Marine spark-ignition engine regulations technical guidance: chapter 2

2 Regulatory Framework

• 2.1 What is the Canadian Environmental Protection Act, 1999 (CEPA 1999)?
• 2.2 What is the CEPA Environmental Registry?
• 2.3 What is the Code of Federal Regulations?
• 2.4 Are the Regulations identical to the EPA rules?
• 2.5 Certain provisions of the Regulations state that information can be requested by or sent to the Minister. Who is the Minister?

The Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations establish, under the authority of CEPA 1999, Canadian emission standards aligned with those of the United States Environmental Protection Agency (EPA) for marine spark-ignition engines, vessels and off-road recreational vehicles.

The text of the Regulations can be retrieved from the CEPA Environmental Registry.

2.1 What is the Canadian Environmental Protection Act, 1999 (CEPA 1999)?

CEPA 1999, "an Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development," is Canada's principal piece of federal environmental protection legislation. Part 7, Division 5, contains the legislative authority for making regulations respecting vehicle, engine and equipment emissions. The text of CEPA 1999 can be retrieved at Department of Justice or CEPA Environmental Registry.

2.2 What is the CEPA Environmental Registry?

The CEPA Environmental Registry is a comprehensive source of public information relating to activities under CEPA 1999. In addition to providing up-to-date copies of current CEPA 1999 instruments (e.g., regulations, voluntary agreements), the Registry encourages and supports public participation in environmental decision making, by facilitating access to documents arising from the administration of CEPA 1999.

2.3 What is the Code of Federal Regulations?

The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published by the U.S. federal government. In this guidance document, "CFR" refers to the following parts under Title 40, "Protection of Environment":

• Part 1045 "Control of Emissions from Spark-Ignition Propulsion Marine Engines and Vessels"
• Part 1051 "Control of Emissions from Recreational Engines and Vehicles"
• Part 1060 "Control of Evaporative Emissions from New and In-use Nonroad and Stationary Equipment"
• Part 1068 "General Compliance Provisions for Engine Programs"

The text of the CFR can be retrieved at Electronic Code of Federal Regulations.

The Regulations incorporate portions of the CFR by reference, including any subsequent amendments made by the EPA, in order to align the engine, vessel and vehicle emission standards of the two countries. Subsection 1(2) of the Regulations states that incorporation by reference to the CFR shall be read as excluding:

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

2.4 Are the Regulations identical to the EPA rules?

No. While the overall mandates of Environment Canada and the EPA are quite similar, there are differences in how their environmental protection regulations are developed and enforced. The Regulations were developed to align Canadian emission standards with those of the EPA. Ancillary provisions are as similar as possible, considering the different regulatory frameworks in Canada and the U.S.

2.5 Certain provisions of the Regulations state that information can be requested by or sent to the Minister. Who is the Minister?

The "Minister" is the federal Minister of the Environment. Where the Regulations require information to be submitted to the Minister, unless otherwise directed, it should be sent to:

Director, Transportation Division
Energy and Transportation Directorate
Environment Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec K1A 0H3
fax: 819-953-7815
phone: 819-994-3706
email: VehicleandEngineInfo@ec.gc.ca

An official of Environment Canada may also make a request for information, under CEPA 1999 or the Regulations, on behalf of the Minister. The request will indicate if the information is to be sent to the Minister or to the official whose name appears on the notice.