O. Reg. 191/10: MOTOR VEHICLES


Published: 2010-06-04

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ontario regulation 191/10

made under the

environmental protection act

Made: June 2, 2010
Filed: June 4, 2010
Published on e-Laws: June 7, 2010
Printed in The Ontario Gazette: June 19, 2010


Amending O. Reg. 361/98

(Motor Vehicles)

1. (1) The definition of “catalytic converter” in subsection 1 (1) of Ontario Regulation 361/98 is revoked and the following substituted:

“catalytic converter” means a device through which exhaust from a motor is passed in order to prevent or lessen the emission of a contaminant;

(2) The definition of “conditional emissions inspection report” in subsection 1 (1) of the Regulation is amended by striking out “or 9.2 (3)” at the end.

(3) The definitions of “leaded gasoline” and “unleaded gasoline” in subsection 1 (1) of the Regulation are revoked.

2. (1) Subsection 1.1 (1) of the Regulation is amended by striking out “the testing of air emissions of light vehicles” at the end and substituting “the testing of air emissions and on-board diagnostic systems of light vehicles”.

(2) Subsection 1.1 (2) of the Regulation is amended by striking out “the testing of air emissions of heavy vehicles” at the end and substituting “the testing of air emissions and on-board diagnostic systems of heavy vehicles”.

(3) Clause 1.1 (3) (b) of the Regulation is amended by striking out “the repair of emission control systems” and substituting “the repair of on-board diagnostic systems, emission control systems”.

(4) Section 1.1 of the Regulation is amended by adding the following subsections:

(3.1) If the Director is satisfied that a Drive Clean repair technician has incompetently performed repairs intended to bring a vehicle more nearly into compliance with the maximum emissions standards or test standards prescribed by this Regulation, the Director may, by giving written notice to the repair technician, require the repair technician to successfully complete one or more courses satisfactory to the Director to address the incompetence.

(3.2) Despite subsections (1) and (2) and clause (3) (b), if a person is a Drive Clean inspector referred to in subsection (1) or (2) or a Drive Clean repair technician referred to in clause (3) (b) on December 31, 2010 and that person would be required to complete a course referred to in subsection (1), (2) or clause (3) (b) during the period beginning on January 1, 2011 and ending on December 31, 2012, that person is required to complete the applicable course referred to in subsection (1), (2) or clause (3) (b) no later than December 31, 2012.

(5) Subclause 1.1 (4) (c) (i) of the Regulation is amended by striking out “maximum emission standards prescribed in section 7, 8, 9, 10, 11 or 12” and substituting “standards prescribed in section 7, 8, 9, 9.0.1, 10, 11 or 12”.

(6) Subclause 1.1 (4) (c) (i) of the Regulation, as amended by subsection (5), is amended by striking out “section 7, 8, 9, 9.0.1, 10, 11 or 12” and substituting “section 7, 8, 9.0.1, 10, 11 or 12”.

(7) Subclause 1.1 (4) (c) (ii) of the Regulation is amended by striking out “emission standards prescribed in section 8 or 9” and substituting “standards prescribed in section 8, 9 or 9.0.1”.

(8) Subclause 1.1 (4) (c) (ii) of the Regulation, as amended by subsection (7), is amended by striking out “section 8, 9 or 9.0.1” and substituting “section 8 or 9.0.1”.

(9) Subsection 1.1 (4) of the Regulation is amended by striking out “or” at the end of clause (b), adding “or” at the end of clause (c) and by adding the following clause:

(d) the person has previously been given notice under subsection (3.1) and the Director is satisfied that the person has, on an occasion other than the occasion that is the subject matter of that previous notice, incompetently performed repairs intended to bring a vehicle more nearly into compliance with the standards prescribed in this Regulation.

(10) Subsection 1.1 (5) of the Regulation is amended by striking out “under subsection (4)” and substituting “under subsection (3.1) or (4)”.

3. (1) The heading before section 1.2 of the Regulation is revoked and the following substituted:

False Reports

(2) Clause 1.2 (a) of the Regulation is amended by striking out “maximum emission standards prescribed in section 7, 8, 9, 10, 11 or 12” and substituting “standards prescribed in section 7, 8, 9, 9.0.1, 10, 11 or 12”.

(3) Clause 1.2 (a) of the Regulation, as amended by subsection (2), is amended by striking out “section 7, 8, 9, 9.0.1, 10, 11 or 12” and substituting “section 7, 8, 9.0.1, 10, 11 or 12”.

(4) Clause 1.2 (b) of the Regulation is amended by striking out “emission standards prescribed in section 8 or 9” and substituting “standards prescribed in section 8, 9 or 9.0.1”.

(5) Clause 1.2 (b) of the Regulation, as amended by subsection (4), is amended by striking out “section 8, 9 or 9.0.1” and substituting “section 8 or 9.0.1”.

4. (1) Subsection 2 (2) of the Regulation is amended by striking out “the maximum emission standards prescribed in sections 8, 9 and 11” and substituting “the standards prescribed in sections 8, 9.0.1 and 11”.

(2) Section 2 of the Regulation is amended by adding the following subsection:

(2.1) No person other than a Drive Clean inspector for light vehicles who has successfully completed a course satisfactory to the Director with respect to testing of air emissions and on-board diagnostic systems of light vehicles shall determine compliance with the standards prescribed in section 9.0.1.

(3) Subsection 2 (2.1) of the Regulation, as made by subsection (2), is revoked.

(4) Subsection 2 (5) of the Regulation is amended by striking out “maximum emission standards prescribed in section 7, 8, 9, 10, 11 and 12” and substituting “standards prescribed in section 7, 8, 9, 9.0.1, 10, 11 and 12”.

(5) Subsection 2 (5) of the Regulation, as amended by subsection (4), is amended by striking out “section 7, 8, 9, 9.0.1, 10, 11 and 12” and substituting “section 7, 8, 9.0.1, 10, 11 and 12”.

(6) Subsection 2 (6) of the Regulation is amended by,

(a) striking out “subsections (1), (2), (4) and (5)” and substituting “subsections (1), (2), (2.1), (4) and (5)”; and

(b) striking out “maximum emission standards prescribed in this Regulation” and substituting “standards prescribed in this Regulation”.

(7) Subsection 2 (6) of the Regulation, as amended by subsection (6), is amended by striking out “subsections (1), (2), (2.1), (4) and (5)” and substituting “subsections (1), (2), (4) and (5)”.

(8) Subsection 2 (7) of the Regulation is amended by striking out “maximum emission standards prescribed in section 7, 8, 9, 10, 11 or 12” and substituting “standards prescribed in section 7, 8, 9, 9.0.1, 10, 11 or 12”.

(9) Subsection 2 (7) of this Regulation, as amended by subsection (8), is amended by striking out “section 7, 8, 9, 9.0.1, 10, 11 or 12” and substituting “section 7, 8, 9.0.1, 10, 11 or 12”.

(10) Subsection 2 (8) of the Regulation is amended by striking out “may include testing” and substituting “may include an advisory test”.

5. (1) Subsection 3 (3) of the Regulation is amended by striking out “sections 8, 9 and 11” and substituting “sections 8, 9, 9.0.1 and 11”.

(2) Subsection 3 (3) of the Regulation, as amended by subsection (1), is amended by striking out “sections 8, 9, 9.0.1 and 11” and substituting “sections 8, 9.0.1 and 11”.

6. Subsections 5 (1) and (2) of the Regulation are revoked.

7. Subsection 7 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) If a motor or motor vehicle is manufactured with a system or device to prevent or lessen the emission of any contaminant, including an on-board diagnostic system designed to identify motor or emissions control system problems and regulate motor or emission control system operations, the following standards are prescribed as additional maximum emission standards for the vehicle:

. . . . .

8. Section 9 of the Regulation is revoked. 

9. (1) The Regulation is amended by adding the following section:

On-Board Diagnostic System Test (All Light Vehicles)

9.0.1 (1) This section applies to a light vehicle of a model year after 1997 that was manufactured with an on-board diagnostic system designed to identify motor or emission control system problems and regulate motor or emission control system operations if the design or configuration of the motor vehicle,

(a) is compatible with the performance of the test referred to in subsection (4); and

(b) would not render the performance of the test referred to in subsection (4) unsafe.

(2) This section applies in the following areas:

1. The Greater Toronto Area.

2. The urban and commuter areas.

3. The expanded program area.

(3) The on-board diagnostic system test standards set out in Table 9.0.1B of the Drive Clean Guide are prescribed as standards for motor vehicles to which this section applies.

(4) The procedure to be used for testing a motor vehicle’s compliance with the standards prescribed in subsection (3) is the on-board diagnostic system test as described in the Drive Clean Guide or a test that the Director considers equivalent.

(5) Subject to subsection (6), if this section applies to a vehicle, the procedure prescribed in subsection (4) shall be used before a procedure prescribed in subsection 8 (4), 9 (7.2), (7.4) or 11 (3).

(6) During the period beginning on November 1, 2011 and ending on December 31, 2012, subsection (5) applies only if the Ontario Drive Clean testing facility at which the vehicle is tested has the equipment to perform the procedure mentioned in subsection (4) and a Drive Clean inspector who has successfully completed the course satisfactory to the Director with respect to the testing of air emissions and on-board diagnostic systems of light vehicles is available at the facility to perform the procedure.

(7) A motor vehicle to which this section applies that does not operate on diesel fuel is deemed to comply with sections 8 and 9 if it complies with the standards prescribed in subsection (3).

(8) A motor vehicle to which this section applies that operates on diesel fuel is deemed to comply with section 11 if it complies with the standards prescribed in subsection (3).

(2) Subsection 9.0.1 (5) of the Regulation, as made by subsection (1), is amended by striking out “subsection 8 (4), 9 (7.2), (7.4) or 11 (3)” at the end and substituting “subsection 8 (4) or 11 (3)”.

(3) Subsection 9.0.1 (7) of the Regulation, as made by subsection (1), is amended by striking out “sections 8 and 9” and substituting “section 8”.

(4) Section 9.0.1 of the Regulation, as made by subsection (1), is amended by adding the following subsections:

(9) Every motor vehicle to which this section applies shall comply with the on-board diagnostic system test standards. 

(10) No person shall operate or cause or permit the operation of a motor vehicle that does not comply with subsection (9).

10. (1) The heading before section 9.1 is revoked and the following substituted:

Repair Cost Limit for Light Vehicles

(2) Subsection 9.1 (1) of the Regulation is amended by striking out “Subsections 8 (6) and 9 (9)” at the beginning and substituting “Subsections 8 (6) and 9.0.1 (9)”.

(3) Subparagraph 2 i of subsection 9.1 (1) of the Regulation is amended by striking out “maximum emission standards” at the end and substituting “maximum emission standards or the standards prescribed in section 9.0.1”.

(4) Sub-subparagraph 2 ii A of subsection 9.1 (1) of the Regulation is amended by striking out “maximum emission standards” and substituting “maximum emission standards or the standards prescribed in section 9.0.1”.

(5) Sub-subparagraph 2 ii B of subsection 9.1 (1) of the Regulation is amended by striking out “maximum emission standards” at the end and substituting “maximum emission standards or the standards prescribed in section 9.0.1”.

(6) Paragraph 3 of subsection 9.1 (1) of the Regulation is amended by striking out “Within 60 days after the date” at the beginning and substituting “If work has been performed under subparagraph 2 ii, within 60 days after the date”.

(7) Subsection 9.1 (2) of the Regulation is amended by striking out “subsections 8 (6) and 9 (9)” and substituting “subsections 8 (6) and 9.0.1 (9)”.

(8) Subsection 9.1 (3) of the Regulation is amended by,

(a) striking out “subsections 8 (6) and 9 (9)” and substituting “subsections 8 (6) and 9.0.1 (9)”; and

(b) striking out “emission standards prescribed in sections 8 and 9” at the end and substituting “standards prescribed in sections 8 and 9.0.1”.

(9) Subsection 9.1 (5) of the Regulation is revoked.

11. Section 9.2 of the Regulation is revoked.

12. (1) Subject to subsection (2), this Regulation comes into force on July 1, 2010.

(2) The following provisions come into force on January 1, 2013:

1. Subsections 2 (1), (2), (3), (6) and (8).

2. Subsections 3 (3) and (5).

3. Subsections 4 (1), (3), (5), (7) and (9).

4. Subsection 5 (2).

5. Section 8.

6. Subsections 9 (2), (3) and (4).

7. Subsections 10 (2), (3), (4), (5), (7) and (8).