Marine spark-ignition engine regulations technical guidance: chapter 5

5 National Emissions Mark

• 5.1 Are there any conditions regarding affixing a national emissions mark to an engine, vessel or vehicle?
• 5.2 When do the provisions regarding the national emissions mark come into effect?
• 5.3 Who can affix the national emissions mark?
• 5.4 How does a company obtain the Minister's authorization to use the national emissions mark?
• 5.5 What information could satisfy the requirement of paragraph 6(1)(d) of the Regulations to show that the company is capable of verifying compliance with the standards?
• 5.6 Do imported engines, vessels or vehicles require the national emissions mark?
• 5.7 Are there any requirements regarding the size, location and manner of affixing the national emissions mark to an engine, vessel or vehicle?

Companies are only required to affix the national emissions mark to engines that are manufactured in Canada and to vessels or vehicles whose main assembly is completed in Canada, except for those engines, vessels and vehicles that are to be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing. Section 152 of CEPA 1999, combined with subsection 5(5) of the Regulations, prohibits a company from transporting engines, vessels or vehicles manufactured in Canada between provinces or territories unless the engine, vessel or vehicle has a national emissions mark applied to it.

The national emissions mark is the symbol shown in Figure 2. Section 150 of CEPA 1999 specifies that the national emissions mark is a national trademark and establishes limitations on any person's use of the mark (or the use of any other mark in such a manner that it is likely to be mistaken for a national emissions mark). Companies must obtain the Minister's authorization to use the national emissions mark.

Figure 2: The national emissions mark

5.1 Are there any conditions regarding affixing a national emissions mark to an engine, vessel or vehicle?

Yes. Subsection 153(1) of CEPA 1999 prohibits a company from affixing the national emissions mark to any engine, vessel or vehicle or selling any engine, vessel or vehicle to which the national emissions mark has been applied, unless the requirements of subsection 153(1) of CEPA 1999 and related provisions of the Regulations are met.

5.2 When do the provisions regarding the national emissions mark come into effect?

Subsections 6(1) and (2) of the Regulations, which relate to the national emissions mark, came into effect on the day that the Regulations were registered (i.e., February 4, 2011), to allow companies to apply for and be granted authorization to affix the national emissions mark before the other sections of the Regulations came into effect (i.e., April 5, 2011). Under subsection 6(3), a company that has received authorization may affix the mark to 2012 model year engines, vessels or vehicles manufactured or assembled before the day on which that section comes into force if the engine, vessel or vehicle conforms to the standards and the company meets the requirements of the Regulations in respect of that engine, vessel or vehicle.

5.3 Who can affix the national emissions mark?

Under section 151 of CEPA 1999, a company (i.e., a manufacturer, distributor or importer), who has received an authorization from the Minister, can affix the national emissions mark to vehicles, engines or equipment. See section 4 of this document for information on who is a company under CEPA 1999.

5.4 How does a company obtain the Minister's authorization to use the national emissions mark?

A company must submit an application to obtain the Minister's authorization to use the national emissions mark. The information to be included in the application is set out in subsection 6(1) of the Regulations. A company's application must be signed by a person who is authorized to act on behalf of the company.

When the Minister authorizes a company to use the national emissions mark, a company authorization number will be assigned by the Minister to the company. This company authorization number should not be confused with the engine, vessel or vehicle identification number that is required by section 8 of the Regulations and described in section 11.1 of this document.

5.5 What information could satisfy the requirement of paragraph 6(1)(d) of the Regulations to show that the company is capable of verifying compliance with the standards?

Information to show that a company is capable of verifying compliance with the regulatory standards may be presented in various forms, including but not limited to the following:

• Recent experience in obtaining EPA emission certification
  
  When applicable, a company may provide the following statement: "The company has been issued certificates of conformity by the U.S. EPA within the last five years as evidence of conformity with U.S. regulatory emission standards for engines, vessels or vehicles covered under the Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations."
  
• Technical information
  
  The company may provide technical information to show that it is capable of verifying compliance with the standards set out in the Regulations, including, but not limited to, information describing the capabilities of the emission test facilities operated by, or on behalf of, the company to produce evidence that its engines, vessels or vehicles conform to the standards set out in the Regulations. This may include evidence that the emission test facility used on behalf of the company has produced test results used in support of a successful application to the EPA for the issuance of a certificate of conformity.

The Minister will assess the information provided to determine if the company meets the requirements for being authorized to affix the national emissions mark on engines, vessels or vehicles.

5.6 Do imported engines, vessels or vehicles require the national emissions mark?

No. Subsection 153(1) of CEPA 1999 directly requires that imported engines, vessels or vehicles conform to the requirements of the Regulations as a condition for their importation into Canada. Accordingly, affixing a national emissions mark to imported engines, vessels or vehicles is not required to demonstrate such conformity. Nonetheless, a company that is authorized by the Minister to use the national emissions mark may affix the mark to engines, vessels or vehicles that are manufactured outside of Canada, provided they conform to the requirements of the Regulations.

5.7 Are there any requirements regarding the size, location and manner of affixing the national emissions mark to an engine, vessel or vehicle?

Yes. Requirements regarding the size, location and manner of affixing the national emissions mark to engines, vessels or vehicles are addressed in section 7 of the Regulations.

The national emissions mark shall be at least 7 mm in height and 10 mm in width. The company authorization number assigned by the Minister to the company (described in section 5.4 of this document) shall be in figures that are at least 2 mm in height, immediately below or to the right of the national emissions mark.

The national emissions mark shall be located on or immediately next to the EPA emission control information label, or, if there is no such label, in a visible, readily accessible location.

The national emissions mark shall be on a label that is permanently applied, is resistant to any weather condition, and bears legible and indelible inscriptions.