Reply to Comments Received on the Proposed Off-Road Small Spark Ignition Engine Emission Regulations

4. Technical Changes

• 4.1. Prescribed Engines
  • 4.1.1.  Engines designed to propel vessels
  • 4.1.2.  Engines that are being exported
• 4.2. Import Documentation
  • 4.2.1.  Business Number
  • 4.2.2.  Exhibition, demonstration, evaluation and testing

Following prepublication in the Canada Gazette Part I, technical changes were made to the Regulations. These changes, listed below, are required to better align the Regulations with part 90 of the CFR and to facilitate its administration and enforcement. Also, other editorial changes were made for clarification without affecting the intent of the Regulations.

4.1.  Prescribed Engines

The following changes were made to the list of prescribed engines in subsection 5(2) of the Regulations.

4.1.1.  Engines designed to propel vessels

A subprovision was added to the Regulations (subsection 5(2)(h)) to exclude small spark-ignition engines designed to propel vessels from prescribed engines. This change was undertaken to ensure alignment between the Canadian and the U.S. Regulations. The Department plans separate regulations for outboard engines and personal watercraft aligned with U.S. federal emissions standards.

4.1.2.  Engines that are being exported

A subprovision was added to the Regulations (subsection 5(2)(i)) to exclude engines that are being exported and that are accompanied by a statement establishing that the engine will not be sold or used in Canada. This provision will assist with the administration of the Regulations.

4.2. Import Documentation

4.2.1.  Business Number

A subprovision was added to the Regulations (subsection 19(1)(b)) requiring companies to provide the business number assigned by the Canada Customs and Revenue Agency on importation documentation.

The business number is a numbering system that simplifies and streamlines the way businesses deal with the federal government. It is assigned by the Canada Customs and Revenue Agency to uniquely identify business entities and must be supplied on customs documents.

4.2.2.  Exhibition, demonstration, evaluation and testing

Under paragraph 155(1)(a) of CEPA 1999, an engine imported into Canada solely for purposes of exhibition, demonstration, evaluation or testing does not have to meet with the requirements of the Regulations if a declaration signed by the person importing the engine or their duly authorized representative is submitted at a customs office. Section 20 has been added to the Regulations specifying the information to be provided in the declaration. This will reduce uncertainty regarding information to be provided under these circumstances.