Guidance document for Off-Road Small Spark-Ignition Engine Emission Regulations: chapter 10

10. Special Cases of Off-Road Small Spart-Ignition Engines

• 10.1.  Engines imported in Canada solely for purposes of exhibition, demonstration, evaluation or testing
• 10.2.  Engine in transit through Canada, from a place outside Canada to another place outside Canada
• 10.3.  Engine imported exclusively for use by a visitor to Canada
• 10.4.  Incomplete engine
• 10.5.  Replacement engine
• 10.6.  Engine for which the Governor-in-Council has granted an exemption

10.1  Engines imported in Canada solely for purposes of exhibition, demonstration, evaluation or testing

Under paragraph 155(1)(a) of CEPA 1999, an engine imported into Canada solely for purposes of exhibition, demonstration, evaluation or testing does not have to meet with the requirements of the Regulations if a declaration signed by the person importing the engine or their duly authorized representative is submitted at a customs office. Section 20 of the Regulations specify that the declaration must contain:

1. the name and street address and, if different, the mailing address of the importer;
2. the business number of the importer;
3. in respect of an engine that is not installed in or on a machine, the name of the manufacturer and the model and model year of the engine
4. in respect of a machine, the name of the manufacturer and the make, model and type of the machine;
5. the date on which the engine is imported;
6. a statement that the engine will used in Canada solely for purposes of exhibition, demonstration, evaluation or testing; and
7. the date on which the engine will be removed from Canada or destroyed.

10.2  Engine in transit through Canada, from a place outside Canada to another place outside Canada

Under paragraph 155(1)(b) of CEPA 1999, an engine in transit through Canada, from a place outside Canada to another place outside Canada does not have to meet with the requirements of the Regulations if it is accompanied by written evidence that the engine will not be sold or used in Canada.

10.3  Engine imported exclusively for use by a visitor to Canada

Under paragraph 155(1)(c) of CEPA 1999, an engine imported exclusively for use by a visitor to Canada or by a person passing through Canada to another country does not have to meet with the requirements of the Regulations.

10.4  Incomplete engine

Under section 22 of the Regulations, an incomplete engine can be imported by a company when a declaration is submitted at a customs office. The declaration must be signed by a duly authorized representative of the company and must contain the following:

1. the information described in paragraphs 19(1) (a) to (e) of the Regulations;
2. a statement from the engine manufacturer that the engine will, when completed in accordance to the instructions provided by the manufacturer, conform to the prescribed standards; and
3. a statement from the company that the engine will be completed in accordance to the engine manufacturer's instructions.

10.5  Replacement engine

Under section 13 of the Regulations, a replacement engine is "an engine designed exclusively to replace an engine in a machine for which no current model year engine with the physical or performance characteristics necessary for the operation of the machine exists".

A replacement engine shall conform to standards that may be different from those prescribed in sections 9 to 12 of the Regulations. Figure 4 illustrates to what standards the replacement engine must conform.

Figure 4: Standards applicable to a replacement engine

Click the image to view full size version.

A label must be applied to a replacement engine. Under subsection 13(3) of the Regulations, this label must

1. set out in both official language that the engine is a replacement engine and meets all the requirements set out for the national emissions mark; or
2. meet the requirements set out in paragraph 90.1003(b) (5) of the CFR.

10.6  Engine for which the Governor-in-Council has granted an exemption

A company may apply to the Governor in Council to be granted an exemption from any standards prescribed under the Regulations. Under section 156 of CEPA 1999, an exemption from any prescribed standards will be granted only if, in the opinion of the Governor in Council, conformity with that standard would

1. create substantial financial hardship for the company;
2. impede the development of new features for safety, emission monitoring or emission control that are equivalent or superior to those that conform to prescribed standards; or
3. impede with the development of new kinds of engines or engine components.

Under subsection 156(4) of CEPA 1999, an exemption for financial hardship may not be granted if the annual world production of engines manufactured by the company or by the manufacturer of the engine that is the subject of the application for exemption exceeded 10,000 engines or if the annual total number of engines manufactured for, or imported into, the Canadian market exceeded 1,000 engines.

Section 24 of the Regulations describes the information to be provided to the Minister when applying for an exemption and section 25 describes the label to be applied to an engine for which an exemption has been granted.