Guidance document for Off-Road Small Spark-Ignition Engine Emission Regulations: chapter 2

2. Regulatory Framework

• 2.1.  What is the Canadian Environmental Protection Act, 1999 (CEPA 1999)?
• 2.2.  What is the CEPA Environmental Registry?
• 2.3.  What is the Code of Federal Regulations?
• 2.4.  Are the Regulations identical to the EPA rules?
• 2.5.  Certain provisions of the Regulations state that information can be requested by or sent to the Minister. Who is the Minister?

The Off-Road Small Spark-Ignition Engine Emission Regulations establish, under the authority of the Canadian Environmental Protection Act, 1999, Canadian emission standards aligned with those of the U.S. Environmental Protection Agency (EPA) for small spark-ignition engines.

2.1  What is the Canadian Environmental Protection Act, 1999 (CEPA 1999)?

The Canadian Environmental Protection Act, 1999 (CEPA 1999), "an Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development", is Canada's principal piece of federal environmental protection legislation. Part 7, Division 5, contains the legislative authority for making regulations for the purpose of controlling vehicle, engine and equipment emissions.

2.2  What is the CEPA Environmental Registry?

The CEPA Environmental Registry is a comprehensive source of public information relating to activities under CEPA 1999. In addition to providing up-to-date copies of current CEPA 1999 instruments, the primary objective of the Registry is to encourage and support public participation in environmental decision-making, by facilitating access to documents arising from the administration of the Act.

2.3  What is the Code of Federal Regulations?

The Code of Federal Regulations is a codification of the general and permanent rules published by the U.S. Federal Government. In this guidance document, the expression "CFR" always means Title 40, Part 90, Control of Emissions from Nonroad Spark-Ignition Engines of the Code of Federal Regulations.

The Regulations incorporate portions of the CFR by reference to ensure alignment of the emission standards between the two countries. Subsection 1(2) of the Regulations states that incorporation by reference to the CFR shall be read as excluding

1. references to the EPA or its Administrator exercising discretion in any way;
2. alternative standards related to the averaging, banking and trading of emission credits, to small volume manufacturers or to financial hardship; and
3. standards or evidence of conformity from any other jurisdiction or authority other than the EPA.

2.4  Are the Regulations identical to the EPA rules?

No. While the overall missions of Environment Canada and EPA are quite similar, the constitutions and laws of both countries differ. There are significant differences in how environmental protection regulations can be developed and enforced in Canada and in the U.S.

The Regulations were developed to align Canadian emission standards with those of the EPA. Ancillary provisions are as similar as possible, considering the different regulatory frameworks in Canada and the U.S.

2.5 Certain provisions of the Regulations state that information can be requested by or sent to the Minister. Who is the Minister?

The "Minister" is the federal Minister of the Environment. An official of Environment Canada may make a request for information on behalf of the Minister. Where the Regulations require information to be submitted to the Minister, unless otherwise directed, it should be sent to:

Director, Transportation Systems Branch
Air Pollution Prevention Directorate
Environment Canada
351 St-Joseph Blvd
Gatineau, Quebec K1A 0H3
fax: 819-953-7815
phone: 819-953-1120
e-mail: reg_tsb_dst@ec.gc.ca