5. National Emissions Mark

• 5.1 Are there any conditions regarding affixing a national emissions mark to an engine?
• 5.2 When do the provisions regarding the national emissions mark come into effect?
• 5.3 Who can affix the national emissions mark?
• 5.4 How does a company obtain the Minister's authorization to use the national emissions mark?
• 5.5 What information could satisfy the requirement of paragraph 6(2)(d) of the Regulations to show that the company is capable of verifying compliance with the standards?
• 5.6 Do imported engines require the national emissions mark?
• 5.7 Are there any requirements regarding the size, location and manner of affixing the national emissions mark to an engine?

Companies are only required to affix the national emissions mark to prescribed engines that are manufactured in Canada for sale in Canada. Section 152 of CEPA 1999 combined with subsection 5(3) of the Regulations prohibits a company from transporting engines manufactured in Canada between provinces or territories unless the engine has a national emissions mark applied to it.

The national emissions mark is the symbol shown in Figure 2. Section 150 of CEPA 1999 specifies that the national emissions mark is a national trademark and establishes limitations on any person's use of the mark (or the use of any other mark in such a manner that it is likely to be mistaken for a national emissions mark). Companies must obtain the Minister's authorization to use the national emissions mark.

Figure 2: The National Emissions Mark

Yes. Section 153 of CEPA 1999 prohibits a company from affixing the national emissions mark to any engine unless the stated requirements are met. The emission standards that the engine must meet are prescribed in sections 9 to 13 of the Regulations.

Sections 6 to 8 of the Regulations, which relate to the national emissions mark, came into effect on February 8, 2005 to allow companies to seek authorization to affix the national emissions mark to engines manufactured before January 1, 2006 that meet applicable 2006 model year standards.

The remaining sections of the Regulations came into effect on January 1, 2006.

Under section 151 of CEPA 1999, a company must have received an authorization from the Minister to affix the national emissions mark to vehicles, engines or equipment.

A company must submit an application to obtain the Minister's authorization to use the national emissions mark. The information to be included in the application is set out in section 6 of the Regulations. A company's application must be signed by a person who is authorized to act on behalf of the company.

When the Minister authorizes a company to use the national emissions mark, a unique identification number will be assigned to the company.

Information to show that a company is capable of verifying compliance with the regulatory standards may be presented in various forms, including but not limited to the following:

1. Recent experience in obtaining EPA emission certification
   
   When applicable, a company may provide the following statement:
   
   "The company has been issued certificates of conformity by the U.S. EPA within the last five years as evidence of conformity with U.S. regulatory emission standards for engines covered under the Off-Road Compression-Ignition Engine Emission Regulations"
   
2. Technical Information
   
   The company may provide technical information to show that it is capable of verifying compliance with the standards set out in the Regulations including, but not limited to, information describing the capabilities of the emission test facilities operated by, or on behalf of, the company to produce evidence that its engines conform to the standards set out in the Regulations. This may include evidence that the emission test facility used on behalf of the company has produced test results used in support of a successful application to the EPA for the issuance of a certificate of conformity.

The Minister will assess the information provided to determine if the company meets the requirements for being authorized to affix the national emissions mark on engines.

No. Subsection 153(1) of CEPA 1999 directly requires that imported engines conform to the requirements of the Regulations as a condition for their importation into Canada. Accordingly, affixing a national emissions mark to imported engines is not required to demonstrate such conformity. Nonetheless, a company that is authorized by the Minister to use the national emissions mark may affix the mark to engines that are manufactured outside Canada, provided they conform to the requirements of the Regulations.

Yes. Requirements regarding the size, location and manner of affixing the national emissions mark to machines or engines are addressed in section 7 of the Regulations.

The national emissions mark shall be at least 7 mm in height and 10 mm in width. The identification number assigned by the Minister to the company (described in section 5.4 of this document) shall be in figures that are at least 2 mm in height, immediately below or to the right of the national emissions mark.

The national emissions mark shall be located on or immediately next to the EPA engine information label or, if there is no such label, in a visible, readily accessible location.

The national emissions mark shall be on a label that is permanently applied, is resistant to any weather condition, and bears legible and indelible inscriptions.