Marine spark-ignition engine regulations technical guidance: chapter 4
4 Persons Affected by the Regulations
- 4.1 Who is a Canadian engine, vessel or vehicle manufacturer?
- 4.2 Who is a distributor of engines, vessels or vehicles?
- 4.3 When is an importer a company under CEPA 1999?
- 4.4 Is a dealer a companyunder CEPA 1999?
- 4.5 What are the regulatory requirements for each type of "person" affected by the Regulations?
- 4.6 How are foreign engine, vessel and vehicle manufacturers affected by the Regulations?
- 4.7 Are there special provisions for importers of small volumes of engines, vessels or vehicles?
Persons affected by the regulations are the following:
- persons who fall under the definition of "company" in CEPA1999; and
- other persons who do not fall under the definition of "company," but who import engines, vessels or vehicles (e.g., for their own use).
In section 149 of CEPA 1999, a companyis defined as a "person" who:
- is engaged in the business of manufacturing vehicles, engines or equipment in Canada;
- 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
- imports any vehicle, engine or equipment into Canada for the purpose of sale.
To highlight that "company" under CEPA 1999 means only specific types of commercial entities, the word will be italicized throughout the rest of this document.
To summarize, four different types of persons are potentially affected by the Regulations:
- a Canadian engine, vessel or vehicle manufacturer;
- a distributor of engines, vessels or vehicles manufactured in Canada;
- an importer of engines, vessels or vehicles for the purpose of sale; and
- a person who is not a company but who imports an engine, vessel or vehicle.
The regulatory requirements for each type of person are summarized in section 4.5 of this document.
4.1 Who is a Canadian engine, vessel or vehicle manufacturer?
A person engaged in the business of manufacturing vehicles, engines or equipment in Canada is a company under CEPA 1999. Under CEPA 1999, "to manufacture" includes any process of assembling or altering any vehicle or engine before its sale to the first retail purchaser. Therefore a person who modifies an engine, vessel or vehicle before it is sold, for example by adapting a gasoline-fuelled engine to run on ethanol, would be considered to be a company for the purposes of the Regulations.
Engines, vessels or vehicles manufactured in Canada that are transported between provinces or territories require a national emissions mark (see section 5).
4.2 Who is a distributor of engines, vessels or vehicles?
A person who is engaged in the business of selling to other persons, for the purpose of sale by those persons, engines, vessels or vehicles obtained directly from a Canadian engine, vessel or vehicle manufacturer or its agent, is a distributor of engines, vessels or vehicles and is a company under CEPA 1999.
Engines, vessels or vehicles manufactured in Canada that are transported between provinces or territories require a national emissions mark (see section 5). Only one national emissions mark is required per engine, vessel or vehicle.
4.3 When is an importer a company under CEPA 1999?
Under CEPA 1999, a company is a person who imports engines or vehicles into Canada for the purposes of sale. Section 3 of CEPA 1999 defines to "sell" as including to offer for sale or lease, have in possession for sale or lease, or deliver for sale or lease.
A person importing engines, vessels or vehicles for a purpose other than sale is not a company under CEPA 1999. Therefore, an individual or commercial entity importing engines, vessels or vehicles solely for their own use is not considered to be a company for the purposes of the Regulations. For example, a marina directly importing a personal watercraft to be used by its employees would not be considered a company. However, there are regulatory requirements for this category of persons, as described in section 4.5 below.
4.4 Is a dealer a company under CEPA 1999?
A dealer is a company under CEPA 1999 if it falls under the definition of company in CEPA 1999. If a dealer, for example, imports into Canada an engine, vessel or vehicle for the purpose of sale, it is a company and must meet the associated requirements for companies under the Regulations (see section 4.5 below).
4.5 What are the regulatory requirements for each type of "person" affected by the Regulations?
Table 1 provides a summary of the requirements for the four different categories of persons affected by the Regulations. When necessary, more detailed information is provided elsewhere in this guidance document as outlined below.
| Canadian Engine, Vessel or Vehicle Manufacturer | Canadian Engine, Vessel or Vehicle Distributor | Engine, Vessel or Vehicle Importer for the Purpose of Sale | Engine, Vessel or Vehicle Importer for Other Purposes | Section in CEPA 1999 or Regulations | Section in Guidance Document | |
|---|---|---|---|---|---|---|
| Companyunder CEPA 1999? |
X
|
X
|
X
|
|
s. 149 of CEPA1999 | 4 |
| Affix the national emissions mark |
X
|
X
a
|
|
|
s. 150-152 of CEPA 1999, s. 6-7 of Regulations | 5 |
| Supply engines, vessels or vehicles that comply with standards |
X
|
X
|
X
|
s. 153-154 of CEPA 1999, s. 9-32 of Regulations | 6 & 7 | |
| Maintain evidence of conformity |
X
|
X
|
X
c
|
s. 153-154 of CEPA 1999, s. 35-36 of Regulations | 9 | |
| Submit an importation declaration |
|
|
X
|
X
d
|
s. 153-154 of CEPA 1999, s. 37 of Regulations | 10 |
| Affix prescribed labels to engines, vessels or vehicles |
X
|
X
|
X
|
X
|
s. 153-154 of CEPA 1999, s. 5, 7, 8, 18, 35, 37, 41 & 42 of Regulations | 3, 9-12 |
| Provide maintenance instructions |
X
|
X
|
X
c
|
|
s. 153 of CEPA1999, s. 34 of Regulations | 11 |
| Cause notice of defect to be given, if necessary |
X
|
X
|
X
|
|
s. 157 of CEPA 1999, s. 43 of Regulations | 11 |
| Affix engine, vessel or vehicle identification number |
X
|
X
a
|
X
e
|
|
s. 153-154 of CEPA 1999, s. 8 of Regulations | 11 |
| Affix engine, vessel or vehicle identification number |
X
|
X
|
X
|
|
s. 162 of CEPA 1999, s. 33 of Regulations | 8 |
a Unless already affixed by the manufacturer.
b The presence of the prescribed label on the engine, vessel or vehicle is considered to be evidence that the engine, vessel or vehicle conforms to the prescribed emission standards when it is imported by a person for purposes other than sale.
c The company may arrange with the engine, vessel or vehicle manufacturer that certain required information be provided by the engine, vessel or vehicle manufacturer on behalf of the company.
d A person who is not a company under CEPA 1999, and who imports at most 10 of any combination of engines, vessels and vehicles, is not required to submit an importation declaration.
e Unless already affixed by the manufacturer or distributor.
4.6 How are foreign engine, vessel and vehicle manufacturers affected by the Regulations?
Engines, vessels or vehicles produced by foreign manufacturers and imported into Canada must conform to the Regulations.
A foreign manufacturer at a location outside of Canada is not considered to be a company under CEPA 1999 unless it engages, in Canada, in one of the activities under the definition of company outlined above. Where a foreign manufacturer does not meet the definition of company, the responsibility for complying with the applicable provisions of the Regulations and CEPA 1999 is with the person in Canada who imports the foreign-manufactured engine, vessel or vehicle and not with the foreign manufacturer. In the event of a contravention of a provision of the Regulations or CEPA 1999 in respect of an imported engine, vessel or vehicle, the person in Canada who imports the engine, vessel or vehicle may be subject to enforcement measures under CEPA 1999.
Importers may require the assistance of a foreign engine, vessel or vehicle manufacturer to demonstrate compliance with the Regulations. In particular, the assistance of foreign engine, vessel or vehicle manufacturers may be required to ensure that engines, vessels or vehicles imported into Canada meet the prescribed standards and to provide evidence of conformity to that effect. These requirements are described in sections 6 and 9 of this document.
4.7 Are there special provisions for importers of small volumes of engines, vessels or vehicles?
Yes. As specified in subsection 33(4) of the Regulations, a company that imports less than 100 marine engines or off-road recreational vehicles of a particular model year may submit a simplified end of model year report. If all of those engines, vessels and vehicles that the company imports are covered by an EPA certificate of conformity and are sold concurrently in Canada and the United States, the company is not required to include the information set out in paragraphs 33(3)(b) and (c) that is otherwise ordinarily required in its end of model year report (see section 8 and Appendix B of this document for end of model year report requirements).
Also, as specified in subsection 37(2) of the Regulations, a person who is not a company, and who imports at most 10 of any combination of engines, vessels and vehicles in a calendar year, is not required to make the declaration to the Minister otherwise required when an engine, vessel or vehicle is imported (see section 10 of this document for importation requirements).