Submission requirements for evidence of conformity for light-duty vehicles: chapter 6

6.0 Frequently Asked Questions

6.1 Who Should I Contact if I Have Questions or Concerns?

Please contact the Testing, Fleet Management and Emissions Verification Section, Transportation Division of Environment Canada at:

Email: Emission-Verification@ec.gc.ca
Phone: 613-998-3579

6.2 If Information in This Document Conflicts with Information in the Regulations, Which Should I Follow?

This document is intended to provide guidance only. It should be used to answer common questions and to determine what is "satisfactory to the Minister" as specified in the Regulations. It does not in any way 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 the Act and/or the Regulations, the Act and the Regulations prevail.

6.3 Why Vehicles that Are Canada-unique Cannot Benefit from the Same Exemptions that Are Available Through the EPA's Administrator Discretion?

Section 19 of the Regulations requires that vehicles certified by the EPA and sold concurrently in Canada and in the United States comply with the certification and in-use emission standards referred to in the EPA certificate of conformity. In combination with subsection 153(3) of the Act, section 19 of the Regulations also provides that such vehicles are deemed to conform to the prescribed standards if the United States EPA has certified that the vehicles conforms to US standards "as applied by the agency", unless the Minister determines otherwise. This framework has been put in place to implement a fully integrated emission certification approach for vehicles that are marketed in both Canada and the US, including cases where the United States EPA's Administrator has applied discretion in the issuance of the certificate.

The Canadian Environmental Protection Act, 1999 does not give the Minister of the Environment the authority to approve deviations from conformity with prescribed regulatory requirements of the Regulations. Rather, section 156 of the Act provides for the Governor in Council to grant an exemption by order in three very specific circumstances, namely where conformity would:

1. create substantial financial hardship for the company.
2. impede the development of new features for safety, emission monitoring or emission control that are equivalent to or superior to those that conform to prescribed standards.
3. impede the development of new kinds of vehicle, engines or vehicle or engine systems or components.

Canada-unique vehicles are required to conform to the standards of the United States CFR that are incorporated by reference in section 12 of the Regulations. In view of the legislative limitations above, paragraph 1(2)(a) of the Regulations states that "Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and shall be read as excluding references to the EPA or the Administrator of the EPA exercising discretion in any way". Accordingly, the Regulations are structured in a manner that any deviations from the prescribed standards for vehicles sold only in Canada (and not the United States) must be addressed pursuant to the provisions explicitly set out for this purpose in the Act (e.g. section 156).