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Rental rate and Exemption

21. The annual rental rate to be paid to a company by the Minister under subsection 159(1) of the Act, prorated on a daily basis for each day that an engine is made available, is 12% of the manufacturer's suggested retail price of the engine.

22. A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall submit in writing to the Minister

  • (a) its name, street address and, if different, its mailing address;
  • (b) the province or country under the laws of which it is established;
  • (c) the section number, title and text or substance of the standards from which an exemption is sought;
  • (d) the duration requested for the exemption;
  • (e) the estimated number of engines for which the exemption is sought and an estimate of the changes in the level of emissions if the exemption is granted;
  • (f) the reason for requesting the exemption, including technical and financial information that demonstrates in detail why conformity to the standards would

    • (i) create substantial financial hardship for the company,
    • (ii) impede the development of new features for emission monitoring or emission control that are equivalent or superior to those that conform to prescribed standards, or
    • (iii) impede the development of new kinds of engines or engine systems or components;
  • (g) if the basis of the application is substantial financial hardship,

    • (i) the world production of engines manufactured by the company or by the manufacturer that is the subject of the application in the 12-month period beginning two years before the start of the exemption period being sought, and
    • (ii) the total number of engines manufactured for, or imported into, the Canadian market in the 12-month period beginning two years before the start of the exemption period being sought;
  • (h) if the company is requesting that information submitted be treated as confidential under section 313 of the Act or otherwise, the reasons for the request; and
  • (i) the reasons why the granting of the exemption would be in the public interest and consistent with the objectives of the Act.

23. (1) In the case of a model of engine in respect of which the Governor in Council has, by order, granted an exemption under section 156 of the Act, a label shall be permanently applied immediately next to the national emissions mark or, if there is no national emissions mark, in a location described in subsection 7(3) and shall be resistant to or protected against any weather conditions.

(2) The label referred to in subsection (1) shall set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the exemption order.

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2022-10-04

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