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Environmental Protection Act

ONTARIO REGULATION 457/19

VEHICLE EMISSIONS

Note: This Regulation was revoked on July 1, 2022. (See: O. Reg. 183/22, s. 7)

Last amendment: 183/22.

Legislative History: 457/19 (as am. by 44/20 and 525/20), 44/20, 525/20, 183/22.

This is the English version of a bilingual regulation.

CONTENTS

Definitions

1.

Definitions

Heavy Diesel Commercial Motor Vehicles —Emissions Testing and Report

10.

Who may issue vehicle emissions report

11.

Where testing must take place

12.

Preconditions for test

13.

Conditions for vehicle emissions report indicating a pass

14.

Test procedure, etc.

15.

Vehicle that cannot be tested

16.

False reports

Miscellaneous

17.

Service of vehicle emissions reports

 

Definitions

Definitions

1. In this Regulation,

“DTC” means a diagnostic trouble code, which is a code generated by an OBD system when a monitor detects a condition indicating that a component of the vehicle is not functioning properly; (“code d’anomalie”)

“heavy diesel commercial motor vehicle” has the same meaning as in Regulation 628 (Vehicle Permits) made under the Highway Traffic Act; (“véhicule utilitaire diesel lourd”)

“Ministry of Transportation” means the Ministry of the Minister of Transportation or such other member of the Executive Council to whom the responsibility for the administration of the Highway Traffic Act respecting section 7 of that Act may be assigned or transferred under the Executive Council Act; (“ministère des Transports”)

“model year” means the model year of a motor vehicle set out in the vehicle permit issued by the Ministry of Transportation under the Highway Traffic Act; (“année modèle”)

“motor vehicle” has the same meaning as in subsection 1 (1) of the Highway Traffic Act; (“véhicule automobile”)

“OBD system” means an on-board diagnostic system, which is a computer-based system that controls and monitors the performance of major powertrain and emission control systems and associated control modules; (“système de diagnostic embarqué”)

“vehicle emissions report” means a vehicle emissions report referred to in section 13. (“rapport des émissions du véhicule”) O. Reg. 457/19, s. 1; O. Reg. 183/22, s. 1

2. - 9. Revoked: O. Reg. 183/22, s. 2.

Heavy Diesel Commercial Motor Vehicles —Emissions Testing and Report

Who may issue vehicle emissions report

10. (1) A person is authorized to issue a vehicle emissions report for heavy diesel commercial motor vehicles if the person,

(a) has successfully completed, within the previous 24 months, a course satisfactory to the Director with respect to the testing of air emissions and OBD systems of heavy diesel commercial motor vehicles; and

(b) has not been given a notice referred to in subsection (2).

(2) The Director may give a notice to a person mentioned in subsection (1) if the Director is of the opinion that the person is incompetent or otherwise unfit to issue a vehicle emissions report for heavy diesel commercial motor vehicles and may, in the notice, require the person to successfully complete one or more courses specified by the Director to address the incompetence or unfitness.

(3) Before the Director gives a notice to a person under subsection (2), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director within the seven-day period after the draft is given.

Where testing must take place

11. Testing for the purpose of a vehicle emissions report must take place at a facility that is the subject of an agreement, entered into between a business and the Crown, known as,

(a) a Heavy Duty Diesel Vehicle Emissions Test Facility Performance Contract; or

(b) a Mobile Heavy Duty Diesel Vehicle Emissions Test Facility Performance Contract.

Preconditions for test

12. A heavy diesel commercial motor vehicle shall not be tested for the purpose of a vehicle emissions report if any of the following circumstances apply:

1. The vehicle has visible emissions for more than five seconds in any one-minute period.

2. The vehicle has a missing fuel cap or fuel cap that fits improperly.

3. The vehicle has exhaust leaks.

4. The motor governor fails, malfunctions or is maladjusted.

5. The vehicle identification number is missing or does not match the vehicle permit.

6. There is an inability to connect to the data link connector, such as because there is a device attached to the data link connector.

7. The testing may cause a risk to health or safety.

8. The testing may cause damage to equipment, to property or to the vehicle.

Conditions for vehicle emissions report indicating a pass

13. (1) A person who is authorized to issue a vehicle emissions report, and who tests a heavy diesel commercial motor vehicle, shall issue a vehicle emissions report indicating a pass to a person who owns or has management or control of the vehicle only if the following criteria are met:

1. No more than three non-continuous monitors of the vehicle’s OBD systems are “Not Ready” or “non prêt”.

2. One of the following scenarios is true:

i. The malfunction indicator light is commanded off.

ii. The malfunction indicator light is commanded on, and no OBD system has an active, emission-related DTC.

3. If the vehicle were operated, the opacity of the vehicle’s emissions would not exceed the percentage specified in Column 2 opposite vehicles of that model year in Column 1 of the following Table:

TABLE

Item

Column 1
Model Year of Heavy Diesel Vehicle

Column 2
Opacity Percentage

1.

1990 and older

If the vehicle is not a school bus, 40%
If the vehicle is a school bus, 30%

2.

1991 to 2007

30%

3.

2008 and newer

20%

O. Reg. 457/19, s. 19 (1); O. Reg. 44/20, s. 1; O. Reg. 525/20, s. 1; O. Reg. 183/22, s. 3.

(2) A monitor shall not count for the purpose of paragraph 1 of subsection (1), if the monitor is listed as an excluded monitor in the document entitled “On-Board Diagnostic Monitor Readiness Exemption List”, as it may be amended from time to time, available on a website of the Government of Ontario. O. Reg. 457/19, s. 19 (1); O. Reg. 44/20, s. 1; O. Reg. 525/20, s. 1.

(3) Paragraphs 1 and 2 of subsection (1) do not apply in the following cases:

1. The vehicle has a manufacturer’s gross weight rating of more than 6,350 kilograms.

2. The vehicle has a model year that is before 2007.

3. The OBD system is not able to communicate with an on-board diagnostic test unit, and one of the following criteria is met:

i. The vehicle has been identified on the list entitled “Heavy Diesel Commercial Motor Vehicle On-Board Diagnostic Non-Communication Exemption List”, as it may be amended from time to time, available on a website of the Government of Ontario.

ii. An alternate on-board diagnostic scan tool is able to communicate with the OBD system, and the person authorized to issue a vehicle emissions report informs the Director of the vehicle’s vehicle identification number. O. Reg. 457/19, s. 19 (1); O. Reg. 44/20, s. 1; O. Reg. 525/20, s. 1.

(4) For the purpose of this section, if there is reason to believe that the model year of the motor differs from the model year of the vehicle, the Director may give written notice to the owner of the vehicle that this section applies as if the model year of the vehicle is the model year of the motor. O. Reg. 457/19, s. 19 (1); O. Reg. 44/20, s. 1; O. Reg. 525/20, s. 1.

Test procedure, etc.

14. For the purpose of section 13,

(a) testing the OBD system must be performed using the equipment and procedures set out in the agreements mentioned in section 11 that are applicable to the vehicle being tested; and

(b) testing compliance with paragraph 3 of subsection 13 (1) must be performed using the procedure set out in the document entitled “Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles”, also known as “SAE J1667”, published by the Society of Automotive Engineers, dated February 1996, or a procedure that, in the opinion of the Director, is equivalent. O. Reg. 457/19, s. 14; O. Reg. 183/22, s. 4.

Vehicle that cannot be tested

15. (1) The Director may, on request, make a determination as to whether it is not reasonably possible to test a vehicle.

(2) If the Director determines that it is not reasonably possible to test the vehicle, the Director shall notify the Ministry of Transportation that it is not reasonably possible to test the vehicle.

False reports

16. No person shall create, distribute or use a document or permit the creation, distribution or use of a vehicle emissions report that indicates a pass if the criteria set out in section 13 are not met or if the vehicle has not been tested for compliance in accordance with this Regulation. O. Reg. 457/19, s. 16, 19 (2); O. Reg. 44/20, s. 1; O. Reg. 525/20, s. 1.

Miscellaneous

Service of vehicle emissions reports

17. A vehicle emissions report 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 report with the driver of any of the vehicles. O. Reg. 183/22, s. 5.

18. Revoked: O. Reg. 183/22, s. 6.

19. Omitted (provides for amendments to this Regulation) O. Reg. 457/19, s. 19; O. Reg. 44/20, s. 1; O. Reg. 525/20, s. 1.

20. Omitted (revokes other Regulations).

21. Omitted (provides for coming into force of provisions of this Regulation).

 

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