Guidance document on Off-Road Compression-Ignition Engine Emission Regulations: chapter 4

D. Persons subject to the regulations

D.1 Introduction to persons affected by the regulations

Generally, four different types of persons could be subject to the regulations:

1. an importer of engines or machines for the purpose of sale (a company under the act)
2. a person who is not a company importing an engine or machine
3. a Canadian engine or machine manufacturer
4. a distributor of Canadian engines or machines containing Canadian engines

D.2 What is a company?

In section 149 of the act, a company is defined as a “person” who:

1. is engaged in the business of manufacturing vehicles, engines or equipment in Canada
2. 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
3. imports any vehicle, engine or equipment into Canada for the purpose of sale (this includes importing equipment to lease)

Note that if you are not a company, then you are a person under the act.

D.3 Who is a Canadian engine manufacturer?

A Canadian engine manufacturer is a person or companyin Canada who, before the sale of the engine to the first retail purchaser:

1. modifies equipment on the engine (for example, by adding or modifying the emission control system)
2. manufactures an engine from parts
3. modifies an engine (for example, adapts a diesel engine to run on natural gas)

As a Canadian engine manufacturer, you may need to apply the national emissions mark to your engines. See section E on the national emissions mark.

D.4 How is a distributor of Canadian engines defined?

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 the act.

Engines manufactured in Canada that are transported between provinces or territories may require a national emissions mark (see section E). Only one national emissions mark is required per engine.

D.5 What are the regulatory requirements for each type of “person” affected by the regulations?

Table 1 provides a summary of the responsibilities for the four different types of persons who have obligations under the Regulations. When necessary, more detailed information is provided elsewhere in this guidance document as outlined below.

Note that the regulatory requirements differ depending on the final application of the engine. For example, in the case of a company that imports engines or machines for the purpose of sale, the requirements are different from a person importing for personal use.

Table 1 notes:

1. the presence of the prescribed label on the engine is considered to be evidence that the engine conforms to the prescribed emission standards when it is imported by a person for purposes other than sale (for personal use)
2. the company may arrange with the engine or machine manufacturer that certain required information be provided by the engine or machine manufacturer on behalf of the company
3. this requirement does not apply to a person who is not a company and who imports five engines or less per calendar year

D.6 How are foreign engine manufacturers affected by the regulations?

Engines produced by foreign manufacturers and imported into Canada must conform to the act 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 F and G.

A foreign entity at a location outside of Canada is not considered to be a company under the act unless it engages, in Canada, in one of the activities under the definition of company outlined in D.2. In the case of engines manufactured outside of Canada, the responsibility for complying with the applicable provisions of the regulations and the act is with the person or company in Canada who imports^Footnote4 the engine and not with the foreign entity. In the event of a violation of a provision of the act or regulations in respect of an imported engine, the person or company, in Canada, who imports the engine, would be subject to the enforcement provisions of the act.