty engines and full-aero box van trailers that it imports and that are to be used in Canada solely for the purpose of exhibition, demonstration, evaluation or testing, if it makes a declaration in accordance with section 60 and it reports that election in its end of model year report.

(3)A company may group all of its heavy-duty vehicles or heavy-duty engines of the same type and model year into more than one fleet as follows:

(a)in the case of heavy-duty vehicles and subject to subsections (4) to (7), section 25 and subsections 26(6), (7.1) and (7.2) and 27(8.1) and (8.2), each fleet is composed solely of the vehicles referred to in one of the following subparagraphs or clauses, as the case may be:

(i)Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles,

(ii)for vocational vehicles and incomplete vocational vehicles of the 2020 model year or an earlier model year,

(A)those vehicles that are or are to become light heavy-duty vehicles,

(B)those vehicles that are or are to become medium heavy-duty vehicles, or

(C)those vehicles that are or are to become heavy heavy-duty vehicles,

(iii)for multi-purpose vocational vehicles and incomplete vocational vehicles that are to become multi-purpose vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a compression-ignition engine,

(A)those vehicles that are or are to become light heavy-duty vehicles,

(B)those vehicles that are or are to become medium heavy-duty vehicles, or

(C)those vehicles that are or are to become heavy heavy-duty vehicles,

(iv)for regional vocational vehicles and incomplete vocational vehicles that are to become regional vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a compression-ignition engine,

(A)those vehicles that are or are to become light heavy-duty vehicles,

(B)those vehicles that are or are to become medium heavy-duty vehicles, or

(C)those vehicles that are or are to become heavy heavy-duty vehicles,

(v)for urban vocational vehicles and incomplete vocational vehicles that are to become urban vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a compression-ignition engine,

(A)those vehicles that are or are to become light heavy-duty vehicles,

(B)those vehicles that are or are to become medium heavy-duty vehicles, or

(C)those vehicles that are or are to become heavy heavy-duty vehicles,

(vi)for multi-purpose vocational vehicles and incomplete vocational vehicles that are to become multi-purpose vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a spark-ignition engine,

(A)those vehicles that are or are to become light heavy-duty vehicles, or

(B)those vehicles that are or are to become medium heavy-duty vehicles,

(vii)for regional vocational vehicles and incomplete vocational vehicles that are to become regional vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a spark-ignition engine,

(A)those vehicles that are or are to become light heavy-duty vehicles, or

(B)those vehicles that are or are to become medium heavy-duty vehicles,

(viii)for urban vocational vehicles and incomplete vocational vehicles that are to become urban vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a spark-ignition engine,

(A)those vehicles that are or are to become light heavy-duty vehicles, or

(B)those vehicles that are or are to become medium heavy-duty vehicles,

(ix)Class 7 low-roof tractors and incomplete tractors,

(x)Class 7 mid-roof tractors and incomplete tractors,

(xi)Class 7 high-roof tractors and incomplete tractors,

(xii)for Class 8 tractors and incomplete tractors of the 2020 model year or an earlier model year,

(A)those that are low-roof and are equipped with a day cab,

(B)those that are low-roof and are equipped with a sleeper cab,

(C)those that are mid-roof and are equipped with a day cab,

(D)those that are mid-roof and are equipped with a sleeper cab,

(E)those that are high-roof and are equipped with a day cab, or

(F)those that are high-roof and are equipped with a sleeper cab,

(xiii)for Class 8 tractors and incomplete tractors of the 2021 model year or a subsequent model year that have a GCWR of less than 43 998 kg (97,000 pounds),

(A)those that are low-roof and are equipped with a day cab,

(B)those that are low-roof and are equipped with a sleeper cab,

(C)those that are mid-roof and are equipped with a day cab,

(D)those that are mid-roof and are equipped with a sleeper cab,

(E)those that are high-roof and are equipped with a day cab, or

(F)those that are high-roof and are equipped with a sleeper cab,

(xiv)for Class 8 tractors and incomplete tractors of the 2021 model year or a subsequent model year that have a GCWR of 43 998 kg (97,000 pounds) or more, but less than 54 431 kg (120,000 pounds),

(A)those that are low-roof and are equipped with a day cab,

(B)those that are low-roof and are equipped with a sleeper cab,

(C)those that are mid-roof and are equipped with a day cab,

(D)those that are mid-roof and are equipped with a sleeper cab,

(E)those that are high-roof and are equipped with a day cab, or

(F)those that are high-roof and are equipped with a sleeper cab,

(xv)for Class 8 tractors and incomplete tractors of the 2021 model year or a subsequent model year that have a GCWR of 54 431 kg (120,000 pounds) or more, other than those that are or are to become heavy-haul tractors,

(A)those that are low-roof and are equipped with a day cab,

(B)those that are low-roof and are equipped with a sleeper cab,

(C)those that are mid-roof and are equipped with a day cab,

(D)those that are mid-roof and are equipped with a sleeper cab,

(E)those that are high-roof and are equipped with a day cab, or

(F)those that are high-roof and are equipped with a sleeper cab,

(xvi)heavy-haul tractors and incomplete tractors that are to become heavy-haul tractors;

(b)in the case of heavy-duty engines and subject to subsections (8) and (9), each fleet is composed solely of the engines referred to in one of the following subparagraphs:

(i)spark-ignition engines other than heavy heavy-duty engines of the 2021 model year or a subsequent model year,

(ii)light heavy-duty engines that are compression-ignition engines and that are designed to be used in vocational vehicles and incomplete vocational vehicles,

(iii)medium heavy-duty engines that are compression-ignition engines and that are designed to be used in vocational vehicles and incomplete vocational vehicles,

(iv)heavy heavy-duty engines that are spark-ignition engines of the 2021 model year or a subsequent model year or compression-ignition engines and that are designed to be used in vocational vehicles and incomplete vocational vehicles,

(v)medium heavy-duty engines that are compression-ignition engines and that are designed to be used in tractors and incomplete tractors, or

(vi)heavy heavy-duty engines that are spark-ignition engines of the 2021 model year or a subsequent model year or compression-ignition engines and that are designed to be used in tractors and incomplete tractors;

(c)in the case of full-aero box van trailers and subject to subsection (10), each fleet is composed solely of the trailers referred to in one of the following subparagraphs:

(i)short dry box van trailers,

(ii)long dry box van trailers,

(iii)short refrigerated box van trailers,

(iv)long refrigerated box van trailers.

(4)For the purposes of subparagraph (3)(a)(i), all of the following heavy-duty vehicles must be grouped into one separate fleet of Class 2B and Class 3 heavy-duty vehicles:

(a)for the 2020 model year or an earlier model year, hybrid vehicles that have regenerative braking;

(b)vehicles equipped with an engine that includes a Rankine-cycle or other bottoming cycle exhaust energy recovery system;

(c)electric vehicles;

(d)fuel cell vehicles;

(e)vehicles that are manufactured with innovative technologies; and

(f)for the 2021 model year and subsequent model years, plug-in hybrid vehicles.

(5)For the purposes of subparagraph (3)(a)(i) and subsection 20(3), the vehicles in the fleet that exceed the standards set out in subsection 20(1) and have more than one N₂O or CH₄ family emission limit must be grouped into subfleets that include vehicles with identical N₂O or CH₄ family emission limits, as the case may be, and that are of the same test group.

(6)For the purposes of subparagraphs (3)(a)(ii) to (xvi), all heavy-duty vehicles of a fleet must

(a)if applicable, be hybrid vehicles of the 2020 model year or an earlier model year that have regenerative braking, vehicles equipped with an engine that includes a Rankine-cycle or other bottoming cycle exhaust energy recovery system, electric vehicles, fuel cell vehicles, vehicles manufactured with innovative technologies or plug-in hybrid vehicles of the 2021 model year or a subsequent model year; and

(b)be grouped into subfleets that include vehicles with identical CO₂ family emission limits if the vehicles in the fleet have more than one family emission limit.

(6.1)For the purposes of paragraph (3)(a), if a company has made the election referred to in subsection 28(2) in respect of a number of its vocational tractors, those vocational tractors must be grouped into fleets composed solely of vocational tractors that meet the description set out in, as the case may be, subparagraph (3)(a)(ii), (iii), (iv), (v), (vi), (vii) or (viii).

(6.2)For the purposes of subparagraphs (3)(a)(ii) to (viii), vocational vehicles that are of a type referred to in the table to subsection 26(1.2) and in respect of which a company has made the election referred to in that subsection must be grouped into separate fleets with each fleet being composed solely of vehicles of the same type.

(7)If a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor model straddles a roof height, cab type or GVWR division, a company may elect to group all those vehicles into the same fleet if they conform to the most stringent standards applicable to a vehicle in the fleet.

(8)For the purposes of paragraph (3)(b), all heavy-duty engines of a fleet must be of the same engine family or engine subfamily, as the case may be, and have, taking into account section 205(e) of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR,

(a)an identical CO₂ family certification level; and

(b)identical N₂O and CH₄ family emission limits.

(9)For the purposes of subsection (8), the CO₂ family certification level and the N₂O and CH₄ family emission limits for the model year in question are determined using the engine sales in Canada if none of the engines in the engine family or engine subfamily, as the case may be, are sold in the United States.

(10)For the purposes of paragraph (3)(c), if the full-aero box van trailers in a fleet have more than one family emission limit, a company must group those trailers into subfleets that include trailers with an identical CO₂ family emission limit.

^note

Grouping into Fleets

19Election applicable to all vehicles and engines#

If a company makes the election referred to in subsection 22(4), 26(7), 27(8) or 33(1) for a fleet of heavy-duty vehicles or heavy-duty engines that it manufactures or imports, that election applies to all the vehicles and engines of that fleet.

Class 2B and Class 3 Heavy-duty Vehicles

N2O and CH4 Emissions

20Standards#

(1)For the 2014 model year and subsequent model years, every Class 2B and Class 3 heavy-duty vehicle and cab-complete vehicle that is not a vocational vehicle or incomplete vocational vehicle must, for the duration of its useful life, have N₂O and CH₄ emission values that do not exceed 0.05 g/mile.

(2)The N₂O and CH₄ emission values must be calculated in accordance with section 24.

(3)A company that manufactures or imports vehicles referred to in subsection (1) whose N₂O emission value or CH₄ emission value exceeds the emission standard set out in that subsection must group those vehicles of a given model year into a fleet and, if applicable, subfleets in accordance with section 18 and must calculate the N₂O or CH₄ emission deficit, as the case may be, for that fleet or each of those subfleets, expressed in megagrams of CO₂, using the formula

(3.1)For the purposes of subsection (3), if both the N₂O emission value and the CH₄ emission value exceed 0.05 g/mile, the N₂O and CH₄ emission deficits must be calculated separately.

(4)For the purposes of subsection (3), every vehicle within a fleet or subfleet must conform to the N₂O or CH₄ family emission limit for the fleet or subfleet, as the case may be.

(5)The deficit calculated under subsection (3) must be offset by using the CO₂ emission credits obtained in accordance with sections 34 to 47 for the averaging set in which the fleet is included.

(6)For greater certainty, the company must not obtain CO₂ emission credits with respect to N₂O and CH₄ emissions for the purpose of participation in the CO₂ emission credit system set out in sections 34 to 47.

^note

CO2 Emissions

21Average standard#

(1)For the 2014 model year and subsequent model years, a company must group all of its Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — into a fleet based on model year in accordance with section 18 and must ensure that the fleet average CO₂ emission value calculated in accordance with section 23 for that fleet does not exceed the applicable fleet average CO₂ emission standard calculated in accordance with section 22 for the useful life of the vehicles of that fleet.

(2)When a company incurs a deficit based on the calculation referred to in subsection (1), it must offset the deficit by using the CO₂ emission credits obtained in accordance with sections 34 to 47 for the averaging set in which the fleet is included.

^note

22Calculation of average standard#

(1)Subject to subsection (6), a company must calculate the fleet average CO₂ emission standard for a given model year, expressed in grams of CO₂ per mile and rounded to the nearest gram of CO₂ per mile, for its fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — using the formula

(2)Subject to subsection (4), the CO₂ emission target value for each vehicle subconfiguration in a fleet must be calculated using the applicable formula set out in one of the following paragraphs:

(a)for vehicles that are equipped with a spark-ignition engine, the formula set out in column 2 of the table to this paragraph for the model year set out in column 1, where WF is the work factor for each vehicle subconfiguration, calculated using the formula set out in subsection (3) and rounded to the nearest pound; | Column 1 | Column 2Item | Model Year | CO2 Emission Target (grams/mile)1 | 2014 | (0.0482 × WF) + 3712 | 2015 | (0.0479 × WF) + 3693 | 2016 | (0.0469 × WF) + 3624 | 2017 | (0.0460 × WF) + 3545 | 2018 to 2020 | (0.0440 × WF) + 3396 | 2021 | (0.0429 × WF) + 3317 | 2022 | (0.0418 × WF) + 3228 | 2023 | (0.0408 × WF) + 3149 | 2024 | (0.0398 × WF) + 30610 | 2025 | (0.0388 × WF) + 29911 | 2026 | (0.0378 × WF) + 29112 | 2027 and subsequent | (0.0369 × WF) + 284

(b)for vehicles that are equipped with a compression-ignition engine or that operate without an internal combustion engine, the formula set out in column 2 of the table to this paragraph for the model year set out in column 1, where WF is the work factor for each vehicle subconfiguration, calculated using the formula set out in subsection (3) and rounded to the nearest pound. | Column 1 | Column 2Item | Model Year | CO2 Emission Target (grams/mile)1 | 2014 | (0.0478 × WF) + 3682 | 2015 | (0.0474 × WF) + 3663 | 2016 | (0.0460 × WF) + 3544 | 2017 | (0.0445 × WF) + 3435 | 2018 to 2020 | (0.0416 × WF) + 3206 | 2021 | (0.0406 × WF) + 3127 | 2022 | (0.0395 × WF) + 3048 | 2023 | (0.0386 × WF) + 2979 | 2024 | (0.0376 × WF) + 28910 | 2025 | (0.0367 × WF) + 28211 | 2026 | (0.0357 × WF) + 27512 | 2027 and subsequent | (0.0348 × WF) + 268

(3)The work factor for each vehicle subconfiguration is calculated using the formula

(4)For vehicles of the 2016 to 2018 model years, a company may, instead of calculating the CO₂ emission target value in accordance with subsection (2), elect to calculate that target value for each of those model years using the formula set out in either of the following paragraphs, whichever applies:

(a)for vehicles that are equipped with a spark-ignition engine,

(b)for vehicles that are equipped with a compression-ignition engine or that operate without an internal combustion engine,

(5)[Repealed, SOR/2018-98, s. 24] (repealed)

(6)A company may group vehicle subconfigurations of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — within a vehicle configuration for the purpose of calculating the fleet average CO₂ emission standard if

(a)the vehicles of each subconfiguration have the same test weight, GVWR and GCWR, and the work factor and target value are calculated assuming a curb weight equal to two times the test weight minus the GVWR; or

(b)the lowest target value of a vehicle subconfiguration is used for all vehicle subconfigurations.

^note

23Calculation of average values#

(1)A company must calculate the fleet average CO₂ emission value for a given model year, expressed in grams of CO₂ per mile for its fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — by using the formula

(2)When a company calculates the fleet average CO₂ emission value in accordance with this section, it must use the data and values from one or more vehicle configurations that represent at least 90% of its number of vehicles for the fleet.

^note

Test Methods and Calculations

24General#

(1)The N₂O, CH₄ and CO₂ emission values for Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles and the vehicles referred to in subsection (2) — must be determined in accordance with subsection (3) or (4), as the case may be, and

(a)using

(i)the test procedures, fuels and calculation methods set out for the FTP-based city test and the HFET-based highway test, and

(ii)the adjusted loaded vehicle weight and the deterioration factors determined using the durability procedures and method prescribed in section 1823(m) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR; and

(b)taking into account

(i)sections 1819(d)(4) and (5) and 1819(k)(6) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, and

(ii)the altitude testing conditions set out in sections 1819(a)(5) and 1865(h)(3) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

(2)In the case of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — that are electric vehicles or fuel cell vehicles, the N₂O, CH₄ and CO₂ emission values are considered to be 0 grams per mile.

(3)In the case of Class 2B or Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — that are designed to operate on two or more different fuel types, either separately or simultaneously, the N₂O, CH₄ and CO₂ emission values for a given vehicle or vehicle configuration, as the case may be, must be determined using

(a)in the case of N₂O and CH₄ emissions, the highest of the following averages:

(i)the arithmetic average of the FTP-based city test and HFET-based highway test emission values, determined in accordance with this section, for that vehicle configuration, weighted 0.55 and 0.45 respectively, tested on gasoline or diesel fuel, and

(ii)the arithmetic average of the FTP-based city test and HFET-based highway test emission values, determined in accordance with this section, for that vehicle configuration, weighted 0.55 and 0.45 respectively, tested on the alternative fuel; and

(b)in the case of CO₂ emissions, the formula

(4)In the case of other Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — the N₂O, CH₄ and CO₂ emission values must be determined as follows:

(a)in the case of N₂O and CH₄ emissions, by calculating the arithmetic average of the FTP-based city test and HFET-based highway test emission values, weighted 0.55 and 0.45 respectively; and

(b)in the case of CO₂ emissions,

(i)by making the calculation set out in paragraph (a), or

(ii)by calculating the CO₂ emission rate in accordance with section 1819(g) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

^note

Special Grouping — Vehicles and Engines

25Spark-ignition engines#

A company may elect to include heavy-duty engines of the 2023 model year or an earlier model year that are spark-ignition engines in a fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — if the following conditions are met:

(a)the fleet is composed of vehicles equipped with engines of the same model year, design and hardware;

(b)the engines are

(i)installed in emergency vehicles, motor homes or heavy-duty incomplete vehicles that are not cab-complete vehicles, or

(ii)sold without being installed in a vehicle;

(c)the number of engines referred to in paragraph (b) represent not more than 10% of the number of engines — whether they are installed in vehicles or not — that are of the same model year, design and hardware in the fleet;

(d)instead of conforming to sections 29 and 30, the engines referred to in paragraph (b) conform to

(i)the N₂O and CH₄ emission standards and the calculations of the emission values referred to in section 20, and

(ii)the CO₂ emission target value and test result determined in accordance with section 1819(k)(8)(vii) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR; and

(e)the company reports its election in its end of model year report.

^note

Vocational Vehicles

26CO2 emission standards — 2014 to 2020 model years#

(1)Subject to subsections (3) and (5) to (7) and section 28, for the 2014 to 2020 model years, every vocational vehicle and incomplete vocational vehicle of a service class referred to in column 1 of the table to this subsection must, for the duration of its useful life, have a CO₂ emission rate that does not exceed the CO₂ emission standard set out in column 2 or 3 for the model year in question. | Column 1 | Column 2 | Column 3Item | Vehicle Service Class | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2014 to 2016 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2017 to 2020 Model Years1 | Light heavy-duty vehicles | 388 | 3732 | Medium heavy-duty vehicles | 234 | 2253 | Heavy heavy-duty vehicles | 226 | 222

(1.1)Subject to subsections (1.2), (1.3), (3) and (5) to (7) and section 28, for the 2021 model year and subsequent model years, every vocational vehicle and incomplete vocational vehicle that is referred to in this subsection and that is of a service class referred to in column 1 of the table to one of following subparagraphs must, for the duration of its useful life, have a CO₂ emission rate that does not exceed the CO₂ emission standard set out in column 2, 3 or 4 of that table for the model year in question:

(a)for multi-purpose vocational vehicles that are equipped with

(ii)a compression-ignition engine; | Column 1 | Column 2 | Column 3 | Column 4Item | Vehicle Service Class | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2021 to 2023 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2024 to 2026 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2027 and Subsequent Model Years1 | Light heavy-duty vehicles | 373 | 344 | 3302 | Medium heavy-duty vehicles | 265 | 246 | 2353 | Heavy heavy-duty vehicles | 261 | 242 | 230

(b)for regional vocational vehicles that are equipped with

(ii)a compression-ignition engine; and | Column 1 | Column 2 | Column 3 | Column 4Item | Vehicle Service Class | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2021 to 2023 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2024 to 2026 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2027 and Subsequent Model Years1 | Light heavy-duty vehicles | 311 | 296 | 2912 | Medium heavy-duty vehicles | 234 | 221 | 2183 | Heavy heavy-duty vehicles | 205 | 194 | 189

(c)for urban vocational vehicles that are equipped with

(ii)a compression-ignition engine. | Column 1 | Column 2 | Column 3 | Column 4Item | Vehicle Service Class | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2021 to 2023 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2024 to 2026 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2027 and Subsequent Model Years1 | Light heavy-duty vehicles | 424 | 385 | 3672 | Medium heavy-duty vehicles | 296 | 271 | 2583 | Heavy heavy-duty vehicles | 308 | 283 | 269

(1.2)Subject to subsection (1.3), for the 2021 model year and subsequent model years, a company may elect to have one or more of its vocational vehicles or incomplete vocational vehicles that are of a type referred to in column 1 of the table to this subsection conform, for the duration of their useful life, to the CO₂ emission standard set out in column 2 or 3 for the model year in question instead of the CO₂ emission standards set out in subsection (1.1). | Column 1 | Column 2 | Column 3Item | Type | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2021 to 2026 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2027 and Subsequent Model Years1 | Motor home | 228 | 2262 | School bus | 291 | 2713 | Coach bus | 210 | 2054 | Other bus | 300 | 2865 | Waste collection vehicle (see note) | 313 | 2986 | Concrete mixer | 319 | 3167 | Mixed-use vocational vehicle | 319 | 3168 | Emergency vehicle | 324 | 319Note: For the purposes of item 5, waste collection vehicle means a vocational vehicle designed primarily to collect, compact and transport solid waste or recyclable materials.

(1.3)For the 2021 model year and subsequent model years, a company may elect to have one or more of its motor homes, concrete mixers, mixed-use vocational vehicles and emergency vehicles conform to the following standards instead of the CO₂ emission standards set out in subsection (1.1) or (1.2):

(a)in the case of motor homes, the vehicles must be equipped with an automatic tire inflation system or tire pressure monitoring system for each wheel that is mounted on an axle; and

(b)in the case of vocational vehicles or incomplete vocational vehicles that are of a type referred to in column 1 of the table to this paragraph, the vehicles must be equipped with tires that have a tire rolling resistance level that is not more than the maximum level set out in column 2 or 3 for the model year in question. | Column 1 | Column 2 | Column 3Item | Type | Maximum Tire Rolling Resistance Level (kilograms per tonne) for 2021 to 2026 Model Years | Maximum Tire Rolling Resistance Level (kilograms per tonne) for 2027 and Subsequent Model Years1 | Motor home | 6.7 | 6.02 | Concrete mixer | 7.6 | 7.13 | Mixed-use vocational vehicle | 7.6 | 7.14 | Emergency vehicle | 8.7 | 8.4

(2)The CO₂ emission rate must be determined in accordance with sections 501 and 520 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR,

(a)using the version of the GEM computer simulation model that is applicable to the model year in question;

(b)in the case of vocational vehicles and incomplete vocational vehicles of the 2021 model year or a subsequent model year, using the applicable regulatory subcategory in accordance with section 150(z) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR; and

(c)in the case of vocational vehicles and incomplete vocational vehicles of the 2021 model year or a subsequent model year that are plug-in hybrid vehicles or fuel cell vehicles powered by any fuel other than hydrogen, taking into account the powertrain testing procedure set out in section 550 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR.

(2.1)For the purposes of subsection (2),

(a)a reference in the CFR to “regulatory subcategory” is to be read as a reference to the fleet referred to in one of subparagraphs 18(3)(a)(ii) to (viii) that includes the same type of vehicles as those to which the simulation model is being applied; and

(b)motor homes and coach buses are to be treated as regional vocational vehicles and the other types of vocational vehicles or incomplete vocational vehicles referred to in column 1 of the table to subsection (1.2) are to be treated as urban vocational vehicles.

(2.2)For the purposes of this section and sections 34 to 47, the CO₂ emission rate of vocational vehicles and incomplete vocational vehicles of the 2021 model year or a subsequent model year that are electric vehicles or fuel cell vehicles powered by hydrogen is zero grams of CO₂ per short ton-mile.

(3)The vocational vehicles and incomplete vocational vehicles referred to in subsections (1) and (1.1) do not include

(a)vehicles whose main assembly is completed before January 1, 2021 and that are equipped with tires with a maximum speed rating of not more than 88 km/h (55 miles per hour); and

(b)vehicles

(i)that are designed to operate at low speeds unsuitable for normal highway operation or that have affixed components designed to operate in an off-road environment, and

(ii)that

(A)have an axle that has a GAWR of 13 154 kg (29,000 pounds) or more,

(B)cannot attain a speed of more than 53 km/h (33 miles per hour) over 3.2 km (2 miles),

(C)cannot attain a speed of more than 72 km/h (45 miles per hour) over 3.2 km (2 miles), have an unloaded vehicle weight that is not less than 95% of their GVWR and cannot carry occupants other than the driver and operating crew, or

(D)cannot attain a speed of more than 87 km/h (54 miles per hour)

(I)due to parameters that are not adjustable parameters as defined in subsection 15(1), or

(II)without the engine with which it is equipped being at 95% or more of its maximum test speed in the highest available gear ratio.

(4)The vehicles referred to in subsections (1.3) and (3) are not eligible for participation in the CO₂ emission credit system set out in sections 34 to 47.

(4.1)For greater certainty, CO₂ emission credits for weight reduction technologies other than those that are referred to in section 520(e) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR may be obtained under section 41.

(5)For any given vehicle referred to in subsection (1) or (1.1), a company may elect to have the vehicle conform to the emission standards set out in subsection (1) or (1.1) that are applicable to a vehicle service class that includes vehicles that are heavier than those included in the vehicle service class to which the vehicle belongs, for a period that is equivalent to the useful life of those heavier vehicles, instead of the standards set out in subsection (1) or (1.1) that are applicable to the vehicle service class to which the vehicle belongs.

(6)In the case of vocational vehicles and cab-complete vocational vehicles that are equipped with a spark-ignition engine, a company may elect to have one or more of its vehicles conform to the standards referred to in sections 20 to 23 that are applicable to Class 2B and Class 3 heavy-duty vehicles, taking into account section 1819(j) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, instead of the standards set out in subsection (1) or (1.1) and sections 29 and 30, if the following conditions are met:

(a)those vehicles are grouped into the fleet referred to in subparagraph 18(3)(a)(i);

(b)the company participates in the CO₂ emission credit system set out in sections 34 to 47 as if the vocational vehicles and cab-complete vocational vehicles were Class 2B or Class 3 heavy-duty vehicles that are subject to the standards referred to in sections 20 to 23; and

(c)the company reports its election in its end of model year report.

(7)A company may, instead of complying with subsection (1), (1.1) or (1.2) for all of its vocational vehicles and incomplete vocational vehicles of a given model year, elect to group those vocational vehicles and incomplete vocational vehicles 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 34 to 47.

(7.1)If a company makes an election under subsection (5) in respect of a vocational vehicle or incomplete vocational vehicle, the company may group all of its vocational vehicles and incomplete vocational vehicles of a given 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 34 to 47, but must not obtain any credits or additional credits in respect of the vehicles that conform to that standard, except in accordance with sections 34 to 41 in the following cases:

(a)if the company elects to have all of its vocational vehicles or incomplete vocational vehicles of a given service class and model year conform to the standards that apply in respect of a vehicle service class that includes vehicles that are heavier than those included in the vehicle service class to which the vehicles belong, for a period that is equivalent to the useful life of those heavier vehicles, the vehicles must be grouped in the same fleet or subfleet, as the case may be, as those heavier vehicles; or

(b)if the company elects to have one or more of its medium heavy-duty vehicles that are or are to become Class 8 hybrid vehicles equipped with a light heavy-duty engine or medium heavy-duty engine conform to the compression-ignition engine standards that apply in respect of vehicles of the heavy heavy-duty vehicle service class, for a period that is equivalent to the useful life of those heavier vehicles, the vehicles must be grouped in the same fleet or subfleet, as the case may be, as those heavier vehicles.

(7.2)If a company makes an election under subsection (5) in respect of one or more of its vocational vehicles or incomplete vocational vehicles and the CO₂ emission rate of one or more of those vehicles exceeds the CO₂ emission standard that applies in respect of the vehicle service class that includes vehicles that are heavier than those included in the vehicle service class to which the vehicles belong, the vehicles must be grouped in the same fleet or subfleet, as the case may be, as those heavier vehicles in accordance with section 18 and the company must participate in the CO₂ emission credit system set out in sections 34 to 47.

(8)For the purposes of subsections (7) to (7.2), every vocational vehicle and incomplete vocational vehicle included within a fleet or subfleet must conform to the CO₂ family emission limit for the fleet or subfleet, as the case may be.

(9)[Repealed, SOR/2018-98, s. 28] (repealed)

^note

Tractors

27CO2 emission standards — 2014 to 2020 model years#

(1.1)Subject to subsections (1.2), (7) and (8) and section 28, for the 2021 model year and subsequent model years, every tractor and incomplete tractor of a class referred to in column 1 of the table to one of the following paragraphs and possessing the characteristics referred to in column 2 must, for the duration of its useful life, have a CO₂ emission rate that does not exceed the CO₂ emission standard set out in column 3, 4 or 5 of that table for the model year in question:

(a)in the case of a tractor or incomplete tractor that has a GCWR of less than 43 998 kg (97,000 pounds), | Column 1 | Column 2 | Column 3 | Column 4 | Column 5Item | Class | Characteristics | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2021 to 2023 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2024 to 2026 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2027 and Subsequent Model Years1 | Class 7 | Low-roof | 105.5 | 99.8 | 96.22 | Class 7 | Mid-roof | 113.2 | 107.1 | 103.43 | Class 7 | High-roof | 113.5 | 106.6 | 100.04 | Class 8 | Low-roof with day cab | 80.5 | 76.2 | 73.45 | Class 8 | Low-roof with sleeper cab | 72.3 | 68.0 | 64.16 | Class 8 | Mid-roof with day cab | 85.4 | 80.9 | 78.07 | Class 8 | Mid-roof with sleeper cab | 78.0 | 73.5 | 69.68 | Class 8 | High-roof with day cab | 85.6 | 80.4 | 75.79 | Class 8 | High-roof with sleeper cab | 75.7 | 70.7 | 64.3

(b)in the case of a tractor or incomplete tractor that has a GCWR of 43 998 kg (97,000 pounds) or more, but less than 54 431 kg (120,000 pounds), or | Column 1 | Column 2 | Column 3 | Column 4 | Column 5Item | Class | Characteristics | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2021 to 2023 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2024 to 2026 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2027 and Subsequent Model Years1 | Class 8 | Low-roof with day cab | 82.8 | 79.1 | 76.62 | Class 8 | Low-roof with sleeper cab | 74.8 | 71.2 | 67.83 | Class 8 | Mid-roof with day cab | 87.9 | 84.0 | 81.44 | Class 8 | Mid-roof with sleeper cab | 80.8 | 76.9 | 73.65 | Class 8 | High-roof with day cab | 88.2 | 83.5 | 79.06 | Class 8 | High-roof with sleeper cab | 78.4 | 73.9 | 68.0

(c)in the case of a tractor or incomplete tractor that has a GCWR of 54 431 kg (120,000 pounds) or more, | Column 1 | Column 2 | Column 3 | Column 4 | Column 5Item | Class | Characteristics | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2021 to 2023 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2024 to 2026 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2027 and Subsequent Model Years1 | Class 8 | Low-roof with day cab | 53.5 | 50.8 | 48.92 | Class 8 | Low-roof with sleeper cab | 47.1 | 44.5 | 42.43 | Class 8 | Mid-roof with day cab | 55.6 | 52.8 | 50.84 | Class 8 | Mid-roof with sleeper cab | 49.6 | 46.9 | 44.75 | Class 8 | High-roof with day cab | 54.5 | 51.4 | 48.66 | Class 8 | High-roof with sleeper cab | 47.1 | 44.2 | 41.0

(1.2)For the 2021 model year and subsequent model years, a company may elect to have one or more of its heavy-haul tractors and incomplete tractors that are to become heavy-haul tractors conform, for the duration of their useful life, to a CO₂ emission rate that does not exceed the following CO₂ emission standard instead of having them conform to the applicable standard set out in paragraph (1.1)(c):

(a)for the 2021 to 2023 model years, 52.4 grams of CO₂ per short ton-mile;

(b)for the 2024 to 2026 model years, 50.2 grams of CO₂ per short ton-mile; and

(c)for the 2027 model year and subsequent model years, 48.3 grams of CO₂ per short ton-mile.

(2)The CO₂ emission rate must be determined in accordance with sections 501 and 520 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR,

(a)using the version of the GEM computer simulation model applicable for the model year in question; and

(b)in the case of tractors and incomplete tractors of the 2021 model year or a subsequent model year that are plug-in hybrid vehicles or fuel cell vehicles powered by any fuel other than hydrogen, taking into account the powertrain testing procedure set out in section 550 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR.

(3)For the purposes of subsection (2), a reference in the CFR to “regulatory subcategory” is to be read as a reference to the fleet referred to in one of subparagraphs 18(3)(a)(ix) to (xvi) that includes the same type of tractors and incomplete tractors as those to which the simulation model is being applied but, in the case of tractors and incomplete tractors of the 2021 model year or a subsequent model year that have a GCWR of 43 998 kg (97,000 pounds) or more, but less than 54 431 kg (120,000 pounds), is to be read as a reference to the fleet referred to in subparagraph 18(3)(a)(xiii).

(4)For the purposes of this section and sections 34 to 47, the CO₂ emission rate of tractors and incomplete tractors of the 2021 model year or a subsequent model year that are electric vehicles or fuel cell vehicles powered by hydrogen is zero grams of CO₂ per short ton-mile.

(5)For greater certainty, CO₂ emission credits for weight reduction technologies other than those that are referred to in section 520(e) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR may be obtained under section 41.

(6)Instead of the coastdown method referred to in section 525 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, a company may elect to measure the tractor’s drag area (C_dA) in accordance with any other method referred to in that section if the test results are adjusted to correlate with test results that would be obtained if the coastdown method were used, as specified in that section, and if

(a)in the case of a tractor that is covered by an EPA certificate, the election has been approved by the EPA for that tractor and the company provides the Minister with evidence of the EPA approval; and

(b)in the case of a tractor that is not covered by an EPA certificate, the company provides the Minister with evidence demonstrating that the alternative method for measuring the tractor’s drag area referred to in this subsection is more representative of that tractor’s drag area.

(7)For any given tractor or incomplete tractor referred to in subsection (1) or (1.1) that is or is to become a Class 7 tractor, a company may elect to have it conform to the emission standards set out in subsection (1) or (1.1) that are applicable to a Class 8 tractor of the same model year with the same characteristics, for a period that is equivalent to the useful life of those Class 8 tractors, instead of the standards set out in subsection (1) or (1.1) that are applicable to Class 7 tractors.

(8)A company may, instead of complying with subsection (1), (1.1) or (1.2) for all of its tractors and incomplete tractors of a given model year, elect to group those tractors and incomplete tractors 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 34 to 47.

(8.1)If a company makes an election under subsection (7) in respect of a tractor or incomplete tractor, the company may group all of its tractors and incomplete tractors of a given 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 34 to 47, but must not obtain any credits or additional credits in respect of the vehicles that conform to that standard, except in accordance with sections 34 to 41 in the following cases:

(a)if the company elects to have all of its tractors or incomplete tractors that are or are to become Class 7 tractors conform to the standards that apply in respect of a Class 8 tractor of the same model year with the same characteristics, for a period that is equivalent to the useful life of those Class 8 tractors, the tractors must be grouped in the same fleet or subfleet, as the case may be, as those Class 8 tractors; and

(b)if the company elects to have one or more of its tractors or incomplete tractors that are or are to become Class 7 tractors with a heavy heavy-duty engine and a single rear axle conform to the standards that apply in respect of a Class 8 tractor of the same model year with the same characteristics, for a period that is equivalent to the useful life of those Class 8 tractors, the tractors must be grouped in the same fleet or subfleet, as the case may be, as those Class 8 tractors.

(8.2)If a company makes an election under subsection (7) in respect of one or more of its tractors or incomplete tractors and the CO₂ emission rate of one or more of those tractors exceeds the CO₂ emission standard that applies in respect of Class 8 tractors of the same model year with the same characteristics, the tractors must be grouped in the same fleet or subfleet, as the case may be, as those Class 8 tractors in accordance with section 18 and the company must participate in the CO₂ emission credit system set out in sections 34 to 47.

(9)For the purposes of subsections (8) to (8.2), every tractor and incomplete tractor included within a fleet or subfleet must conform to the CO₂ family emission limit for the fleet or subfleet, as the case may be.

(10)[Repealed, SOR/2018-98, s. 29] (repealed)

^note

Vocational Tractors

28CO2 emission standards#

(1)Subject to subsection (2), section 27 applies to vocational tractors.

(2)A company that manufactures or imports vocational tractors for sale in Canada may elect to have a maximum of 5250 of the Class 7 and Class 8 vocational tractors that it manufactures or imports in any period of three consecutive model years conform to the emission standards applicable to vocational vehicles instead of those applicable to vocational tractors, if it reports the election in its end of model year report.

^note

Heavy-duty Engines

N2O and CH4 Emissions

29Standards#

(1)Subject to paragraph 25(d), every heavy-duty engine that is a compression-ignition engine of the 2014 model year or a subsequent model year and every heavy-duty engine that is a spark-ignition engine of the 2016 model year or a subsequent model year must, for the duration of their useful life, have N₂O and CH₄ emission values that do not exceed 0.10 g/BHP-hr.

(2)The N₂O and CH₄ emission values for the engines referred to in subsection (1) correspond to the emission values of the tested engine configuration referred to in section 235(a) of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR, for the engine family, measured in accordance with the transient duty cycle, taking into account sections 108(d) to (f) and 150(g) of subpart B, sections 235(b) and 241(c) and (d) of subpart C and subparts E and F of part 1036, Title 40, chapter I, subchapter U, of the CFR.

(3)For the purposes of subsection (2), the tested engine configuration for the model year in question is determined using the engine sales in Canada if none of the engines of the engine family are sold in the United States.

(4)A company that manufactures or imports engines referred to in subsection (1) whose N₂O emission value or CH₄ emission value exceeds the emission standard set out in that subsection must group those engines of a given model year into fleets in accordance with section 18 and must calculate the N₂O or CH₄ emission deficit, as the case may be, for each of those fleets, expressed in megagrams of CO₂, using the formula

(4.1)For the purposes of subsection (4), if both the N₂O emission value and the CH₄ emission value exceed 0.10 g/BHP-hr, the N₂O and CH₄ emission deficits must be calculated separately.

(5)For the purposes of subsection (4), every heavy-duty engine within a fleet must conform to the N₂O or CH₄ family emission limit for the fleet.

(6)The deficit calculated under subsection (4) must be offset by using the CO₂ emission credits obtained in accordance with sections 34 to 47 for the averaging set in which the fleet is included.

(7)For greater certainty, and subject to subsection (8), the company must not obtain CO₂ emission credits with respect to N₂O and CH₄ emissions for the purpose of participation in the CO₂ emission credit system set out in sections 34 to 47.

(8)If a company’s heavy-duty engines from a fleet of the 2014, 2015 or 2016 model year conform to an N₂O family emission limit that is less than 0.04 g/BHP-hr, the company may obtain CO₂ emission credits for the purpose of participation in the CO₂ emission credit system set out in sections 34 to 47. The credits must be calculated using the following formula, for each fleet, and be expressed in megagrams of CO₂:

^note

CO2 Emissions

30Standard#

(1)Subject to subsection (2), paragraph 25(d) and sections 31 and 33, every heavy-duty engine of a given model year must, for the duration of its useful life, have a CO₂ emission value that does not exceed the following CO₂ emission standard:

(a)in the case of a spark-ignition engine of the 2016 to 2020 model years, 627 g/BHP-hr;

(b)in the case of a spark-ignition engine of the 2021 model year or a subsequent model year other than a heavy heavy-duty engine, 627 g/BHP-hr;

(c)in the case of a compression-ignition engine of the 2014 to 2020 model years that is of a type referred to in column 1 of the table to this paragraph, the standard set out in column 2 or 3 for the model year in question; or | Column 1 | Column 2 | Column 3Item | Type | CO2 Emission Standard (g/BHP-hr) for 2014 to 2016 Model Years | CO2 Emission Standard (g/BHP-hr) for 2017 to 2020 Model Years1 | Light heavy-duty engine | 600 | 5762 | Medium heavy-duty engine designed to be used in vocational vehicles | 600 | 5763 | Heavy heavy-duty engine designed to be used in vocational vehicles | 567 | 5554 | Medium heavy-duty engine designed to be used in tractors | 502 | 4875 | Heavy heavy-duty engine designed to be used in tractors | 475 | 460

(d)in the case of a compression-ignition engine of the 2021 model year or a subsequent model year or a heavy heavy-duty engine that is a spark-ignition engine of the 2021 model year or a subsequent model year that is of a type referred to in column 1 of the table to this paragraph, the standard set out in column 2, 3 or 4 for the model year in question. | Column 1 | Column 2 | Column 3 | Column 4Item | Type | CO2 Emission Standard (g/BHP-hr) for 2021 to 2023 Model Years | CO2 Emission Standard (g/BHP-hr) for 2024 to 2026 Model Years | CO2 Emission Standard (g/BHP-hr) for 2027 and Subsequent Model Years1 | Light heavy-duty engine | 563 | 555 | 5522 | Medium heavy-duty engine designed to be used in vocational vehicles | 545 | 538 | 5353 | Heavy heavy-duty engine designed to be used in vocational vehicles | 513 | 506 | 5034 | Medium heavy-duty engine designed to be used in tractors | 473 | 461 | 4575 | Heavy heavy-duty engine designed to be used in tractors | 447 | 436 | 432

(2)A company may elect to have any of its spark-ignition engines referred to in paragraph (1)(a) or (b) conform to the emission standard set out in paragraph (1)(c) or (d) that is applicable to compression-ignition engines of the same model year, as if they were compression-ignition engines, instead of the standard set out in paragraph (1)(a) or (b).

^note

31Alternative emission standard — 2014 to 2016 model years#

(1)Heavy-duty engines that are compression-ignition engines of the 2014 to 2016 model years may conform to the CO₂ emission standard referred to in section 620 of Title 40, chapter I, subchapter U, part 1036, subpart G, of the CFR instead of the standard set out in paragraph 30(1)(c) if there are no remaining credits that can be used under sections 42 to 46 for the averaging set of those engines for the model years in question.

(2)Heavy-duty engines that are compression-ignition engines of the 2013 to 2016 model years may conform to the CO₂ emission standard referred to in section 150(e) of Title 40, chapter I, subchapter U, part 1036, subpart B, of the CFR instead of the standard set out in paragraph 30(1)(c) or in subsection (1).

(3)The engines referred to in subsection (2) are not eligible for early action credits in accordance with section 47.

(4)A company that elects to conform to the alternative CO₂ emission standard referred to in subsection (2) must continue to comply with that subsection for the other model years referred to in that subsection.

(5)For the 2024 to 2026 model years, a company may elect to have its medium heavy-duty engines or heavy heavy-duty engines conform to the applicable alternative CO₂ emission standard referred to in section 150(p)(2) of Title 40, chapter I, subchapter U, part 1036, subpart B, of the CFR instead of the applicable standard set out in paragraph 30(1)(d).

^note

32Value#

(1)The CO₂ emission value for the following heavy-duty engines corresponds to the emission value of the tested engine configuration referred to in section 235(a) of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR for the engine family or engine subfamily, as the case may be, measured in accordance with the following duty cycles, taking into account sections 108(d) to (f) and 150(g) and (m) of subpart B, sections 235(b) and 241(c) and (d) of subpart C and subparts E and F of Title 40, chapter I, subchapter U, part 1036, of the CFR:

(a)for medium heavy-duty engines and heavy heavy-duty engines that are compression-ignition engines designed to be used in tractors or incomplete tractors, the steady state duty cycle;

(b)for medium heavy-duty engines and heavy heavy-duty engines that are compression-ignition engines designed to be used in both vocational vehicles or incomplete vocational vehicles and tractors or incomplete tractors, the steady state duty cycle and transient duty cycle; and

(c)for engines other than those referred to in paragraphs (a) and (b), the transient duty cycle.

(2)For the purposes of subsection (1), the tested engine configuration for the model year in question is determined using the engine sales in Canada if none of the engines of the engine family or engine subfamily, as the case may be, are sold in the United States.

^note

33Calculation using fleets and subfleets#

(1)A company may, instead of complying with section 30 or subsection 31(2) or (5), as the case may be, for all of its heavy-duty engines of a given model year, elect to group those engines into fleets in accordance with section 18 and participate in the CO₂ emission credit system set out in sections 34 to 47.

(2)For the purposes of subsection (1), every heavy-duty engine within a fleet must conform to the CO₂ family certification level for the fleet.

^note

Trailers

33.1CO2 emission standards — full-aero box van trailers#

(1)Subject to subsection (5), every full-aero box van trailer of the 2020 model year or a subsequent model year of a type referred to in column 1 of the table to this subsection must, for the duration of its useful life, have a CO₂ emission rate that does not exceed the CO₂ emission standard set out in column 2, 3, 4 or 5 for the model year in question. | Column 1 | Column 2 | Column 3 | Column 4 | Column 5Item | Type | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2020 Model Year | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2021 to 2023 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2024 to 2026 Model Years | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2027 and Subsequent Model Years1 | Short dry box van trailer | 125.4 | 123.7 | 120.9 | 118.82 | Long dry box van trailer | 81.3 | 78.9 | 77.2 | 75.73 | Short refrigerated box van trailer | 129.1 | 127.5 | 124.7 | 122.74 | Long refrigerated box van trailer | 83.0 | 80.6 | 78.9 | 77.4

(2)For the 2020 model year and subsequent model years, every partial-aero box van trailer of a type referred to in column 1 of the table to this subsection must, for the duration of its useful life, have a CO₂ emission rate that does not exceed the CO₂ emission standard set out in column 2 or 3 for the model year in question. | Column 1 | Column 2 | Column 3Item | Type | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2020 Model Year | CO2 Emission Standard (grams of CO2 per short ton-mile) for 2021 and Subsequent Model Years1 | Short dry box van trailer | 125.4 | 123.72 | Long dry box van trailer | 81.3 | 80.63 | Short refrigerated box van trailer | 129.1 | 127.54 | Long refrigerated box van trailer | 83.0 | 82.3

(3)The CO₂ emission rate for each trailer must be determined in accordance with sections 501 and 515 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, taking into account section 150(x) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR.

(4)Instead of the default method referred to in section 526 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, a company may elect to measure a trailer’s drag area (C_dA) in accordance with any other method referred to in that section, if the test results are adjusted to correlate with the test results that would be obtained if the default method were used, as specified in that section, and if

(a)in the case of a trailer that is covered by an EPA certificate, the election has been approved by the EPA for that trailer and the company provides the Minister with evidence of the EPA approval; and

(b)in the case of a trailer that is not covered by an EPA certificate, the company provides the Minister with evidence demonstrating that the alternative method for measuring the trailer’s drag area referred to in this subsection is more representative of that trailer’s drag area.

(5)For the 2027 model year and subsequent model years, a company may elect to comply with subsection (1) by grouping all of its full-aero box van trailers of a given model year into fleets or subfleets, as the case may be, in accordance with section 18 and participating in the CO₂ emission credit system set out in sections 47.1 to 47.5.

(6)For the purposes of subsection (5), every full-aero box van trailer included within a fleet or subfleet, as the case may be, that is of a type referred to in column 1 of the table to this subsection must, for the duration of its useful life, conform to a CO₂ family emission limit that does not exceed the CO₂ emission limit set out in column 2. | Column 1 | Column 2Item | Type | CO2 Emission Limit (grams of CO2 per short ton-mile)1 | Short dry box van trailer | 125.42 | Long dry box van trailer | 81.33 | Short refrigerated box van trailer | 129.14 | Long refrigerated box van trailer | 83.0

^note

CO2 Emission Credit System — Vehicles and Engines

Calculation of Credits and Deficits

34Credits#

(1)For the purposes of subparagraph 162(1)(b)(i) of the Act and subject to subsections 26(7.1) and 27(8.1), a company obtains CO₂ emission credits if the CO₂ emissions for a fleet or subfleet, as the case may be, of heavy-duty vehicles or heavy-duty engines of a given model year are lower than the CO₂ emission standard applicable

(a)in the case of a fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, to that fleet for the model year in question; and

(b)in any other case, to the vehicles or engines of that fleet or subfleet, as the case may be, for the model year in question.

(2)A company incurs deficits if the CO₂ emissions for a fleet or subfleet, as the case may be, of heavy-duty vehicles or heavy-duty engines of a given model year are higher than the CO₂ emission standard applicable

(a)in the case of a fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, to that fleet for the model year in question; and

(b)in any other case, to the vehicles or engines of that fleet or subfleet, as the case may be, for the model year in question.

(3)The company must report any credits obtained and any deficits incurred in its end of model year report in accordance with section 48.

^note

35Calculation#

(1)A company must calculate the credits or deficits for each of its fleets or subfleets, as the case may be, using the equation set out in one of the following paragraphs, whichever applies:

(a)for Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles,

(b)for vocational vehicles and incomplete vocational vehicles and subject to subsection 38(2) and clause 41(1)(b)(ii)(A),

(c)for tractors and incomplete tractors and subject to subsection 38(2) and clause 41(1)(b)(ii)(B),

(d)for heavy-duty engines and subject to subparagraph 41(1)(c)(iii),

(2)[Repealed, SOR/2018-98, s. 39] (repealed)

(3)In the case of medium heavy-duty engines and heavy heavy-duty engines that are designed to be used in both vocational vehicles or incomplete vocational vehicles and in tractors or incomplete tractors, a company must select the duty cycle set out in paragraph 32(1)(b) that corresponds to the vehicle in which the engine is installed for the purpose of calculating the value determined for B in the formula set out in paragraph (1)(d).

^note

Additional Credits

36Obtaining additional credits#

(1)A company may obtain additional credits for vehicles or engines as follows:

(a)for the 2020 model year and earlier model years, in accordance with sections 37 to 41;

(b)for the 2021 to 2027 model years, in accordance with sections 40.1 and 41; and

(c)for the 2028 model year and subsequent model years, in accordance with section 41.

(2)Additional credits may only be obtained once for a vehicle or engine with regard to the same type of greenhouse gas emission reduction technology.

^note

37Credit multiplier — Class 2B and Class 3 vehicles#

A company that obtains credits under paragraph 35(1)(a) for Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles that are electric vehicles, fuel cell vehicles, hybrid vehicles or are equipped with an engine that includes a Rankine-cycle or other bottoming cycle exhaust energy recovery system, may multiply the number of credits obtained for those vehicles by 1.5.

38Equivalent conventional vehicle and footprint#

(1)For the purpose of the calculation in subsection (2),

(a)equivalent conventional vehicle means a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor that is being compared with a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor that is an electric vehicle, a fuel cell vehicle, a hybrid vehicle, or that is equipped with an engine that includes a Rankine-cycle or other bottoming cycle exhaust energy recovery system that has, as a minimum, the same footprint, class, coefficient of aerodynamic drag, tires and wheels, and has the same number of power take-off circuits and the equivalent take-off power as the vehicle in question; and

(b)footprint means the result of the product of the average width, measured in inches and rounded to the nearest tenth of an inch, of the lateral distance between the centrelines of the front and rear base tires at ground level, multiplied by the longitudinal distance between the front and rear wheel centrelines, measured in inches and rounded to the nearest tenth of an inch, divided by 144 and rounded to the nearest tenth of a square foot.

(2)In the case of vocational vehicles, incomplete vocational vehicles, tractors or incomplete tractors that are electric vehicles, fuel cell vehicles, hybrid vehicles or that are equipped with an engine that includes a Rankine-cycle or other bottoming cycle exhaust energy recovery system, a company may obtain additional credits by replacing the value determined for (A – B) in the equation set out in paragraph 35(1)(b) or (c), as the case may be, with the following benefit to emission credits, expressed in grams of CO₂ per short ton-mile and determined by the equation

(3)In the case of fuel cell vehicles, the company may use the alternative procedure referred to in section 615 of Title 40, chapter I, subchapter U, part 1037, subpart G, of the CFR to calculate emission rate B in the equation set out in subsection (2).

(4)The additional credits calculated in subsection (2) may be multiplied by 1.5 if the company does not use the early action credit multiplier referred to in subsection 47(6) for the same vehicles.

^note

39Definitions#

(1)The following definitions apply in this section:

post-transmission hybrid system means a powertrain that includes features that recover and store energy from braking but that cannot function as a hybrid system without the transmission. (système hybride post-transmission)

pre-transmission hybrid system means an engine system that includes features that recover and store energy during engine motoring operation but not from the vehicle wheels. (système hybride pré-transmission)

(2)In the case of vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors that are equipped with post-transmission hybrid systems or pre-transmission hybrid systems, a company may obtain additional credits, expressed in megagrams of CO₂, using the following formula:

(3)The additional credits calculated in subsection (2) may be multiplied by 1.5 if the company does not use the early action credit multiplier referred to in subsection 47(6) for the same vehicles.

^note

40Calculation — Rankine-cycle engines#

(1)In the case of heavy-duty engines that include a Rankine-cycle or other bottoming cycle exhaust energy recovery system, a company may obtain additional credits, expressed in megagrams of CO₂, using the following formula:

(2)The additional credits calculated in subsection (1) may be multiplied by 1.5 if the company does not use the early action credit multiplier referred to in subsection 47(6) for the same engines.

^note

40.1Credit multipliers — 2021 to 2027 model years#

A company that obtains credits under section 35 for its heavy-duty vehicles of the 2021 to 2027 model years that are plug-in hybrid vehicles, electric vehicles or fuel cell vehicles may multiply the number of credits obtained for those vehicles by the following number:

(a)4 in the case of plug-in hybrid vehicles;

(b)5 in the case of electric vehicles; and

^note

41Innovative technologies#

(1)A company may obtain additional credits, expressed in megagrams of CO₂, for its fleet or subfleet, as the case may be, of heavy-duty vehicles or heavy-duty engines for the use of innovative technologies by

(a)in the case of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles, using the following formula:

(b)in the case of vocational vehicles and incomplete vocational vehicles, or tractors and incomplete tractors, either

(i)by using the following formula:

(ii)by substituting the result obtained in accordance with paragraph 35(1)(b) or (c), as the case may be, with the result obtained in accordance with one of the following formulas, whichever applies:

(A)for vocational vehicles and incomplete vocational vehicles:

(B)for tractors and incomplete tractors:

(c)in the case of heavy-duty engines,

(i)by using the following formula for engines tested on a chassis:

(ii)by using the following formula for engines tested on an engine dynamometer:

(iii)by substituting the result obtained in accordance with paragraph 35(1)(d) with the result determined in accordance with the following formula:

(2)If the five-cycle credit value referred to in the description of A in the formula set out in paragraph (1)(a) cannot adequately measure the emission reduction attributable to an innovative technology, the company may calculate that five-cycle credit value using the alternative procedure set out in section 1869(d) of Title 40, chapter I, subchapter C, part 86, of the CFR, if

(a)in the case of a vehicle that is covered by an EPA certificate, the alternative procedure has been approved by the EPA for that technology and the company provides the Minister with evidence of the EPA approval; or

(b)in the case of a vehicle that is not covered by an EPA certificate, the company provides the Minister with evidence demonstrating that the alternative procedure provides a more representative benefit for that technology.

^note

Averaging Sets

42Calculation#

The credits or deficits for each averaging set of heavy-duty vehicles or heavy-duty engines are calculated by adding the credits obtained and deficits incurred for all fleets and, if applicable, subfleets of that averaging set. The credits and deficits must be added together before rounding and the result must be rounded to the nearest megagram of CO₂.^note

43Date of credits or deficits#

A company obtains credits or incurs deficits for an averaging set of heavy-duty vehicles or heavy-duty engines on the day on which the company submits the end of model year report for that model year.

44Use of credits — time limitations#

(1)For the purposes of section 45, credits obtained by a company for an averaging set of heavy-duty vehicles or heavy-duty engines of a given model year may be used only in respect of the same averaging set of heavy-duty vehicles or heavy-duty engines of

(a)a model year that is up to three model years before the model year for which the credits are obtained; or

(b)a model year that is up to five model years after the model year for which the credits are obtained.

(2)Paragraph (1)(b) does not apply in the case of vocational vehicles in respect of which a company has made the election referred to in subsection 26(1.2).

(3)Despite paragraph (1)(b), credits obtained by a company for an averaging set of vocational vehicles that are light heavy-duty vehicles or medium heavy-duty vehicles of the 2018 to 2021 model years may be used only in respect of the same averaging set of heavy-duty vehicles of any subsequent model year, ending with the 2027 model year.

(4)Despite paragraph (1)(b), credits obtained by a company for an averaging set of medium heavy-duty engines or heavy heavy-duty engines of the 2018 to 2024 model years may be used only in respect of the same averaging set of heavy-duty engines of any subsequent model year, ending with the 2030 model year.

^note

45Deficits#

(1)Subject to subsections (4) and (6), a company must use the credits obtained for an averaging set of heavy-duty vehicles or heavy-duty engines of a given model year to offset any outstanding deficits incurred for that averaging set.

(2)Except in the case of an averaging set of vocational vehicles in respect of which a company has made the election referred to in subsection 26(1.2), a company may bank any remaining credits to offset a future deficit for that averaging set or it may transfer the remaining credits to another company.

(2.1)Credits obtained by a company for any of the averaging sets of the 2016 to 2020 model years referred to in paragraph (a) or (b) that are used to offset a deficit incurred for the same averaging set of the 2021 model year or a subsequent model year may be multiplied by

(a)1.36, in the case of the averaging sets referred to in paragraph (b), (e) or (f) of the definition averaging set in subsection 1(1); and

(b)1.25, in the case of the averaging set referred to in paragraph (a) of the definition averaging set in subsection 1(1).

(3)Subject to subsection (4), a company may offset a deficit that it incurs for an averaging set of heavy-duty vehicles or heavy-duty engines with an equivalent number of credits obtained in accordance with section 35 or transferred from another company for that averaging set.

(4)A company that obtains credits in accordance with sections 37 to 40 for an averaging set may transfer them to one of its other averaging sets to offset a deficit incurred in accordance with any of paragraphs 35(1)(a) to (d) if the following conditions are met:

(a)if the company obtained credits in accordance with section 37, they are used to offset any deficits for other vehicles in that averaging set before transferring any remaining credits to other averaging sets; and

(b)not more than 6 000 Mg of CO₂ emission credits per model year are transferred between any of the following groups of averaging sets:

(i)averaging sets of spark-ignition engines, light heavy-duty engines that are compression-ignition engines and light heavy-duty vehicles,

(ii)averaging sets of medium heavy-duty engines that are compression-ignition engines and medium heavy-duty vehicles, or

(iii)averaging sets of heavy heavy-duty engines that are compression-ignition engines and heavy heavy-duty vehicles.

(5)The credit transfer limit between the groups set out in paragraph (4)(b) does not apply when the credits are used between the averaging sets of the engines and vehicles referred to in each of the subparagraphs of that paragraph.

(6)A company must offset a deficit incurred for an averaging set of heavy-duty vehicles or heavy-duty engines of a given model year no later than the day on which the company submits the end of model year report in accordance with section 48 for vehicles or engines of the third model year after the model year for which the company incurred the deficit.

^note

46Acquisition or merger#

(1)A company that acquires another company or that results from a merger of companies must offset any outstanding deficit of the purchased or merged companies.

(2)If a company ceases to manufacture, import or sell heavy-duty vehicles or heavy-duty engines, it must offset all outstanding deficits for its averaging sets before submitting its last end of model year report.

^note

Early Action Credits

47Eligibility#

(1)A company may obtain early action credits for an averaging set of heavy-duty vehicles or heavy-duty engines that are compression-ignition engines of the 2013 model year or for an averaging set of heavy-duty engines that are spark-ignition engines of the 2015 model year, if the number of credits calculated for that averaging set is greater than the number of deficits incurred for that model year and the company reports the credits

(a)in its 2014 end of model year report, in the case of heavy-duty vehicles and heavy-duty engines that are compression-ignition engines; or

(b)in its 2016 end of model year report, in the case of heavy-duty engines that are spark-ignition engines.

(2)A company may obtain early action credits by grouping its fleets of electric vehicles of the 2011 to 2013 model years into the applicable averaging sets and if the company reports the credits in its 2014 end of model year report.

(3)For the purpose of obtaining early action credits, a company must group

(a)into the applicable fleet, all its vocational vehicles, tractors, Class 2B and Class 3 heavy-duty vehicles equipped with a spark-ignition engine or Class 2B and Class 3 heavy-duty vehicles equipped with a compression-ignition engine, except in the case of electric vehicles; and

(b)into the applicable averaging set, all its heavy-duty engines.

(4)A company obtains early action credits on the day on which its 2014 end of model year report is submitted in the case of heavy-duty vehicles and heavy-duty engines that are compression-ignition engines, and on the day on which its 2016 end of model year report is submitted in the case of heavy-duty engines that are spark-ignition engines.

(5)Early action credits obtained or deficits incurred within each averaging set for the following fleets must be calculated in accordance with sections 35 to 41, as applicable, using the following standards:

(a)in the case of heavy-duty vehicles and heavy-duty engines that are compression-ignition engines of the 2013 model year, the emission standards applicable to the 2014 model year;

(b)in the case of electric vehicles of the 2011 to 2013 model years, the emission standards applicable to the 2014 model year; and

(c)in the case of heavy-duty engines that are spark-ignition engines of the 2015 model year, the emission standards applicable to the 2016 model year.

(6)Early action credits obtained for vocational vehicles, tractors or heavy-duty engines may be multiplied by 1.5 if the company does not use the additional credit multiplier referred to in subsection 38(4), 39(3) or 40(2) for the same vehicles or engines.

(7)Early action credits may be used as follows:

(a)credits obtained for heavy-duty vehicles or heavy-duty engines that are compression-ignition engines of the 2013 model year may be used for the 2014 to 2018 model years;

(b)credits obtained for electric vehicles of the 2011 to 2013 model years may be used for the 2014 to 2018 model years; and

(c)credits obtained for heavy-duty engines that are spark-ignition engines of the 2015 model year may be used for the 2016 to 2020 model years.

(8)The rules set out in sections 45 and 46 with respect to credits also apply to early action credits.

^note

CO2 Emission Credit System — Full-aero Box Van Trailers

Calculation of Credits and Deficits

47.1Credits#

(1)For the purposes of subparagraph 162(1)(b)(i) of the Act, a company obtains CO₂ emission credits if the CO₂ emissions for a fleet or subfleet, as the case may be, of full-aero box van trailers of a given model year are lower than the CO₂ emission standard applicable to the trailers of that fleet or subfleet, as the case may be, for that model year.

(2)A company incurs deficits if the CO₂ emissions for a fleet or subfleet, as the case may be, of full-aero box van trailers of a given model year are higher than the CO₂ emission standard applicable to the trailers of that fleet or subfleet, as the case may be, for that model year.

(3)The company must report any credits obtained and any deficits incurred in its end of model year report in accordance with section 48.

^note

47.2Calculation#

A company must calculate the credits or deficits for each of its fleets or subfleets, as the case may be, of full-aero box van trailers using the formula^note

Averaging Sets

47.3Calculation#

(1)The credits or deficits for each averaging set of full-aero box van trailers are calculated by adding the credits obtained and deficits incurred for all fleets and, if applicable, subfleets of that averaging set. The credits and deficits must be added together before rounding and the result must be rounded to the nearest megagram of CO₂.

(2)A company obtains credits or incurs deficits for an averaging set of full-aero box van trailers on the day on which the company submits the end of model year report for that model year.

^note

47.4Offsetting#

(1)A company must use the credits obtained for an averaging set of full-aero box van trailers of a given model year to offset any outstanding deficits incurred for that averaging set. Deficits are offset by an equivalent number of credits.

(2)Credits obtained by a company for an averaging set of full-aero box van trailers of a given model year may be used only to offset an outstanding deficit in respect of the same averaging set of full-aero box van trailers of a model year that is up to three model years before the model year for which the credits are obtained. The company must offset the deficit not later than the day on which the company submits the end of model year report in accordance with section 48.

^note

47.5Acquisition or merger#

(1)A company that acquires another company or that results from a merger of companies must offset any outstanding deficit of the purchased or merged companies.

(2)If a company ceases to manufacture, import or sell full-aero box van trailers, it must offset all outstanding deficits for its averaging sets before submitting its last end of model year report.

^note

Reports

End of Model Year Report

48Deadline#

(1)A company must submit to the Minister an end of model year report, signed by a person who is authorized to act on behalf of the company, for all heavy-duty vehicles and heavy-duty engines of the 2014 model year or of a subsequent model year, and all trailers of the 2020 model year or a subsequent model year, that it imported or manufactured in Canada, not later than June 30 of the calendar year following the calendar year that corresponds to the model year in question.

(1.1)Subsection (1) does not apply to a company in respect of any of their heavy-duty vehicles or heavy-duty incomplete vehicles that they have altered in accordance with subsection 11(1).

(2)The end of model year report must indicate the model year for which the report is made and must include the following statements by the company for its vehicles, engines and trailers, as applicable:

(a)in the case of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles,

(i)in respect of the fleet average CO₂ emission standard, that all its vehicles are grouped into one or more fleets in accordance with section 18, and

(ii)in respect of the N₂O and CH₄ emission standards, that its vehicles

(A)conform to the applicable N₂O and CH₄ emission standards,

(B)are covered by an EPA certificate, bear the label referred to in subparagraph 53(d)(i) and conform either to the emission standards referred to in the EPA certificate or to a N₂O or CH₄ family emission limit, as the case may be, that is lower than the N₂O or CH₄ emission standard applicable to the model year of the vehicles under these Regulations, or

(C)are grouped into one or more fleets in accordance with section 18 for the purpose of offsetting a deficit in accordance with subsection 20(5);

(b)in the case of tractors and vocational vehicles, that its vehicles

(i)conform to the applicable CO₂ emission standard,

(ii)are covered by an EPA certificate, bear the label referred to in subparagraph 53(d)(i) and conform either to the emission standard referred to in the EPA certificate or to a CO₂ family emission limit that is lower than the CO₂ emission standard applicable to the model year of the vehicles under these Regulations,

(iii)are covered by an EPA certificate, bear the label referred to in subparagraph 53(d)(i), conform to a CO₂ family emission limit that exceeds the CO₂ emission standard applicable to the model year of the vehicles under these Regulations and are not grouped into one or more fleets in accordance with subsection 13(4),

(iv)are grouped into one or more fleets in accordance with section 18 for the purpose of participation in the CO₂ emission credit system,

(v)are exempted under subsection 17(1),

(vi)in the case of vocational tractors, conform to the emission standards applicable to vocational vehicles in accordance with section 28,

(vii)are equipped with an engine that meets the conditions set out in subsection 12.2(2) and conforms to the standards referred to in subsection 12.2(3), or

(viii)are equipped with an engine that conforms to the alternate standards referred to in subsection 12.2(4);

(c)in the case of heavy-duty engines,

(i)in respect of the CO₂ emission standard, that its engines

(A)conform to the applicable CO₂ emission standard,

(B)are covered by an EPA certificate, bear the label referred to in subparagraph 53(d)(ii) and conform either to the emission standard referred to in the EPA certificate or to a CO₂ family certification level that is lower than the CO₂ emission standard applicable to the model year of the engines under these Regulations,

(C)are covered by an EPA certificate, bear the label referred to in subparagraph 53(d)(ii), conform to a CO₂ family certification level that exceeds the CO₂ emission standard applicable to the model year of the engines under these Regulations and are not grouped into one or more fleets in accordance with subsection 13(8),

(D)are grouped into one or more fleets in accordance with section 18 for the purpose of participation in the CO₂ emission credit system, or

(E)are exempted under subparagraph 17(1.1)(a)(ii) or paragraph 17(1.1)(b), and

(ii)in respect of the N₂O and CH₄ emission standards, that its engines

(A)conform to the applicable N₂O and CH₄ emission standards,

(B)are covered by an EPA certificate, bear the label referred to in subparagraph 53(d)(ii) and conform either to the emission standards referred to in the EPA certificate or to a N₂O or CH₄ family emission limit, as the case may be, that is lower than the N₂O or CH₄ emission standard applicable to the model year of the engines under these Regulations,

(B.1)are covered by an EPA certificate, bear the U.S. engine information label referred to in subparagraph 53(d)(ii), conform to a N₂O or CH₄ family emission limit, as the case may be, that exceeds the N₂O or CH₄ emission standard applicable to the model year of the engines under these Regulations and, in accordance with subsection 13(7.1), do not conform to subsections 29(4) to (7),

(C)are grouped into one or more fleets in accordance with section 18 for the purpose of offsetting a deficit in accordance with subsection 29(6), or

(D)are exempted under subparagraph 17(1.1)(a)(i) or paragraph 17(1.1)(b); and

(d)in the case of trailers, that

(i)its trailers conform to the applicable standards set out in subsection 16.1(1) or section 33.1, as the case may be,

(ii)its trailers are covered by an EPA certificate, bear the U.S. emission control information label referred to in subparagraph 53(d)(i) and conform either to the emission standard referred to in the EPA certificate or, in the case of full-aero box van trailers, to a CO₂ family emission limit that is lower than the CO₂ emission standard applicable to the model year of the trailers under these Regulations,

(iii)its full-aero box van trailers are grouped into one or more fleets in accordance with section 18 for the purpose of participation in the CO₂ emission credit system,

(iv)its trailers are exempted under section 17.1, or

(v)a certain number of its trailers are exempted under section 17.2.

(3)If an end of model year report contains any of the statements referred to in clause (2)(a)(ii)(A), subparagraph (2)(b)(i), clauses (2)(c)(i)(A) and (ii)(A) and subparagraph (2)(d)(i) for a given model year, it must contain

(a)the number of heavy-duty vehicles or heavy-duty engines for each type referred to in paragraph 18(3)(a) or (b) or the number of trailers for each type referred to in subsection 16.1(1) or 33.1(1) or (2), as the case may be; and

(b)the CO₂ emission standard and, if applicable, the N₂O and CH₄ emission standards to which the vehicles, engines or trailers, as the case may be, conform.

(4)If an end of model year report contains any of the statements referred to in clause (2)(a)(ii)(B), subparagraphs (2)(b)(ii) and (iii), clauses (2)(c)(i)(B) and (C) and (ii)(B) and (B.1) and subparagraph (2)(d)(ii) for a given model year, it must contain the following information for each type of heavy-duty vehicle, heavy-duty engine or trailer, as the case may be:

(a)the number of vehicles or engines for each type referred to in paragraph 18(3)(a) or (b) or the number of trailers for each type referred to in subsection 16.1(1) or 33.1(1) or (2);

(b)in the case of vehicles and trailers, the CO₂ family emission limit and, in the case of engines, the CO₂ family certification level;

(c)the number of vehicles, trailers or engines for each CO₂ family emission limit or CO₂ family certification level, as the case may be;

(d)if applicable, the N₂O or CH₄ family emission limit;

(e)if applicable, the number of vehicles or engines for each N₂O or CH₄ family emission limit; and

(f)if an end of model year report contains the statement referred to in clause (2)(c)(i)(C) or (ii)(B.1), the number of heavy-duty engines sold in the United States that are of the same engine family.

(5)If an end of model year report contains the statement referred to in subparagraph (2)(b)(v) for a given model year, the report must contain the following information:

(a)the number of tractors and vocational vehicles that the company manufactured or imported in 2011 for sale in Canada; and

(b)[Repealed, SOR/2018-98, s. 52] (repealed)

(c)the number of tractors and vocational vehicles that the company manufactured or imported for sale in Canada for that model year.

(5.1)If an end of model year report contains the statement referred to in subparagraph (2)(b)(vii) for a given model year, the report must contain the following information:

(a)the number of vocational vehicles and tractors that the company manufactured or imported for sale in Canada for that model year; and

(b)the model year of the engine installed in each vehicle and, in each case, which of the conditions set out in paragraphs 12.2(2)(a) to (d) the engine meets.

(5.2)If an end of model year report contains the statement referred to in subparagraph (2)(b)(viii) for a given model year, the report must contain the number of hybrid vehicles that the company elected to equip with an engine that conforms to the alternate standards referred to in subsection 12.2(4).

(5.3)If an end of model year report contains the statement referred to in clause (2)(c)(i)(E) or (ii)(D) for a given model year, the report must contain the number of engines that are installed in the vocational vehicles and tractors referred to in subsection 17(1) that the company has elected to exempt under subsection 17(1.1).

(5.4)If an end of model year report contains the statement referred to in subparagraph (2)(d)(iv) or (v) for a given model year, the report must contain the following information:

(a)in the case of the statement referred to in subparagraph (2)(d)(iv), the number of trailers that the company manufactured or imported for sale in Canada in 2020; and

(b)in the case of the statement referred to in subparagraph (2)(d)(v),

(i)for each type of trailer, the number of trailers that the company manufactured or imported for sale in Canada for the model year in question, and

(ii)the number of trailers that the company has elected to exempt under section 17.2 for that model year.

(6)If the company includes in a fleet, in accordance with section 25, spark-ignition engines that are not installed in vehicles or that are installed in heavy-duty incomplete vehicles that are not cab-complete vehicles, it must provide the number of those engines, along with the total number of engines in that vehicle fleet — whether they are installed in vehicles or not — that are of the same model year, design and hardware.

(7)If an end of model year report contains any statement referred to in subparagraph (2)(a)(i), clause (2)(a)(ii)(C), subparagraph (2)(b)(iv), clauses (2)(c)(i)(D) and (ii)(C) and subparagraph (2)(d)(iii) for a given model year, the report must contain the following information for each averaging set:

(a)if applicable, a statement that the company has elected to exclude from its fleets heavy-duty vehicles, heavy-duty engines or full-aero box van trailers in accordance with subsection 18(2);

(b)if applicable, a statement that the company has elected to comply with the alternative standards for vocational vehicles equipped with spark-ignition engines referred to in subsection 26(6);

(c)an identification of all fleets and subfleets referred to in section 18 within the averaging set;

(d)in relation to CO₂ emission standards and, if applicable, the N₂O and CH₄ emission standards:

(i)for Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles,

(A)the N₂O and CH₄ emission standards applicable to each fleet,

(B)the fleet average CO₂ emission standard, determined for A in the formula set out in paragraph 35(1)(a),

(C)the CO₂ emission target value for each vehicle subconfiguration of each fleet, determined for A in the formula set out in subsection 22(1),

(D)the work factor for each vehicle subconfiguration calculated in accordance with subsection 22(3), and

(E)the GVWR, curb weight, GCWR, type of transmission, gear ratio, axle ratio and type of engine for each vehicle configuration,

(ii)for vocational vehicles and incomplete vocational vehicles, the CO₂ emission standard that applies to the vehicles of each fleet or subfleet, as the case may be, determined for A in paragraph 35(1)(b),

(iii)for tractors and incomplete tractors, the CO₂ emission standard that applies to the vehicles of each fleet or subfleet, as the case may be, determined for A in paragraph 35(1)(c),

(iv)for heavy-duty engines, the CO₂ emission standard and N₂O and CH₄ emission standards that apply to the engines of each fleet, and

(v)for full-aero box van trailers, the CO₂ emission standard that applies to the trailers of each fleet or subfleet, as the case may be, determined for A in section 47.2;

(e)in relation to CO₂ emissions, and if applicable, to N₂O and CH₄ emissions,

(i)for each fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — the following values:

(A)the fleet average CO₂ emission value, determined for B in the formula set out in paragraph 35(1)(a),

(B)the CO₂ emission value for each vehicle configuration, determined for A in the formula set out in subsection 23(1) and taking into account subsection 23(2), and

(C)if applicable, the N₂O or CH₄ family emission limit, determined for B in the formula set out in subsection 20(3),

(ii)for each fleet of vocational vehicles and incomplete vocational vehicles, the CO₂ family emission limit for each subfleet, determined for B in the formula set out in paragraph 35(1)(b),

(iii)for each fleet of tractors and incomplete tractors, the CO₂ family emission limit for each subfleet, determined for B in the formula set out in paragraph 35(1)(c),

(iv)for each fleet of heavy-duty engines,

(A)the CO₂ family certification level, determined for B in the formula set out in paragraph 35(1)(d), and

(B)if applicable, the N₂O and CH₄ family emission limits, determined for B in the formula set out in subsection 29(4), and

(v)for each fleet of full-aero box van trailers, the CO₂ family emission limit for each fleet or subfleet, as the case may be;

(f)the number of heavy-duty vehicles or heavy-duty engines in each averaging set, fleet, subfleet, vehicle configuration, engine configuration and the number of vehicles in each vehicle subconfiguration;

(f.1)the number of full-aero box van trailers in each averaging set, fleet and subfleet;

(g)if applicable, the evidence of the variable F referred to in the formula set out in paragraph 24(3)(b);

(h)if applicable, the evidence of the EPA approval referred to in paragraph 27(6)(a);

(i)if applicable, the evidence referred to in paragraph 27(6)(b);

(j)if applicable, evidence of the EPA approval referred to in paragraph (a) of the description of A in the formula set out in subsection 40(1);

(k)if applicable, the evidence referred to in paragraph (b) of the description of A in the formula set out in subsection 40(1);

(l)if applicable, the evidence of the EPA approval referred to in paragraph 41(2)(a);

(m)if applicable, the evidence referred to in paragraph 41(2)(b);

(n)if applicable, the number of CO₂ emission credits calculated in accordance with subsection 29(8) for an N₂O family emission limit that is less than 0.04 g/BHP-hr;

(o)in the case of heavy-duty vehicles or heavy-duty engines, the number of credits and deficits, calculated in accordance with section 35 for each fleet and subfleet, and the value of each variable — along with its description — used in calculating them;

(o.1)in the case of full-aero box van trailers, the number of credits and deficits, calculated in accordance with section 47.2 for each fleet and subfleet, and the value of each variable — along with its description — used in calculating them;

(p)the number of additional credits, calculated in accordance with section 38 for each fleet, including the following values:

(i)the improvement factor,

(ii)the emission rate A,

(iii)the emission rate B,

(iv)the modelling result B, along with the value and description of each parameter used in determining that result, and

(v)the values determined for C, D and E;

(q)the number of additional credits, calculated in accordance with section 39 for each fleet and subfleet, and the value of each variable used in calculating them;

(r)the number of additional credits, calculated in accordance with section 40, for each fleet and subfleet, and the value of each variable used in calculating them;

(s)the number of additional credits, calculated in accordance with section 41, for each fleet and subfleet, and the value of each variable used in calculating them;

(t)an identification of every instance in each fleet or subfleet, as the case may be, when the following credit multipliers were used:

(i)the 1.5 credit multiplier referred to in section 37 and subsections 38(4), 39(3) and 40(2), and

(ii)the credit multipliers referred to in section 40.1;

(u)if applicable, the number of CO₂ emission credits and early action credits that are used to offset a deficit incurred for the model year or an outstanding deficit and the averaging set and the model year for which the credits were obtained;

(v)if applicable, an accounting of the CO₂ emission credits, early action credits and deficits and, for each averaging set in respect of which the credit multiplier referred to in paragraph 45(2.1)(a) or (b) was used, a statement that the multiplier was used; and

(w)for the purposes of paragraphs 13(4)(a) and (b), in the company’s end of model year reports for the 2015 and 2016 model years, the percentage of its vocational vehicles and incomplete vocational vehicles and the percentage of its tractors and incomplete tractors that are grouped into one or more fleets in accordance with section 18 for the purpose of participation in the CO₂ emission credit system.

(8)If an end of model year report contains the statement referred to in subparagraph (2)(b)(vi) for a given model year, the company must provide in its end of model year report the number of Class 7 and Class 8 vocational tractors that conform to the emission standards applicable to vocational vehicles in accordance with section 28 and that it manufactures or imports for that model year and for the two previous model years.

(9)The end of model year report must also contain the following information for each CO₂ emission credit transfer and early action credit transfer to or from the company since the submission of the previous end of model year report:

(a)the name, street address and, if different, the mailing address of the company that transferred the credits and the model year for which that company obtained those credits;

(b)the name, street address and, if different, the mailing address of the company that received the credits;

(c)the date of the transfer; and

(d)the number of credits transferred, expressed in megagrams of CO₂.

^note

Early Action Credits

49Contents#

(1)To obtain early action credits under section 47, a company must include in its 2014 or 2016 end of model year report, as the case may be, the following information for each averaging set of the 2011 to 2013 model years or of the 2015 model year, as the case may be:

(a)for each fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles,

(i)the number of credits or deficits calculated in accordance with paragraph 35(1)(a),

(ii)the N₂O and CH₄ emission standards applicable to each fleet,

(iii)the fleet average CO₂ emission standard, determined for A in the formula set out in paragraph 35(1)(a),

(iv)the CO₂ emission target value for each vehicle subconfiguration of each fleet, determined for A in the formula set out in subsection 22(1),

(v)the work factor for each vehicle subconfiguration calculated in accordance with subsection 22(3),

(vi)the GVWR, curb weight, GCWR, type of transmission, gear ratio, axle ratio and type of engine for each vehicle configuration,

(vii)the fleet average CO₂ emission value, determined for B in the formula set out in paragraph 35(1)(a),

(viii)the CO₂ emission value for each vehicle configuration, determined for A in the formula set out in subsection 23(1) and taking into account subsection 23(2),

(ix)if applicable, the N₂O or CH₄ family emission limit, determined for B in the formula set out in subsection 20(3),

(x)the number of vehicles of each vehicle configuration and subconfiguration,

(xi)the number of vehicles in each fleet, and

(xii)the number of vehicles in the averaging set;

(b)for each fleet of vocational vehicles and incomplete vocational vehicles,

(i)the number of credits or deficits for each fleet and subfleet, calculated in accordance with paragraph 35(1)(b),

(ii)the CO₂ emission standard that applies to the vehicles of each fleet or subfleet, as the case may be, determined for A in the formula set out in paragraph 35(1)(b),

(iii)the CO₂ family emission limit for each fleet or subfleet, as the case may be, determined for B in the formula set out in paragraph 35(1)(b), and

(iv)the number of those vehicles in each averaging set, fleet and subfleet;

(c)for each fleet of tractors and incomplete tractors,

(i)the number of credits or deficits for each fleet and subfleet, calculated in accordance with paragraph 35(1)(c),

(ii)the CO₂ emission standard that applies to the vehicles of each fleet or subfleet, as the case may be, determined for A in the formula set out in paragraph 35(1)(c),

(iii)the CO₂ family emission limit for each fleet or subfleet, as the case may be, determined for B in the formula set out in paragraph 35(1)(c), and

(iv)the number of tractors and incomplete tractors in each averaging set, fleet and subfleet;

(d)for each fleet of heavy-duty engines,

(i)the number of credits or deficits for each fleet, calculated in accordance with paragraph 35(1)(d),

(ii)the N₂O and CH₄ emission standards that apply to the engines of each fleet,

(iii)the CO₂ emission standard that applies to the engines of each fleet, determined for A in the formula set out in paragraph 35(1)(d),

(iv)the CO₂ deteriorated emission level value for each fleet, determined for B in the formula set out in paragraph 35(1)(d), and

(v)the number of engines in each averaging set, fleet and engine configuration; and

(e)an identification of every instance in each fleet or subfleet, as the case may be, when the 1.5 credit multiplier was used in accordance with subsection 47(6).

(2)To obtain additional early action credits under section 47, a company must include in its 2014 or 2016 end of model year report, as the case may be, the values referred to in paragraphs 48(7)(q) to (t).

^note

Format of Reports

50Submission#

Any report to be submitted under these Regulations must be submitted electronically in the format provided by the Minister, but the report must be submitted in writing if

(a)no such format is provided; or

(b)it is, owing to circumstances beyond the control of the person required to submit the report, impracticable to submit the report electronically in the format provided.

Documentation

51Engine installation#

(1)A company that manufactures or imports a heavy-duty engine must ensure that every engine that is installed in a vehicle in Canada is accompanied by documentation respecting the engine and emission controls or by the address of the place or the website where that documentation may be obtained.

(2)The documentation must contain the following information:

(a)detailed installation procedures for the exhaust system, emission control system, aftertreatment devices and their components;

(b)all necessary steps for installing any diagnostic system required under part 86 of Title 40, chapter I, subchapter C, of the CFR;

(c)the limits on the types of use for the engine to ensure that the emission standards set out in these Regulations are complied with; and

(d)for each engine configuration, the fuel map results and other information described in section 503 of Title 40, chapter I, subchapter U, part 1036, subpart F, of the CFR.

(3)The documentation must be provided in English, French or both official languages, as requested by the installer. However, in the case of a fuel map input file used for running the GEM computer simulation model, if the installer requests that the fuel map input file be provided in French, it must be provided in both official languages.

^note

52Tire maintenance#

(1)In the case of vocational vehicles, tractors and trailers, a company must ensure that the documentation respecting tire maintenance and replacement is provided to the first retail purchaser of every vehicle or trailer.

(2)The documentation must be provided in English, French or both official languages, as requested by the purchaser.

^note

Records

Evidence of Conformity

53Vehicle, engine or trailer covered by EPA certificate#

For a heavy-duty vehicle, heavy-duty engine or trailer that is covered by an EPA certificate and that is sold concurrently in Canada and the United States or has a national emissions mark applied to it, evidence of conformity in respect of a company for the purposes of paragraph 153(1)(b) of the Act consists of

(a)a copy of the EPA certificate covering the vehicle, the engine or the trailer and, if applicable, a copy of the evidence of the EPA approval concerning the vehicle, the engine or the trailer as referred to in paragraph 27(6)(a) or 33.1(4)(a), paragraph (a) of the description of A in subsection 40(1) or paragraph 41(2)(a), as the case may be;

(b)one or both of the following:

(i)a document demonstrating that the vehicles, the engines or the trailers covered by the EPA certificate are sold concurrently in Canada and the United States,

(ii)a document demonstrating that the vehicle, the engine or the trailer covered by the EPA certificate bears the national emissions mark;

(c)a copy of the records submitted to the EPA in support of the application for the EPA certificate in respect of the vehicle, engine or trailer and any application for an amendment to that EPA certificate and any records submitted to the EPA to maintain that EPA certificate; and

(d)a U.S. emission control information label or, in the case of a heavy-duty engine, a U.S. engine information label that is permanently affixed to the vehicle, the engine or the trailer in the form and location set out in

(i)section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR, section 1807 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR and section 135 of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR, for the applicable model year of the heavy-duty vehicle or trailer, and

(ii)section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR and section 135 of Title 40, chapter I, subchapter U, part 1036, subpart B, of the CFR, for the applicable model year of the heavy-duty engine.

^note

54Paragraph 153(1)(b) of Act#

(1)For the purposes of paragraph 153(1)(b) of the Act, a company must obtain and produce evidence of conformity for a heavy-duty vehicle, heavy-duty engine or trailer — other than one referred to in section 53 — in a form and manner satisfactory to the Minister.

(2)Subject to section 55, a company must submit the evidence of conformity to the Minister before importing a heavy-duty vehicle, heavy-duty engine or trailer or applying a national emissions mark to it.

^note

55Subsection 153(2) of Act#

For greater certainty, a company that imports a heavy-duty vehicle, heavy-duty engine or trailer or applies a national emissions mark to it under subsection 153(2) of the Act must submit the evidence of conformity referred to in subsection 54(1) to the Minister before the vehicle, the engine or the trailer leaves the possession or control of the company and, in the case of a vehicle, before it is presented for registration under the laws of a province or of an Aboriginal government.^note

Fleet Average Emissions

56Contents#

(1)A company that participates in the CO₂ emission credit system must maintain records containing the following information for each of its fleets:

(a)for each fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles,

(i)the model year,

(ii)the fleet average CO₂ emission standard,

(iii)the fleet average CO₂ emission value and, if applicable, the N₂O and CH₄ emission values,

(iv)the values and data used in calculating the fleet average CO₂ emission standard and the fleet average CO₂ emission value and, if applicable, in calculating the N₂O and CH₄ emission values,

(v)the values and data used in calculating the number of CO₂ emission credits and, if applicable, the number of early action credits,

(vi)the number of CO₂ emission credits used to offset a N₂O or CH₄ emission deficit, if applicable, and

(vii)the GVWR, curb weight, GCWR, type of transmission, gear ratio, axle ratio and type of engine for each vehicle configuration;

(b)for each fleet and, if applicable, subfleet of vocational vehicles and incomplete vocational vehicles,

(i)the model year,

(ii)the applicable CO₂ emission standard,

(iii)the CO₂ emission rate,

(iv)the values and data, including the GEM computer simulation model inputs and results, used in calculating the CO₂ emission rate, and

(v)the values and data used in calculating the number of CO₂ emission credits and, if applicable, the number of early action credits;

(c)for each fleet and, if applicable, subfleet of tractors and incomplete tractors,

(i)the model year,

(ii)the applicable CO₂ emission standard,

(iii)the CO₂ emission rate,

(iv)the values and data, including the GEM computer simulation model inputs and results, used in calculating the CO₂ emission rate, and

(v)the values and data used in calculating the number of CO₂ emission credits and, if applicable, the number of early action credits;

(d)for each fleet of heavy-duty engines,

(i)the model year,

(ii)the applicable CO₂ emission standard,

(iii)the CO₂ deteriorated emission level value, and

(iv)the values and data used in calculating the number of CO₂ emission credits and, if applicable, the number of early action credits; and

(e)for each fleet and, if applicable, subfleet of full-aero box van trailers,

(i)the model year,

(ii)the applicable CO₂ emission standard,

(iii)the CO₂ emission rate,

(iv)the values and data, including the inputs and result of the compliance equation set out in section 515(a) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, used in calculating the CO₂ emission rate, and

(v)the values and data used in calculating the number of CO₂ emission credits.

(2)A company must maintain records containing the following information for each heavy-duty vehicle in the fleets referred to in paragraphs (1)(a) to (c):

(a)the model year and vehicle configuration or subfleet of the vehicle, as the case may be;

(b)the CO₂ emission standard that applies to the vehicles of each subfleet and the fleet average CO₂ emission standard;

(c)for a vehicle that is covered by an EPA certificate, the vehicle family or the applicable test group;

(d)the name and street address of the plant where the vehicle was assembled;

(e)the vehicle identification number;

(f)the CO₂ emission value that applies to the fleet of the vehicle or the CO₂ emission rate that applies to the subfleet of the vehicle, as the case may be, and the values and data used in calculating that value or rate; and

(g)the name and the street or mailing address of the first retail purchaser of the vehicle in Canada.

(3)A company must maintain records containing the following information for each heavy-duty engine in the fleets referred to in paragraph (1)(d):

(a)the model year, the engine configuration and the fleet of the engine;

(b)the date of manufacture;

(c)the gross power;

(d)the identification of the emission control system;

(e)the CO₂ emission standard that applies to the engines of the fleet;

(f)the engine family’s identification code;

(g)the name of the engine manufacturer;

(h)the unique identification number of the engine;

(i)the deterioration factor and whether it constitutes a multiplicative deterioration factor or an additive deterioration factor, and the values and data used in calculating that factor; and

(j)the name and the street or mailing address of the first retail purchaser of the engine in Canada.

(4)A company must maintain records containing the following information for each of its full-aero box van trailers in the fleets referred to in paragraph (1)(e):

(a)the model year;

(b)the type of trailer;

(c)the CO₂ emission standard that applies to the type of trailer;

(d)for a trailer that is covered by an EPA certificate, the trailer family’s identification code;

(e)the name and street address of the plant where the trailer was manufactured;

(f)the trailer’s identification number;

(g)the CO₂ emission rate that applies to the trailer and the values and data used in calculating that rate; and

(h)the name and the street or mailing address of the first retail purchaser of the trailer in Canada.

^note

Engines Sold Concurrently

57Evidence of number of engines sold#

If subsection 13(7.1) or (8) applies in respect of a company’s heavy-duty engines, the company must maintain records demonstrating the number of heavy-duty engines sold in the United States that are of the same engine family.^note

Vocational Tractors

58Vocational tractor#

For the purposes of section 28, in the case of a tractor that conforms to the emission standards applicable to vocational vehicles instead of those applicable to tractors, the company must maintain records demonstrating that the tractor is a vocational tractor.^note

Maintenance and Submission of Records

59Maintenance of records#

(1)For heavy-duty vehicles, heavy-duty engines and trailers, a company must maintain in writing or in a readily readable electronic or optical form for each model year

(a)a copy of the reports referred to in sections 48 and 49 for a period of at least eight years after the end of the calendar year that corresponds to the model year;

(b)the evidence of conformity and records referred to in sections 53 and 54 for a period of at least eight years after the day on which the main assembly of the vehicle or manufacture of the engine or the trailer was completed;

(c)the records referred to in sections 56 and 57 for a period of at least eight years after the end of the calendar year that corresponds to the model year; and

(d)the records referred to in section 58 for a period of at least three years after the end of the calendar year that corresponds to the model year.

(2)If the copy of the reports, the evidence of conformity and the records referred to in subsection (1) are maintained on behalf of a company, the company must keep a record of the name, street address and, if different, the mailing address of the person who maintains those records.

(3)If the Minister makes a written request for the evidence of conformity or the records referred to in subsections (1) and (2), or a summary of any of them, the company must provide the Minister with the requested information, in either official language, within

(a)40 days after the day on which the request is delivered to the company; or

(b)if the evidence of conformity or records referred to in section 53 or 54 must be translated from a language other than French or English, 60 days after the day on which the request is delivered to the company.

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Information Regarding Suspension or Revocation of EPA Certificate

59.1Information to be submitted#

If an EPA certificate referred to in section 13 is suspended or revoked, the company must submit the following information to the Minister within 60 days after the day on which the certificate is suspended or revoked:

(a)its name, address and telephone number;

(b)a copy of the EPA certificate that was suspended or revoked;

(c)a copy of the EPA decision to suspend or revoke the certificate; and

(d)the make, model, if applicable, and model year of the vehicles, engines and trailers that are covered by the EPA certificate.

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Importation Document

60Importation for exhibition, demonstration, evaluation or testing#

(1)The declaration referred to in paragraph 155(1)(a) of the Act must be signed by the person referred to in that paragraph or their authorized representative and must contain

(a)the importer’s name, email address, telephone number, street address and, if different, mailing address;

(b)the name of the manufacturer of the vehicle, engine or trailer;

(c)the expected date of the importation;

(d)in the case of a vehicle, the vehicle’s class, make, model, model year and identification number;

(e)in the case of an engine, a description of the engine;

(f)in the case of a trailer, the trailer’s make, model year, identification number and model or, if there is no model, its type, length and axle configuration;

(g)a statement that the vehicle, engine or trailer will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing; and

(h)the date on which the vehicle, engine or trailer will be removed from Canada or destroyed.

(2)The declaration must be filed with the Minister

(a)before the import of the vehicle, engine or trailer; or

(b)in the case of a company whose annual world production of vehicles, engines or trailers is 2500 or more, as described in paragraph (a) or quarterly.

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Rental Rate

61Annual rental rate#

The annual 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 a vehicle, engine or trailer is made available, is 21% of the manufacturer’s suggested retail price of the vehicle, engine or trailer.^note

Application for Exemption

62Application#

(1)A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations must, before importing a vehicle or engine or applying a national emissions mark to a vehicle or engine, submit in writing to the Minister

(a)its name, street address and, if different, its mailing address;

(b)the province or country under the laws of which it is established;

(c)the section number, title and text or substance of the standards from which an exemption is sought;

(d)the duration requested for the exemption;

(e)the reason for requesting an exemption; and

(f)if the company is requesting that the information submitted be treated as confidential under section 313 of the Act, the reasons for the request.

(2)If the basis of an application for an exemption is the substantial financial hardship referred to in paragraph 156(1)(a) of the Act, the company must include in the submission to the Minister

(a)the world production of vehicles or engines 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 sought;

(b)the total number of vehicles or engines manufactured for, or imported into, the Canadian market in the 12-month period beginning two years before the beginning of the period in respect of which the exemption is sought;

(c)technical and financial information demonstrating in detail why conformity to the standards referred to in paragraph (1)(c) would create substantial financial hardship, including

(i)a list of each of the items that would have to be altered in order to achieve conformity,

(ii)an itemized and detailed description of the estimated cost to make the alterations referred to in subparagraph (i)

(A)at the end of one year after the day on which the application is submitted, if the duration of the requested exemption is for a period of one year or more but less than two years,

(B)at the end of two years after the day on which the application is submitted, if the duration of the requested exemption is for a period of two years or more but less than three years, or

(C)at the end of three years after the day on which the application is submitted, if the duration of the requested exemption is for a period of three years,

(iii)the estimated price increase per vehicle or engine to counter the total costs incurred under subparagraph (ii) and a statement of the anticipated effect of each such price increase, and

(iv)corporate balance sheets and income statements for the three fiscal years before the filing of the application;

(d)a description of the company’s efforts to have its vehicles or engines conform to the standards from which the exemption is sought, including

(i)a description of any other means of achieving conformity that were considered and the reasons for rejecting each of them, and

(ii)a description of the steps to be taken while the exemption is in effect and the estimated date by which conformity will be achieved through design changes to or the termination of the production of non-conforming vehicles or engines; and

(e)a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the control of emissions of the vehicle or the engine, including

(i)the reasons why not conforming to the prescribed standards would not substantially diminish the control of emissions of the vehicle or the engine, and

(ii)a description of other means of achieving conformity with the prescribed standards that were considered by the company and the reasons for rejecting each of them.

(3)If the basis of an application for an exemption is the development of new emission monitoring or emission control features referred to in paragraph 156(1)(b) of the Act, the company must include in the submission to the Minister

(a)a description of the new features;

(b)a copy of the research, development and testing documentation establishing the innovative nature of the new features;

(c)an analysis of how the level of performance of the new features is equivalent or superior to the level of performance required by the prescribed standards, including

(i)a detailed description of how a vehicle or engine equipped with the new features would, if exempted, differ from a vehicle or engine that conforms to the prescribed standards, and

(ii)the results of tests conducted on the new features that demonstrate a level of performance that is equivalent or superior to that required by the prescribed standards;

(d)evidence that an exemption would facilitate the development or the field evaluation of the vehicle or the engine; and

(e)a statement as to whether the company intends, at the end of the exemption period,

(i)to have the vehicle or the engine conform to the prescribed standards,

(ii)to apply for a further exemption, or

(iii)to request that the prescribed standards be amended to incorporate the new features.

(4)If the basis of an application for an exemption is the development of new kinds of vehicles, engines or vehicle or engine systems or components referred to in paragraph 156(1)(c) of the Act, the company must include in the submission to the Minister

(a)a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the control of emissions of the vehicle or the engine, including

(i)a detailed description of how the vehicle or the engine equipped with the new kinds of vehicle systems or components would, if exempted, differ from one that conforms to the prescribed standards,

(ii)the reasons why not conforming to the prescribed standards would not substantially diminish the control of emissions of the vehicle or the engine, and

(iii)a description of other means of achieving conformity that were considered and the reasons for rejecting each of them;

(b)evidence that an exemption would facilitate the development or the field evaluation of the vehicle or the engine; and

(c)a statement as to whether the company intends, at the end of the exemption period, to have the vehicle or the engine conform to the prescribed standards.

(5)If a company wishes to obtain a new exemption to take effect after the expiry of an exemption referred to in subsection (3) or (4), the company must submit, in writing, to the Minister

(a)the information required under subsection (3) or (4), as the case may be; and

(b)a statement of the total number of vehicles or engines sold in Canada under the expiring exemption.

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Defect Information

63Notice of defect#

(1)The notice of defect referred to in subsections 157(1) and (4) of the Act must contain the following information:

(a)the name of the company giving the notice and its street address and, if different, mailing address, and the name, email address, telephone number and, if any, facsimile number of the appropriate contact person;

(b)in the case of vehicles, the range or ranges of vehicle identification numbers for the vehicles in respect of which the notice is given, if known, and, for each of those vehicles, its make, model and model year and the period during which it was manufactured;

(c)in the case of engines, for each engine in respect of which the notice is given, its make, model and model year and the period during which it was manufactured;

(d)in the case of trailers, the range or ranges of trailer identification numbers for the trailers in respect of which the notice is given, if known, and, for each of those trailers,

(i)its make,

(ii)its model or, if there is no model, its type, length and axle configuration,

(iii)its model year, and

(iv)the period during which it was manufactured;

(e)the total number of vehicles, engines or trailers in respect of which the notice is given or, if the total number is not known, the estimated number, and the number or estimated number of vehicles, engines or trailers in each identifying classification;

(f)the estimated percentage of the potentially affected vehicles, engines or trailers that contain the defect;

(g)a description of the defect;

(h)an evaluation of the pollution risk arising from the defect;

(i)a statement of the measures to be taken to correct the defect; and

(j)a chronology of the principal events that led to the determination of the existence of the defect, if known.

(2)The notice of defect must be given in writing and, when given to a person other than the Minister, must be

(a)in both official languages; or

(b)in the person’s official language of choice, if known.

(3)A company must, within 60 days after the day on which a notice of defect is given, submit to the Minister the initial report referred to in subsection 157(7) of the Act containing

(a)any changes to the information referred to in subsection (1);

(b)if not already provided in the notice, the range or ranges of vehicle or trailer identification numbers;

(c)if not already provided in the notice, the total number of vehicles, engines or trailers in respect of which the notice was given and the number of vehicles, engines or trailers in each identifying classification;

(d)if not already provided in the notice, a chronology of the principal events that led to the determination of the existence of the defect; and

(e)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.

(4)If a company submits an initial report under subsection (3), it must, within 45 days after the day on which each quarter ends, submit quarterly reports to the Minister respecting the defect and its correction that contain the following information:

(a)the number, title or other identification assigned by the company to the notice of defect;

(b)if applicable, the revised number of vehicles, engines or trailers in respect of which the notice of defect was given;

(c)the date on which the notice of defect was given to the current owners of the affected vehicles, engines or trailers and the dates of any follow-up communications with those owners in respect of the notice; and

(d)the total number or percentage of vehicles, engines or trailers repaired by or on behalf of the company, including vehicles, engines or trailers requiring inspection only.

(5)For the application of section 157 of the Act, the CO₂ emission standard that applies

(a)to Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — or to spark-ignition engines that conform to the alternative CO₂ emission standard referred to in section 25 is the product of 1.1 multiplied by the CO₂ emission value for that vehicle configuration, rounded to the nearest gram per mile;

(b)to vocational vehicles is the result of the GEM computer simulation model using the parameters specified in subsection 26(2);

(c)to tractors of the 2020 model year or an earlier model year is the result of the GEM computer simulation model using the parameters specified in subsection 27(2), except that the coefficient of aerodynamic drag may originate from a bin for which the coefficient of aerodynamic drag is higher than that of the bin of the subject vehicle;

(d)to tractors of the 2021 model year or a subsequent model year is the result of the GEM computer simulation model using the parameters specified in subsection 27(2);

(e)to heavy-duty engines — other than engines referred to in paragraph (f), (g) or (h) — is the product of 1.03 multiplied by the applicable standard set out in section 30 for that engine, or in the case of an engine that is grouped into a fleet referred to in section 18, the product of 1.03 multiplied by the CO₂ deteriorated emission level applicable to the fleet;

(f)to heavy-duty engines of the 2014 to 2016 model years that conform to the alternative CO₂ emission standard referred to in subsection 31(1) is the product of 1.03 multiplied by the alternative CO₂ emission standard;

(g)to heavy-duty engines of the 2013 to 2016 model years that conform to the alternative CO₂ emission standard referred to in subsection 31(2) is the product of 1.03 multiplied by the alternative CO₂ emission standard;

(h)to heavy-duty engines of the 2024 to 2026 model years that conform to the alternative CO₂ emission standard referred to in subsection 31(5) is the product of 1.03 multiplied by the alternative CO₂ emission standard, or in the case of an engine that is grouped into a fleet referred to in section 18, the product of 1.03 multiplied by the CO₂ deteriorated emission level applicable to the fleet; and

(i)to full-aero and partial-aero box van trailers is the result of the compliance equation set out in section 515(a) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR.

(6)For the purposes of section 157 of the Act, the standard that applies to a non-box trailer or a non-aero box van trailer is the one that is set out in section 16.1.

^note

Coming into Force

64Registration#

These Regulations come into force on the day on which they are registered.

National Emissions Mark (Subsection 7(1))

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.