9. Special Cases

Under CEPA 1999, a vehicle or engine imported into Canada solely for purposes of exhibition, demonstration, evaluation or testing does not have to meet with the requirements of the planned regulations if a declaration signed by the person importing the vehicle or engine or their duly authorized representative is submitted at a customs office.

Under the planned regulations, an incomplete vehicle or engine can be imported by a company if a declaration is submitted at a customs office. The declaration will have to be signed by a duly authorized representative of the company and will contain a statement from the vehicle or engine manufacturer that the engine will, when completed in accordance to the instructions provided by the manufacturer, conform to the prescribed standards and a statement from the company that the vehicle or engine will be completed in accordance to the manufacturer's instructions.

A replacement engine will be "an engine designed exclusively to replace an engine in a vehicle for which no current model year engine with the physical or performance characteristics necessary for the operation of the vehicle exists". A replacement engine may conform to standards different from those prescribed in the planned regulations, but at least as stringent as the standards applicable to the original engine.

A company may apply to the Governor in Council to be granted an exemption from any standards set under the planned regulations. An exemption 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.

CEPA 1999 does not authorize an exemption for financial hardship if the annual world production of vehicles or engines manufactured by the company or by the manufacturer of the vehicle or engine that is the subject of the application for exemption exceeded 10,000 vehicles or engines or if the annual total number of vehicles or engines manufactured for, or imported into, the Canadian market exceeded 1,000 vehicles or engines.


24 This provision will be very similar to section 20 of the Off-Road Small Spark-Ignition Engine Emission Regulations.

25 This provision will be very similar to section 22 of the Off-Road Small Spark-Ignition Engine Emission Regulations.

26 This provision will be very similar to section 13 of the Off-Road Small Spark-Ignition Engine Emission Regulations.

27 This provision will be very similar to sections 24-25 of the Off-Road Small Spark-Ignition Engine Emission Regulations.

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