Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

SOR/2013-24CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2013-02-22
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations
P.C. 2013-160 2013-02-22Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, 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;

Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33

Therefore, 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, 1999Footnote b, makes the annexed Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations.Interpretation

Marginal note:Definitions

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

Act
Loi

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

adjusted loaded vehicle weight
poids ajusté du véhicule chargé

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
dispositif de traitement postcombustion

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
essais A à B

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

auxiliary emission control device
dispositif antipollution auxiliaire

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
groupe de calcul de points

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

(a) Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those referred to in the definition vocational vehicle;
(b) Class 2B, Class 3, Class 4 and Class 5 vocational vehicles and incomplete vocational vehicles;
(c) Class 6 and Class 7 heavy-duty vehicles and heavy-duty incomplete vehicles;
(d) Class 8 heavy-duty vehicles and heavy-duty incomplete vehicles;
(e) 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; or
(h) heavy heavy-duty engines that are compression-ignition engines. (groupe de calcul de points)

basic vehicle frontal area
surface frontale du véhicule de base

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)

cab-complete vehicle
véhicule à cabine complète

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
calibrages

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
CFR

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

CH4
CH4

CH4 means methane. (CH4)

Class 2B
classe 2B

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
classe 3

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
classe 4

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
classe 5

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
classe 6

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
classe 7

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
classe 8

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

compression-ignition engine
moteur à allumage par compression

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)

CO2
CO2

CO2 means carbon dioxide. (CO2)

CO2 family certification level
niveau de certification de la famille applicable au CO2

CO2 family certification level means the maximum CO2 emission level that is determined by a company for heavy-duty engines. (niveau de certification de la famille applicable au CO2)

curb weight
masse en état de marche

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
cabine de jour

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

deteriorated emission level
niveau d’émissions détérioré

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
facteur de détérioration

deterioration factor means the relationship between the emission level measured at the end of useful life or at the point where it is the highest during the useful life 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 a maximum of 125 hours of operation in relation to an engine that has stabilized emissions, determined in accordance with

(a) section 1823(m) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, and section 104(d)(5) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR, in the case of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those referred to in the definition vocational vehicle;
(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)

electric vehicle
véhicule électrique

electric vehicle means a heavy-duty 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 both electricity and solar power. (véhicule électrique)

element of design
élément de conception

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

(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)

emission control system
système antipollution

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
configuration de moteur

engine configuration means a unique combination of heavy-duty engine hardware and calibration that has an effect on measured emissions. (configuration de moteur)

engine family
famille de moteurs

engine family means the classification unit of a company’s product line of heavy-duty engines for the purposes of testing selection, determined in accordance with section 230 of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR. (famille de moteurs)

EPA
EPA

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

EPA certificate
certificat de l’EPA

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

family emission limit
limite d’émissions de la famille

family emission limit means, as the case may be,

(a) the value corresponding to the product of 1.03 multiplied by the CO2 family certification level in the case of a heavy-duty engine’s CO2 emissions; or

(b) the maximum emission level determined by a company, in the case of

(i) a heavy-duty vehicle’s CO2 emissions, and,
(ii) a heavy-duty vehicle and heavy-duty engine’s N2O or CH4 emissions. (limite d’émissions de la famille)

FTP-based city test
essai en ville

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)

GAWR
PNBE

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
PNBC

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
modèle de simulation informatique GEM

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
PNBV

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
véhicule lourd complet

heavy-duty completed vehicle means a heavy-duty vehicle that has a cargo-carrying surface, work-performing equipment or primary load-carrying device or that is capable of pulling a trailer. (véhicule lourd complet)

heavy-duty engine
moteur de véhicule lourd

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
véhicule lourd incomplet

heavy-duty incomplete vehicle means a heavy-duty vehicle that is manufactured by assembling components — none of which, taken separately, constitutes a heavy-duty incomplete vehicle — and that consists of, at a minimum, a chassis structure, a powertrain and wheels in the state in which all of those components are to be part of the heavy-duty completed vehicle, but that requires further manufacturing operations to become so. (véhicule lourd incomplet)

heavy-duty vehicle
véhicule lourd

heavy-duty vehicle means an on-road vehicle that has a GVWR of more than 3 856 kg (8,500 pounds), a curb weight of more than 2 722 kg (6,000 pounds) or a basic vehicle frontal area in excess of 4.2 m2 (45 square feet), 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 heavy-duty engine
gros moteur de véhicule 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
gros véhicule lourd

heavy heavy-duty vehicle means a Class 8 heavy-duty vehicle. (gros véhicule lourd)

HFET-based highway test
essai sur route

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
toit élevé

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
moteur hybride ou groupe motopropulseur hybride

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
véhicule 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
tracteur routier incomplet

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
véhicule spécialisé 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
technologie innovatrice

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
petit moteur de véhicule lourd

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
petit véhicule lourd

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

low-roof
toit bas

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
moteur moyen de véhicule lourd

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
véhicule mi-lourd

medium heavy-duty vehicle means a Class 6 or Class 7 heavy-duty vehicle. (véhicule mi-lourd)

mid-roof
toit moyen

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)

model year
année de modèle

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

nominal tank capacity
capacité nominale du réservoir à carburant

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)

N2O
N2O

N2O means nitrous oxide. (N2O)

on-road vehicle
véhicule routier

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)

power take-off
prise de mouvement

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)

sleeper cab
cabine couchette

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
moteur à allumage commandé

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
rayon sous charge statique

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
cycle de service permanent

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 weight
masse à l’essai

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

tire rolling resistance level
niveau de résistance au roulement du pneu

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
tracteur routier

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)

transient duty cycle
cycle de service transitoire

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)

vehicle configuration
configuration de véhicule

vehicle configuration means, in respect of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, a configuration as defined in section 104(d)(12)(i) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR. (configuration de véhicule)

vehicle service class
classe de service d’un véhicule

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 d’un véhicule)

vehicle subconfiguration
sous-configuration de véhicule

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
tracteur routier spécialisé

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 that has a GCWR of more than 54 431 kg (120,000 pounds). (tracteur routier spécialisé)

vocational vehicle
véhicule 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 referred to in section 104(f) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR. (véhicule spécialisé)

Marginal note:CFR

(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.

Marginal note:Interpretation

(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”.

Marginal note:Rounding

(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 heavy-duty 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.

Marginal note:Useful life

(5) “Useful life”, unless otherwise provided in these Regulations, 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 referred to in the definition vocational vehicle in subsection (1) — namely, 11 years or 193 121 km (120,000 miles), whichever occurs first;
(b) Class 2B, Class 3, Class 4 and Class 5 vocational vehicles and incomplete vocational vehicles, heavy-duty engines that are spark-ignition engines and light heavy-duty engines that are compression-ignition engines, namely, 10 years or 177 027 km (110,000 miles), whichever occurs first;
(c) Class 6 and Class 7 vocational vehicles and incomplete vocational vehicles, Class 7 tractors and incomplete tractors and medium heavy-duty engines that are compression-ignition engines, namely, 10 years or 297 728 km (185,000 miles), whichever occurs first;
(d) Class 8 vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors, namely, 10 years or 700 064 km (435,000 miles), whichever occurs first; or
(e) heavy heavy-duty engines that are compression-ignition engines, namely, as set out in section 2 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR, for emissions of oxides of nitrogen (NOX), hydrocarbon (HC), particulate matter (PM) and carbon monoxide (CO).

Marginal note:Roof height — tractors

(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.

Marginal note:Roof height measurement — tractors

(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.

Marginal note:Adjustable roof fairing — tractors

(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.

Marginal note:Family emission limit

(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.

Marginal note:Spark-ignition engines

(10) For the purposes of these Regulations, a spark-ignition engine 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.

Marginal note:Compression-ignition engines

(11) For the purposes of these Regulations, a compression-ignition engine 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.

Marginal note:Concurrent sale

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

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

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

(i) the day on which the national emissions mark is applied to the vehicle or engine, 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, as the case may be, was completed.

SOR/2015-186, s. 61.

Purpose

Marginal note:Purpose

2 The purpose of these Regulations is to reduce greenhouse gas emissions from heavy-duty vehicles and engines by establishing emission standards and test procedures that are aligned with the federal requirements of the United States.

Background

Marginal note:Background

3 These Regulations set out

(a) prescribed classes of vehicles and engines for the purposes of section 149 of the Act;
(b) requirements respecting the conformity of heavy-duty vehicles and heavy-duty engines with greenhouse gas emission standards for the purposes of section 153 of the Act;
(c) requirements respecting the conformity of fleets of heavy-duty vehicles and heavy-duty engines to greenhouse gas emission standards and other requirements for carrying out the purposes of Division 5 of Part 7 of the Act; and
(d) a credit system for the purposes of section 162 of the Act.

Model Year

Marginal note:Model year

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

Marginal note:Period of production

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

Prescribed Classes of Vehicles and Engines

Marginal note:Heavy-duty vehicles

5 (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.

Marginal note:Heavy-duty engines

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

Marginal note:Exclusion

(3) The prescribed classes of vehicles and engines referred to in subsections (1) and (2) do not include heavy-duty vehicles or heavy-duty engines 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.

Marginal note:Transportation within Canada — heavy-duty vehicles

(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.

Marginal note:Transportation within Canada — heavy-duty engines

(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.

National Emissions Mark

Marginal note:Application

6 (1) A company that intends to apply a national emissions mark to a vehicle or engine for the purposes of these Regulations must apply to the Minister to obtain an authorization in accordance with paragraphs 7(2)(a) to (c) and (e) of the On-Road Vehicle and Engine Emission Regulations and the application must include the street address where the records referred to in section 59 of these Regulations will be maintained.

Marginal note:Exception

(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.

Marginal note:National emissions mark

7 A company that applies a national emissions mark to a vehicle or engine must comply with section 8 of the On-Road Vehicle and Engine Emission Regulations.

Labelling

Marginal note:Non EPA-certified engines

8 (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 HEAVY-DUTY VEHICLE AND ENGINE GREENHOUSE GAS EMISSION REGULATIONS IN EFFECT FOR MODEL YEAR [MODEL YEAR] / CE MOTEUR EST CONFORME À TOUTES LES NORMES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LES ÉMISSIONS DE GAZ À EFFET DE SERRE DES VÉHICULES LOURDS ET DE LEURS MOTEURS DU CANADA EN VIGUEUR POUR L’ANNÉE DE MODÈLE [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 or the test group, 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; and
(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.

Marginal note:National emissions mark

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

Marginal note:Date of manufacture and unique identification number

(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.

Marginal note:Engines referred to in section 25

(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 150(m)(4) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR.

Marginal note:Engines referred to in subsection 31(1)

(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.

SOR/2015-186, s. 62.
Previous Version

Marginal note:Non EPA-certified vehicles

9 (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 HEAVY-DUTY VEHICLE AND ENGINE GREENHOUSE GAS EMISSION REGULATIONS IN EFFECT FOR MODEL YEAR [MODEL YEAR] / CE VÉHICULE EST CONFORME À TOUTES LES NORMES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LES ÉMISSIONS DE GAZ À EFFET DE SERRE DES VÉHICULES LOURDS ET DE LEURS MOTEURS DU CANADA EN VIGUEUR POUR L’ANNÉE DE MODÈLE [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 vehicle’s date of manufacture;
(e) the type of vehicle, in both official languages, referred to in subparagraphs 18(3)(a)(i) to (xiii);
(f) the vehicle family or the test group, as the case may be;
(g) the identification of the emission control system;
(h) in the case of a vocational vehicle referred to in subsection 26(3), a statement, in both official languages, that the vehicle is exempted under that subsection;
(i) in the case of a vocational tractor, a statement, in both official languages, that the vehicle is a vocational tractor;
(j) in the case of a vocational vehicle or a tractor that is exempted under section 17, a statement to that effect, in both official languages; and
(k) in the case of a Class 2B or Class 3 heavy-duty vehicle or cab-complete vehicle — excluding those referred to in the definition vocational vehicle in subsection 1(1) — 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.

Marginal note:National emissions mark

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

Marginal note:Date of manufacture

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

SOR/2015-186, s. 63.
Previous Version

Marginal note:Requirements

10 All the labels applied to a vehicle or engine, as the case may be, in accordance with sections 8 and 9, must

(a) be applied to a conspicuous and readily accessible location;
(b) be permanently attached to the vehicle and, in the case of an engine, be permanently attached 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.

Vehicles Manufactured in Stages

Marginal note:Requirements

11 (1) If a company alters a heavy-duty vehicle or heavy-duty incomplete vehicle that was in conformity to these Regulations in such a manner that its stated type of vehicle referred to in subparagraphs 18(3)(a)(i) to (xiii) 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 paragraph 53(d), 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) in respect of the work carried out by the company to alter the vehicle, ensure that the vehicle conforms to all applicable standards;

(c) subject to subsection (2), 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 referred to in section 6, and
(iv) the type of vehicle referred to in subparagraphs 18(3)(a)(i) to (xiii), 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 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.

Marginal note:National emissions mark

(2) The national emissions mark referred to in subparagraph (1)(c)(iii) may also be displayed on a label applied to the vehicle immediately beside the U.S. emission control information label or the compliance label referred to in section 9, as the case may be.

Marginal note:Non-participation in credit system

(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.

Greenhouse Gas Emission Standards

General

Heavy-duty Vehicles of the 2014 Model Year

Marginal note:January 1, 2014

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

Marginal note:Election

(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.

Heavy-duty Vehicles and Engines Covered by an EPA Certificate

Marginal note:Conforming to EPA certificate

13 (1) Subject to subsections (4) and (8), a heavy-duty vehicle or heavy-duty engine of a given model year that is covered by an EPA certificate and bears the 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 referred to in the definition vocational vehicle in subsection 1(1);
(b) sections 14 and 15 and subsection 26(1) for vocational vehicles and incomplete vocational vehicles;
(c) sections 14 to 16 and subsection 27(1) for tractors and incomplete tractors; and
(d) sections 14 and 15 and subsection 29(1) and, as the case may be, section 30 or subsection 31(1) or (2) for heavy-duty engines.

Marginal note:Exceeding N2O or CH4 emission standard

(2) For greater certainty, a company that manufactures or imports a Class 2B or Class 3 heavy-duty vehicle or cab-complete vehicle — excluding those referred to in the definition vocational vehicle in subsection 1(1) — or a heavy-duty engine that is covered by an EPA certificate and that conforms to a N2O or CH4 family emission limit that exceeds the N2O or CH4 emission standard applicable to the model year of that vehicle or engine under these Regulations, must conform to subsections 20(3) to (6) or 29(4) to (7), as the case may be.

Marginal note:Comply with CO2 emission credit system

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

Marginal note:Fleets — vehicles

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

(a) at least 50% of its vocational vehicles and incomplete vocational vehicles and at least 50% of its tractors and incomplete tractors of the 2015 model year if the number of heavy-duty vehicles it sold in Canada is greater than 500;
(b) at least 75% of its vocational vehicles and incomplete vocational vehicles and at least 75% of its tractors and incomplete tractors of the 2016 model year if the number of heavy-duty vehicles it sold in Canada is greater than 500; and
(c) all its 2017 and subsequent model year heavy-duty vehicles.

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

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

Marginal note:If all vehicles grouped into fleets

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

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

Marginal note:Early action credits

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

Marginal note:Fleets — engines

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

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

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

(i) is more than 1000 and exceeds the number of engines of the same engine family that it sold in the United States, or
(ii) is between 101 and 1000 and is more than twice the number of engines of the same engine family that it sold in the United States.

Marginal note:Subsection 153(3) of Act

(9) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that apply to a vehicle or an engine referred to in subsection (1) under the EPA certificate correspond to the certification and in-use standards referred to in subsection (1).

Marginal note:EPA

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

SOR/2015-186, s. 64.
Previous Version

Emission Control Systems

Marginal note:On-Road Vehicle and Engine Emission Regulations

14 (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.

Marginal note:Defeat device

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

Marginal note:Test procedures

(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.

Adjustable Parameters

Marginal note:Definition

15 (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 or heavy-duty engine 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 vehicle or engine manufacturer or that is inaccessible using ordinary tools.

Marginal note:Standards

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

Marginal note:Adjustable roof fairing

(3) The adjustable roof fairing of a tractor is not an adjustable parameter for the purposes of this section.

Air Conditioning Systems

Marginal note:Standards

16 A heavy-duty vehicle or heavy-duty incomplete vehicle — other than a vocational vehicle or incomplete vocational vehicle — that is equipped with an air conditioning system must conform to section 115(c) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR.

Small Volume Companies — Tractors and Vocational Vehicles

Marginal note:Exemption

17 (1) A company may elect, for a given model year, to not comply with the CO2 emission standards set out in subsection 26(1) or 27(1), as the case may be, for its tractors and vocational vehicles and, in the case of tractors and vocational vehicles covered by an EPA certificate, the company may elect to not 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) its average number of tractors and vocational vehicles manufactured or imported for sale in Canada for the three most recent consecutive model years preceding the model year is less than 200; and
(c) it reports this election in its end of model year report in accordance with section 48.

Marginal note:CO2 emission credit system

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

Marginal note:Merger

(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 the election referred to in subsection (1) if the 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 less than 200.

Marginal note:Acquisition

(4) If a company acquires one or more companies after the day on which these Regulations come into force, it must

(a) in the case where the company made the election referred to in subsection (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 tractors and vocational vehicles of each of the acquired companies and report it in its first end of model year report following the acquisition; or
(b) in the case where the company makes the election referred to in subsection (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 tractors and vocational vehicles of each of the acquired companies.

Composition of Fleets

Definition of fleet

18 (1) In these Regulations, fleet refers to the heavy-duty vehicles and heavy-duty engines that a company imports or manufactures in Canada for the purpose of sale in Canada to the first retail purchaser, 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.

Marginal note:Exclusions

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

(a) the heavy-duty vehicles and heavy-duty engines that it manufactures and that will 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 and heavy-duty engines that it imports 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.

Marginal note:Fleet composition

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

(a) in the case of heavy-duty vehicles and subject to subsections (4) to (7), each fleet is composed solely of the vehicles referred to in one of the following subparagraphs:

(i) subject to section 25 and subsection 26(6), Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those referred to in the definition vocational vehicle in subsection 1(1),
(ii) Class 2B, Class 3, Class 4 and Class 5 vocational vehicles and incomplete vocational vehicles,
(iii) Class 6 and Class 7 vocational vehicles and incomplete vocational vehicles,
(iv) Class 8 vocational vehicles and incomplete vocational vehicles,
(v) Class 7 low-roof tractors and incomplete tractors,
(vi) Class 7 mid-roof tractors and incomplete tractors,
(vii) Class 7 high-roof tractors and incomplete tractors,
(viii) Class 8 low-roof day cab tractors and incomplete tractors,
(ix) Class 8 low-roof sleeper cab tractors and incomplete tractors,
(x) Class 8 mid-roof day cab tractors and incomplete tractors,
(xi) Class 8 mid-roof sleeper cab tractors and incomplete tractors,
(xii) Class 8 high-roof day cab tractors and incomplete tractors, or
(xiii) Class 8 high-roof sleeper cab tractors and incomplete tractors; and

(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,
(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 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 compression-ignition engines and that are designed to be used in tractors and incomplete tractors.

Marginal note:Class 2B and Class 3 heavy-duty vehicles

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

Marginal note:Grouping into subfleets

(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 limits, 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, as described in section 1827 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

Marginal note:Tractors and vocational vehicles

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

(a) if applicable, be vocational tractors, hybrid vehicles with 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 or vehicles manufactured with innovative technologies; 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.

Marginal note:Roof heights, cab types and GVWR

(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.

Marginal note:Heavy-duty engines

(8) For the purposes of paragraph (3)(b), all heavy-duty engines of a fleet must be of the same engine family 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.

Marginal note:Fleet of engines not sold in United States

(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 fleet are sold in the United States.

Grouping into Fleets

Marginal note:Election applicable to all vehicles and engines

19 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

Marginal note:Standards

20 (1) Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles of the 2014 and subsequent model years — excluding those referred to in the definition vocational vehicle in subsection 1(1) — must have N2O and CH4 emission values that do not exceed 0.05 g/mile for N2O or 0.05 g/mile for CH4 for the applicable useful life of the vehicle.

Marginal note:Calculation

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

Marginal note:Fleet calculation

(3) A company that manufactures or imports vehicles referred to in subsection (1) that exceed any of the standards set out in that subsection must group those vehicles of a given model year into a fleet and subfleets in accordance with section 18 and must calculate the N2O and CH4 emission deficits for that fleet, expressed in megagrams of CO2 and rounded in accordance with subsection 35(2), by adding the deficits for all those subfleets, if applicable, using the formula

((A – B) × C × D × E) ÷ (1 000 000)
where

A 
is 0.05 g/mile for N2O and 0.05 g/mile for CH4;

B 
is the N2O or CH4 family emission limit for the fleet or subfleet, as the case may be, and corresponds to the N2O or CH4 emission value calculated in accordance with section 24;

C 
is the number of vehicles in the fleet or subfleet, as the case may be;

D 
is the useful life for the vehicle, namely, 120,000 miles; and

E 
is the global warming potential and is equal to the following number of credits needed to offset a N2O and CH4 deficit:

(a) an emission credit of 298 Mg of CO2 to offset a deficit of 1 Mg of N2O; and
(b) an emission credit of 25 Mg of CO2 to offset a deficit of 1 Mg of CH4.

Marginal note:Family emission limit

(4) For the purposes of subsection (3), every vehicle within the fleet or subfleet, as the case may be, must conform to the N2O or CH4 family emission limit corresponding to the emission value determined for B in the formula set out in that subsection.

Marginal note:Offsetting deficit

(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.

Marginal note:No credits

(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.

CO2 Emissions

Marginal note:Average standard

21 (1) A company must group all its Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles of the 2014 and subsequent model years — excluding those referred to in the definition vocational vehicle in subsection 1(1) — 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 that fleet for that model year.

Marginal note:Offsetting deficit

(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.

Marginal note:Calculation of average standard

22 (1) Subject to subsection (6), a company must determine the fleet average CO2 emission standard for a given model year, expressed in grams of CO2 per mile and rounded to the nearest 0.1 gram of CO2 per mile, for its fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those referred to in the definition vocational vehicle in subsection 1(1) — using the formula

(Σ (A × B)) ÷ C
where

A 
is the CO2 emission target value calculated for each vehicle subconfiguration in the fleet using the applicable formula set out in subsection (2) and rounded to the nearest 0.1 gram of CO2 per mile;

B 
is the number of vehicles of that vehicle subconfiguration in the fleet; and

C 
is the number of vehicles in the fleet.

Marginal note:Vehicle subconfiguration

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

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

(0.0440 × WF) + 339
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; or

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

(0.0416 × WF) + 320
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.

Marginal note:Work factor

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

0.75 × (GVWR – curb weight + xwd) + 0.25 × (GCWR – GVWR)
where

GVWR 
is the GVWR as defined in subsection 1(1), expressed in pounds;

curb weight 
is the curb weight as defined in subsection 1(1), expressed in pounds;

xwd 
is 500 pounds if the vehicle has four-wheel drive or all-wheel drive and is 0 pounds for all other vehicles; and

GCWR 
is the GCWR as defined in subsection 1(1), expressed in pounds.

Marginal note:Alternative target value calculation for 2014 to 2018 model years

(4) A company may elect to use the CO2 emission target values set out in the table of paragraph (a) or (b), as the case may be, instead of the emission target value calculated in accordance with subsection (2):

(a) for the 2014 to 2017 model years,

Column 1
Column 2
Column 3

Item
Model Year
Engine Cycle
Alternate CO2 Emission Target (grams/mile)

1
2014
Spark-ignition engine
(0.0482 × WF) + 371

Compression-ignition engine
(0.0478 × WF) + 368

2
2015
Spark-ignition engine
(0.0479 × WF) + 369

Compression-ignition engine
(0.0474 × WF) + 366

3
2016
Spark-ignition engine
(0.0469 × WF) + 362

Compression-ignition engine
(0.0460 × WF) + 354

4
2017
Spark-ignition engine
(0.0460 × WF) + 354

Compression-ignition engine
(0.0445 × WF) + 343

(b) for the 2014 to 2018 model years,

Column 1
Column 2
Column 3

Item
Model Year
Engine Cycle
Alternate CO2 Emission Target (grams/mile)

1
2014
Spark-ignition engine
(0.0482 × WF) + 371

Compression-ignition engine
(0.0478 × WF) + 368

2
2015
Spark-ignition engine
(0.0479 × WF) + 369

Compression-ignition engine
(0.0474 × WF) + 366

3
2016 to 2018
Spark-ignition engine
(0.0456 × WF) + 352

Compression-ignition engine
(0.0440 × WF) + 339

Marginal note:Election

(5) If a company elects to use the CO2 emission target values set out in paragraph (4)(a) or (b), the applicable targets continue to apply for all the model years referred to in that paragraph, unless it elects to comply with subsection (2) for the remaining model years.

Marginal note:Grouping subconfigurations into configurations

(6) A company may group vehicle subconfigurations of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those referred to in the definition vocational vehicle in subsection 1(1) — 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.

Marginal note:Calculation of average values

23 (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 referred to in the definition vocational vehicle in subsection 1(1) — by using the formula

(Σ (A × B)) ÷ C
where

A 
is the CO2 emission value for each vehicle configuration calculated in accordance with section 24 and taking into account subsection (2);

B 
is the number of vehicles of that vehicle configuration in the fleet; and

C 
is the number of vehicles in the fleet used for the purposes of subsection (2).

Marginal note:Representative data

(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.

Test Methods and Calculations

Marginal note:General

24 (1) The N2O, CH4 and CO2 emission values for Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those referred to in the definition vocational vehicle in subsection 1(1) 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 104(d)(5) and 150(e) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR, and
(ii) the altitude testing conditions set out in section 1865(h)(3) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

Marginal note:Electric vehicles and fuel cell vehicles

(2) In the case of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those referred to in the definition vocational vehicle in subsection 1(1) — that are electric vehicles or fuel cell vehicles, the N2O, CH4 and CO2 emission values are considered to be 0 grams per mile.

Marginal note:Multi-fuel, dual fuel or flexible fuel

(3) In the case of Class 2B or Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those referred to in the definition vocational vehicle in subsection 1(1) — 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

(F × A) + ((1 – F) × B)
where

F 
is 0.00 unless the company provides the Minister with evidence demonstrating that an alternative value determined for F is more representative for that vehicle configuration,

A 
is 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 
is 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.

Marginal note:Other cases

(4) In the case of other Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those referred to in the definition vocational vehicle in subsection 1(1) — 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 104(g) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR.

Alternative Standards

Marginal note:Spark-ignition engines

25 A company may elect to include heavy-duty engines that are spark-ignition engines in a fleet of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those referred to in the definition vocational vehicle in subsection 1(1) — 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 installed in heavy-duty incomplete vehicles that are not cab-complete vehicles, or are 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) must 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 150(m)(6) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR; and

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

Vocational Vehicles

Marginal note:CO2 emission standards

26 (1) Subject to subsections (3) and (5) to (7), every vocational vehicle and incomplete vocational vehicle of the 2014 and subsequent model years must have a CO2 emission rate that does not exceed the applicable CO2 emission standard set out in the following table for the model year in question for its applicable useful life:

Column 1
Column 2
Column 3

Item
Class of Vocational Vehicle
CO2 Emission Standard (grams of CO2 per tonne-mile) for the 2014 to 2016 Model Years
CO2 Emission Standard ( per tonne-mile) for the 2017 and Subsequent Model Years

1
Classes 2B, 3, 4 and 5
388
373

2
Classes 6 and 7
234
225

3
Class 8
226
222

Marginal note:Modelling CO2 emissions to demonstrate compliance

(2) The CO2 emission rate must be determined using the GEM computer simulation model with the following parameters:

(a) the “regulatory subcategory” referred to in the GEM computer simulation model corresponds to a type of vocational vehicle referred to in subparagraphs 18(3)(a)(ii) to (iv), whichever applies to the class of vocational vehicle being modelled; and
(b) the steer tire rolling resistance level and the drive tire rolling resistance level measured for each tire configuration in accordance with section 520(c) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR.

Marginal note:Exemption for certain vocational vehicles

(3) The vocational vehicles and incomplete vocational vehicles referred to in subsection (1) do not include vehicles that either

(a) have tires with a maximum speed rating at or below 88 km/h (55 miles per hour); or

(b) are designed to perform work in an off-road environment or to operate at low speeds that are unsuitable for normal highway operation and meet one of the following criteria:

(i) have an axle that has a GAWR of 13 154 kg (29,000 pounds) or more,
(ii) attain a speed of 53 km/h (33 miles per hour) or less over 3.2 km (2 miles), or
(iii) attain a speed of 72 km/h (45 miles per hour) or less over 3.2 km (2 miles), have an unloaded vehicle weight that is not less than 95% of its GVWR, and have no capacity to carry occupants other than the driver and operating crew.

Marginal note:Non-eligible vehicles

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

Marginal note:Option to conform to higher vehicle service class

(5) For any given vehicle referred to in subsection (1), a company may elect to conform to the emission standards and useful life applicable to a higher vehicle service class, in which case the company must not obtain credits for those vehicles when participating in the CO2 emission credit system set out in sections 34 to 47.

Marginal note:Alternative standards

(6) In the case of a vocational vehicle or a cab-complete vocational vehicle equipped with a spark-ignition engine, a company may elect to comply with the standards referred to in sections 20 to 23 applicable to Class 2B and Class 3 heavy-duty vehicles, taking into account section 150(l) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR, instead of complying with subsection (1) and sections 29 and 30 if the following conditions are met:

(a) all 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; and
(c) the company reports its election in its end of model year report.

Marginal note:Calculation using fleets and subfleets

(7) A company may elect to comply with subsection (1) by grouping all 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 participating in the CO2 emission credit system set out in sections 34 to 47.

Marginal note:Family emission limit

(8) For the purposes of subsection (7), every vocational vehicle and incomplete vocational vehicle within a fleet or subfleet, as the case may be, must conform to the CO2 family emission limit determined by the company for the fleet or subfleet of the vehicle, as the case may be, and corresponding to the value determined for B in the formula set out in paragraph 35(1)(b).

Marginal note:Engines meeting requirements

(9) Every vocational vehicle and incomplete vocational vehicle of the 2014 and subsequent model years must be equipped with a heavy-duty engine that meets the requirements of these Regulations.

Tractors

Marginal note:CO2 emission standard

27 (1) Subject to subsections (7) and (8), every tractor and incomplete tractor of the 2014 and subsequent model years must have a CO2 emission rate that does not exceed the applicable CO2 emission standard set out in the following table for the model year in question for the applicable useful life of the tractor:

Column 1
Column 2
Column 3
Column 4

Item
Class of Tractor
Characteristics
CO2 Emission Standard (grams of CO2 per tonne-mile) for the 2014 to 2016 Model Years
CO2 Emission Standard (grams of CO2 per tonne-mile) for the 2017 and Subsequent Model Years

1
Class 7
Low-roof (all cab styles)
107
104

2
Class 7
Mid-roof (all cab styles)
119
115

3
Class 7
High-roof (all cab styles)
124
120

4
Class 8
Low-roof day cab
81
80

5
Class 8
Low-roof sleeper cab
68
66

6
Class 8
Mid-roof day cab
88
86

7
Class 8
Mid-roof sleeper cab
76
73

8
Class 8
High-roof day cab
92
89

9
Class 8
High-roof sleeper cab
75
72

Marginal note:Modelling CO2 emissions to demonstrate compliance

(2) The CO2 emission rate must be determined using the GEM computer simulation model with the following parameters:

(a) the “regulatory subcategory” referred to in the GEM computer simulation model corresponds to a type of tractor referred to in any of subparagraphs 18(3)(a)(v) to (xiii), whichever applies to the tractor being modelled;
(b) the coefficient of aerodynamic drag determined in accordance with subsection (4);
(c) the steer tire rolling resistance level and the drive tire rolling resistance level measured for each tire configuration in accordance with section 520(c) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR;
(d) in the case of a tractor equipped with a vehicle speed limiter, the maximum speed, expressed in miles per hour and rounded to the nearest 0.1 mile per hour, to which the tractor is limited, determined in accordance with section 640 of Title 40, chapter I, subchapter U, part 1037, subpart G, of the CFR;

(e) the weight reduction value, calculated by adding the applicable values set out in the tables in the following subparagraphs:

(i) in the case of tires and wheels, the weight reduction value corresponds to the sum of the applicable weight reduction values set out in column 3 for each of the tractor’s wheels that are set out in the following table:

Column 1
Column 2
Column 3

Item
Tire Type
Wheel Type
Weight Reduction Value (pounds per wheel)

1
Single-wide drive tire
Steel wheel
84

2
Single-wide drive tire
Aluminum wheel
139

3
Single-wide drive tire
Light-weight aluminum wheel (weighs at least 9.5 kg (21 pounds) less than a similar steel wheel)
147

4
Steer tire or dual-wide drive tire
High-strength steel wheel (steel with tensile strength of 350 MPa or more)
8

5
Steer tire or dual-wide drive tire
Aluminum wheel
21

6
Steer tire or dual-wide drive tire
Light-weight aluminum wheel (weighs at least 9.5 kg (21 pounds) less than a similar steel wheel)
30

(ii) in the case of the following components, the weight reduction value corresponds to the sum of the applicable weight reduction values for each of the tractor’s components that are set out in the following table:

Column 1
Column 2
Column 3

Item
Component
Aluminum Weight Reduction Value (pounds)
High-strength Steel (steel with tensile strength of 350 MPa or more) Weight Reduction Value (pounds)

1
Door
20
6

2
Roof
60
18

3
Cab rear wall
49
16

4
Cab floor
56
18

5
Hood support structure system
15
3

6
Fairing support structure system
35
6

7
Instrument panel support structure
5
1

8
Brake drums – drive (4 units)
140
11

9
Brake drums – non-drive (2 units)
60
8

10
Frame rails
440
87

11
Crossmember – cab
15
5

12
Crossmember – suspension
25
6

13
Crossmember – non-suspension (3 units)
15
5

14
Fifth wheel
100
25

15
Radiator support
20
6

16
Fuel tank support structure
40
12

17
Steps
35
6

18
Bumper
33
10

19
Shackles
10
3

20
Front axle
60
15

21
Suspension brackets and hangers
100
30

22
Transmission case
50
12

23
Clutch housing
40
10

24
Drive axle hubs (8 units)
160
4

25
Non-drive front hubs (2 units)
40
5

26
Driveshaft
20
5

27
Transmission and clutch shift levers
20
4

(f) in the case of a Class 8 sleeper cab, if the tractor is equipped with idle reduction technology that conforms to section 660 of Title 40, chapter I, subchapter U, part 1037, subpart G, of the CFR, and that automatically shuts off the main engine after 300 seconds or less, the corresponding value is 5 grams of CO2 per tonne-mile or if applicable, is calculated in accordance with section 660(c) of Title 40, chapter I, subchapter U, part 1037, subpart G, of the CFR.

Marginal note:Weight reduction technologies

(3) For greater certainty, CO2 emission credits for weight reduction technologies that are not referred to in paragraph (2)(e) may be obtained under section 41.

Marginal note:Calculation of coefficient of aerodynamic drag

(4) Subject to subsections (5) and (6), the coefficient of aerodynamic drag (CD) is determined by

(a) measuring the drag area (CDA) in accordance with the coastdown testing referred to in subpart F of Title 40, chapter I, subchapter U, part 1037, of the CFR, rounded to two decimal places and taking into account the following criteria:

(i) high-roof tractors must be tested with the standard trailer referred to in section 501(g) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, and low-roof and mid-roof tractors must be tested without a trailer, unless they are tested with a trailer to evaluate innovative technologies, and
(ii) the tractors and standard trailers referred to in section 501(g) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR must be equipped with tires that are mounted on steel rims in accordance with section 521(b)(2) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR; and

(b) determining, in accordance with section 520(b) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, the tractor’s coefficient of aerodynamic drag (CD) and bin level that correspond to the tractor’s drag area (CDA) calculated in paragraph (a).

Marginal note:Alternative bin level

(5) For low-roof and mid-roof tractors, the bin level may be determined using the bin level of an equivalent high-roof tractor as follows:

(a) if the equivalent high-roof tractor is in Bin I or Bin II, the low-roof and mid-roof tractors must be in Bin I; or
(b) if the equivalent high-roof tractor is in Bin III, Bin IV or Bin V, the low-roof and mid-roof tractors must be in Bin II.

Marginal note:Alternative method for measuring drag area

(6) Instead of the method referred to in paragraph (4)(a), a company may elect to measure the tractor’s drag area (CDA) in accordance with any other method described in subpart F of Title 40, chapter I, subchapter U, part 1037, of the CFR, 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, under section 521(c) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, 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.

Marginal note:Option to conform to higher vehicle service class

(7) For any given vehicle referred to in subsection (1), a company may elect to conform to the emission standards and useful life applicable to a higher vehicle service class in which case the company must not obtain credits for those vehicles when participating in the CO2 emission credit system set out in sections 34 to 47.

Marginal note:Calculation using fleets and subfleets

(8) A company may elect to comply with subsection (1) by grouping all 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 participating in the CO2 emission credit system set out in sections 34 to 47.

Marginal note:Family emission limit

(9) For the purposes of subsection (8), every tractor and incomplete tractor within a fleet or subfleet, as the case may be, must conform to the CO2 family emission limit determined by the company for the fleet or subfleet of the vehicle, as the case may be, and corresponding to the value determined for B in the formula set out in paragraph 35(1)(c).

Marginal note:Engines meeting requirements

(10) Every tractor and incomplete tractor of the 2014 and subsequent model years must be equipped with a heavy-duty engine that meets the requirements of these Regulations.

Vocational Tractors

Marginal note:Alternative standards

28 A company that manufactures or imports vocational tractors for sale in Canada may elect to conform to the emission standards applicable to vocational vehicles instead of tractors for a maximum of 5 250 Class 7 and Class 8 vocational tractors that it manufactures or imports in any period of three consecutive model years and must report this election in its end of model year report.

Heavy-duty Engines

N2O and CH4 Emissions

Marginal note: Standards

29 (1) Every heavy-duty engine that is a compression-ignition engine of the 2014 and subsequent model years and heavy-duty engine that is a spark-ignition engine of the 2016 and subsequent model years must have N2O and CH4 emission values that do not exceed an emission standard of 0.10 g/BHP-hr for N2O and 0.10 g/BHP-hr for CH4 for the applicable useful life of the engine.

Marginal note:Values

(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.

Marginal note:Engine configuration

(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.

Marginal note:Fleet calculation

(4) A company that manufactures or imports engines referred to in subsection (1) that exceed any of the standards 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 and CH4 emission deficits for each fleet, expressed in megagrams of CO2 and rounded in accordance with subsection 35(2), using the formula

((A – B) × C × D × E × F) ÷ (1 000 000)
where

A 
is 0.10 g/BHP-hr for N2O and 0.10 g/BHP-hr for CH4;

B 
is the N2O or CH4 family emission limit for the fleet and corresponds to the N2O or CH4 deteriorated emission level value, calculated using the applicable emission value determined in accordance with subsection (2);

C 
is the number of engines in the fleet;

D 
is the transient cycle conversion factor calculated in accordance with the applicable variable “CF” in section 705(b) of Title 40, chapter I, subchapter U, part 1036, subpart H, of the CFR;

E 
is the useful life for the engine, as follows:
(a) 110,000 miles for a spark-ignition engine; and

(b) the following number of miles for a compression-ignition engine:

(i) 110,000 miles for a light heavy-duty engine,
(ii) 185,000 miles for a medium heavy-duty engine, and
(iii) 435,000 miles for a heavy heavy-duty engine; and

F 
is the global warming potential and is equal to the following number of credits needed to offset a N2O and CH4 deficit:
(a) an emission credit of 298 Mg of CO2 to offset a deficit of 1 Mg of N2O; and
(b) an emission credit of 25 Mg of CO2 to offset a deficit of 1 Mg of CH4.

Marginal note:Family emission limit

(5) For the purposes of subsection (4), every heavy-duty engine within a fleet must conform to the N2O or CH4 family emission limit determined by the company for the fleet that corresponds to the deteriorated emission level value determined for B in subsection (4).

Marginal note:Offsetting fleet emission deficit

(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.

Marginal note:No credits

(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.

Marginal note:Credits for low N2O emissions

(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, using the following formula for each fleet, expressed in megagrams of CO2 and rounded in accordance with subsection 35(2):

((A – B) × C × D × E × F) ÷ (1 000 000)
where

A 
is 0.04 g/BHP-hr for N2O;

B 
is the N2O family emission limit for the fleet and corresponds to the N2O deteriorated emission level value, calculated using the applicable emission value determined in accordance with subsection (2);

C 
is the number of engines in the fleet;

D 
is the transient cycle conversion factor calculated in accordance with the applicable variable “CF” in section 705(b) of Title 40, chapter I, subchapter U, part 1036, subpart H, of the CFR;

E 
is the useful life for the engine, as follows:
(a) 110,000 miles for a spark-ignition engine; and

(b) the following number of miles for a compression-ignition engine:

(i) 110,000 miles for a light heavy-duty engine,
(ii) 185,000 miles for a medium heavy-duty engine, and
(iii) 435,000 miles for a heavy heavy-duty engine; and

F 
is the global warming potential and is equal to 298 Mg of CO2.

CO2 Emissions

Marginal note:Standard

30 Subject to sections 31 and 33, every heavy-duty engine must have a CO2 emission value that does not exceed the following emission standard for the applicable useful life of the engine:

(a) for a spark-ignition engine of the 2016 and subsequent model years, a CO2 emission standard of 627 g/BHP-hr; and

(b) for any other engine of the 2014 and subsequent model years, the applicable CO2 emission standard set out in the following table:

Column 1
Column 2
Column 3
Column 4
Column 5
Column 6

Item
Model Year
Light Heavy-duty Engines (g/BHP-hr)
Medium Heavy-duty Engines Designed To Be Used in Vocational Vehicles (g/BHP-hr)
Heavy Heavy-duty Engines Designed To Be Used in Vocational Vehicles (g/BHP-hr)
Medium Heavy-duty Engines Designed To Be Used in Tractors (g/BHP-hr)
Heavy Heavy-duty Engines Designed To Be Used in Tractors (g/BHP-hr)

1
2014 to 2016
600
600
567
502
475

2
2017 and subsequent model years
576
576
555
487
460

Marginal note:Alternative emission standard — model years 2014 to 2016

31 (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(b) 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.

Marginal note:Alternative emission standard — model years 2013 to 2016

(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(b) or in subsection (1).

Marginal note:No early action credits

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

Marginal note:Election to comply with subsection (2)

(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.

Marginal note:Value

32 (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, measured in accordance with the following duty cycles, 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:

(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.

Marginal note:Engine configuration

(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 are sold in the United States.

Marginal note:Calculation using fleets and subfleets

33 (1) A company may elect to comply with section 30 or subsection 31(2) by grouping all its heavy-duty engines of a given model year into fleets in accordance with section 18 and participating in the CO2 emission credit system set out in sections 34 to 47.

Marginal note:CO2 family certification level

(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 that corresponds to the deteriorated emission level value determined for B in the formula set out in paragraph 35(1)(d).

CO2 Emission Credit System

Calculation of Credits and Deficits

Marginal note:Credits

34 (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 heavy-duty vehicles or heavy-duty engines of a given model year are lower than the CO2 emission standard applicable to that fleet or subfleet, as the case may be, and for that model year, and the company reports the credits in its end of model year report in accordance with section 48.

Marginal note:Deficits

(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 to that fleet or subfleet, as the case may be, and for that model year, and the company reports the deficits in its end of model year report in accordance with section 48.

Marginal note:Calculation

35 (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 referred to in the definition vocational vehicle in subsection 1(1),

ECD = ((A – B) × C × D) ÷ (1 000 000)
where

ECD 
is the number of credits, if the result is positive, or the number of deficits, if the result is negative, expressed in megagrams of CO2 and rounded in accordance with subsection 35(2),

A 
is the fleet average CO2 emission standard calculated in accordance with section 22, expressed in grams of CO2 per mile,

B 
is the fleet average CO2 emission value calculated in accordance with section 23, expressed in grams of CO2 per mile,

C 
is the number of vehicles in the fleet, and

D 
is the useful life for the vehicle, namely, 120,000 miles;

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

ECD = ((A – B) × C × D × E) ÷ (1 000 000)
where

ECD 
is the number of credits, if the result is positive, or the number of deficits, if the result is negative, expressed in megagrams of CO2 and rounded in accordance with subsection 35(2),

A 
is the CO2 emission standard under subsection 26(1) that applies to the vehicles of the subfleet, expressed in grams of CO2 per tonne-mile,

B 
is the CO2 family emission limit and corresponds to the CO2 emission rate for the subfleet of vehicles, expressed in grams of CO2 per tonne-mile, determined in accordance with subsection 26(2),

C 
is the payload for the class of vehicles, as follows:
() 2.85 tonnes for Class 2B, Class 3, Class 4 and Class 5,
() 5.6 tonnes for Class 6 and Class 7, and
() 7.5 tonnes for Class 8,

D 
is the number of vehicles in the subfleet, and

E 
is the useful life for the class of vehicles, as follows:
() 110,000 miles for Class 2B, Class 3, Class 4 and Class 5,
() 185,000 miles for Class 6 and Class 7, and
() 435,000 miles for Class 8;

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

ECD = ((A – B) × C × D × E) ÷ (1 000 000)
where

ECD 
is the number of credits, if the result is positive, or the number of deficits, if the result is negative, expressed in megagrams of CO2 and rounded in accordance with subsection 35(2),

A 
is the CO2 emission standard under subsection 27(1) that applies to the tractors and incomplete tractors of the subfleet, expressed in grams of CO2 per tonne-mile,

B 
is the CO2 family emission limit and corresponds to the CO2 emission rate for the subfleet of tractors and incomplete tractors, expressed in grams of CO2 per tonne-mile, determined in accordance with subsection 27(2),

C 
is the payload for the class of tractors and incomplete tractors, as follows:
() 12.5 tonnes for Class 7, and
() 19 tonnes for Class 8,

D 
is the number of tractors and incomplete tractors in the subfleet, and

E 
is the useful life for the class of tractors or incomplete tractors, as the case may be, as follows:
() 185,000 miles for Class 7, and
() 435,000 miles for Class 8; and

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

ECD = ((A – B) × C × D × E) ÷ (1 000 000)
where

ECD 
is the number of credits, if the result is positive, or the number of deficits, if the result is negative, expressed in megagrams of CO2 and rounded in accordance with subsection 35(2),

A 
is the CO2 emission standard that applies to the fleet of heavy-duty engines under section 30 or subsection 31(2), as the case may be, expressed in grams per BHP-hr,

B 
is the CO2 family certification level for the fleet and corresponds to the CO2 deteriorated emission level value, using the applicable emission value calculated in accordance with section 32 and subject to subsection (3), expressed in grams of CO2 per BHP-hr,

C 
is the transient cycle conversion factor calculated in accordance with the applicable variable “CF” in section 705(b) of Title 40, chapter I, subchapter U, part 1036, subpart H, of the CFR,

D 
is the number of engines in the fleet, and

E 
is the useful life for the engine, as follows:
() 110,000 miles for spark-ignition engines, and

() for the following compression-ignition engines:

(A) 110,000 miles for light heavy-duty engines,
(B) 185,000 miles for medium heavy-duty engines, and
(C) 435,000 miles for heavy heavy-duty engines.

Marginal note:Fleets

(2) The credits or deficits for each averaging set of heavy-duty vehicles and heavy-duty engines are determined by adding the credits and deficits for all fleets and subfleets, if applicable. The credits and deficits must be added together before rounding and the result must be rounded to the nearest megagram of CO2.

Marginal note:Duty cycle

(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).

Additional Credits

Marginal note:Limitation

36 A company must not obtain additional credits in accordance with sections 37 to 41 more than once for a vehicle or an engine with regard to the same type of greenhouse gas emission reduction technology.

Marginal note:Credit multiplier — Class 2B and Class 3 vehicles

37 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.

Marginal note:Equivalent conventional vehicle and footprint

38 (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.

Marginal note:Calculation — tractors and vocational vehicles

(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 tonne-mile and determined by the equation

(A – B) = improvement factor x modelling result B
where

improvement factor  
is the value determined by the formula
(emission rate A – emission rate B) ÷ (emission rate A)
where

emission rate A 
is the emission test result, expressed in grams of CO2 per tonne-mile, obtained by an equivalent conventional vehicle when tested using the duty cycle test set out in section 510 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, taking into account section 501 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR; and

emission rate B 
is the emission test result, expressed in grams of CO2 per tonne-mile, obtained by the vehicle in question, as follows:
(a) for an electric vehicle, the result corresponds to 0 grams of CO2 per tonne-mile, and
(b) for any other vehicle, subject to subsection (3), the result obtained using the duty cycle test set out in section 510 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, taking into account sections 501 and 525 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR; and

modelling result B 
is the CO2 emission rate obtained for the 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, when modelled in accordance with subsection 26(2) or subsection 27(2), as the case may be.

Marginal note:Emission rate B

(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).

Marginal note:Credit multiplier — tractors and vocational vehicles

(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.

Marginal note:Definitions

39 (1) The following definitions apply in this section:

post-transmission hybrid system
système hybride post-transmission

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
système hybride pré-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)

Marginal note:Calculation — post-transmission and pre-transmission hybrid systems

(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:

(A × B × C × D) ÷ (1 000 000)
where

A 
is the grams of CO2 per tonne-mile benefit from A to B testing determined in accordance with,
(a) in the case of a post-transmission hybrid system, section 550 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, and taking into account section 525 of Title 40, chapter I, subchapter U, part 1036, subpart F, of the CFR, and
(b) in the case of a pre-transmission hybrid system, part 1065 of Title 40, chapter I, subchapter U, of the CFR, or section 550 of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR, and taking into account section 525 of Title 40, chapter I, subchapter U, part 1036, subpart F, of the CFR;

B 
is the payload for the class of vocational vehicles, incomplete vocational vehicles, tractors or incomplete tractors, as the case may be, as follows:
() 2.85 tonnes for Class 2B, Class 3, Class 4 and Class 5 vocational vehicles and incomplete vocational vehicles,
() 5.6 tonnes for Class 6 and Class 7 vocational vehicles and incomplete vocational vehicles,
() 7.5 tonnes for Class 8 vocational vehicles and incomplete vocational vehicles,
() 12.5 tonnes for Class 7 tractors and incomplete tractors, and
() 19 tonnes for Class 8 tractors and incomplete tractors;

C 
is the number of vehicles in the fleet or subfleet, as the case may be; and

D 
is the useful life for the class of vehicles, as follows:
() 110,000 miles for Class 2B, Class 3, Class 4 and Class 5,
() 185,000 miles for Class 6 and Class 7, and
() 435,000 miles for Class 8.

Marginal note:Credit multiplier

(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.

Marginal note:Calculation — Rankine-cycle engines

40 (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:

(A × B × C × D) ÷ (1 000 000)
where

A 
is the benefit obtained from A to B testing, expressed in grams of CO2 per BHP-hr, determined in accordance with subpart F of Title 40, chapter I, subchapter U, part 1037, of the CFR, or using an alternative procedure if,
(a) in the case of an engine 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 an engine 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 than A to B testing for that technology;

B 
is the transient cycle conversion factor calculated in accordance with the applicable variable “CF” in section 705(b) of Title 40, chapter I, subchapter U, part 1036, subpart H, of the CFR;

C 
is the number of engines in the fleet; and

D 
is the useful life for the engine, as follows:
(a) 110,000 miles for spark-ignition engines, and

(b) for compression-ignition engines,

(i) 110,000 miles for light heavy-duty engines,
(ii) 185,000 miles for medium heavy-duty engines, and
(iii) 435,000 miles for heavy heavy-duty engines.

Marginal note:Credit multiplier

(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.

Marginal note:Innovative technologies

41 (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 referred to in the definition vocational vehicle in subsection 1(1), using the following formula:

(A × B × C) ÷ (1 000 000)
where

A 
is the five-cycle credit value determined in accordance with section 1869(c) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, and expressed in grams of CO2 per mile,

B 
is the number of vehicles manufactured with the innovative technology in question in the fleet, and

C 
is the useful life for the vehicle, namely, 120,000 miles;

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

(i) by using the following formula:

((A – B) × C × D × E) ÷ (1 000 000)
where

(A – B) 
is the difference between the in-use emission rate of the vehicle manufactured without the innovative technology and the in-use emission rate of the vehicle manufactured with the innovative technology and determined in accordance with section 610(c) of Title 40, chapter I, subchapter U, part 1037, subpart G, of the CFR, expressed in grams of CO2 per tonne-mile,

C 
is the number of vehicles manufactured with the innovative technology in question in the subfleet,

D 
is the payload for the class of vehicles, as follows:
(A) 2.85 tonnes for Class 2B, Class 3, Class 4 and Class 5 vocational vehicles and incomplete vocational vehicles,
(B) 5.6 tonnes for Class 6 and Class 7 vocational vehicles and incomplete vocational vehicles,
(C) 7.5 tonnes for Class 8 vocational vehicles and incomplete vocational vehicles,
(D) 12.5 tonnes for Class 7 tractors and incomplete tractors, and
(E) 19 tonnes for Class 8 tractors and incomplete tractors, and

E 
is the useful life for the class of vehicles, as follows:
(A) 110,000 miles for Class 2B, Class 3, Class 4 and Class 5,
(B) 185,000 miles for Class 6 and Class 7, and
(C) 435,000 miles for Class 8, or

(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:

([(A – B) + (B × C)] × D × E × F) ÷ (1 000 000)
where

A 
is the CO2 emission standard under subsection 26(1) that applies to the vocational vehicles and incomplete vocational vehicles of the subfleet, expressed in grams of CO2 per tonne-mile,

B 
is the CO2 family emission limit and corresponds to the CO2 emission rate for the subfleet of vocational vehicles and incomplete vocational vehicles, expressed in grams of CO2 per tonne-mile, determined in accordance with subsection 26(2),

C 
is the improvement factor determined in accordance with sections 610(b)(1) and (c) of Title 40, chapter I, subchapter U, part 1037, subpart G, of the CFR, for the subfleet of vocational vehicles and incomplete vocational vehicles,

D 
is the payload for the class of vocational vehicles and incomplete vocational vehicles, as follows:
(I) 2.85 tonnes for Class 2B, Class 3, Class 4 and Class 5,
(II) 5.6 tonnes for Class 6 and Class 7, and
(III) 7.5 tonnes for Class 8,

E 
is the number of vocational vehicles and incomplete vocational vehicles manufactured with the innovative technology in question in the subfleet, and

F 
is the useful life for the class of vocational vehicles and incomplete vocational vehicles, as follows:
(I) 110,000 miles for Class 2B, Class 3, Class 4 and Class 5,
(II) 185,000 miles for Class 6 and Class 7, and
(III) 435,000 miles for Class 8, or

(B) for tractors and incomplete tractors:

([(A – B) + (B × C)] × D × E × F) ÷ (1 000 000)
where

A 
is the CO2 emission standard under subsection 27(1) that applies to the tractors and incomplete tractors of the subfleet, expressed in grams of CO2 per tonne-mile,

B 
is the CO2 family emission limit and corresponds to the CO2 emission rate for the subfleet of tractors and incomplete tractors, expressed in grams of CO2 per tonne-mile, determined in accordance with subsection 27(2),

C 
is the improvement factor determined in accordance with sections 610(b)(1) and (c) of Title 40, chapter I, subchapter U, part 1037, subpart G, of the CFR, for the subfleet of tractors and incomplete tractors,

D 
is the payload for the class of tractors or incomplete tractors, as the case may be, as follows:
(I) 12.5 tonnes for Class 7, and
(II) 19 tonnes for Class 8,

E 
is the number of tractors and incomplete tractors manufactured with the innovative technology in question in the subfleet, and

F 
is the useful life for the class of tractors or incomplete tractors, as the case may be, as follows:
(I) 185,000 miles for Class 7, and
(II) 435,000 miles for Class 8; or

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

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

((A – B) × C × D × E) ÷ (1 000 000)
where

(A – B) 
is the difference between the in-use emission rate of the engine manufactured without the innovative technology and the in-use emission rate of the engine manufactured with the innovative technology, determined in accordance with chassis A to B testing or in-use A to B testing of pairs of vehicles equipped with the engines differing only with respect to the innovative technology in question, and expressed in grams of CO2 per tonne-mile,

C 
is the number of vocational vehicles, incomplete vocational vehicles, tractors or incomplete tractors with engines manufactured with the innovative technology in the fleet,

D 
is the payload, if applicable, for the class of vehicles, as follows:
(A) 2.85 tonnes for Class 2B, Class 3, Class 4 and Class 5 vocational vehicles and incomplete vocational vehicles,
(B) 5.6 tonnes for Class 6 and Class 7 vocational vehicles and incomplete vocational vehicles,
(C) 7.5 tonnes for Class 8 vocational vehicles and incomplete vocational vehicles,
(D) 12.5 tonnes for Class 7 tractors and incomplete tractors, and
(E) 19 tonnes for Class 8 tractors and incomplete tractors, and

E 
is the useful life for the class of vehicles, as follows:
(A) 110,000 miles for Class 2B, Class 3, Class 4 and Class 5,
(B) 185,000 miles for Class 6 and Class 7, and
(C) 435,000 miles for Class 8,

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

((A – B) × C × D × E) ÷ (1 000 000)
where

(A – B) 
is the difference between the in-use emission rate of the engine manufactured without the innovative technology and the in-use emission rate of the engine manufactured with the innovative technology, determined in accordance with engine dynamometer A to B testing of pairs of engines differing only with respect to the innovative technology in question, and expressed in grams of CO2 per BHP-hr,

C 
is the transient cycle conversion factor calculated in accordance with the applicable variable “CF” in section 705(b) of Title 40, chapter I, subchapter U, part 1036, subpart H, of the CFR,

D 
is the number of engines manufactured with the innovative technology in the fleet,

E 
is the useful life for the engine, as follows:
(A) 110,000 miles for spark-ignition engines, and

(B) for the following compression-ignition engines:

(I) 110,000 miles for light heavy-duty engines,
(II) 185,000 miles for medium heavy-duty engines, and
(III) 435,000 miles for heavy heavy-duty engines, or

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

([(A – B) + (B × C)] × D × E × F) ÷ (1 000 000)
where

A 
is the CO2 emission standard that applies to the fleet of heavy-duty engines under section 30 or subsection 31(2), as the case may be, expressed in grams of CO2 per BHP-hr,

B 
is the CO2 family certification level for the fleet and corresponds to the CO2 deteriorated emission level value, using the applicable emission value calculated in accordance with section 32 and subject to subsection 35(3), expressed in grams of CO2 per BHP-hr,

C 
is the improvement factor determined in accordance with section 610(b)(1) of Title 40, chapter I, subchapter U, part 1036, subpart G, of the CFR, based on results of A to B testing, chassis A to B testing or in-use A to B testing of pairs of engines using an engine dynamometer or of pairs of vehicles equipped with the engines in question, as the case may be, differing only with respect to the innovative technology in question,

D 
is the transient cycle conversion factor calculated in accordance with the applicable variable “CF” in section 705(b) of Title 40, chapter I, subchapter U, part 1036, subpart H, of the CFR,

E 
is the number of engines manufactured with the innovative technology in the fleet, and

F 
is the useful life for the engine, as follows:
(A) 110,000 miles for spark-ignition engines, and

(B) for the following compression-ignition engines:

(I) 110,000 miles for light heavy-duty engines,
(II) 185,000 miles for medium heavy-duty engines, and
(III) 435,000 miles for heavy heavy-duty engines.

Marginal note:Calculation — alternative procedure

(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.

Averaging Sets

Marginal note:Calculation

42 The credits or deficits for each averaging set of heavy-duty vehicles or heavy-duty engines are determined by adding the credits obtained and deficits incurred for all fleets of that averaging set.

Marginal note:Date of credits or deficits

43 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.

Marginal note:Use of credits — time limit

44 Credits obtained for an averaging set of heavy-duty vehicles or heavy-duty engines of a given model year may be used for that averaging set up to five model years after the model year for which the credits were obtained, after which the credits are no longer valid.

Marginal note:Deficits

45 (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.

Marginal note:Remaining credits

(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.

Marginal note:Offsetting

(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.

Marginal note:Transfer of credits

(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.

Marginal note:Exception

(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.

Marginal note:Offsetting deficits — time limit

(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.

Marginal note:Acquisition or merger

46 (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.

Marginal note:Ceasing activities

(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.

Early Action Credits

Marginal note:Eligibility

47 (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.

Marginal note:Electric vehicles

(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.

Marginal note:What to include

(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.

Marginal note:Date

(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.

Marginal note:Calculation

(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.

Marginal note:Credit multiplier

(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.

Marginal note:Time limit

(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.

Marginal note:Use

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

Reports

End of Model Year Report

Marginal note:Deadline

48 (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 and subsequent model years that it imported or manufactured in Canada, no later than June 30 of the calendar year following the calendar year that corresponds to the model year in question.

Marginal note:Statement

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

(a) in the case of Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those referred to in the definition vocational vehicle in subsection 1(1),

(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 section 17, or
(vi) in the case of vocational tractors, conform to the emission standards applicable to vocational vehicles in accordance with section 28; and

(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), or
(D) are grouped into one or more fleets in accordance with section 18 for the purpose of participation in the CO2 emission credit system, 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, 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 29(6).

Marginal note:Statement when conforming to standards

(3) If an end of model year report contains any statement referred to in clause (2)(a)(ii)(A), subparagraph (2)(b)(i) and clauses (2)(c)(i)(A) and (ii)(A) for a given model year, it must contain the number of heavy-duty vehicles or heavy-duty engines for each type referred to in subparagraphs 18(3)(a)(i) to (xiii) or (b)(i) to (vi).

Marginal note:Statement when covered by EPA certificate

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

(a) the number of vehicles or engines for each type referred to in subparagraphs 18(3)(a)(i) to (xiii) or (b)(i) to (vi);
(b) in the case of vehicles, the CO2 family emission limit and, in the case of engines, the CO2 family certification level;
(c) the number of vehicles 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), the number of heavy-duty engines sold in the United States that are grouped into the same engine family.

Marginal note:Statement for exempted tractors and vocational vehicles

(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;
(b) the average number of tractors and vocational vehicles that the company manufactured or imported for sale in Canada for the three most recent consecutive model years preceding that model year; and
(c) the number of tractors and vocational vehicles that the company manufactured or imported for sale in Canada for that model year.

Marginal note:Alternative standards for engines — section 25

(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.

Marginal note:Contents

(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) and clauses (2)(c)(i)(D) and (ii)(C) 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 or heavy-duty engines 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 referred to in the definition vocational vehicle in subsection 1(1),

(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 subfleet, determined for A in the formula set out in paragraph 35(1)(b),
(iii) for tractors and incomplete tractors, the CO2 emission standard that applies to the vehicles of each subfleet, determined for A in the formula set out in paragraph 35(1)(c), and
(iv) for heavy-duty engines, the CO2 emission standard and N2O and CH4 emission standards that apply to the engines of each fleet;

(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 referred to in the definition vocational vehicle in subsection 1(1) — 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), and

(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);

(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;
(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) 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;

(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 1.5 credit multiplier referred to in section 37 and subsections 38(4), 39(3) and 40(2) was used;
(u) the number of CO2 emission credits and early action credits, if any, 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) an accounting of the CO2 emission credits, early action credits and deficits; 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.

Marginal note:Statement — subparagraph (2)(b)(vi)

(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.

Marginal note:Additional information — emission credit transfers

(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.

SOR/2015-186, s. 65.
Previous Version

Early Action Credits

Marginal note:Contents

49 (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 referred to in the definition vocational vehicle in subsection 1(1),

(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).

Marginal note:Additional credits

(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).

Format of Reports

Marginal note:Submission

50 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.

Instructions

Marginal note:Engine installation

51 (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 with written instructions for installing the engine and emission control system or with the address of the place or the website where those instructions may be obtained.

Marginal note:Contents

(2) The instructions 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; and
(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.

Marginal note:Language

(3) The instructions must be provided in English, French or both official languages, as requested by the installer.

Marginal note:Tire maintenance

52 (1) In the case of tractors and vocational vehicles, a company must ensure that the written instructions respecting tire maintenance and replacement are provided to the first retail purchaser of every vehicle.

Marginal note:Language

(2) The instructions must be provided in English, French or both official languages, as requested by that purchaser.

Records

Evidence of Conformity

Marginal note:Vehicle or engine covered by EPA certificate

53 For a heavy-duty vehicle or heavy-duty engine 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 or the engine and, if applicable, a copy of the evidence of the EPA approval concerning the vehicle or engine as referred to in paragraph 27(6)(a), in paragraph (a) of A in the formula set out in subsection 40(1) or in paragraph 41(2)(a), as the case may be;

(b) one or both of the following:

(i) a document demonstrating that the vehicles or engines covered by the EPA certificate are sold concurrently in Canada and the United States,
(ii) a document demonstrating that the vehicle or engine 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 or the engine 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 or engine 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, 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, 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.

SOR/2015-186, s. 66.
Previous Version

Marginal note:Paragraph 153(1)(b) of Act

54 (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 or heavy-duty engine — other than one referred to in section 53 — in a form and manner satisfactory to the Minister instead of as specified in that section.

Marginal note:Time of submission

(2) For greater certainty, a company must submit the evidence of conformity to the Minister before importing a heavy-duty vehicle or heavy-duty engine or applying a national emissions mark to it.

Marginal note:Subsection 153(2) of Act

55 For greater certainty, a company that imports a heavy-duty vehicle or heavy-duty engine or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the Minister with the evidence of conformity referred to in subsection 54(1) before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) of the Act before the vehicle or engine leaves the possession or control of the company and before the vehicle is presented for registration under the laws of a province or of an Aboriginal government.

Fleet Average Emissions

Marginal note:Contents

56 (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 referred to in the definition vocational vehicle in subsection 1(1),

(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 of vocational vehicles and incomplete vocational vehicles,

(i) the model year,
(ii) the CO2 emission standard that applies to the vehicles of each subfleet,
(iii) the CO2 emission rate for each subfleet,
(iv) the values and data, including the GEM computer simulation model inputs and results, used in calculating the CO2 emission rate for each subfleet, and
(v) the values and data used in calculating the number of CO2 emission credits and, if applicable, the number of early action credits, for each fleet and subfleet;

(c) for each fleet of tractors and incomplete tractors,

(i) the model year,
(ii) the CO2 emission standard that applies to the vehicles of each subfleet,
(iii) the CO2 emission rate for each subfleet,
(iv) the values and data, including the GEM computer simulation model inputs and results, used in calculating the CO2 emission rate for each subfleet, and
(v) the values and data used in calculating the number of CO2 emission credits and, if applicable, the number of early action credits, for each fleet and subfleet; and

(d) for each fleet of heavy-duty engines,

(i) the model year,
(ii) the CO2 emission standard that applies to the engines of each fleet,
(iii) the CO2 deteriorated emission level value for each fleet, and
(iv) the values and data used in calculating the number of CO2 emission credits and, if applicable, the number of early action credits.

Marginal note:Contents — heavy-duty vehicles

(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 covered by an EPA certificate, the vehicle family described in section 230 of subpart C of Title 40, chapter I, subchapter U, part 1037, of the CFR, or the applicable test group described in section 1827 of subpart S of Title 40, chapter I, subchapter C, part 86, of the CFR;
(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.

Marginal note:Contents — engines

(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 applicable engine family;
(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.

Engines Sold Concurrently

Marginal note:Evidence of number of engines sold

57 For the purposes of subsection 13(8), in the case of a heavy-duty engine covered by an EPA certificate and sold concurrently in Canada and the United States that conforms to a CO2 family certification level exceeding the CO2 emission standard applicable to the model year under these Regulations, the company must maintain records demonstrating the number of heavy-duty engines sold in the United States that are of the same engine family.

Vocational Tractors

Meets definition vocational tractor
58 For the purposes of section 28, in the case of a tractor that conforms to the emission standards applicable to vocational vehicles instead of tractors, the company must maintain records demonstrating that the tractor meets the definition vocational tractor in subsection 1(1).

Maintenance and Submission of Records

Marginal note:Maintenance of records

59 (1) For heavy-duty vehicles and heavy-duty engines, 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 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 in question.

Marginal note:Records maintained on behalf of company

(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.

Marginal note:Time limits

(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.

Information Regarding Suspension or Revocation of EPA Certificate

Marginal note:Information to be submitted

59.1 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 and model year of the vehicles and engines that are covered by the EPA certificate.

SOR/2015-186, s. 67.

Importation Document

Marginal note:Importation for exhibition, demonstration, evaluation or testing

60 The declaration referred to in paragraph 155(1)(a) of the Act must be made in accordance with section 41 of the On-Road Vehicle and Engine Emission Regulations.

Rental Rate

Marginal note:Rental rate

61 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 or engine is made available, is the rate prescribed in section 43 of the On-Road Vehicle and Engine Emission Regulations.

Application for Exemption

Marginal note:Application

62 A company applying under section 156 of the Act for an exemption from conformity to any standard specified under these Regulations must submit in writing to the Minister the information set out in section 44 of the On-Road Vehicle and Engine Emission Regulations.

Defect Information

Marginal note:Notice of defect

63 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act must be given in writing and must contain the information set out in subsection 45(1) of the On-Road Vehicle and Engine Emission Regulations.

Marginal note:Reports

(2) In respect of a notice of defect issued under these Regulations, a company must comply with subsections 45(1.1) to (3) of the On-Road Vehicle and Engine Emission Regulations.

Marginal note:Applicable standard

(3) For the application of section 157 of the Act, the CO2 emission standard that applies

(a) to a Class 2B and Class 3 heavy-duty vehicle and cab-complete vehicle — excluding those referred to in the definition vocational vehicle in subsection 1(1) — or to a spark-ignition engine that conforms 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 0.1 gram per mile;
(b) to a vocational vehicle is the result of the GEM computer simulation model using the parameters specified in subsection 26(2);
(c) to a tractor — other than a low-roof or mid-roof tractor referred to in subsection 27(5) — 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 a low-roof or mid-roof tractor referred to in subsection 27(5), is the result of the GEM computer simulation model using the parameters specified in subsection 27(2);
(e) to a heavy-duty engine — other than an engine referred to in paragraphs (f) and (g) — 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 deteriorated emission level applicable to the fleet;
(f) to a heavy-duty engine of the 2014 to 2016 model years that conforms 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; and
(g) to a heavy-duty engine of the 2013 to 2016 model years that conforms 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.

SOR/2015-186, s. 68.
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Coming into Force

Marginal note:Registration

64 These Regulations come into force on the day on which they are registered.