6. Evidence of Conformity

The planned regulations will identify the records respecting the evidence of conformity that must be provided upon request.¹⁹

For a vehicle or engine that is covered by an EPA certificate of conformity and that is sold concurrently in Canada and in the U.S., the evidence of conformity will be

1. a copy of the EPA certificate of conformity;
2. a document demonstrating that the vehicle or engine is sold in the U.S. during the model year;
3. a copy of the records submitted to the EPA when applying to obtain a certificate of conformity; and
4. the U.S. EPA engine information label affixed to the vehicle or engine.

For a vehicle or engine that is not covered by an EPA certificate of conformity or that is not sold concurrently in Canada and in the U.S., the evidence of conformity shall be obtained and produced in a form and manner that is satisfactory to the Minister. This evidence will be expected to be comparable to that specified under items (3) and (4) of the previous paragraph.

A company will be required to provide the evidence of conformity in respect of any vehicle or engine only upon request from the Minister. This request can apply to vehicles or engines manufactured in the eight years preceding the request and evidence of conformity must be provided in either official language within 40 days after the request is delivered. If the evidence of conformity must be translated from a language other than French or English, the company has 60 days to provide the evidence.

While the planned regulations will not oblige a company to maintain these records in Canada, there is an obligation to make them available on request. Accordingly, companies will have to ensure that the necessary arrangements are in place to fulfill this obligation.

¹⁹ The requirements regarding evidence of conformity will be similar to sections 16 to 18 of Off-Road Small Spark-Ignition Engine Emission Regulations.