(1) The following definitions apply in these Regulations.

"Act" means the Canadian Environmental Protection Act, 1999. (Loi)

"CFR" means Title 40, chapter I, subchapter C, part 89, of the Code of Federal Regulations of the United States as amended from time to time. (CFR)

"element of design" means, in respect of an engine,

  1. any control system, including computer software, electronic control systems and computer logic;
  2. any control system calibrations;
  3. the results of systems interaction; or
  4. any hardware items. (élément de conception)

"emission control system" means any device, system or element of design that controls or reduces the exhaust emissions from an engine. (système antipollution)

"engine" means an off-road engine that is prescribed under subsection 5(1). (moteur)

"EPA" means the United States Environmental Protection Agency. (EPA)

"EPA certificate" means a certificate of conformity to United States federal standards issued by the EPA. (certificat de l'EPA)

"exhaust emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine. (émissions de gaz d'échappement)

"machine" means anything, including a vehicle, device, appliance or implement, powered by an engine. (machine)

"model year" means the year, as determined under section 4, that is used by a manufacturer to designate a model of engine. (année de modèle)

"off-road engine" means an engine, within the meaning of section 149 of the Act,

  1. that is used or designed to be used by itself and that is designed to be or is capable of being carried or moved from one location to another; or
  2. that is used or designed to be used

    1. in or on a machine that is designed to be or is capable of being carried or moved from one location to another,
    2. in or on a machine that is self-propelled,
    3. in or on a machine that serves a dual purpose by both propelling itself and performing another function, or
    4. in or on a machine that is designed to be propelled while performing its function. (moteur hors route)

(2) Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and shall be read as excluding

  1. references to the EPA or the Administrator of the EPA exercising discretion in any way;
  2. alternative standards related to the averaging, banking and trading of emission credits, to small volume manufacturers or to financial hardship; and
  3. standards or evidence of conformity of any jurisdiction or authority other than the EPA.

(3) For the purposes of these Regulations, a reference in the CFR to

  1. "nonroad vehicle" and "nonroad equipment" shall be read as "machine";
  2. "nonroad engine" shall be read as "engine"; and
  3. "Tier" shall be read as "groupe" in the French version of these Regulations.

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