Guidance document for Off-Road Small Spark-Ignition Engine Emission Regulations: chapter 9

9. Other Obligations

9.1  To provide maintenance instructions

Under section 15 of the Regulations, a company shall ensure that written instructions for emission-related maintenance are provided to the first retail purchaser of every engine or machine and are consistent with the maintenance instructions set out in the CFR. The instructions must be provided in English, French or both official languages, as requested by the purchaser.

9.2  Notice of defect

A company shall, on becoming aware of a defect in the design, construction or functioning of the engine that affects or is likely to affect its compliance with a prescribed standard, cause notice of defect to be given.

The expression "on becoming aware of a defect" in subsection 157(1) of CEPA 1999 can be interpreted as meaning, for an engine covered by EPA certificate, when the company is aware that the criteria under which a manufacturer must file a defect information report with the EPA as described in subsection 90.803(a) of the CFR have been met.

Subsection 26(1) of the Regulations describes the information that must be provided in the notice of defect. The notice must be given to the Minister, to each person who has obtained such engine from the company and to each current owner of such engine.

Given the nature of the small spark-ignition engine and machine market, the Minister may take advantage of the flexibility provided by subsection 157(4) of CEPA 1999 regarding issuing notice to current owners. The Minister may order that the notice be provided by publication in daily newspapers or in an alternative medium or, if the circumstances warrant, order that the current owners need not be notified. The notice of defect provided to the Minister requires a description of the means available to the company to contact the current owner of each affected engine.

Within 60 days after a notice of defect has been given, the company must submit to the Minister an initial report containing the information described in subsection 26(2) of the Regulations. Unless the Minister directs otherwise, the company must also provide a report respecting the defect and its correction not later than 24 months after giving a notice of defect.

Under subsection 157(3) of CEPA 1999, a company is not required to cause notice of defect to be given if a relevant notice has already been given in Canada by another person (e.g., the engine manufacturer) for the same defect.

9.3  Obligation to provide an engine

Under section 159 of CEPA 1999, upon request from the Minister, a company shall make available for testing any engine that was used in tests conducted in order to establish information submitted as evidence of conformity or an equivalent engine. The Minister will defray the transportation cost and pay the rental rate set in section 23 of the Regulations. The annual rental rate is 21% of the manufacturer's suggested retail price of the engine, prorated on a daily basis for each day the engine is made available.

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