O. Reg. 361/98: MOTOR VEHICLES

under Environmental Protection Act, R.S.O. 1990, c. E.19

Versions

	revoked or spent January 1, 2020
	December 19, 2019 – December 31, 2019
	April 1, 2019 – December 18, 2019
	December 13, 2018 – March 31, 2019
	September 15, 2017 – December 12, 2018
	September 1, 2017 – September 14, 2017
	April 1, 2017 – August 31, 2017
	December 2, 2016 – March 31, 2017
	April 8, 2013 – December 1, 2016
	January 25, 2013 – April 7, 2013
	January 1, 2013 – January 24, 2013
	July 1, 2010 – December 31, 2012
	June 4, 2010 – June 30, 2010
	November 18, 2005 – June 3, 2010
	December 19, 2003 – November 17, 2005
	12 more

Print Download

Environmental Protection Act
Loi sur la protection de l’environnement

ONTARIO REGULATION 361/98

MOTOR VEHICLES

Historical version for the period November 18, 2005 to June 3, 2010.

Last amendment: O. Reg. 587/05.

This Regulation is made in English only.

Definitions

1. (1) In this Regulation,

“catalytic converter” means a device,

(a) through which exhaust from a motor is passed in order to prevent or lessen the emission of a contaminant, and

(b) which would be impaired in its functioning by the use of leaded gasoline as a fuel for operation of the motor;

“conditional emissions inspection report” means a report issued under subsection 9.1 (3) or 9.2 (3);

“Drive Clean Guide” means the Ministry of the Environment publication entitled “Drive Clean Guide” and dated February 1, 1999, as amended from time to time;

“emissions inspection report” means a report issued under subsection 2 (7);

“expanded program area” means the areas set out in Schedule 3, and includes every place that has the same postal code as a place in one of those areas;

“Greater Toronto Area” means the areas set out in Schedule 1, and includes every place that has the same postal code as a place in one of those areas;

“grey market vehicle” means a motor vehicle imported into Canada and manufactured to emission standards that at the time of manufacture were less stringent than those applicable to the same or similar categories of new vehicles in Canada;

“GVWR” stands for the gross vehicle weight rating and means the value specified by the vehicle manufacturer as the loaded weight of a single vehicle;

“heavy vehicle” means a motor vehicle with a GVWR of more than 4,500 kilograms;

“hot rod” means a motor vehicle in which the original motor has been replaced with a motor of a type not installed by the manufacturer on that model of motor vehicle for the model year designated for the motor vehicle by the manufacturer;

“kit car” means a motor vehicle that has been constructed using a new and complete body of a motor vehicle that is supplied without a motor, chassis or drive train;

“leaded gasoline” means gasoline that is not unleaded gasoline;

“light vehicle” means a motor vehicle with a GVWR of 4,500 kilograms or less;

“model year”, when used with respect to a motor vehicle, a motor or a chassis, means the model year designated by the manufacturer or, if there is no such designation, the calendar year in which the manufacture is completed;

“Ontario Drive Clean repair facility” means a facility accredited by the Director as an Ontario Drive Clean repair facility;

“Ontario Drive Clean testing facility” means a facility accredited by the Director as an Ontario Drive Clean testing facility;

“rebuilt car” means a motor vehicle that has been constructed using various used or new component parts, such as a body, chassis or frame, obtained from other vehicles or from auto wreckers, dealers or manufacturers;

“unleaded gasoline” means gasoline that contains not more than 0.013 grams of lead per litre and not more than 0.0013 grams of phosphorus per litre;

“urban and commuter areas” means the areas set out in Schedule 2, and includes every place that has the same postal code as a place in one of those areas. O. Reg. 361/98, s. 1 (1); O. Reg. 86/99, s. 1 (1, 2); O. Reg. 438/99, s. 1; O. Reg. 343/01, s. 1 (1-11).

(2) Despite the definition of “model year” in subsection (1),

(a) the model year of a grey market vehicle or hot rod shall be deemed to be,

(i) the model year designated by the manufacturer for the vehicle, if the manufacturer designated the model year of the vehicle to be 2000 or a later year,

(ii) the calendar year in which the manufacture of the vehicle was completed, if the manufacture of the vehicle was completed in 2000 or a later year and the manufacturer did not designate a model year for the vehicle, or

(iii) 1980, in any other case; and

(b) the model year of a kit car or rebuilt car shall be deemed to be the model year of the motor. O. Reg. 343/01, s. 1 (12).

Drive Clean Inspectors and Repair Technicians

1.1 (1) A person is a Drive Clean inspector for light vehicles for the purposes of this Regulation if he or she has successfully completed, within the previous 24 months, a course satisfactory to the Director with respect to the testing of air emissions of light vehicles. O. Reg. 343/01, s. 2.

(2) A person is a Drive Clean inspector for heavy vehicles for the purposes of this Regulation if he or she has successfully completed, within the previous 24 months, a course satisfactory to the Director with respect to the testing of air emissions of heavy vehicles. O. Reg. 343/01, s. 2.

(3) A person is a Drive Clean repair technician for the purposes of this Regulation if,

(a) the person holds a certificate of qualification as an automotive service technician issued under the Apprenticeship and Certification Act, 1998;

(b) the person has successfully completed, within the previous 36 months, a course satisfactory to the Director with respect to the repair of emission control systems and components of light vehicles; or

(c) the person has qualifications that the Director considers equivalent to the qualifications referred to in clause (a) or (b). O. Reg. 343/01, s. 2.

(4) Despite subsections (1) to (3), a person is not a Drive Clean inspector or Drive Clean repair technician for the purposes of this Regulation if the Director gives the person written notice indicating that the Director is satisfied that,

(a) the person has submitted false or misleading personal information to the Director;

(b) the person has been convicted within the preceding 48 months of an offence under the Act or the regulations that relates to motor vehicles or to a lack of honesty or integrity in dealing with customers; or

(i) indicates that a motor vehicle complies with maximum emission standards prescribed in section 7, 8, 9, 10, 11 or 12 when the vehicle does not comply with those standards or has not been tested in accordance with this Regulation for compliance with those standards, or

(ii) indicates that a motor vehicle is not required to comply with the emission standards prescribed in section 8 or 9 when the vehicle is required to comply with those standards. O. Reg. 343/01, s. 2; O. Reg. 587/05, s. 1.

(5) The Director shall not give a person notice under subsection (4) unless the Director has advised the person in writing of the proposal to give notice and has afforded the person a reasonable opportunity to make written or oral submissions to the Director. O. Reg. 343/01, s. 2.

(6) A notice under subsection (4) may provide that the notice does not apply to the person after a date specified by the Director in the notice. O. Reg. 343/01, s. 2.

(7) The Director may revoke a notice given under subsection (4) on a date specified by the Director, and the notice does not apply to the person after that date. O. Reg. 343/01, s. 2.

False Inspection Reports

1.2 No person shall create, distribute or use a document that,

(a) indicates that a motor vehicle complies with maximum emission standards prescribed in section 7, 8, 9, 10, 11 or 12 when the vehicle does not comply with those standards or has not been tested in accordance with this Regulation for compliance with those standards; or

(b) indicates that a motor vehicle is not required to comply with the emission standards prescribed in section 8 or 9 when the vehicle is required to comply with those standards. O. Reg. 587/05, s. 2.

Testing Motor Vehicles with Respect to Air Emissions

2. (1) For the purpose of enforcing the Act and this Regulation, no person other than a Drive Clean inspector for light vehicles or a Drive Clean inspector for heavy vehicles shall determine compliance with the maximum emission standards prescribed in sections 7 and 10. O. Reg. 343/01, s. 3.

(2) For the purpose of enforcing the Act and this Regulation, no person other than a Drive Clean inspector for light vehicles shall determine compliance with the maximum emission standards prescribed in sections 8, 9 and 11. O. Reg. 343/01, s. 3.

(3) Despite subsection (2), a Drive Clean inspector for heavy vehicles may determine compliance with the maximum emission standards prescribed in section 11 if compliance is achieved pursuant to subsection 11 (4.1). O. Reg. 343/01, s. 3.

(4) For the purpose of enforcing the Act and this Regulation, no person other than a Drive Clean inspector for heavy vehicles shall determine compliance with the maximum emission standards prescribed in section 12. O. Reg. 343/01, s. 3.

(5) The testing to determine compliance with the maximum emission standards prescribed in sections 7, 8, 9, 10, 11 and 12 for the purpose of enforcing the Act and this Regulation shall take place at an Ontario Drive Clean testing facility. O. Reg. 343/01, s. 3.

(6) Despite subsections (1), (2), (4) and (5), a provincial officer or police officer may determine compliance with the maximum emission standards prescribed in this Regulation for the purpose of enforcing the Act and this Regulation and may do so at any location. O. Reg. 343/01, s. 3.

(7) If testing conducted in accordance with this Regulation confirms compliance with maximum emission standards prescribed in section 7, 8, 9, 10, 11 or 12, an Ontario Drive Clean testing facility may issue a report indicating that the vehicle complies with the standards. O. Reg. 343/01, s. 3.

(8) If a motor vehicle of a model year after 1997 is manufactured with an on-board diagnostic system designed to identify motor or emission control system problems and regulate motor or emission control system operations, testing to determine compliance with maximum emission standards prescribed in this Regulation may include testing of the on-board diagnostic system in accordance with the Drive Clean Guide. O. Reg. 343/01, s. 3.

(9) A person who, with the consent of the Director, alters a vehicle and submits it to an Ontario Drive Clean testing facility or an Ontario Drive Clean repair facility for the purpose of assessing the quality of the facility and the competence of staff at the facility is exempt from subsection 22 (3) and section 23 of the Act and from sections 5, 6 and 7 of this Regulation. O. Reg. 343/01, s. 3.

Application

3. (1) Section 6 of this Regulation applies with respect to every motor vehicle operating in Ontario. O. Reg. 361/98, s. 3 (3).

(2) This Regulation applies with respect to every motor vehicle operating in Ontario for which a permit under the Highway Traffic Act is in effect. O. Reg. 361/98, s. 3 (2).

(3) This Regulation, other than sections 8, 9 and 11, applies with respect to every heavy vehicle. O. Reg. 361/98, s. 3 (3); O. Reg. 343/01, s. 4.

Emission Control Equipment for Kit Cars, Rebuilt Cars and Hot Rods

4. (1) A kit car or a rebuilt car that receives its first permit under the Highway Traffic Act on or after January 1, 1999, shall include, as part of a system to prevent or lessen the emission of contaminants, all of the original pollution control systems and components, or equivalent replacements, included or usually included with the motor of the rebuilt car or kit car by the manufacturer of the motor. O. Reg. 361/98, s. 4 (1); O. Reg. 86/99, s. 3.

(2) A hot rod that receives a motor replacement on or after January 1, 1999, shall receive a motor designed to meet emission standards at least as stringent as those achieved by the original motor with all its original emission control equipment attached and functioning, and the replacement motor shall have the original catalytic converter and all the original emission control equipment, or equivalent replacements, included or usually included with the replacement motor by the manufacturer of the motor. O. Reg. 361/98, s. 4 (2); O. Reg. 86/99, s. 3.

Catalytic Converters

5. (1) No person shall use leaded gasoline as a fuel to operate a motor vehicle manufactured with a catalytic converter. O. Reg. 361/98, s. 5 (1).

(2) No person shall operate or cause or permit the operation of a motor vehicle with a catalytic converter if leaded gasoline has ever been used as a fuel in the motor vehicle until the catalytic converter has been repaired or replaced. O. Reg. 361/98, s. 5 (2).

(3) If a motor or motor vehicle is manufactured with a catalytic converter, no person shall alter or cause or permit the alteration of the motor or motor vehicle in a manner that permits exhaust emissions to bypass the catalytic converter. O. Reg. 86/99, s. 4.

(4) No person shall operate or cause or permit the operation of a motor or motor vehicle that was manufactured with a catalytic converter if the catalytic converter, or any replacement for the catalytic converter,

(a) is not capable of performing the function for which the catalytic converter was intended; or

(b) is disconnected, removed or otherwise altered so that it is not capable of performing the function for which the catalytic converter was intended. O. Reg. 86/99, s. 4.

Visible Emissions

6. (1) No person shall operate or cause or permit the operation of a light vehicle from which there is a visible emission for more than 15 seconds in any five-minute period. O. Reg. 401/98, s. 1; O. Reg. 86/99, s. 5 (1); O. Reg. 343/01, s. 5 (1).

(2) No person shall operate or cause or permit the operation of a heavy vehicle from which there is a visible emission for more than 15 seconds in any five-minute period. O. Reg. 401/98, s. 1; O. Reg. 86/99, s. 5 (2); O. Reg. 343/01, s. 5 (2).

Emission Control Systems or Devices

6.1 The following types of systems and devices are prescribed for the purpose of subsection 22 (4) of the Act:

1. A system or device that is manufactured by the manufacturer of the system or device that is being replaced and,

i. is identical to or equivalent to the system or device that is being replaced, or

ii. is manufactured as a replacement for the system or device that is being replaced.

2. A system or device that is approved by the Bureau of Automobile Repair, the California Air Resources Board, the United States Environmental Protection Agency or another body specified by the Director as a replacement for the system or device that is being replaced. O. Reg. 86/99, s. 6.

7. (1) If a motor or motor vehicle is manufactured with a system or device to prevent or lessen the emission of any contaminant, the following standards are prescribed as additional maximum emission standards for the vehicle:

1. The system or device, or any replacement therefor, must be maintained or kept in such a state of repair that it is capable of performing the function for which it was intended.

2. The system or device, or any replacement therefor, must be kept installed on, attached to or incorporated in the motor or motor vehicle in such a manner that, when the motor or motor vehicle is operating, the system or device functions in the manner in which it was intended to function. O. Reg. 343/01, s. 6.

(2) Every motor vehicle for which emission standards are prescribed in this section shall comply with those standards. O. Reg. 343/01, s. 6.

(3) No person shall operate or cause or permit the operation of a motor vehicle that does not comply with subsection (2). O. Reg. 343/01, s. 6.

Two Speed Idle Test Gasoline Fuelled Light Vehicles (and other Fuels except Diesel)

8. (1) This section applies with respect to a light vehicle that operates on a fuel other than diesel fuel. O. Reg. 401/98, s. 2 (1); O. Reg. 343/01, s. 7.

(2) If a motor vehicle fuelled by natural gas is tested for compliance with the maximum emission standards prescribed in this section for hydrocarbons, methane found in the emissions shall be excluded. O. Reg. 361/98, s. 8 (2).

(3) The maximum emission standards set out in Table 8 of the Drive Clean Guide for motor vehicles of a model year and GVWR set out in that Table are prescribed for those vehicles. O. Reg. 86/99, s. 9.

(4) The procedure to be used for testing a motor vehicle’s compliance with the maximum emission standards prescribed in this section is the preconditioned two speed idle test, as described in the Drive Clean Guide, or a test that the Director considers equivalent. O. Reg. 86/99, s. 9.

(5) The maximum emission standards prescribed in this section do not apply with respect to a motor vehicle if the design or configuration of the motor vehicle,

(a) is incompatible with the performance of the tests referred to in subsection (4); or

(b) would render the performance of the tests referred to in subsection (4) unsafe. O. Reg. 86/99, s. 9.

(6) Every motor vehicle for which emission standards are prescribed in this section shall comply with those standards. O. Reg. 361/98, s. 8 (6).

(7) No person shall operate or cause or permit the operation of a motor vehicle that does not comply with subsection (6). O. Reg. 401/98, s. 2 (2).

Dynamometer Test Gasoline Fuelled Light Vehicles (and other Fuels except Diesel)

9. (1) This section does not apply,

(a) with respect to a vehicle that operates on diesel fuel;

(a.1) with respect to a heavy vehicle;

(b) in those parts of Ontario other than the Greater Toronto Area, the urban and commuter areas and the expanded program area; or

(i) is incompatible with the performance of the tests referred to in this section, or

(ii) would render the performance of the tests referred to in this section unsafe. O. Reg. 361/98, s. 9 (1); O. Reg. 401/98, s. 3 (1); O. Reg. 86/99, s. 11 (1); O. Reg. 343/01, s. 8 (1, 2).

(3) Revoked: O. Reg. 343/01, s. 8 (3).

(4) Revoked: O. Reg. 343/01, s. 8 (3).

(5) Revoked: O. Reg. 343/01, s. 8 (3).

(6) Revoked: O. Reg. 445/03, s. 1 (1).

(6.1) Revoked: O. Reg. 445/03, s. 1 (1).

(7) For 2003 and 2004, the maximum emission standards prescribed for motor vehicles in subsection (7.1), multiplied by 1.15, are prescribed for those vehicles in the Greater Toronto Area, the urban and commuter areas and the expanded program area. O. Reg. 343/01, s. 8 (5).

(7.1) For 2005 and subsequent years, the maximum emission standard set out in the applicable column of each of Tables 9-HC, 9-CO and 9-NOX of the Drive Clean Guide for motor vehicles of an equivalent test weight set out in each Table is prescribed for those vehicles in the Greater Toronto Area, the urban and commuter areas and the expanded program area. O. Reg. 343/01, s. 8 (5).

(7.1.1) For the purpose of subsection (7.1), the applicable column of Table 9-HC, 9-CO or 9-NOX of the Drive Clean Guide for a motor vehicle of a type and model year set out in Table 9-KEY of the Guide shall be determined in accordance with Table 9-KEY of the Guide. O. Reg. 343/01, s. 8 (5).

(7.2) The procedure to be used for testing a motor vehicle’s compliance with the maximum emission standards prescribed in subsection (7) or (7.1) is the dynamometer test, as described in the Drive Clean Guide, or a test that the Director considers equivalent. O. Reg. 86/99, s. 11 (2); O. Reg. 343/01, s. 8 (6); O. Reg. 445/03, s. 1 (2).

(7.3) If a maximum emission standard is prescribed for a motor vehicle in subsection (7) or (7.1), the fuel cap integrity standard set out in the Drive Clean Guide is prescribed as an additional maximum emission standard for the vehicle. O. Reg. 343/01, s. 8 (7); O. Reg. 445/03, s. 1 (3).

(7.4) The procedure to be used for testing a motor vehicle’s compliance with a standard prescribed in subsection (7.3) is the test described for that standard in the Drive Clean Guide, or a test that the Director considers equivalent. O. Reg. 86/99, s. 11 (2).

(7.5) Revoked: O. Reg. 343/01, s. 8 (8).

(8) If a motor vehicle designed to be capable of using more than one carbon-based fuel is tested for compliance with the maximum emission standards prescribed in this section, it shall be tested using the fuel which was used to propel the vehicle to the test facility. O. Reg. 361/98, s. 9 (8).

(9) Every motor vehicle for which emission standards are prescribed in this section shall comply with those standards. O. Reg. 361/98, s. 9 (9).

(10) Revoked: O. Reg. 343/01, s. 8 (9).

(10.1) Revoked: O. Reg. 343/01, s. 8 (9).

(10.2) Revoked: O. Reg. 343/01, s. 8 (9).

(11) Revoked: O. Reg. 343/01, s. 8 (9).

(12) Revoked: O. Reg. 343/01, s. 8 (9).

(13) Revoked: O. Reg. 343/01, s. 8 (9).

(13.1) No person shall operate or cause or permit the operation of a motor vehicle that does not comply with subsection (9). O. Reg. 491/98, s. 3 (2); O. Reg. 343/01, s. 8 (10).

(14) Revoked: O. Reg. 86/99, s. 11 (8).

Repair Cost Limit for Gasoline Fuelled Light Vehicles (and other Fuels except Diesel)

9.1 (1) Subsections 8 (6) and 9 (9) do not apply to a motor vehicle if all of the following criteria are satisfied:

1. The vehicle is tested by an Ontario Drive Clean testing facility and the test results indicate non-compliance with prescribed standards.

2. After the test,

i. the vehicle is taken to an Ontario Drive Clean repair facility that has been provided with a copy of the test results and work costing $450 or more has been performed by or under the supervision of a Drive Clean repair technician to bring the vehicle more nearly into compliance with the maximum emission standards, or

ii. the vehicle is taken to an Ontario Drive Clean repair facility that has been provided with a copy of the test results and the facility certifies in writing that, in their professional opinion,

A. no work costing less than $450 will bring the vehicle more nearly into compliance with the maximum emission standards by a significant amount, or

B. they have performed as much work as possible, costing less than $450, to bring the vehicle more nearly into compliance with the maximum emission standards.

3. Within 60 days after the date of the test, the vehicle is returned to an Ontario Drive Clean testing facility and retested, and the test results again indicate non-compliance with prescribed standards.

4. The work done to the vehicle to bring it into compliance is not covered by a warranty. O. Reg. 343/01, s. 9.

(2) An exemption from subsections 8 (6) and 9 (9) pursuant to subsection (1) applies only until the earlier of the following dates:

1. The second anniversary of the retest referred to in paragraph 3 of subsection (1).

2. The day on which the vehicle is next tested for compliance with prescribed standards after the retest referred to in paragraph 3 of subsection (1). O. Reg. 343/01, s. 9.

(3) If, pursuant to subsection (1), subsections 8 (6) and 9 (9) do not apply to a vehicle, the Ontario Drive Clean testing facility referred to in paragraph 3 of subsection (1) may issue a report indicating that the vehicle is not required to comply with the emission standards prescribed in sections 8 and 9. O. Reg. 343/01, s. 9.

(4) Revoked: O. Reg. 445/03, s. 2.

(5) In the case of a vehicle in the expanded program area, the references to $450 in paragraph 2 of subsection (1) shall be deemed to be references to $200 until July 1, 2004. O. Reg. 343/01, s. 9.

Repairs Not Possible for Gasoline Fuelled Light Vehicles (and other Fuels except Diesel)

9.2 (1) Subsections 8 (6) and 9 (9) do not apply to a motor vehicle if all of the following criteria are satisfied:

1. The vehicle is tested by an Ontario Drive Clean testing facility and the test results indicate non-compliance with prescribed standards.

2. After the test, the vehicle is taken to two Ontario Drive Clean repair facilities that have been provided with copies of the test results and both facilities certify in writing that, in their professional opinions, it is not reasonably possible to correct the problem.

3. The vehicle is returned to an Ontario Drive Clean testing facility and,

i. the professional opinions given under paragraph 2 are recorded by the testing facility, and

ii. if work has been done on the vehicle, the vehicle is retested and the test results again indicate non-compliance with prescribed standards. O. Reg. 343/01, s. 9.

(2) An exemption from subsections 8 (6) and 9 (9) pursuant to subsection (1) applies only until the earlier of the following dates:

1. The second anniversary of the day the vehicle is returned to a testing facility under paragraph 3 of subsection (1).

2. The day on which the vehicle is next tested for compliance with prescribed standards after the day it is returned to a testing facility under paragraph 3 of subsection (1). O. Reg. 343/01, s. 9.

Two Speed Idle Test Gasoline Fuelled Heavy Vehicles (and other Fuels except Diesel)

10. (1) This section applies with respect to a heavy vehicle that operates on a fuel other than diesel fuel. O. Reg. 343/01, s. 10.

(1.1) Revoked: O. Reg. 343/01, s. 10.

(1.2) Revoked: O. Reg. 343/01, s. 10.

(3) The maximum emission standards set out in Table 10 of the Drive Clean Guide for motor vehicles of a model year set out in that Table are prescribed for those vehicles. O. Reg. 86/99, s. 13.

(5) The maximum emission standards prescribed in this section do not apply with respect to a motor vehicle if the design or configuration of the motor vehicle,

(a) is incompatible with the performance of the tests referred to in subsection (4); or

(b) would render the performance of the tests referred to in subsection (4) unsafe. O. Reg. 86/99, s. 13.

(6) Revoked: O. Reg. 86/99, s. 13.

(7) Every motor vehicle for which emission standards are prescribed in this section shall comply with those standards. O. Reg. 361/98, s. 10 (7).

(8) No person shall operate or cause or permit the operation of a motor vehicle that does not comply with subsection (7). O. Reg. 401/98, s. 4.

(9) Revoked: O. Reg. 445/03, s. 3.

(10) Revoked: O. Reg. 445/03, s. 3.

Opacity Test Diesel Fuelled Light Vehicles

11. (1) This section applies with respect to a light vehicle that operates on diesel fuel. O. Reg. 343/01, s. 11 (1).

(2) The maximum emission standard set out in Table 11 of the Drive Clean Guide for an area and for motor vehicles of a model year set out in that Table is prescribed for those vehicles in that area. O. Reg. 343/01, s. 11 (1); O. Reg. 445/03, s. 4.

(3) The procedure to be used for testing a motor vehicle’s compliance with the maximum emission standard prescribed in this section is the opacity test for diesel fuelled light vehicles, as described in the Drive Clean Guide, or a test that the Director considers equivalent. O. Reg. 343/01, s. 11 (1).

(3.1) The maximum emission standards prescribed in this section do not apply with respect to a motor vehicle if the design or configuration of the motor vehicle,

(a) is incompatible with the performance of the applicable tests referred to in subsection (3); or

(b) would render the performance of the applicable tests referred to in subsection (3) unsafe. O. Reg. 86/99, s. 14.

(4) Every motor vehicle for which emission standards are prescribed in this section shall comply with those standards. O. Reg. 361/98, s. 11 (4).

(4.1) A motor vehicle shall be deemed to comply with the emission standards prescribed in this section if, when tested in accordance with subsection 12 (3), it complies with the maximum emission standard set out in Table 12 of the Drive Clean Guide for a heavy vehicle of the same model year that operates on diesel fuel. O. Reg. 361/98, s. 11 (2).

(5) No person shall operate or cause or permit the operation of a motor vehicle that does not comply with subsection (4). O. Reg. 401/98, s. 5.

Opacity Test Diesel Fuelled Heavy Vehicles

12. (1) This section applies with respect to a heavy vehicle that operates on diesel fuel. O. Reg. 343/01, s. 12.

(1.1) Revoked: O. Reg. 343/01, s. 12.

(1.2) Revoked: O. Reg. 343/01, s. 12.

(2) The maximum emission standard set out in Table 12 of the Drive Clean Guide for motor vehicles of a type and a model year set out in that Table and for a period set out in the Table is prescribed for those vehicles for that period. O. Reg. 86/99, s. 15; O. Reg. 445/03, s. 5 (1).

(3) The procedure to be used for testing a motor vehicle’s compliance with the maximum emission standards prescribed in this section is the opacity test for diesel fuelled heavy vehicles, as described in the Drive Clean Guide, or a test that the Director considers equivalent. O. Reg. 86/99, s. 15.

(4) Every motor vehicle for which emission standards are prescribed in this section shall comply with those standards. O. Reg. 361/98, s. 12 (4).

(5) No person shall operate or cause or permit the operation of a motor vehicle that does not comply with subsection (4). O. Reg. 401/98, s. 6.

(6) Revoked: O. Reg. 445/03, s. 5 (2).

(7) Revoked: O. Reg. 445/03, s. 5 (2).

Submission of Vehicle for Testing

13. (1) A provincial officer designated for the purpose of carrying out Part III of the Act or a police officer may, by written notice in a form approved by the Minister, require the driver or owner of a motor vehicle to submit it for testing and inspection. O. Reg. 361/98, s. 13 (1); O. Reg. 343/01, s. 13.

(2) Every driver or owner of a motor vehicle shall comply with a written notice given under subsection (1). O. Reg. 361/98, s. 13 (2).

(3) A notice under subsection (1) may be given to the owner of a vehicle by leaving a copy of the notice with the driver of the vehicle. O. Reg. 401/98, s. 7.

Orders under Section 18 of the Act

13.1 An order under section 18 of the Act may be given to a person who owns or has management or control of one or more motor vehicles by leaving a copy of the order with the driver of any of the vehicles. O. Reg. 401/98, s. 8.

14. Omitted (revokes other Regulations). O. Reg. 361/98, s. 14.

TABLES 1-9 Revoked: O. Reg. 86/99, s. 16.

SCHEDULE 1
GREATER TORONTO AREA

The following areas are the areas referred to in the definition of “Greater Toronto Area” in subsection 1 (1):

1. The Regional Municipality of Durham.

2. The Regional Municipality of Halton.

3. The City of Hamilton.

4. The Regional Municipality of Peel.

5. The City of Toronto.

6. The Regional Municipality of York.

O. Reg. 343/01, s. 14.

SCHEDULE 2
URBAN AND COMMUTER AREAS

The following areas, as they existed on June 26, 1998, are the areas referred to in the definition of “urban and commuter areas” in subsection 1 (1):

1. The City of Barrie, the City of Brantford, the City of Cambridge, the Town of Clearwater, the City of Guelph, the City of Kitchener, the City of London, the City of Niagara Falls, the City of Peterborough, the Village of Point Edward, the City of Sarnia, the City of St. Catharines, the City of Waterloo, the City of Welland and the City of Windsor.

2. The County of Brant, the County of Essex, The Regional Municipality of Niagara, the County of Oxford and The Regional Municipality of Waterloo.

3. The following parts of the County of Dufferin: Township of Amaranth, Township of East Garafraxa, Township of Mono, Township of East Luther Grand Valley, Town of Orangeville, Town of Shelburne.

4. The following parts of the County of Elgin: Township of Southwold, Township of Malahide, Municipality of Central Elgin, City of St. Thomas.

5. The following parts of The Regional Municipality of Haldimand-Norfolk: City of Nanticoke, Town of Haldimand, Town of Dunnville, Town of Simcoe.

6. The following parts of the County of Lambton: Township of Enniskillen, Township of Plympton, Township of Moore, Village of Oil Springs, Town of Petrolia, Village of Wyoming, Town of Forest.

7. The following parts of the County of Middlesex: Township of Middlesex Centre, Township of London, Township of North Dorchester, Township of Caradoc, Township of West Nissouri, Town of Strathroy.

8. The following parts of the County of Northumberland: Town of Cobourg, Township of Hope, Town of Port Hope, Township of Hamilton.

9. The following parts of the County of Perth: Township of Perth East, Township of South Easthope, City of Stratford, Township of Perth South, Town of St. Marys.

10. The following parts of the County of Peterborough: Township of Cavan-Millbrook-North Monaghan, Township of Smith-Ennismore, Township of Douro-Dummer, Township of Otonabee-South Monaghan, Village of Lakefield.

11. The following parts of the County of Simcoe: Township of Adjala-Tosorontio, Town of Bradford-West Gwillimbury, Township of Essa, Township of Oro-Medonte, Township of Severn, Town of New Tecumseth, Town of Innisfil, Township of Springwater, Town of Wasaga Beach, City of Orillia.

12. The following parts of the County of Victoria: Town of Lindsay, Township of Ops, Township of Eldon, Township of Emily, Township of Mariposa, Village of Omemee, Village of Woodville, Township of Manvers.

13. The following parts of the County of Wellington: Township of Mapleton (including Township of Mayborough), Town of Erin, Township of Mount Forest-Arthur-West Luther-Arthur, Township of Puslinch, Township of Guelph-Eramosa, Township of Centre Wellington.

O. Reg. 343/01, s. 14.

SCHEDULE 3
EXPANDED PROGRAM AREA

The following areas are the areas referred to in the definition of “expanded program area” in subsection 1 (1):

1. The parts of the following areas that are not included in the urban and commuter areas:

i. The County of Dufferin.

ii. The County of Elgin.

iii. Haldimand County.

iv. The City of Kawartha Lakes.

v. The County of Lambton.

vi. The County of Middlesex.

vii. Norfolk County.

viii. The County of Northumberland.

ix. The County of Perth.

x. The County of Peterborough.

xi. The County of Simcoe.

xii. The County of Wellington.

2. The Municipality of Chatham-Kent.

3. The geographic area of the Frontenac Management Board, as set out in paragraph 3.3 (b) of an Order made under section 25.2 of the Municipal Act on January 7, 1997 and published in The Ontario Gazette dated February 15, 1997.

4. The County of Hastings.

5. The City of Kingston.

6. The County of Lanark.

7. The United Counties of Leeds and Grenville.

8. The County of Lennox and Addington.

9. The City of Ottawa.

10. The United Counties of Prescott and Russell.

11. The County of Prince Edward.

12. The United Counties of Stormont, Dundas and Glengarry.

O. Reg. 343/01, s. 14.

FORM 1 Revoked: O. Reg. 343/01, s. 15.

O. Reg. 361/98: MOTOR VEHICLES

Tags

Share