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This historical page is being kept for research or reference
purposes and will not be updated.

This historical page is being kept for research or reference
purposes and will not be updated.

3. Engines Subject to the Regulations

The Regulations prescribe standards for off-road engines that operate as reciprocating, internal combustion engines, other than those that operate under characteristics significantly similar to the theoretical Otto combustion cycle and that use a spark plug or other sparking device.

The Regulations apply to engines that are typically diesel-fuelled and found in construction, mining, farming and forestry machines, such as tractors, excavators and log skidders.

The Regulations apply to engines manufactured in Canada that are "transported within Canada" (i.e., transported between provinces and territories) and to engines imported into Canada.

These Regulations do not apply to compression-ignition engines that are subject to the On-Road Vehicle and Engine Emission Regulations.

Section 3.4 of this guidance document identifies other categories of compression-ignition engines that are not subject to these Regulations.

An off-road engine is defined as an internal combustion engine that is used or designed to be used:

  1. by itself and that is capable of being carried or moved from one location to another;
  2. in or on a machine that is designed to be or capable of being carried from one location to another (e.g., a portable generator);
  3. in or on a machine that is self-propelled;
  4. in or on a machine that serves a dual purpose by both propelling itself and performing another function (e.g., a tractor); or
  5. in or on a machine that is intended to be propelled while performing its function (e.g., a transport refrigeration unit).

Under section 149 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), engines designed to propel an aircraft or rolling stock (e.g., a locomotive) and compression-ignition engines rated at 37 kW and above that are designed to propel a vessel (i.e., a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water) are not within the scope of Part 7, Division 5 of CEPA 1999 and are not subject to the Regulations.

The definition of off-road engine does not include engines designed to be used in stationary applications, such as a fixed generator-set or pump.

"Machine" means anything, including a vehicle, device, appliance or implement, that is powered by an engine. A tractor, an excavator, or a portable generator, for example, powered by a compression-ignition engine would be considered a machine for the purpose of these Regulations. In the CFR, the words "nonroad equipment" or "nonroad vehicle" generally have the same meaning as "machine" in the Regulations.

While most provisions of the Regulations apply specifically to engines, machines are also covered if the machine contains an engine covered by these Regulations.

The word "equipment" is often used in everyday language as a general descriptor for tools or machinery powered by off-road engines, such as in the expression "construction equipment".

Within the context of CEPA 1999 and its regulations under Part 7, Division 5, the word "equipment" has a specific meaning. Under section 149 of CEPA 1999 the word "equipment" means "any prescribed equipment that is designed for use in or on a vehicle or engine". This legislative meaning of "equipment" is intended to address engine accessories including but not limited to catalytic converters or fuel systems.

The Regulations use the term "machine" as meaning a vehicle, device, appliance or implement powered by an engine.

The compression-ignition engines that are not subject to the Regulations are those that:

  1. are designed exclusively for competition and with features that are not easily removed and characteristics that render their use other than in competition unsafe, impractical or unlikely;
  2. are regulated by the On-Road Vehicle and Engine Emission Regulations;
  3. are designed to be used exclusively in underground mines;
  4. have a per-cylinder displacement of less than 50 cubic centimetres;
  5. are designed to be used in military machines designed for use in combat or combat support;
  6. are being exported and that are accompanied by a written statement establishing that they will not be sold or used in Canada; or
  7. are designed to be used in a vessel and for which the fuel, cooling and exhaust systems are integral parts of the vessel. Auxiliary engines used on vessel (e.g., a crane or a portable generator) are, however, subject to the Regulations.

Additional information concerning engines designed to be used exclusively in underground mines is given in Chapter 10 of this guidance document.

No, the following engines must conform only to certain provisions of the Regulations:

  1. engines that are imported into Canada solely for purposes of exhibition, demonstration, evaluation or testing;
  2. engines that are being imported exclusively for use by a visitor to Canada or by a person passing through Canada to another country;
  3. engines that are in transit through Canada, from a place outside Canada to another place outside Canada;
  4. engines that do not meet the requirements of the Regulations at importation or when leaving a factory but that will meet these requirements before they leave the possession or control of the companyFootnote 1, such as incomplete engines;
  5. replacement engines as this term is defined in subsection 12(1) of the Regulations;
  6. transition engines as this term is defined in subsection 13(1) of the Regulations; and
  7. engines for which the Governor-in-Council has granted an exemption.

Additional details on special provisions in respect of these engines are given in Chapter 10 and Section 6.6 of this guidance document.

All other engines must conform to all provisions of the Regulations.

The Regulations came into force on January 1, 2006, except for the sections related to the national emissions mark which came into effect on February 8, 2005. Additional details on the national emissions mark are provided in Chapter 5 of this guidance document.

The emission standards apply to engines of the 2006 and later model years that are manufactured on or after January 1, 2006.

Model year is the year determined by the manufacturer to designate the period of production of a particular model of an engine and is defined in section 4 of the Regulations.

The model year can span a period of up to two calendar years less one day but can include only one January 1. The model year corresponds to the calendar year during which production occurred or the calendar year during which January 1 fell. For example, a line of engines produced between March 1, 2006 and January 31, 2007 would be 2007 model year engines.

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