O. Reg. 237/01: MOTOR VEHICLES

 

ontario regulation 237/01

made under the

Environmental protection act

Made:  June 20, 2001
Filed:  June 22, 2001
Printed in The Ontario Gazette: July 7, 2001

Amending O. Reg. 361/98

(Motor Vehicles)

Note: Since the end of 2000, Ontario Regulation 361/98 has been amended by Ontario Regulation 78/01.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.

1. (1) Subsections 9 (10) and (10.1) of Ontario Regulation 361/98 are revoked and the following substituted:

(10) Despite subsection (9), a motor vehicle need not comply with the emission standards prescribed in this section if all of the following criteria are satisfied:

1. The motor vehicle is tested and the test results indicate non-compliance with the prescribed standards.

2. After the test,

i. the vehicle is taken to a repair facility that has been provided with a copy of the test results and work costing at least as much as the repair cost limit has been performed to bring the vehicle more nearly into compliance with the maximum emission standards, or

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

A. no work costing less than the repair cost limit 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 the repair cost limit to bring the vehicle more nearly into compliance with the maximum emission standards.

3. Within 60 days after the date of the test, the motor vehicle is returned to a 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.

(10.1) The exemption provided by subsection (10) applies only until the earlier of the following days:

1. The day that is 24 months after the retest that is required under paragraph 3 of subsection (10).

2. The day on which the motor vehicle is next tested after the retest required under paragraph 3 of subsection (10).

(10.2) For the purposes of subsection (10), the repair cost limit is determined under the following rules:

1. For the Greater Toronto area, the repair cost limit is,

i. $200 for 1999, 2000 and the first six months of 2001, and

ii. $450 after June 30, 2001.

2. For urban and commuter areas, the repair cost limit is,

i. $200 for 2001 and 2002, and

ii. $450 for 2003 and subsequent years.

(2) Subsection 9 (12) of the Regulation is revoked and the following substituted:

(12) The exemption provided by subsection (11) applies only until the earlier of the following days:

1. The day that is 24 months after the motor vehicle is returned to a testing facility under paragraph 3 or 4 of subsection (11).

2. The day on which the motor vehicle is next tested after the later of,

i. the day the testing facility records the opinions under paragraph 3 of subsection (11), or

ii. the day the vehicle is retested under paragraph 4 of subsection (11).

2. This Regulation comes into force on July 1, 2001.