Marine spark-ignition engine regulations technical guidance: chapter 11

11.1 Engine, vessel or vehicle identification number

Section 8 of the Regulations requires that each marine engine, vessel and off-road recreational vehicle has a unique identification number. The engine, vessel or vehicle identification number can be engraved or stamped on the engine, vessel or vehicle, or included on a label that meets the requirements in subsections 7(3) and (4) of the Regulations. This engine, vessel or vehicle identification number should not be confused with the company authorization number that is assigned by the Minister to a company in relation to the national emissions mark, as required by sections 6 and 7 of the Regulations and described in section 5 of this document.

11.2 Obligation to provide emission-related maintenance instructions

Under section 34 of the Regulations, a company must ensure that written instructions for emission-related maintenance are provided to the first retail purchaser of every engine, vessel or vehicle. The content of the written instructions should be consistent with the content of the maintenance instructions set out in CFR 1045.125 and CFR 1051.125. The instructions must be provided in English, French or both official languages, as requested by the purchaser.

11.3 Notice of defect

Given the complexity of the assembly process and the extensive supply chain for parts and components for engines and vehicles, there is always a possibility of a defect in the design, construction or functioning of the vehicle or engine that may affect its compliance with emission standards. The notice of defect provisions in section 157 of CEPA 1999 and section 43 of the Regulations require companies to issue a notice of defect on becoming aware of a defect in the design, construction or functioning of the engine, vessel or vehicle that affects or is likely to affect its compliance with a prescribed standard set out in the Regulations. A defect trend can be established from many sources, including, but not limited to: audits, emissions test results, assembly line reports, reports from users, warranty claims, or other information received from government agencies. There is no minimum threshold quantity of occurrences.

Subsection 43(1) of the Regulations describes the information that must be provided in the notice of defect, as follows:

  • the name of the company giving the notice;
  • the description of each engine, vessel or vehicle in respect of which the notice is given, including the make, model, identification number, model year, period of production and, if applicable, the EPA emission families;
  • the estimated percentage of the potentially affected engines, vessels or vehicles that contain the defect;
  • a description of the defect;
  • an evaluation of the pollution risk arising from the defect;
  • a statement of the measures to be taken to correct the defect; and
  • a description of the means available to the company to contact the current owner of each affected engine, vessel or vehicle.

As specified in subsection 157(1) of CEPA 1999, the notice must be given to the Minister, to each person who has obtained from the company an engine, vessel or vehicle with the defect, and to each current owner of an engine, vessel or vehicle with the defect. Subsection 157(2) of CEPA 1999 provides methods of determining current owners of engines, vessels and vehicles. If the Minister is satisfied that the name of the current owner cannot reasonably be determined, subsection 157(4) of CEPA 1999 specifies that the Minister may order that the notice be provided by publication in daily newspapers or through an alternative medium, or may order that the current owners need not be notified.

Subsection 157(7) of CEPA 1999 specifies that every company that causes notice of defect to be given must submit an initial report and subsequent regular reports. Within 60 days after a notice of defect has been given, the company must submit to the Minister an initial report containing the information described in subsection 43(2) of the Regulations. The company must also submit subsequent regular reports (i.e., follow-up reports) to the Minister for a period of two years after the day on which the notice of defect was given, unless the company is instructed otherwise by the Minister. In the case of a marine engine, a follow-up report is to be submitted within 12 months of the initial report or a previous follow-up report; in the case of a vessel or off-road recreational vehicle, a follow-up report is to be submitted within 6 months of the initial report or a previous follow-up report. The required contents of the follow-up report can be found in subsection 43(3) of the Regulations.

Under subsection 157(3) of CEPA 1999, a company is not required to cause notice of defect to be given if a relevant notice has already been given in Canada for the same defect under section 10 the Motor Vehicle Safety Act. The company is encouraged to obtain a copy of that notice of defect for their records.

11.4 Obligation to provide an engine, vessel or vehicle for research and testing

Under section 159 of CEPA 1999, upon request from the Minister, a company shall make available for testing any engine, vessel or vehicle that was used in tests conducted in order to establish information submitted to the Minister relating to standards for emissions, or make available for testing an equivalent engine, vessel or vehicle. The Minister will defray the transportation cost and pay the rental rate set in section 40 of the Regulations. The annual rental rate is 21% of the manufacturer's suggested retail price of the engine, vessel or vehicle, prorated on a daily basis for each day that the engine, vessel or vehicle is made available.

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