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ARCHIVED - Guidance Document - Off-Road Compression-Ignition Engine Emission Regulations under the Canadian Environmental Protection Act, 1999

2. Regulatory Framework

The Off-Road Compression-Ignition Engine Emission Regulations establish, under the authority of the Canadian Environmental Protection Act, 1999, Canadian emission standards aligned with those of the Environmental Protection Agency (EPA) for compression-ignition engines used in off-road applications.


2.1 What is the Canadian Environmental Protection Act, 1999 (CEPA 1999)?

The Canadian Environmental Protection Act, 1999 (CEPA 1999), "an Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development", is Canada's principal piece of federal environmental protection legislation. Part 7, Division 5, contains the legislative authority for making regulations for the purpose of controlling vehicle, engine and equipment emissions.


2.2 What is the CEPA Environmental Registry?

The CEPA Environmental Registry is a comprehensive source of public information relating to activities under CEPA 1999. In addition to providing up-to-date copies of current CEPA 1999 instruments (e.g., regulations, voluntary agreements), the primary objective of the Registry is to encourage and support public participation in environmental decision-making, by facilitating access to documents arising from the administration of the Act.


2.3 What is the Code of Federal Regulations?

The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published by the U.S. Federal Government. In this guidance document, the expression "Code of Federal Regulations" always means Title 40, Part 89, Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines of the Code of Federal Regulations.

The Regulations incorporate portions of the CFR by reference, in order to align the vehicle and engine emission standards of the two countries. Subsection 1(2) of the Regulations states that incorporation by reference to the CFR shall be read as excluding

  1. references to the Environmental Protection Agency (EPA) or its Administrator exercising discretion in any way;
  2. alternative standards related to the averaging, banking and trading of emission credits, to small volume manufacturers or to financial hardship; and
  3. standards or evidence of conformity from any other jurisdiction or authority other than the EPA.


2.4 Are the Regulations identical to the EPA rules?

No. While the overall missions of Environment Canada and EPA are quite similar, the constitutions and laws of Canada and the U.S. differ. There are differences in how environmental protection regulations are developed and enforced in Canada and in the U.S.

The Regulations were developed to align Canadian emission standards with those of the EPA. Ancillary provisions are as similar as possible, considering the different regulatory frameworks in Canada and the U.S.


2.5 Certain provisions of the Regulations state that information can be requested by or sent to the Minister. Who is the Minister?

The "Minister" is the federal Minister of the Environment. Where the Regulations require information to be submitted to the Minister, unless otherwise directed, it should be sent to:

Director, Transportation Division
Clean Air Directorate
Environment Canada
351 St-Joseph Blvd
Gatineau, Quebec K1A 0H3
fax: 819-953-7815
phone: 819-994-3706

An official of Environment Canada may also make a request for information, under CEPA 1999 or the Regulations, on behalf of the Minister. The request will indicate if the information is to be sent to the Minister or to the official whose name and co-ordinates will appear on the notice.

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