Records

• Evidence of Conformity
• Fleet Average Records
• Maintenance and Submission of Records

Evidence of conformity

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

1. a copy of the EPA certificate covering the vehicle;
2. a document demonstrating that vehicles covered by the EPA certificate are sold concurrently in Canada and the United States;
3. 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 vehicle; and
4. a U.S. emission control information label that is permanently affixed to the vehicle in the form and location set out in section 1807 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the applicable model year.

U.S. control information label

(2) For the purpose of subsection (1), the U.S. emission control information label may be permanently affixed to the vehicle in any other form and location that may be specified in Title 40, chapter I, subchapter C, part 86 of the CFR.

Vehicles not sold in the United States

30. (1) For the purpose of paragraph 153(1)(b) of the Act, a company must obtain and produce evidence of conformity for a vehicle other than one referred to in subsection 29(1) in a form and manner satisfactory to the Minister, instead of as specified in that subsection.

Time of submission

(2) For greater certainty, a company must submit the evidence of conformity to the Minister before importing a vehicle or applying a national emissions mark to it.

Subsection 153(2) of the Act

31. 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 Minister with the evidence of conformity referred to in subsection 30(1) before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) of the Act 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.

Fleet average records

32. (1) A company must maintain records containing the following information for each of its fleets:

1. the model year;
2. the applicable fleet average CO₂ equivalent emission standard;
3. the fleet average CO₂ equivalent emission value; and
4. all the values and data used in calculating the fleet average CO₂ equivalent emission values.

Information

(2) A company must maintain records containing the following information for each vehicle in the fleet referred to in subsection (1):

1. the model type and model year;
2. the applicable fleet average CO₂ equivalent emission standard;
3. in the case of a vehicle covered by an EPA certificate, the applicable test group described in subpart S of Title 40, chapter I, subchapter C, part 86, of the CFR;
4. the name and street address of the plant where the vehicle was assembled;
5. the vehicle identification number;
6. the applicable carbon-related exhaust emission value; and
7. the name and street or mailing address of the first purchaser of the vehicle in Canada.

Maintenance of records

33. (1) A company must maintain, for vehicles of each model year, in writing or in a readily readable electronic or optical form, for a period of at least

1. eight years after the end of the calendar year that corresponds to the model year in question, a copy of the reports referred to in sections 25 to 27;
2. eight years after the date on which the main assembly of the vehicle was completed, the evidence of conformity referred to in section 29; and
3. eight years after the end of the calendar year that corresponds to the model year in question, the records referred to in section 32.

Records maintained on behalf of a company

(2) If the evidence of conformity, the records and a copy of the reports referred to in subsection (1) are maintained on behalf of a company, the company must keep a record of the name and street address and, if different, the mailing address of the person who maintains those records.

Written request for records

(3) If the Minister makes a written request for the evidence of conformity or the records referred to in subsections (1) and (2), or a summary of any of them, the company must provide the Minister with the requested information, in either official language, within

1. 40 days after the request is delivered to the company; or
2. if the evidence of conformity or records referred to in section 29 or 30 must be translated from a language other than French or English, 60 days after the request is delivered to the company.