(1) Subject to subsection (2), the off-road engines that are prescribed for the purposes of the definition "engine" in section 149 of the Act are those that operate as reciprocating, internal combustion engines, other than those that operate under characteristics significantly similar to the theoretical Otto combustion cycle and that use a spark plug or other sparking device.
(2) The engines referred to in subsection (1) do not include engines that:
- are designed exclusively for competition and with features that are not easily removed and characteristics that render their use other than in competition unsafe, impractical or unlikely;
- are regulated by the On-Road Vehicle and Engine Emission Regulations;
- are designed to be used exclusively in underground mines;
- have a per-cylinder displacement of less than 50 cubic centimetres;
- are designed to be used in military machines designed for use in combat or combat support;
- are being exported and are accompanied by a written statement establishing that they will not be sold or used in Canada; or
- are designed to be used in a vessel and for which the fuel, cooling and exhaust systems are integral parts of the vessel.
(3) For the purpose of section 152 of the Act, the prescribed engines are those referred to in subsection (1) that are manufactured in Canada, except any engine that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.
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