9. Other Obligations
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. The company must ensure that those written instructions are consistent with the maintenance instructions set out in the Code of Federal Regulations (CFR). The instructions must be provided in English, French or both official languages, as requested by the purchaser.
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 set out in the Regulations, a company shall cause notice of defect to be given.
The expression "on becoming aware of a defect" in subsection 157(1) of the Canadian Environmental Protection Act (CEPA) 1999 could be, for an engine covered by an Environmental Protection Agency (EPA) certificate, when the company is aware that the criteria were met under which it must file a defect information report with the EPA, as described in subsection 89.803(a) of the CFR. "On becoming aware of a defect" could also mean that the company has received reports from users of the engine that have led the company to conclude that there is a defect in design, construction or functioning, or that, through its own testing, the company has found such a defect.
Subsection 25(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 an engine with the defect from the company and to each current owner of an engine with the defect.
Given the nature of the compression-ignition engine and machine market, subsection 157(4) of 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 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 25(2) of the Regulations. The company must also submit, within 45 days after the end of each quarter, quarterly reports to the Minister containing the information described in subsection 25(3) of the Regulations.
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. The company should obtain a copy of that notice of defect for their records.
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 make available for testing an equivalent engine. The Minister will defray the transportation cost and pay the rental rate set in section 22 of the Regulations. The annual rental rate is 12% 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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