8. Other Obligations
Under the planned regulations, a company will have to ensure that written instructions for emission-related maintenance are provided to the first retail purchaser of every engine or vehicle. The instructions must be provided in English, French or both official languages, as requested by the purchaser.
A bilingual removable hangtag shall be affixed to every recreational vehicle. This hangtag will show the emission characteristics of the vehicle relative to other models in accordance with subsection 1051.135(g) of Control of Emissions from Recreational Engines and Vehicles in the U.S. Code of Federal Regulations.
A unique, legible identification number shall be affixed on every engine or vehicle.
A company shall, on becoming aware of a defect in the design, construction or functioning of the vehicle or engine that affects or is likely to affect its compliance with a prescribed standard, cause notice of defect to be given to the Minister, to each person who has obtained such vehicle or engine from the company and to each current owner of such vehicle or engine.
The planned regulations will describe 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 vehicle or engine from the company and to each current owner of such vehicle or engine.
Given the nature of the recreational vehicle and engine market, CEPA 1999 provides flexibility 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 vehicle or engine.
Within 60 days after a notice of defect has been given, the company must submit to the Minister an initial report22. Unless the Minister directs otherwise, the company must also provide a report respecting the defect and its correction not later than 12 months after giving a notice of defect for a defect affecting an outboard or personal watercraft engine and no later than 6 months and every 6 months thereafter for a defect affecting a recreational vehicle.
Under 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 vehicle or engine manufacturer) for the same defect.
Upon request from the Minister, a company shall make available for testing any vehicle or engine that was used in tests conducted in order to establish information submitted as evidence of conformity or an equivalent vehicle or engine. The Minister will defray the transportation cost and pay the rental rate that will be set in the planned regulations. The planned annual rental rate is 12% of the manufacturer's suggested retail price of the vehicle or engine, prorated on a daily basis for each day the vehicle or engine is made available.
20 This provision will be very similar to section 15 of the Off-Road Small Spark-Ignition Engine Emission Regulations.
21 This provision will be very similar to section 15 of the Off-Road Small Spark-Ignition Engine Emission Regulations.
22 The information to be provided in this report will be similar to the one required under subsection 25(2) of the Off-Road Small Spark-Ignition Engine Emission Regulations.
23 This provision will be very similar to section 23 of the Off-Road Small Spark-Ignition Engine Emission Regulations.
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