Submission requirements for evidence of conformity for light-duty vehicles: chapter 3
3.0 Background on Evidence of Conformity
According to subsection 153(1) of CEPA 1999, vehicles must conform to standards prescribed by regulation, and evidence of conformity with those standards must be "obtained and produced in the prescribed form and manner or, if the regulations so provide, in a form and manner satisfactory to the Minister" (paragraph 153(1)(b)). Sections 35 and 36 of the Regulations specify the form and manner requirements for evidence of conformity. Figure 1 illustrates how to determine whether a vehicle falls under section 35 or section 36 of the Regulations.
Figure 1. Determination of evidence of conformity to the On-Road Vehicle and Engine Emission Regulations
3.1 Vehicles Covered by an EPA Certificate and Sold Concurrently in Canada and in the United States (Section 35)
Section 35 of the Regulations identifies the evidence of conformity required for a vehicle that is covered by a valid EPA certificate3 and sold concurrently in Canada and in the United States.
3.1.1 Covered by an EPA Certificate
- Covered
For the purpose of the Regulations, a vehicle is considered covered by an EPA certificate if it is specifically listed on a valid EPA certificate. "Vehicle specifically listed" is defined in section 2.0 of this document and means: a vehicle which make and model is listed on a valid EPA certificate, and which is in a configuration permitted by the EPA certificate. - Deemed to be covered
In accordance with section 4 of the Regulations, a vehicle not specifically covered by an EPA certificate is deemed to be covered by an EPA certificate if:
- it is equivalent to a vehicle that is covered by a valid EPA certificate in that both vehicles share all the features described in the CFR4that are used by the EPA to classify vehicles into test groups and evaporative and refuelling families; and
- it has no features that could cause it to have a higher level of emissions than the vehicles tested for the issuance of the EPA certificate.
3.1.2 Sold Concurrently
According to section 2.0 of this document, a vehicle sold in Canada is considered to be a vehicle that is sold concurrently when at least one equivalent vehicle of the same model year is sold in the United States during the model year specified on the EPA certificate. If required to demonstrate that the vehicle is sold concurrently in Canada and in the United States, the company has to provide a document demonstrating concurrent sale.
3.2 Canada-unique Vehicles (Section 36)
Section 36 of the Regulations identifies the evidence of conformity required for a Canada-unique vehicle. The term "Canada-unique" is not used or defined in the Regulations, but it is used throughout this document to identify a vehicle for which evidence of conformity must be submitted as per section 36 of the Regulations. Generally, all vehicles that do not meet the criteria set out in section 35 of the Regulations fall under section 36 and are called "Canada-unique". For convenience throughout this document, the Canada-unique vehicles are characterized as types 1, 2, or 3. These labels facilitate the determination of timelines and information requirements in other sections of this document.
Type 1 - Specifically listed on an EPA certificate, and sold in Canada but not in the United States
The vehicle is specifically listed on a valid certificate issued by the EPA, but it (or an equivalent vehicle) is not sold concurrently in the United States. Evidence of conformity has to be submitted to Environment Canada as per section 36 of the Regulations because the vehicle is not sold concurrently in the two countries.
Type 2 - Not specifically listed on an EPA certificate, but deemed to be covered by an EPA certificate, and sold in Canada but not in the United States
The vehicle is not specifically listed on a valid EPAcertificate, but it has been deemed to be covered by an EPA certificate as described in section 3.1.1, above. The vehicle (or an equivalent vehicle) is not sold concurrently in the United States. Evidence of conformity has to be submitted to Environment Canada as per section 36 of the Regulations, because the vehicle is not sold concurrently in the two countries.
Type 3 - Neither specifically listed nor deemed covered by an EPAcertificate, and sold in Canada but not in the United States
Evidence of conformity to the Regulations must be submitted to Environment Canada as per section 36, because there is no EPA certificate for that vehicle for that model year, the vehicle is not deemed to be covered by an EPA certificate, and the vehicle is not sold concurrently in the two countries.
The requirements for submitting evidence of conformity to the Regulations are stated in sections 36 and 36.1:
36.(1) For the purpose of paragraph 153(1)(b) of the Act, a company shall obtain and produce evidence of conformity for a vehicle other than one referred to in section 35 in a form and manner satisfactory to the Minister instead of as specified in that section.
(2) For greater certainty, a company shall submit the evidence of conformity to the Minister before importing a vehicle or applying a national emissions mark to it.
36.1 For greater certainty, a company that imports a vehicle or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the evidence of conformity referred to in subsection 36(1) to the Minister before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) before the vehicle leaves the possession or control of the company and before it is presented for registration under the laws of a province or an aboriginal government."
3 An example of an EPAcertificate has been included in Appendix B
4 Those features are currently described in sections. 86.1821 and 86.1827 of the CFR
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