Transition engines, Engines covered by an EPA certificate, Emission-related maintenance instructions and Records

12. (1) In this section, "transition engine" means an engine that is used to power a new machine for which no current model year engine with the physical or performance characteristics necessary for the operation of the machine exists.

(2) The standards set out in section 9 do not apply to transition engines with a gross power of less than 19 kW until model year 2007.

(3) The standards for Tier 1 engines referred to in the CFR shall apply to transition engines with a gross power of 37 kW or more instead of the standards set out in section 9 until

• (a) model year 2008, in the case of a transition engine with a gross power of 450 kW or more, but less than 560 kW;
  
  
• (b) model year 2009, in the case of a transition engine with a gross power of 225 kW or more but less than 450 kW, or a gross power of 560 kW or more;
  
  
• (c) model year 2010, in the case of a transition engine with a gross power of 75 kW or more, but less than 225 kW; and
  
  
• (d) model year 2011, in the case of an engine with a gross power of less than 75 kW.

(4) In the case of a transition engine, a label shall be permanently applied immediately next to the national emissions mark or, if there is no national emissions mark, in a location described in subsection 7(3) and shall be resistant to or protected against any weather conditions.

(5) The label referred to in subsection (4) shall set out, in both official languages, that the engine is a transition engine.

13. (1) Every engine of a specific model year that is covered by an EPA certificate and that is sold concurrently in Canada and in the United States shall conform to, instead of the standards set out in sections 8 to 10, the emission standards referred to in the EPA certificate.

(2) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable to an engine referred to in subsection (1) pursuant to the EPA certificate correspond to the emission standards referred to in subsection (1).

(3) For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.

14. (1) Every company shall ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every engine or machine and that the instructions are consistent with the maintenance instructions set out in paragraph 109(a) of subpart B of the CFR for the applicable model year.

(2) The instructions shall be provided in English, French or both official languages, as requested by the purchaser.

15. In the case of an engine that is covered by an EPA certificate and that is sold concurrently in Canada and in the United States, evidence of conformity for the purposes of paragraph 153(1)(b) of the Act in respect of a company shall consist of

• (a) a copy of the EPA certificate covering the engine;
  
  
• (b) a document demonstrating that the engine covered by the EPA certificate is sold concurrently in Canada and in the United States;
  
  
• (c) a copy of the records submitted to the EPA in support of the application for the issuance of the EPA certificate in respect of the engine; and
  
  
• (d) an emission control information label that is permanently affixed in the form and location set out in section 110 , subpart B, of the CFR for the applicable model year of the engine.

16. In the case of an engine other than one referred to in section 15, evidence of conformity required under paragraph 153(1)(b) of the Act shall be obtained and produced by a company in a form and manner that is satisfactory to the Minister instead of that specified in section 15.

17. On written request by the Minister for the evidence of conformity referred to in paragraphs 15(a) to (c) or section 16, the company shall provide the Minister with the evidence of conformity in respect of any engine manufactured in the eight years preceding the request, in either official language and

• (a) within 40 days after the request is delivered to the company; or
  
  
• (b) within 60 days after the request is delivered to the company, if the evidence of conformity must be translated from a language other than French or English.