Marine spark-ignition engine regulations technical guidance: chapter 3

3 Engines, Vessels and Vehicles Subject to the Regulations

• 3.1 What is a marine spark-ignition engine?
• 3.2 What is a vessel?
• 3.3 What is an off-road recreational vehicle?
• 3.4 Which categories of engines, vessels and vehicles are not subject to the Regulations?
• 3.5 Do all marine spark-ignition engines, vessels and off-road recreational vehicles that are subject to the Regulations have to conform to all provisions of the Regulations?
• 3.6 When do the Regulations come into force?
• 3.7 What is a model year?

The Regulations prescribe emission-related standards for the different classes of marine spark-ignition engines, vessels and off-road recreational vehicles, and stipulate the requirements respecting conformity of these products with the Regulations.

The Regulations apply to engines, vessels and vehicles manufactured in Canada that are "transported within Canada" (i.e., transported between provinces and territories) and to engines, vessels and vehicles imported into Canada. They also apply to companies in the business of manufacturing, distributing or importing these engines, vessels and vehicles for sale in Canada, and to persons who import these engines, vessels and vehicles for their own use.

Section 3.4 of this document identifies the categories of engines, vessels and vehicles that are not subject to these Regulations.

3.1 What is a marine spark-ignition engine?

Outboards, inboard engines, and personal watercraft engines are classes of marine spark-ignition engines prescribed under subsection 5(1) of the Regulations. These engines are used or are capable of being used to propel a vessel. Marine spark-ignition engines operate under characteristics significantly similar to the theoretical Otto combustion cycle and use a spark plug or other sparking device.

The following terms are also useful in defining a marine spark-ignition engine:

• "Outboard" means an assembly of a spark-ignition engine and drive unit used to propel a vessel from a properly mounted position external to the hull of the vessel. An outboard drive unit is partially submerged during operation and can be tilted out of the water when not in use.¹
• "Personal watercraft" means a vessel with an enclosed hull of less than 4 m in length that uses an internal combustion engine powering a water-jet pump as its primary source of propulsion and that is designed to be used by one or more persons while sitting, standing or kneeling.
• "Inboard engine," in relation to a vessel, includes a stern drive (also known as an inboard/outboard engine) and a jet boat engine, but does not include a personal watercraft engine.
• "Conventional inboard engine" means an inboard that is rated at 373 kW at most.
• "High-performance inboard engine" means an inboard engine that is rated at more than 373 kW and has design features to enhance power output, such that the expected operating time until rebuild is less than 480 hours.
• "Jet boat" means a vessel in which an internal combustion engine is installed that powers a water jet pump as the vessel's primary source of propulsion, and is designed with an open area for carrying passengers.

3.2 What is a vessel?

Section 149 of CEPA 1999 defines a vessel as being a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water. Subsection 5(2) of the Regulations further specifies that the vessels subject to the Regulations are those in which a fuel line or fuel tank is installed and that are designed to be propelled by an outboard, inboard engine or personal watercraft engine.

3.3 What is an off-road recreational vehicle?

Off-road recreational vehicles consist of four classes of vehicles² as described in subsection 5(3) of the Regulations: off-road motorcycles, snowmobiles, all-terrain vehicles (ATVs) and utility vehicles (UVs).

• "Off-road motorcycle" means a two-wheeled vehicle that is equipped with a seat.
• "Snowmobile" means a vehicle, including a vehicle that can be converted into a snowmobile, that has a maximum width of 1.5 m and is designed primarily for travel on snow.
• "All-terrain vehicle" means a land-based or amphibious vehicle, other than a utility vehicle, that
  1. is designed to travel on three or four low-pressure tires, is equipped with a seat designed to be straddled and with handlebars for steering, and is designed to be used by a single operator and no passengers; or
  2. has three or more wheels and one or more seats, is designed for operation over rough terrain, is designed for transportation, and has a maximum vehicle speed of at least 40 km/h.
• "Utility vehicle" means a vehicle that is designed for operation over rough terrain and that
  1. has at least four wheels and seating for at least two persons;
  2. has an engine displacement of at most 1000 cm³, a maximum engine brake power of at most 30 kW, and a maximum vehicle speed of at least 40 km/h; and
  3. has either a rear payload of at least 159 kilograms (kg) or seating for at least six passengers.

3.4 Which categories of engines, vessels and vehicles are not subject to the Regulations?

As specified in subsection 5(4) of the Regulations, the engines, vessels and vehicles that are not subject to the Regulations are those that:

• are marine engines that are designed exclusively for competition and that bear a label that indicates that the engine is a competition engine. A marine engine "designed exclusively for competition" must:
  • have performance characteristics that are substantially superior to non-competitive engines, and
  • not be displayed for sale in any public dealership or otherwise offered for sale to the general public.
• are vessels in which a competition marine engine is installed;
• are off-road motorcycles that are designed exclusively for competition, bear a label referred to in paragraph (a) of the definition of "competition vehicle" under subsection 2(1) of the Motor Vehicle Safety Regulations, or a label that indicates that they are competition off-road motorcycles. An off-road motorcycle that is "designed exclusively for competition" must meet at least four of the following characteristics:
  • no headlight or other lights;
  • no spark arrestor;
  • no manufacturer's warranty;
  • suspension travel that is greater than 25.4 cm;
  • engine displacement that is greater than 50 cm³;
  • seat surface area that is less than 195 cm².
• are snowmobiles and all-terrain vehicles that are designed exclusively for competition, bear a label referred to in paragraph (a) of the definition of "competition vehicle" under subsection 2(1) of the Motor Vehicle Safety Regulations, or a label that indicates that they are competition snowmobiles or all-terrain vehicles. A snowmobile or all-terrain vehicle that is "designed exclusively for competition" is one that has performance characteristics that are substantially superior to non-competitive models and that is not covered by a manufacturer's warranty;
• are engines or vehicles regulated by the On-Road Vehicle and Engine Emission Regulations;
• are vehicles or vessels that are propelled by power generated solely by one or more electric motors;
• are vehicles that have one or more compression-ignition engines for propulsion;
• are vehicles or vessels (and engines of vessels) that are designed exclusively for use in combat or combat support during military activities, including reconnaissance missions, rescue missions and training missions;
• are engines, vessels or vehicles being exported and that are accompanied by written evidence that establishes that they will not be sold or used in Canada; and
• are engines, of a vessel, that use natural gas as fuel and are rated at 250 kW or more.

3.5 Do all marine spark-ignition engines, vessels and off-road recreational vehicles that are subject to the Regulations have to conform to all provisions of the Regulations?

No. The engines, vessels and vehicles listed below must conform only to certain provisions of the Regulations. Additional details on these special provisions are given, as noted, in section 12 of this document:

• engines, vessels and vehicles that are imported into Canada solely for purposes of exhibition, demonstration, evaluation or testing (see section 12.1);
• engines, vessels and vehicles that are in transit through Canada, from a place outside Canada to another place outside Canada (see section 12.2);
• engines, vessels and vehicles that are being imported exclusively for use by a visitor to Canada or by a person passing through Canada to another country (see section 12.3);
• engines, vessels and vehicles that do not meet the requirements of the Regulations at importation or when leaving a factory but that will meet these requirements before they leave the possession or control of the company, such as incomplete engines, vessels or vehicles (see section 12.4);
• replacement marine engines, as this term is defined in subsection 18(1) of the Regulations (see section 12.5); and
• engines, vessels and vehicles for which the Governor-in-Council has granted an exemption (see section 12.6).

All other engines, vessels and vehicles must conform to all applicable provisions of the Regulations.

3.6 When do the Regulations come into force?

The Regulations came into force on April 5, 2011, except for the sections related to the national emissions mark, which came into force on February 4, 2011. Additional details on the national emissions mark are provided in section 5 of this document. Additional details on when various emission standards begin to apply for the different classes of engines, vessels, and vehicles are provided in section 6.12. Emission standards that start to apply to engines and vehicles in the 2012 model year apply only to those engines that are manufactured, and vehicles that have their main assembly completed, on or after April 5, 2011.

3.7 What is a model year?

Model year is the year designated by a manufacturer of a marine engine, vessel or off-road recreational vehicle.

If the period of production of a model of engine, vessel or vehicle does not include January 1 of a calendar year, the model year corresponds to the calendar year during which the period of production falls, or corresponds to the calendar year immediately following the calendar year during which the period of production falls.

If the period of production of a model of marine engine, vessel or off-road recreational vehicle includes January 1 of a calendar year, the model year corresponds to that calendar year.

The model year can span a period of up to two calendar years less one day, but can only include one January 1. For example, a model of snowmobile that is manufactured between August 1 and November 1, 2012, could be designated as 2012 or 2013 model year. A model of snowmobile manufactured between August 1, 2012 and January 15, 2013, would be designated as 2013 model year.

¹ The definition of outboard engine is from section 801 of CFR 1045.

² CEPA 1999 defines "vehicle" as any prescribed self-propelled vehicle, but does not include

• (a) an aircraft as defined in subsection 3(1) of the Aeronautics Act;
• (b) rolling stock as defined in section 6 of the Canada Transportation Act;
• (c) or a vessel that is fitted, for the purpose of propulsion, with a marine compression-ignition engine that is rated at 37 kW or more.