10. Special Cases of Off-Road Compression-Ignition Engines

• 10.1 Engines imported into Canada solely for purposes of exhibition, demonstration, evaluation or testing
• 10.2 Engine in transit through Canada, from a place outside Canada to another place outside Canada
• 10.3 Engine imported exclusively for use by a visitor to Canada
• 10.4 Incomplete engine
• 10.5 Replacement engine
• 10.6 Engine designed to be used exclusively in underground mines
• 10.7 Engine for which the Governor-in-Council has granted an exemption

Under paragraph 155(1)(a) of Canadian Environmental Protection Act (CEPA) 1999, an engine imported into Canada solely for purposes of exhibition, demonstration, evaluation or testing does not have to comply with the requirements of the Regulations if a declaration signed by the person importing the engine or their duly authorized representative is submitted to the Minister prior to importation. Section 20 of the Regulations specifies that the declaration must contain:

1. the name and street address and, if different, the mailing address of the importer;
2. the business number of the importer;
3. in respect of an engine that is not installed in or on a machine, the name of the manufacturer and the model and model year of the engine
4. in respect of a machine, the name of the manufacturer and the make, model and type of the machine;
5. the date on which the engine is imported;
6. a statement that the engine will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing; and
7. the date on which the engine will be removed from Canada or destroyed.

Under paragraph 155(1)(b) of CEPA 1999, an engine in transit through Canada, from a place outside Canada to another place outside Canada, does not have to comply with the requirements of the Regulations, if it is accompanied by written evidence that the engine will not be sold or used in Canada.

Under paragraph 155(1)(c) of CEPA 1999, an engine imported exclusively for use by a visitor to Canada or by a person passing through Canada to another country does not have to meet the requirements of the Regulations.

Under section 21 of the Regulations, an incomplete engine can be imported by a company when a declaration is submitted at a customs office. The declaration must be signed by a duly authorized representative of the company and must contain the following:

1. the information described in paragraphs 19(1) (a) to (d) and subparagraph 19(1)(e)(i) of the Regulations;
2. a statement from the engine manufacturer that the engine will, when completed in accordance to the instructions provided by the manufacturer, conform to the prescribed standards; and
3. a statement from the company that the engine will be completed in accordance with the engine manufacturer's instructions.

Please refer to Chapter 5 regarding National Emissions Mark

Under section 12 of the Regulations, a replacement engine is "an engine manufactured exclusively to replace an engine in a machine for which no current model year engine with the physical or performance characteristics necessary for the operation of the machine is manufactured by the manufacturer of the original engine".

A replacement engine may conform to standards that are different from those prescribed in sections 9 to 11 of the Regulations. Figure 4 illustrates the standards and specifications for replacement engines.

Figure 4: Standards Applicable to a Replacement Engine

The company must affix a label to a replacement engine. Under subsection 12(3) of the Regulations, this label must

1. set out in both official languages that the engine is a replacement engine and meet the requirements set out for the national emissions mark under subsections 7(3) and (4); or
2. meet the requirements set out in paragraph 89.1003(b)(7) of the CFR.

Off-road compression-ignition engines that are designed to be used exclusively in underground mines are not subject to the Regulations.

Allowable emission limits and exhaust treatment system requirements for diesel engines used in underground mines fall under provincial or territorial occupational health and safety requirements, except in the case of Crown Corporations and uranium mines, which both fall under federal jurisdiction. The certification for diesel equipment used in mines is provided by CANMET, a research branch of Natural Resources Canada. All CANMET certified engines are required to have an engine label, which includes a permanent Energy, Mines and Resources (EMR) certification mark and the approved certification number. For more information on those requirements, contact

A company may apply to the Governor in Council to be granted an exemption from any standard prescribed under the Regulations. Under section 156 of CEPA 1999, an exemption from any prescribed standard will be granted only if, in the opinion of the Governor in Council, compliance 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.

An exemption may not be granted for a model of engine if the exemption would substantially diminish the control of emissions from the engine or if the company applying for the exemption has not provided evidence that it has attempted in good faith to bring the model into conformity with all applicable prescribed standards.

Under subsection 156(4) of CEPA 1999, an exemption for financial hardship may not be granted:

• if the annual world production of vehicles or engines manufactured by the company or by the manufacturer of the model 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 by the company exceeded 1000 vehicles or engines.

Section 23 of the Regulations describes the information to be provided to the Minister when applying for an exemption and section 24 describes the label to be applied to an engine for which an exemption has been granted.