Submission requirements for evidence of conformity for light-duty vehicles: appendix H

Appendix H - NEM Guidance Document

Guidance on the Use of the National Emissions Mark under the On-Road Vehicle and Engine Emission Regulations (Canadian Environmental Protection Act, 1999)

NOTE

This version of the NEM Guidance Document has been sanitized to keep only the information relevant to light-duty vehicles, light-duty trucks and medium-duty passenger vehicles. The complete version can be obtained upon request.

DISCLAIMER

This document is intended to provide guidance only. It does not in anyway supersede or modify the Canadian Environmental Protection Act, 1999 or the On-Road Vehicle and Engine Emission Regulations. In the event of an inconsistency between this document and Act and/or the Regulations, the Act and the Regulations prevail. You should, therefore, refer to the Act and Regulations to determine your company's obligations and responsibilities. These texts are available on Environment Canada's CEPA Environmental Registry.

QUESTIONS AND ANSWERS

1. What is the national emissions mark?

The national emissions mark is the symbol shown in Schedule 2 of the On-Road Vehicle and Engine Emission Regulations and is reproduced below. Under the framework of Part 7, Division 5 of the Canadian Environmental Protection Act, 1999, a company that affixes the national emissions mark to a vehicle or engine effectively certifies conformance with certain requirements of the Regulations.

Section 150 of the Act 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 of the Environment's authorization to use the national emissions mark.

National Emissions Mark

2. To which vehicles and engines are companies required to apply the national emissions mark?

Companies are generally required to apply the national emissions mark to on-road vehicles and heavy-duty engines that are manufactured in Canada.

Section 152 of the Canadian Environmental Protection Act, 1999, prohibits a company from transporting prescribed vehicles or engines between provinces or territories unless the vehicle or engine has a national emissions mark applied to it. For the purposes of applying section 152 of the Act, a "company" is defined in section 149 of the Act and the scope of vehicles and engines requiring a national emissions mark is set out in subsection 6(4) of the Regulations.

3. Are there any conditions regarding applying a national emissions mark to a vehicle or engine?

Yes. Section 153 of the Canadian Environmental Protection Act, 1999 prohibits a company from applying the national emissions mark to any vehicle or engine unless a number of requirements are met, which are to be prescribed by regulations (e.g., the standards that the vehicle or engine must meet, the evidence of conformity that a company must produce, etc.) The On-Road Vehicle and Engine Emission Regulations prescribe the various requirements that must be met before a company can apply a national emissions mark to an on-road vehicle or engine.

4. If imported vehicles and engines are not required to have a national emissions mark, does that mean they are not subject to the requirements of the Regulations?

No. Section 153 of the Canadian Environmental Protection Act, 1999 prohibits a company from importing a vehicle or engine unless a number of requirements are met, which are to be prescribed by regulations (e.g., the standards that the vehicle or engine must meet, the evidence of conformity that a company must produce, etc.). The On-Road Vehicle and Engine Emission Regulations prescribe the various requirements that must be met for a company to import an on-road vehicle or engine into Canada.

5. 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 that a company must include in its application is set out in section 7 of the Regulations. A company's application must be signed by a person who is authorized to act on behalf of the company and should be sent to:

Director
Transportation Division
Energy and Transportation Directorate
Environment Canada
351 St-Joseph Blvd Gatineau, Quebec
K1A 0h3
fax: 819-953-7815

If the Minister authorizes the company to use the national emissions mark, the Minister will assign a unique identification number to the company.

6. Section 7 of the Regulations specifies that a company's application to use the national emissions mark must include information to show that the company is capable of verifying compliance with the standards set out in the Regulations. What type of information could satisfy this requirement?

Information to show that a company is capable of verifying compliance with the regulatory standards may be presented in alternative forms, including:

1) Recent experience in complying with Canadian regulatory emission standards

Where applicable, a company may provide the following statement:

"The company has applied the national safety mark to on-road vehicles within the last five years to certify conformance to Canadian vehicle emission regulatory standards".

Some aspects of the Regulations are designed to align with administrative requirements under the Motor Vehicle Safety Act. Accordingly, companies are requested to provide their authorization number assigned by the Minister of Transport to use the national safety mark.

2) Recent experience in obtaining U.S. EPA emission certification

When applicable, a company may provide the following statement:

"The company has been issued certificates of conformity by the US. EPA within the last five years as evidence of conformity with U.S. regulatory emission standards for on-road vehicles or engines."

3) Technical Information

In cases where items 1) or 2) do not apply, 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 used by, the company to produce evidence that its vehicles or engines conform to the standards set out in the Regulations.

7. Are there any requirements regarding the size, location and manner of affixing the national emissions mark to a vehicle or engine?

Yes. Requirements regarding the size, location and manner of affixing the national emissions mark to vehicles or engines are addressed in section 8 of the Regulations.

8. Is a company always required to display its identification number along with the national emissions mark?

As a general rule, the Regulations require companies to display the identification number assigned to them by the Minister either immediately below or to the right of the national emissions mark. However, a company is not required to display its identification number if the company affixes both the national emissions mark and the national safety mark (i.e., in accordance with the Motor Vehicle Safety Act) on the same label. These issues are addressed in subsections 8(5) and 8(6) of the Regulations.