O. Reg. 343/01: MOTOR VEHICLES

 

ontario regulation 343/01

made under the

Environmental protection act

Made: August 29, 2001
Filed: August 30, 2001
Printed in The Ontario Gazette: September 15, 2001

Amending O. Reg. 361/98

(Motor Vehicles)

Note: Since the end of 2000, Ontario Regulation 361/98 has been amended by Ontario Regulations 78/01 and 237/01.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.

1. (1) Subsection 1 (1) of Ontario Regulation 361/98 is amended by adding the following definition:

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

(2) The definition of “emissions inspection report” in subsection 1 (1) of the Regulation is revoked and the following substituted:

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

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

“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;

(4) The definition of “Greater Toronto Area” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“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;

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

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

(6) The definition of “kit car” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“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;

(7) The definition of “light duty truck” in subsection 1 (1) of the Regulation is revoked.

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

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

(9) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“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;

(10) The definition of “passenger vehicle” in subsection 1 (1) of the Regulation is revoked.

(11) The definition of “urban and commuter areas” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“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.

(12) Subsection 1 (2) of the Regulation is revoked and the following substituted:

(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.

2. The Regulation is amended by adding the following section:

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.

(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.

(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).

(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; or

(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.

(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.

(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.

(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.

3. Section 2 of the Regulation is revoked and the following substituted:

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.

(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.

(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).

(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.

(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.

(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.

(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.

(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.

(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.

4. Subsection 3 (3) of the Regulation is amended by striking out “every van, truck or bus operating in Ontario whose GVWR is greater than 4,500 kg” at the end and substituting “every heavy vehicle”.

5. (1) Subsection 6 (1) of the Regulation is amended by striking out “a motor vehicle with a GVWR of 4,500 kg or less” and substituting “a light vehicle”.  

(2) Subsection 6 (2) of the Regulation is amended by striking out “a motor vehicle with a GVWR of more than 4,500 kg” and substituting “a heavy vehicle”.  

6. Section 7 of the Regulation is revoked and the following substituted:

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.

(2) Every motor vehicle for which emission standards are prescribed in this section shall comply with those standards.

(3) No person shall operate or cause or permit the operation of a motor vehicle that does not comply with subsection (2).

7. Subsection 8 (1) of the Regulation is amended by striking out “a passenger vehicle or light duty truck” and substituting “a light vehicle”.  

8. (1) Clause 9 (1) (a.1) of the Regulation is revoked and the following substituted:

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

(2) Clause 9 (1) (b) of the Regulation is revoked and the following substituted:

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

(3) Subsections 9 (3), (4) and (5) of the Regulation are revoked.

(4) Subsection 9 (6) of the Regulation is revoked and the following substituted:

(6) For 2001 and 2002, the maximum emission standards prescribed for motor vehicles in subsection (7.1), multiplied by 1.30, are prescribed for those vehicles in the Greater Toronto Area, the urban and commuter areas and the expanded program area.

(6.1) Subsection (6) only applies to the expanded program area after June 30, 2002.

(5) Subsections 9 (7) and (7.1) of the Regulation are revoked and the following substituted:

(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.

(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.

(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.

(6) Subsection 9 (7.2) of the Regulation is amended by striking out “the transient dynamometer test” and substituting “the dynamometer test”.

(7) Subsection 9 (7.3) of the Regulation is revoked and the following substituted:

(7.3) If a maximum emission standard is prescribed for a motor vehicle in subsection (6), (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.

(8) Subsection 9 (7.5) of the Regulation is revoked.

(9) Subsections 9 (10), (10.1), (10.2), (11), (12) and (13) of the Regulation are revoked.

(10) Subsection 9 (13.1) of the Regulation is amended by striking out “Subject to subsections (10) to (13)” at the beginning.

9. The Regulation is amended by adding the following sections:

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.

(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).

(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.

(4) In the case of a vehicle in the urban and commuter areas, the references to $450 in paragraph 2 of subsection (1) shall be deemed to be references to $200 until January 1, 2003.

(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.

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.

(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).

(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.

10. Subsections 10 (1), (1.1) and (1.2) of the Regulation are revoked and the following substituted:

(1) This section applies with respect to a heavy vehicle that operates on a fuel other than diesel fuel.

11. (1) Subsections 11 (1), (2) and (3) of the Regulation are revoked and the following substituted:

(1) This section applies with respect to a light vehicle that operates on diesel fuel.

(2) The maximum emission standard set out in Table 11 of the Drive Clean Guide for a year and an area is prescribed for motor vehicles in that area for that year.

(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.

(2) Section 11 of the Regulation is amended by adding the following subsection:

(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.

12. Subsections 12 (1), (1.1) and (1.2) of the Regulation are revoked and the following substituted:

(1) This section applies with respect to a heavy vehicle that operates on diesel fuel.

13. Subsection 13 (1) of the Regulation is amended by striking out “by written notice in Form 1” and substituting “by written notice in a form approved by the Minister”.

14. The Schedule to the Regulation is revoked and the following substituted:

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.

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. 

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.

15. Form 1 of the Regulation is revoked.