4. Persons Affected by the Regulations
- 4.1 Who is a Canadian engine manufacturer?
- 4.2 Who is a distributor of Canadian engines?
- 4.3 When is an importer a companyunder the Canadian Environmental Protection Act, 1999 (CEPA, 1999)?
- 4.4 What are the regulatory requirements for each type of "person" affected by the Regulations?
- 4.5 How are foreign engine manufacturers affected by the Regulations?
The Regulations apply mainly to companies and, in section 149 of the Canadian Environmental Protection Act, 1999 (CEPA, 1999), a company is defined as a "person" who
- is engaged in the business of manufacturing vehicles, engines or equipment in Canada;
- is engaged in the business of selling to other persons, for the purpose of resale by those persons, vehicles, engines or equipment obtained directly from a person described in paragraph (a) or the agent of such person; or
- imports any vehicle, engine or equipment into Canada for the purpose of sale.
To highlight that "company" under CEPA 1999 means only specific types of commercial entities, the word will be italicized throughout the rest of this guidance document.
Four different types of persons are potentially affected by the Regulations:
- a Canadian engine manufacturer;
- a distributor of Canadian engines or machines containing Canadian engines;
- an importer of engines or machines for the purpose of sale ; and
- a person who is not a company importing an engine or machine.
A person engaged in the business of manufacturing vehicles, engines or equipment in Canada is a company under CEPA 1999.
Under CEPA 1999, "to manufacture" includes any process of assembling or altering any engine before its sale to the first retail purchaser. Therefore a person who modifies an engine before it is sold, for example by adapting a diesel engine to run on natural gas, would be considered to be a company for the purposes of the Regulations.
The Regulations apply to engines manufactured in Canada if they are "transported within Canada" (i.e., transported between provinces or territories). Engines manufactured in Canada that are transported between provinces or territories require a national emissions mark (see Chapter 5).
A person who is engaged in the business of selling to other persons, for the purpose of sale by those persons, engines obtained directly from a Canadian engine manufacturer or its agent is a distributor of Canadian engines and is a company under CEPA 1999.
Engines manufactured in Canada that are transported between provinces or territories require a national emissions mark (see Chapter 5). Only one national emissions mark is required per engine.
Under CEPA 1999, a company is a person who imports engines or machines powered by these engines for the purposes of sale. Section 3 of CEPA 1999 defines "to sell" as including to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease.
A person importing engines for a purpose other than sale is not a company under CEPA 1999. Therefore, an individual or commercial entity importing engines directly for their own use is not considered to be a company for the purposes of the Regulations. For example, a construction business directly importing a backhoe to be used by its employees would not be considered a company. However, there are regulatory requirements for this category of persons.
Table 1 provides a summary of the requirements for the four different categories of persons affected by Regulations. When necessary, more detailed information is provided elsewhere in the guidance document, as indicated in the following table.
| Requirements | Canadian engine manufacturer | Distributor of Canadian engines | Engine or machine importer For the purpose of sale |
Engine or machine importer For other purposes |
Chapter in the guidance document |
|---|---|---|---|---|---|
| Company under CEPA 1999? | X | X | X | 4 | |
| Affix the national emissions mark | X | X | 5 | ||
| Supply engines that comply with standards | X | X | X | Footnote a | 6 |
| Provide evidence of conformity | X | X | XFootnote b | Footnote a | 7 |
| Submit an importation declaration | X | X | 8 | ||
| Prescribed label is affixed to an imported engine | X | X | 8 | ||
| Provide maintenance instructions | X | X | XFootnote b | 9 | |
| Cause notice of defect to be given, if necessary | X | X | X | 9 |
Engines produced by foreign manufacturers and imported into Canada must conform to CEPA 1999 and the Regulations.
Importers may require the assistance of a foreign engine manufacturer to demonstrate compliance with the Regulations. In particular, the assistance of foreign engine manufacturers may be required to ensure that engines imported into Canada meet the prescribed standards and to provide evidence of conformity to that effect. These requirements are described in Chapters chapter6 and chapter7 of this guidance document.
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