O. Reg. 356/17: MOTOR VEHICLES

 

ontario regulation 356/17

made under the

Environmental Protection Act

Made: August 30, 2017
Filed: September 1, 2017
Published on e-Laws: September 5, 2017
Printed in The Ontario Gazette: September 16, 2017

Amending O. Reg. 361/98

(MOTOR VEHICLES)

1. (1) The definition of “emissions inspection report” in subsection 1 (1) of Ontario Regulation 361/98 is amended by adding “or (7.1)” at the end.

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“remote OBD test provider” means a person who has been accredited by the Director as a remote on-board diagnostic system test provider;

2. (1) Subsection 1.1 (3.1.1) of the Regulation is amended by striking out “described subsections” and substituting “described in subsection”.

(2) Subsection 1.1 (3.1.2) of the Regulation is amended by striking out “subsections” and substituting “subsection”.

(3) Subsection 1.1 (3.2) of the Regulation is revoked.

(4) Clause 1.1 (4) (d) of the Regulation is amended by striking out “subsections” and substituting “subsection”.

3. (1) Section 2 of the Regulation is amended by adding the following subsection:

(5.1) Despite subsection (2), a remote OBD test provider may determine a light vehicle’s compliance with the on-board diagnostic system test standards prescribed in subsection 9.0.1 (3) if the vehicle has an electronic vehicle identification number assigned to it by the manufacturer of the vehicle. Testing under this subsection may, despite subsection (5) of this section, take place at any location.

(2) Subsection 2 (7) of the Regulation is revoked and the following substituted:

(7) If testing conducted by a Drive Clean inspector at an Ontario Drive Clean testing facility in accordance with this Regulation confirms compliance with standards prescribed in section 7, 8, 9.0.1, 10, 11 or 12, the facility may issue a report indicating that the vehicle complies with the standards.

(7.1) If testing conducted by a remote OBD test provider in accordance with subsection 9.0.1 (4) confirms compliance with standards prescribed in subsection 9.0.1 (3), the provider may issue a report indicating that the vehicle complies with the standards.

(3) Subsection 2 (9) of the Regulation is revoked and the following substituted:

(9) A person is exempt from subsection 22 (3) and section 23 of the Act and from sections 5, 6 and 7 of this Regulation if, with the consent of the Director, the person alters a vehicle and either,

(a) 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; or

(b) uses the services of a remote OBD test provider for the purpose of assessing the quality of the services provided by the remote OBD test provider.

4. (1) Subsection 9.0.1 (5) of the Regulation is amended by striking out “Subject to subsection (6)” at the beginning.

(2) Subsection 9.0.1 (6) of the Regulation is revoked.

Commencement

5. This Regulation comes into force on the later of September 15, 2017 and the day it is filed.