Canada Gazette, Part I, Volume 155, Number 51: Regulations Amending Certain Regulations Made Under the Canadian Environmental Protection Act, 1999

December 18, 2021

Statutory authority
Canadian Environmental Protection Act, 1999

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On June 29, 2021, the United States Environmental Protection Agency (U.S. EPA) published a Final Rule in the Federal Register, entitled Improvements for Heavy-Duty Engine and Vehicle Test Procedures, and Other Technical Amendments. This Final Rule introduces technical amendments to the U.S. EPA emission regulations to modify existing test procedures and other provisions for vehicles and engines found in the U.S. Code of Federal Regulations (CFR). footnote 1 The U.S. technical amendments improve accuracy and reduce the testing burden and make a number of housekeeping changes to the CFR, such as removing obsolete provisions and renumbering provisions within the regulatory text. While most of the technical amendments in the U.S. EPA Final Rule apply to on-road heavy-duty vehicles and engines, it also covers light-duty vehicles, highway motorcycles, marine engines, other off-road vehicles and engines, and stationary engines.

The Canadian vehicle and engine emission regulations are aligned with the U.S. EPA emission regulations. Without regulatory action to maintain alignment, discrepancies between the Canadian provisions and the corresponding CFR provisions could affect how manufacturers and importers comply with the Canadian vehicle and engine emission regulations, starting with the 2022 model year and beyond. In some cases, there could be an increased regulatory burden for companies operating in the Canada–U.S. market. For example, discrepancies between certain definitions in the CFR and the Canadian regulations could change the regulatory classification of certain vehicles and this could require Canadian companies to submit additional documentation prior to importation or sale of vehicles that already meet equivalent standards in the U.S. market.

Background

Under the framework of the Canada–U.S. Air Quality Agreement, Canada has been working closely with the U.S. EPA and has a long history of aligning vehicle and engine emission standards as a means of reducing transboundary air pollution. The 2000 Ozone Annex to the Canada–U.S. Air Quality Agreement included specific obligations for the Government of Canada to align with emission standards for vehicles and engines established by the Government of the United States (as represented by the U.S. EPA). Since 2003, the Canadian Department of the Environment (the Department) has introduced a range of standards to reduce air pollutants as well as greenhouse gas emissions within a suite of on-road and off-road vehicle and engine emission regulations, which align with the corresponding standards and test procedures of the U.S. EPA.

The Department and the U.S. EPA collaborate closely by identifying joint strategic priorities in an effort to implement aligned regulatory standards and joint compliance verification programs, which help maximize efficiencies in the administration of the respective vehicle and engine programs in the two countries. For example, the Department of Transport, the National Research Council and the Department have worked collaboratively with the U.S. EPA during the development of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations by conducting aerodynamic and chassis dynamometer emissions testing.

The Canadian vehicle and engine emission regulations help protect Canadians and the environment from the effects of climate change and adverse environmental and human health impacts resulting from harmful air pollutants and are aligned with the U.S. EPA emission regulations. In order to efficiently align with the U.S. EPA, incorporation by reference is used in the Canadian vehicle and engine emission regulations as a technique to integrate certain provisions from the CFR, such as emission standards and test procedures. However, it is not possible to include all relevant provisions from the CFR using incorporation by reference. Therefore, the Government is proposing to take regulatory action to maintain alignment with the recently amended provisions in the U.S. EPA Final Rule and other provisions of the CFR. Four of the Canadian vehicle and engine emission regulations would be misaligned without regulatory action and they are described below.

Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

The Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations were published in the Canada Gazette, Part II, on March 13, 2013, and set performance-based greenhouse gas emission standards for heavy-duty vehicles and engines of the 2014 model year and subsequent model years. These Regulations apply to the entire range of on-road heavy-duty vehicles, from full-size pick-up trucks and vans to transport tractors manufactured primarily for hauling trailers, including a wide variety of specialized (vocational) vehicles, such as school, transit and intercity buses, and freight, delivery, service, cement, garbage and dump trucks. In 2018, these Regulations were amended to establish increasingly more stringent greenhouse gas emission standards that begin with the 2021 model year for on-road heavy-duty vehicles and engines.

On-Road Vehicle and Engine Emission Regulations

The On-Road Vehicle and Engine Emission Regulations were published in the Canada Gazette, Part II, on January 1, 2003, and set air pollutant emission standards for new on-road vehicles, such as passenger cars, light-duty trucks, motorcycles, heavy-duty vehicles and their engines beginning with the 2004 model year. These Regulations were subsequently amended in 2006, 2013, 2015, and more recently in 2018, generally to increase the stringency of emission standards.

Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations

The Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations were published in the Canada Gazette, Part II, on February 16, 2011, and amended in 2017. These Regulations set air pollutant emission standards and apply to new engines of the 2012 and later model years, such as outboard motors, and personal watercraft and sterndrive or inboard motors, as well as to off-road recreational vehicles, such as all-terrain vehicles, snowmobiles, off-road motorcycles, and utility vehicles.

Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations

The Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations were published in the Canada Gazette, Part II, on December 23, 2020, and set performance-based emission standards for air pollutants from new off-road diesel engines and large spark-ignition engines. Mobile diesel engines are typically found in machines used in construction, mining, farming, and forestry applications. Stationary diesel engines are commonly used to provide electricity in remote communities, to power industrial equipment, and as backup or emergency sources of power for buildings. Large spark-ignition engines are typically used in machines such as forklifts, ice resurfacers, small generators and other specialty equipment.

Objective

The objective of the proposed Regulations Amending Certain Regulations Made Under the Canadian Environmental Protection Act, 1999 (herein referred to as the proposed Amendments) is to maintain alignment with the recent technical amendments published in the United States and with other provisions of the CFR. Maintaining alignment with U.S. EPA emission standards for vehicles and engines would minimize the overall regulatory burden for companies operating in the Canada–U.S. market and maintain fair regulatory conditions for importers and manufacturers.

Description

The proposed Amendments would make the necessary modifications to three of the vehicle and engine emission regulations made under the Canadian Environmental Protection Act, 1999 (CEPA) to maintain alignment with the corresponding technical amendments made by the U.S. EPA in its Final Rule. These changes include modifying definitions and regulatory text and updating some references to the CFR. All other changes made by the U.S. EPA in its technical amendments that are not part of the proposed Amendments, and as such are not described below, automatically apply in Canada because they are incorporated by reference in the various vehicle and engine emission regulations. The regulations affected by the changes in the U.S. EPA technical amendments are the following:

In addition, the proposed Amendments would make modifications to the Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations to correct a regulatory misalignment with the CFR provisions related to certain large spark-ignition engines, by updating requirements such as definitions, labelling, and maintenance instructions. These changes are not related to the technical amendments from the U.S. EPA Final Rule.

The vehicle and engine emission regulations modified by the proposed Amendments are identified below, along with a description of the modifications proposed to the Canadian regulatory text. The proposed Amendments would affect companies that manufacture or import new vehicles and engines for sale in Canada and that are subject to the regulations mentioned below.

Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

The proposed Amendments would modify definitions in the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations, as follows:

Furthermore, the U.S. EPA modified their model year definition to allow regulated companies to make the model year for a vehicle one year later than the calendar year during which the vehicle’s main assembly is completed. This change was made to provide some flexibility, such as when the engine installed in the vehicle is of one model year later due to production periods. The proposed Amendments would make the corresponding changes to the relevant provisions of these regulations to allow for that flexibility in Canada.

With respect to engines, the U.S. EPA now allows regulated companies to divide engine families into subfamilies for compliance with the CO2 standards. This allowance is aimed at simplifying the certification process in the United States without changing the overall requirements. The Canadian regulations include a system of emission credits to help meet overall environmental objectives in a manner that provides the regulated industry with compliance flexibility. footnote 2 In order to participate in this CO2 emission credit system, a company must group its vehicles and engines into fleets and calculate its emission credits and deficits. The grouping in fleets is aligned with the compliance grouping of the U.S. EPA certification process. As such, the proposed Amendments would make the necessary modifications to allow companies to have fleets that are of the same engine subfamilies as in the United States. This would allow similar flexibility for Canadian companies using the CO2 emission credit system.

The U.S. EPA has clarified that hydrogen fuel cell vehicles can also be assumed to have an emission of zero grams of CO2 per short ton-mile, much like electric vehicles. As such, the proposed Amendments would add the definition of “fuel cell vehicle,” modify the definition of “electric vehicle” and make corresponding changes to the relevant provisions for vocational vehicles and tractors to ensure that this change made by the U.S. EPA to hydrogen fuel cell vehicles is reflected in the Canadian regulations.

In addition, the proposed Amendments would update a reference to the CFR that was renumbered in the U.S. regulatory text related to engine fuel map documentation to ensure that the incorporation by reference in the Canadian regulations is maintained and some other regulatory wording to maintain alignment would be updated.

On-Road Vehicle and Engine Emission Regulations

The proposed Amendments would make minor modifications to the On-Road Vehicle and Engine Emission Regulations to ensure consistency with the modifications proposed above to the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations and corresponding provisions in the United States, namely modifying the definitions of “heavy-duty vehicle” and “light-duty truck.” The changes to the definition of “heavy-duty vehicle” would ensure that the definitions are the same in both regulations. While a light-duty truck is not defined in the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations, this definition is found in these on-road emission regulations and would be amended to ensure that a light-duty truck is not characterized as a heavy-duty vehicle as a consequence to the changes to that definition.

Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations

The proposed Amendments would update a reference to the CFR that was renumbered in the U.S. regulatory text related to replacement engine labelling in order for the incorporation by reference in the Canadian regulations to point to the corresponding provision of the U.S. EPA regulations.

Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations

The Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations allow large spark-ignition engines fuelled solely by natural gas or liquefied petroleum gas and with a maximum engine power at or above 250 kW to meet alternate standards, namely the standards applicable to mobile compression-ignition engines. In this case, these regulations only refer to emission standards, but should include additional requirements, such as labelling and maintenance instructions. To ensure alignment with the corresponding standards and provisions in the CFR, the proposed Amendments would modify the regulatory text with respect to assignment of emission families, labelling requirements, and maintenance instructions requirements for these specific large spark-ignition engines meeting these alternate standards. The proposed Amendments include the following modifications for these specific large spark-ignition engines:

Regulatory development

Consultation

The proposed Amendments would affect companies engaged in the business of manufacturing or importing vehicles and engines subject to the regulations listed in the description section above. The Department meets regularly with industry associations to provide updates on its regulatory agenda for vehicle and engine emission regulations, either through the associations’ annual conferences or during recurrent meetings.

During 2020 and 2021, departmental officials met bilaterally with some of the industry associations to inform them of the Department’s intent to amend several of the Canadian vehicle and engine emission regulations to maintain alignment with U.S. EPA’s technical amendments. During these meetings, industry stakeholders did not express concerns and sought feedback on the timing of the alignment effort in order to ensure that the regulatory gap between the Canadian and U.S. regulations is minimized.

Stakeholders have historically expressed general support for maintaining alignment with the corresponding U.S. EPA regulations, and are thus expected to support the proposed Amendments. They will have the opportunity to provide comments during a 75-day comment period following the publication of the proposed Amendments in the Canada Gazette, Part I.

As part of this consultation process, the Department will continue to engage and consult with industry stakeholders primarily through their associations. In addition to the comment period following the publication in the Canada Gazette, Part I, the Department will send a letter to the CEPA National Advisory Committee and will publish a link to the proposed Amendments on its CEPA Environmental Registry website to raise awareness of the opportunity to comment and make them broadly available for review by all interested parties.

The Department will also send a notice to a wide range of stakeholders to distribute information on the formal consultation process, including representatives of the provincial and territorial governments, Indigenous leadership groups and organizations, industry associations and their members, and environmental non-governmental organizations.

Modern treaty obligations and Indigenous engagement and consultation

An Assessment of Modern Treaty Implications (AMTI) was completed as per the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, and no modern treaty implications were identified. An Initial Assessment examined the geographical scope and subject matter of the proposed Amendments in relation to modern treaties currently in effect and it was found that the proposed Amendments are not expected to have any modern treaty implications because the amendments do not impact people or land use. As a result, a Detailed Assessment is not required.

The proposed Amendments are not anticipated to impact Indigenous peoples. As a result, specific Indigenous engagement and consultation will not be undertaken. However, following publication of the proposed Amendments in the Canada Gazette, Part I, the Department will inform Indigenous groups of the publication and invite them to submit comments.

Instrument choice

The objective of these proposed Amendments is to maintain alignment with corresponding vehicle and engine emission regulations in the United States. The only way to achieve this objective is by amending several of the current Canadian vehicle and engine emission regulations. No other instrument type would be appropriate in this case.

Regulatory analysis

Benefits and costs

The Canadian vehicle and engine manufacturing industries are highly integrated with the corresponding industries in the United States. Maintaining alignment with common Canada–U.S. standards and testing procedures would contribute to a level playing field for these industries and provide regulatory certainty to stakeholders. The benefits of the proposed Amendments would be realized by eliminating regulatory misalignment with the U.S. EPA provisions. This would reduce the overall regulatory burden for companies operating in the Canada–U.S. market by eliminating the need for additional efforts to meet similar administrative requirements in each jurisdiction. It is estimated that the benefits associated with environmental impact reductions would be greatest when aligning with U.S. EPA standards, which is a cost-effective method for Canada to achieve its emission reduction objectives consistent with the 2000 Ozone Annex to the Canada–U.S. Air Quality Agreement.

The proposed Amendments would only make minor technical changes and their impact on regulated companies is expected to be minimal, because the current regulatory framework would remain the same. For regulated companies, the proposed Amendments are not expected to create additional compliance costs because the changes would avoid having different requirements for Canada and the United States.

Given the nature of these technical amendments, the U.S. EPA stated that they would not have significant environmental impacts nor significant economic impacts for any sector. Therefore, these changes are not anticipated to have adverse economic impacts in Canada, because the proposed Amendments would not affect the stringency of emission standards nor the projected environmental benefits of the standards established in the amended regulations. Consequently, there are no expected reductions in greenhouse gas emissions nor in air pollutants and no overall increase in emissions is anticipated.

For the Department, the proposed Amendments are not expected to create any added government costs beyond the need to make stakeholders aware of the proposed Amendments because the current regulatory framework would remain the same and the existing implementation, compliance, and enforcement policies and programs will continue to apply.

As the proposed Amendments aim to maintain alignment with the corresponding requirements in the United States, and that the U.S. EPA technical amendments are aimed to improve accuracy and reduce test burden, the net compliance and incremental costs are anticipated to be negligible.

Small business lens

The proposed Amendments would not result in new costs for businesses, including small businesses. Re-establishing alignment with U.S. EPA would avoid the potential for added burden on businesses, including small businesses, by eliminating additional efforts needed to comply with similar requirements in Canada and the United States.

One-for-one rule

The one-for-one rule does not apply to the proposed Amendments because there would be no net increase or decrease in administrative burden and no new regulatory titles would be introduced or repealed. Minimal effort would be needed to become familiar with the proposed Amendments; however, this effort would not be related to requirements necessary to demonstrate compliance with the proposed Amendments and for the purposes of the one-for-one rule, it is not considered administrative burden.

Regulatory cooperation and alignment

The proposed Amendments would align with the changes introduced by the recent U.S. EPA technical amendments and other provisions of the CFR and would thus be consistent with the commitment set out in the Canada–U.S. Air Quality Agreement. Stakeholders have also expressed the need to maintain alignment with the U.S. EPA due to the highly integrated nature of the North American market. This harmonized approach provides regulatory certainty for companies in Canada and the United States by creating a level playing field to comply with the same standards, while minimizing regulatory burden for the Department and industry.

The Department is working closely with the U.S. EPA to maintain, where possible, a common Canada–U.S. approach to regulating emissions from vehicles and engines. The cooperative efforts include information-sharing, technical work-sharing, scientific collaboration, and testing related to vehicle and engine emissions. The Department and the U.S. EPA continue to share knowledge and collaborate closely in an effort to implement aligned regulatory standards and joint compliance verification programs, which help maximize efficiencies in the administration of the respective programs in the two countries.

In February 2021, the United States and Canada launched the Roadmap for a Renewed U.S.-Canada Partnership, which was followed by the U.S.-Canada High level Ministerial Dialogue on Climate Ambition, where bilateral cooperation is sought to increase ambition aligned to the Paris Agreement and net-zero objectives, which include exploring opportunities to align policies and regulations. While the proposed Amendments would not change the stringency of the emission standards set out in the amended regulations, maintaining alignment with the emission regulations and associated test procedures of the U.S. EPA is consistent with that objective.

Strategic environmental assessment

The proposed Amendments are intended to maintain alignment with recent changes put in place by the U.S. EPA and there are no changes to the stringency of the amended regulations. Consequently, there are no expected changes to the estimated emission reductions from these regulations, and thus no incremental environmental impacts are expected. In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Since the proposed Amendments would not make substantive changes to the existing regulations nor their stringencies, they will not result in new policies and programs. The existing implementation, compliance and enforcement policies and programs, which includes maintaining a departmental website containing guidance material, and responding to inquiries from stakeholders, will continue to apply.

The proposed Amendments would come into force on the day on which they are registered.

Contacts

Stéphane Couroux
Director
Transportation Division
Energy and Transportation Directorate
Environmental Protection Branch
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.apregdevinfo-infodevregpa.ec@ec.gc.ca

Matthew Watkinson
Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Environment and Climate Change Canada
200 Sacré-Cœur Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.darv-ravd.ec@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 332(1) footnote a of the Canadian Environmental Protection Act, 1999 footnote b, that the Governor in Council, pursuant to section 160 footnote c of that Act, proposes to make the annexed Regulations Amending Certain Regulations Made Under the Canadian Environmental Protection Act, 1999.

Any person may, within 75 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or, within 60 days after the date of publication of this notice, file with that Minister a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Stéphane Couroux, Director, Transportation Division, Environmental Protection Branch, Department of the Environment, Gatineau, Quebec K1A 0H3 (email: stephane.couroux@ec.gc.ca).

Ottawa, December 9, 2021

Mirza Lončar
Acting Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made Under the Canadian Environmental Protection Act, 1999

On-Road Vehicle and Engine Emission Regulations

1 (1) The definition heavy-duty vehicle in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations footnote 3 is replaced by the following:

heavy-duty vehicle
means an on-road vehicle that has a GVWR of more than 3 856 kg (8,500 lb). (véhicule lourd)

(2) The portion of the definition of light-duty truck in subsection 1(1) of the Regulations before paragraph (a) is replaced by the following:

light-duty truck
means an on-road vehicle that has a GVWR of 3 856 kg (8,500 lb) or less and that

Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations

2 Paragraph 18(3)(b) of the Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations footnote 4 is replaced by the following:

Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

3 (1) The definitions electric vehicle, engine configuration, heavy-duty incomplete vehicle and heavy-duty vehicle in subsection 1(1) of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations footnote 5 are replaced by the following:

electric vehicle
means a heavy-duty vehicle, other than a fuel cell vehicle, that is not equipped with an internal combustion engine and is powered solely by an external source of electricity or solar power or a combination of electricity and solar power. (véhicule électrique)
engine configuration
means a unique combination of heavy-duty engine hardware and calibration that has an effect on measured emissions within an engine family or subfamily, as the case may be. (configuration de moteur)
heavy-duty incomplete vehicle
means a heavy-duty vehicle, an on-road vehicle with a curb weight of more than 2 722 kg (6,000 pounds) or an on-road vehicle with a basic vehicle frontal area in excess of 4.2 m2 (45 square feet) that consists of, at a minimum, a chassis, a powertrain and wheels in the state in which all of those components are to be part of the vehicle, but that requires further manufacturing operations to be completed. (véhicule lourd incomplet)
heavy-duty vehicle
means an on-road vehicle that has a GVWR of more than 3 856 kg (8,500 pounds) but does not include a medium-duty passenger vehicle as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations or a vehicle regulated under the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations. (véhicule lourd)

(2) The definition heavy heavy-duty vehicle in subsection 1(1) of the Regulations is amended by striking out “or” at the end of subparagraph (b)(i) and by replacing subparagraph (b)(ii) with the following:

(3) Subparagraphs (b)(i) and (ii) of the definition medium heavy-duty vehicle in subsection 1(1) of the Regulations are replaced by the following:

(4) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

engine subfamily,
in respect of a company’s heavy-duty engines other than those referred to in section 25, means the grouping within an engine family having the same CO2 family certification level, determined in accordance with section 230 of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR. (sous-famille de moteurs)
fuel cell vehicle
means a heavy-duty vehicle propelled solely by an electric motor, the energy for the motor being supplied by an electrochemical cell that produces electricity via the non-combustion reaction of a consumable fuel, typically hydrogen. (véhicule à pile à combustible)

4 Subsection 4(3) of the Regulations is replaced by the following:

Vocational vehicles and tractors — as of 2021

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

5 (1) Subparagraph 12.2(1)(a)(ii) of the Regulations is amended by striking out “or” at the end of clause (A) and by replacing clause (B) with the following:

(2) Subparagraph 12.2(1)(b)(ii) of the Regulations is amended by striking out “or” at the end of clause (A) by replacing clause (B) with the following :

6 (1) The portion of subsection 18(8) of the Regulations before paragraph (a) is replaced by the following:

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 or subfamily, as the case may be, and have, taking into account section 205(e) of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR,

(2) Subsection 18(9) of the Regulations is replaced by the following:

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 engine family or subfamily, as the case may be, are sold in the United States.

7 (1) Paragraph 26(2)(b) of the Regulations is replaced by the following:

(2) Subsection 26(2.2) of the Regulations is replaced by the following:

Electric vehicles or fuel cell vehicles powered by hydrogen

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

8 Subsection 27(4) of the Regulations is replaced by the following:

Electric vehicles or fuel cell vehicles powered by hydrogen

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

9 (1) The portion of subsection 32(1) of the Regulations before paragraph (a) is replaced by the following:

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 or subfamily, as the case may be, measured in accordance with the following duty cycles, taking into account sections 108(d) to (f) and 150(g) and (m) of subpart B, sections 235(b) and 241(c) and (d) of subpart C and subparts E and F of Title 40, chapter I, subchapter U, part 1036, of the CFR:

(2) Subsection 32(2) of the Regulations is replaced by the following:

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 or subfamily, as the case may be, are sold in the United States.

10 Paragraph 51(2)(d) of the Regulations is replaced by the following:

Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations

11 (1) Subparagraph (c)(i) of the definition emission family in subsection 1(1) of the Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations footnote 6 is replaced by the following:

(i) in the case of mobile compression-ignition engines — other than those referred to in subparagraph (iii) — and large spark-ignition engines that meet the alternative standards referred to in section 19, section 230, subpart C, of CFR 1039 and, if the engine conforms to the alternative standards referred to in section 14, section 645(c), subpart G, of CFR 1039,

(2) Subparagraph (c)(iv) of the definition emission family in subsection 1(1) of the Regulations is replaced by the following:

(iv) in the case of large spark-ignition engines — other than those that meet the alternative standards referred to in section 19 — section 230, subpart C, of CFR 1048; or

12 The portion of subsection 28(1) of the Regulations before paragraph (a) is replaced by the following:

Label — compression-ignition engines

28 (1) A compression-ignition engine or a large spark-ignition engine that meets the alternative standards referred to in section 19 — other than an engine that is covered by an EPA certificate, an engine that is used in a transportation refrigeration unit and that conforms to the alternative standards referred to in subsection 14(1) or a replacement engine — must bear a label that sets out

13 The portion of subsection 29(1) of the Regulations before paragraph (a) is replaced by the following:

Label — large spark-ignition engines

29 (1) A large spark-ignition engine — other than an engine that meets the alternative standards referred to in section 19, an engine that is covered by an EPA certificate or a replacement engine — must bear a label that sets out

14 Paragraph 32(c) of the Regulations is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

15 (1) Paragraph 36(1)(a) of the Regulations is replaced by the following:

(2) Paragraph 36(1)(c) of the Regulations is replaced by the following:

Coming into Force

Registration

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