Submission requirements for evidence of conformity for light-duty vehicles: chapter 4


4.0 Submission of Evidence of Conformity: Required Documentation and Timing

When a company submits evidence of conformity to Environment Canada, the company is responsible for identifying which information in the submission is confidential. That information will be dealt with in accordance with the Access to Information Act and the Privacy Act.

4.1 When the Vehicle Falls Under Section 35

When a vehicle falls under section 35 of the Regulations, the required information is to be submitted upon written request from Environment Canada. It need not be submitted before the vehicle leaves the control of the company or before the vehicle is presented for registration. This information should be maintained and provided in accordance with section 38 of the Regulations. The following are the documentation requirements of section 35 of the Regulations:

35. (1) In the case of a vehicle that is covered by an EPA certificate and that is sold concurrently in Canada and in the United States, evidence of conformity for the purpose 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 vehicle;
  • (b) a document demonstrating that vehicles covered by the EPA certificate are 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 vehicle; and
  • (d) a U.S. emission control information label, that is permanently affixed to the vehicle in the form and location set out in
    • (i) section 1807, subpart S, of the CFR, for the applicable model year of light-duty vehicle, light-duty truck, medium duty passenger vehicle or complete heavy-duty vehicle…

(2) For the purpose of subsection (1), the U.S. emission control information label may be affixed to the vehicle in any other form and location that may be specified in the CFR.

4.1.1 If the Vehicle is Specifically Listed on a Valid EPA Certificate

If the vehicle is specifically listed on a valid EPA certificate (and is sold concurrently in Canada and the in the United States), it automatically falls under section 35 of the Regulations, and the information listed in that section must be submitted only upon written request from Environment Canada.

4.1.2 If the Vehicle Is to Be Deemed Covered

If the vehicle is not specifically listed on a valid EPA certificate, and the company wishes to demonstrate that the vehicle should be considered deemed covered by an EPA certificate under section 4 of the Regulations, the company needs to provide the information:

  • A table comparing all of the information listed in sections 86.1821 and 86.1827 of the CFR regarding the classification of vehicles into test groups and evaporative and refuelling families for both the vehicles covered by the valid EPA certificate, and the vehicle that the company wants to be considered deemed covered by the same certificate. A few examples of such table are provided in Appendix C.
  • A statement of compliance letter including a written declaration that this vehicle "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". To support this assertion, the company should include statements or data used to make that determination. Examples of such statements can be found in Appendix C.
  • A copy of the valid EPA certificate of the vehicle that is certified in the United States and that is used to establish the "deemed covered" designation.

This information must be submitted 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.

If the information submitted meets the criteria of section 4 of the Regulations (the three points presented above) and if the vehicle is sold concurrently, the vehicle would thereafter be considered to fall under section 35 of the Regulations and it would not be necessary to submit evidence of conformity upfront under section 36 (Canada-unique). However, like other section 35 vehicles, the evidence of conformity has to be submitted upon written request from Environment Canada.

The evidence of conformity requirements and the submission timelines for section 35 vehicles are summarized in Table 1.

Table 1. Types of section 35 vehicles, the required evidence of conformity, and submission timelines
Type What to submit When to submit
Specifically listed on an EPA certificate (section 19 and 35)

Information required under section 35:

  • A copy of the EPA certificate
  • A document demonstrating that the vehicle is sold concurrently in Canada and in the United States
  • The information that was sent to the EPA to obtain the certificate
  • Vehicle Emissions Control Information label
  • Upon request from Environment Canada
Deemed covered (section 4)
  • A comparison table of information listed in CFR sections 86.1821 and 86.1827 for both the vehicles covered by the valid EPA certificate and the vehicle the company wants deemed covered by the same certificate
  • A statement of compliance letter including a written declaration that this vehicle 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
  • A copy of the valid EPA certificate under which the vehicle is deemed covered
  • Before the vehicle leaves the control of the company; or
  • Before the vehicle is presented for registration
 
  • The information listed in section 35
  • Later, if requested by Environment Canada

 

4.2 When the Vehicle Falls Under Section 36 (Canada-unique)

Since the Regulations are aligned with those of the United States, the general intent is to enable companies to establish compliance by submitting information similar to that which is provided to obtain and maintain an EPA certificate and required under paragraph 35(1)(c) of the Regulations. The following paragraphs summarize the information that shall be obtained and produced "in a form and manner satisfactory to the Minister". It should be noted that this list may change from time to time to respond to evolving testing and information requirements for different types of vehicles, and to stay aligned with the requirements in the United States.

A separate submission is required for each test group. In cases where evidence of conformity for more than one test group is being presented, identical information pertaining to multiple test group may be catalogued in a "common section" in a fashion similar to that which the EPA allows. More information on the common section can be found in section 2.0 and in Appendix A of this document.

As stated in sections 36 and 36.1 of the Regulations, evidence of conformity to the Regulations must be presented before the vehicle leaves the possession or control of the company or before it is presented for registration under the laws of a province or an aboriginal government.

Appendix D illustrates the procedure to provide evidence of conformity "in a form and manner satisfactory to the Minister" for the vehicles referred to in section 36 of the Regulations.

The information that needs to be submitted before the vehicle leaves the control of the company or before the vehicle is presented for registration varies according to the type of Canada-unique vehicle under consideration, as shown in table 2:

Table 2. Types of section 36 vehicles, the required evidence of conformity, and submission timelines
Type What to submit When to submit
Type 1 - Specifically listed on an EPA certificate and sold in Canada but not in the United States
  • A copy of the valid EPA certificate that shows that the make and model are specifically listed on an EPA certificate5
  • A statement of compliance letter
  • Before the vehicle leaves the control of the company; or
  • Before the vehicle is presented for registration
  • The information listed under a Type 3 vehicle
  • Later, if requested by Environment Canad
Type 2 - Deemed covered by an EPA certificate and sold in Canada but not in the United States
  • A table comparing the information listed in CFR sections 86.1821 and 86.1827 for both the vehicle covered by the valid EPA certificate and the vehicle that the company wants deemed covered by the same certificate
  • A statement of compliance letter including a written declaration that this vehicle 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
  • A copy of the valid EPA certificate under which the vehicle is deemed covered
  • Before the vehicle leaves the control of the company; or
  • Before the vehicle is presented for registration
  • The information listed under a Type 3 vehicle
  • Later, if requested by Environment Canada
Type 3 - Neither specifically listed nor deemed covered by an EPA certificate and sold in Canada but not in the United States
  • Information equivalent to what must be submitted to the EPA to obtain a certificate is required, as described in subsections 4.2 of this document: technical information, vehicle emissions control information label, statement of compliance letter
  • Before the vehicle leaves the control of the company; or
  • Before the vehicle is presented for registration

It should be noted that the information requirements that are listed above reflect what information is in a form and manner satisfactory to the Minister. This information should be presented before the vehicle leaves the possession or control of the company or before it is presented for registration. All the information that is listed for a type 3 could be later requested by Environment Canada for types 1 and 2.

4.2.1 Statement of Compliance Letter

A submission of evidence of conformity to the Regulations for Canada-unique vehicles must contain an original signed letter from an authorized representative of the company that offers for sale or intends to import the subject vehicles in Canada. An example of a statement of compliance letter is provided in Appendix E.

The letter must include as a minimum:

  • The identification of the vehicle (e.g. make, model, model year, test group);
  • An unconditional statement of compliance with the applicable exhaust emission and evaporative emission standards (e.g. Tier 2 Bin 5) of the On-Road Vehicle and Engine Emission Regulations made under the Canadian Environmental Protection Act, 1999
  • A statement acknowledging that the signatory is authorized to act on behalf of the company
  • A request for an acknowledgment by Environment Canada that the evidence of conformity submitted has been obtained and produced in a form and manner satisfactory to the Minister

The following additional information may be included:

  • The identity of persons/entities (both inside or outside of the company) that Environment Canada may contact regarding the submission (e.g. technical contacts for importers);
  • Indicate whether some information is to be treated as confidential;
  • Any other information believed to be relevant.

4.2.2 Technical Information

The technical information required is equivalent to that specified in paragraph 35(1) (c) of the Regulations. The list of technical information that Environment Canada requires can be found in Appendix F. It is based on information that is submitted to the EPA for the purpose of certification in a Part 1 as defined in subsection 86.1844 of the CFR.

4.2.3 Sample Vehicle Emissions Control Information (VECI) Label

A sample drawing or copy of the vehicle emission control information label must be included in the submission of evidence of conformity.

The vehicle emission control information label can be provided in English or in French and should meet the specifications provided in subparagraph 35(1)(d)(i) of the Regulations which incorporates by reference section 86.1807 of the CFR. Below is an example of acceptable text for the compliance statement. A sample label can be found in Appendix G.

"THIS VEHICLE CONFORMS TO THE On-Road Vehicle and Engine Emission Regulations APPLICABLE TO 200X MODEL YEAR TIER 2 BIN # [state vehicle class as per subsection 6 (1) of the Regulations]

In lieu of the compliance statement, a company has the option of affixing the national emissions mark. In that particular situation, the VECI label should also be applied to provide the necessary technical information. (Model year, Bin #, test group and evaporative family). It should be noted that the national emission mark is generally required for vehicles that are manufactured in Canada. Before affixing the national emission mark, the company must obtain the authorization of the Minister. More information on the national emission mark can be found in Appendix F.

5 It should be noted that the submission of an EPA certificate as the evidence of conformity for a type 1 vehicle is acceptable where it establishes that the vehicles comply with all applicable standards set out in the On-Road Vehicle and Engine Emission Regulations made under the Canadian Environmental Protection Act, 1999 as should be stated in the statement of compliance letter (e.g.. no deviations from prescribed standards such as On-Board Diagnostic (OBD) system deficiencies)

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