Guidance Document - Off-Road Small Spark-Ignition Engine Emission Regulations under CEPA, 1999

5. National Emissions Mark

• 5.1.  Are there any conditions regarding applying a national emissions mark to an engine?
• 5.2.  When do the provisions regarding the national emissions mark come into effect?
• 5.3.  Who can apply the national emissions mark?
• 5.4.  How does a company obtain the Minister's authorization to use the national emissions mark?
• 5.5.  What information could satisfy the requirement of paragraph 6(d) of the Regulations to show that the company is capable of verifying compliance with the standards?
• 5.6.  Do imported engines required the national emissions mark?
• 5.7.  Are there any requirements regarding the size, location and manner of affixing the national emissions mark to an engine?

Companies are generally required to apply the national emissions mark to prescribed engines that are manufactured in Canada for sale in Canada. Section 152 of CEPA 1999 prohibits a company from transporting engines manufactured in Canada between provinces or territories unless the engine has a national emissions mark applied to it. Use of the national emissions mark denotes compliance with the Regulations.

The national emissions mark is the symbol shown in Figure 2. Section 150 of CEPA 1999 specifies that the national emissions mark is a national trademark and establishes limitations on any person's use of the mark (or the use of any other mark in such a manner that it is likely to be mistaken for a national emissions mark). Companies must obtain the Minister's authorization to use the national emissions mark.

Figure 2: The national emissions mark

5.1  Are there any conditions regarding applying a national emissions mark to an engine?

Yes. Section 153 of CEPA 1999 prohibits a company from applying the national emissions mark to any engine unless a number of stated requirements are met. The emissions standards that the engine must meet are prescribed in sections 9 to12 of the Regulations.

5.2  When do the provisions regarding the national emissions mark come into effect?

Sections 6 to 8 of the Regulations have been in effect since registration in November 2003 to allow early authorization for companies to apply the national emissions mark to engines manufactured before January 1, 2005 that meet applicable 2005 model year standards.

The other provisions of the Regulations come into effect on January 1, 2005.

5.3  Who can apply the national emissions mark?

Under section 151 of CEPA 1999, a company must have received an authorization from the Minister to apply the national emissions mark.

5.4  How does a company obtain the Minister's authorization to use the national emissions mark?

A company must submit an application to obtain the Minister's authorization to use the national emissions mark. The information to be included in the application is set out in section 6 of the Regulations. A company's application must be signed by a person who is authorized to act on behalf of the company.

When the Minister authorizes a company to use the national emissions mark, a unique identification number will be assigned.

5.5  What information could satisfy the requirement of paragraph 6(d) of the Regulations to show that the company is capable of verifying compliance with the standards?

Information to show that a company is capable of verifying compliance with the regulatory standards may be presented in various forms, including but not limited to,

1. Recent experience in obtaining U.S. EPA emission certification When applicable, a company may provide the following statement:
   
   "The company has been issued certificates of conformity by the U.S. EPA within the last five years as evidence of conformity with U.S. regulatory emission standards for engines covered under the Off-Road Small Spark-Ignition Engine Emission Regulations".
   
   
2. Technical Information
   The company may provide technical information to show that it is capable of verifying compliance with the standards set out in the Regulations including, but not limited to, information describing the capabilities of the emission test facilities operated by, or on behalf of, the company to produce evidence that its engines conform to the standards set out in the Regulations. This may include evidence that the emission test facility used on behalf of the company has produced test results used in support of a successful application to the EPA for the issuance of a certificate of conformity.

The Minister will assess the information provided to determine if the company may apply the national emissions mark on engines.

5.6  Do imported engines required the national emissions mark?

No. Subsection 153(1) of CEPA 1999 directly requires that imported engines conform to the requirements of the Regulations as a condition for their importation into Canada. Accordingly, the application of a national emissions mark to imported engines is not required to demonstrate such conformity.

5.7  Are there any requirements regarding the size, location and manner of affixing the national emissions mark to an engine?

Yes. Requirements regarding the size, location and manner of affixing the national emissions mark to vehicles or engines are addressed in section 7 of the Regulations.

The size of the national emissions mark shall be at least 7mm in height and 10mm in width. The identification number assigned by the Minister (described in section 5.4 of this document) shall be in figures that are at least 2mm in height, immediately below or to the right of the mark.

The national emissions mark shall be located on or immediately next to the EPA engine information label or, if there is no such label, in a visible, readily accessible location.

The national emissions mark shall be on a label that is permanently applied, resistant to any weather condition and bears legible and indelible inscriptions.