CONSOLIDATION

Locomotive Emissions Regulations

SOR/2017-121

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Locomotive Emissions Regulations

Interpretation 1

Definitions

Purpose 2

Protection of environment

Emission Standards, Testing and Labelling Application 3

Application — sections 4 to 9

Emission Standards Exhaust Emissions 4

Prohibition — placing into service

Smoke Emissions 5

Prohibition — placing into service

Crankcase Emissions 6

Prohibition — crankcase emissions

Testing 7

Initial testing

Test procedures

Labelling 9

Locomotive engine label and locomotive label

Idling 10

Prohibition — idling

Records and Information 11

Application — exception

Contents of Record 12

Contents of record — total fleet

Initial Report 13

Filing of initial report

Annual Report 14

Filing of annual report

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ii

Locomotive Emissions Regulations TABLE OF PROVISIONS

In-use Test Report 15

Filing of in-use test report

Incidental Operations Report 16

Filing of incidental operations report

Report Certification 17

Certification

Keeping of Records and Information 18

Records — duration

Consequential Amendment to the Transportation Information Regulations Coming into Force 20

Registration

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iv

Registration SOR/2017-121

June 9, 2017

RAILWAY SAFETY ACT Locomotive Emissions Regulations P.C. 2017-705

June 9, 2017

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 47.1(2)a of the Railway Safety Actb, makes the annexed Locomotive Emissions Regulations.

a

S.C. 2012, c. 7, s. 37

b

R.S., c. 32 (4th Supp.)

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Locomotive Emissions Regulations

Interpretation Definitions 1 (1) The following definitions apply in these Regulations. active fleet means all of the locomotives being used by a railway company for its railway operations in Canada. (parc de locomotives actives) CFR means Part 1033, or any other part that is specified, of Title 40 of the Code of Federal Regulations of the United States, as amended from time to time. (CFR) crankcase emissions means substances emitted into the atmosphere from any portion of the ventilation or lubrication system of a locomotive crankcase. The crankcase is the housing for the crankshaft and other related internal parts. (émissions du carter) EPA means the United States Environmental Protection Agency. (EPA) EPA certificate means a certificate of conformity to United States federal standards that is issued by the EPA under the CFR. (certificat de l’EPA) exhaust emissions means substances emitted into the atmosphere from any opening that is downstream from the exhaust port or exhaust valve of a locomotive engine. (émissions de gaz d’échappement) family emission limit means the maximum level of nitrogen oxides or particulate matter, or the maximum combined level of nitrogen oxides and hydrocarbons, that a locomotive covered by an EPA certificate issued under Part 1033 or Part 92 of the CFR, as applicable, and belonging to an engine family may emit under paragraph 4(5)(b). The family emission limit is determined by the manufacturer or remanufacturer of the locomotive in accordance with Subpart H of the CFR or Subpart D of Part 92 of the CFR, as applicable, and is set out in the EPA certificate issued under Part 1033 or Part 92 of the CFR, as applicable. (limite d’émissions de la famille de moteurs) freshly manufactured locomotive means a locomotive that contains less than 25 percent previously used parts. (locomotive nouvellement construite)

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Locomotive Emissions Regulations Interpretation Section 1

incidental operations means the operation of locomotives by a railway company in the case where (a) the locomotives cross the border between Canada and the United States; (b) the company’s locomotives that are operated in

Canada operate for a distance of not more than 40.23 km (25 miles) in one direction on a line of railway inside Canada; and (c) in the calendar year preceding any day on which the conditions set out in paragraphs (a) and (b) are met, the operating time of the company’s locomotives in Canada represented an average of less than five percent of the total operating time of all of its locomotives. (exploitation accessoire)

line-haul locomotive means a locomotive that has a total rated power of more than 1 715 kW (2,300 horsepower). (locomotive de ligne) locomotive means a self-propelled piece of on-track railway equipment that is designed for moving or propelling railway cars that are designed to carry freight, other equipment, or passengers, but that itself is not designed to carry freight, other equipment, or passengers other than those operating the locomotive. It does not include railway equipment that (a) is constructed for movement both on and off lines of railway; (b) is powered by a steam engine; (c) is powered only by an external source of electricity; (d) is designed primarily for use in maintenance, construction, the post-accident recovery of equipment, repairs or other similar uses; (e) has a total rated power of less than 750 kW (1,006 horsepower); or (f) is operated solely for the purposes of exhibition,

demonstration, evaluation or testing. (locomotive) locomotive engine means an engine that propels a locomotive. (moteur de locomotive) new locomotive means (a) a freshly manufactured locomotive; (b) a remanufactured locomotive;

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Locomotive Emissions Regulations Interpretation Section 1

(c) an upgraded locomotive; or (d) an imported locomotive. (locomotive nouvelle)

particulate matter means respirable particulate matter with a diameter of less than or equal to 10 microns. (particules) percent previously used parts means the percentage, calculated in accordance with paragraph 1033.640(c) of the CFR, that represents the total dollar value of the previously used parts of the locomotive relative to the total dollar value of the unused parts and previously used parts of the locomotive. (% de pièces usagées) permanently removed, in respect of a locomotive, means removed from the total fleet as a result of having been scrapped, sold or destroyed. (retirée de façon permanente) place into service means to place a new locomotive into initial operation or to permit the placement of a new locomotive into initial operation. (mettre en service) power assembly means, in respect of a locomotive engine, a module in which the combustion of fuel occurs, which consists of the cylinder, the piston and piston rings, the valves and ports for the admission of charge air and the discharge of exhaust gases, the fuel injection components and controls, and the cylinder head and its associated components. (ensemble de puissance) refurbished locomotive means a locomotive that contains less than 50 percent previously used parts. (locomotive remise à neuf) remanufactured locomotive means a locomotive that was originally manufactured after December 31, 1972, that contains more than 25 percent previously used parts and that (a) has had, whether during a single maintenance event or cumulatively within a five-year period, each power assembly (i) replaced, or (ii) inspected and qualified for use; (b) has been converted to enable it to operate using a fuel other than a fuel it was originally manufactured to use; (c) is a repowered locomotive; or

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Locomotive Emissions Regulations Interpretation Section 1

(d) is a previously used locomotive into which a remanufactured locomotive (locomotive reconstruite)

engine

is

installed.

remanufactured locomotive engine means a locomotive engine that (a) has had, whether during a single maintenance

event or cumulatively within a five-year period, each power assembly (i) replaced, or (ii) inspected and qualified for use; (b) has been converted to enable it to operate using a fuel other than a fuel it was originally manufactured to use; or (c) in the case of a locomotive engine that does not contain power assemblies, has been repaired to a condition that is equivalent to or better than its original condition with respect to reliability and fuel consumption. (moteur de locomotive reconstruit)

repowered locomotive means a previously used locomotive whose engine has been replaced with a locomotive engine that has never been remanufactured and that has never been installed in a locomotive. (locomotive réalimentée) service life means the total life of a locomotive. Service life begins when the locomotive is originally manufactured and ends when the locomotive is permanently removed from service. (durée de service) switch locomotive means a locomotive that has a total rated power of 1 715 kW (2,300 horsepower) or less. (locomotive de manœuvres) tier of standards means the tier of standards set out in Tables 1 to 3 to section 1033.101 of the CFR that applies in respect of a locomotive according to its year of original manufacture. (niveau des normes) total fleet means the active fleet of a railway company plus all of the locomotives that it has put in storage in Canada. (parc total de locomotives) upgraded locomotive means a locomotive that was originally manufactured before January 1, 1973 and that is (a) a repowered locomotive; or

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Locomotive Emissions Regulations Interpretation Section 1

(b) a refurbished locomotive that contains more than 25 percent previously used parts. (locomotive mise à niveau)

useful life means the period during which an emission standard applies in respect of a locomotive or locomotive engine, as determined in accordance with paragraph 1033.101(g) of the CFR. (durée de vie utile) year of original manufacture means the calendar year of the date of original manufacture of a locomotive, as determined in accordance with subsection (3). (année de construction initiale)

Total rated power (2) The total rated power of a locomotive is equal (a) in the case of a locomotive propelled by only one engine, to its rated power, which is determined in accordance with the provisions of section 1033.140 of the CFR; and (b) in the case of a locomotive propelled by more than

one engine, to the sum of the rated power of each of its engines, including any permanently installed auxiliary engine that can be operated while the main propulsion engine is operating but not including an auxiliary engine that operates only to reduce the idling time of the main propulsion engine.

Date of original manufacture (3) The date of original manufacture of a locomotive is (a) in the case of a locomotive that has been assembled only once, the date on which the assembly was completed; (b) in the case of a switch locomotive that has been assembled more than once, the date of completion of the most recent assembly of the locomotive that resulted in the locomotive containing less than 25 percent previously used parts; (c) in the case of a line-haul locomotive that has been

assembled more than once, the date of completion of

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Locomotive Emissions Regulations Interpretation Sections 1-3

the most recent assembly of the locomotive that resulted in the locomotive containing less than 50 percent previously used parts; and (d) in the case of an upgraded locomotive, January 1, 1973.

Purpose Protection of environment 2 The purpose of these Regulations is to (a) reduce emissions of nitrogen oxides, particulate matter, hydrocarbons, carbon monoxide and smoke resulting from the operation of locomotives; and (b) establish emission standards and test procedures

for locomotives.

Emission Standards, Testing and Labelling Application Application — sections 4 to 9 3 (1) Subject to subsections (2) to (5), sections 4 to 9 apply in respect of a new locomotive for the duration of its useful life if the locomotive is placed into service on or after the day on which these Regulations come into force.

Exception — locomotive covered by EPA certificate (2) If a new locomotive placed into service on or after the day on which these Regulations come into force is covered by an EPA certificate that sets out family emission limits, section 4 applies in respect of the locomotive for the duration of its service life.

Exception — remanufactured locomotive (3) Sections 4 to 9 do not apply in respect of a new locomotive placed into service on or after the day on which these Regulations come into force if the locomotive (a) is a remanufactured locomotive; (b) is operated by a railway company that has realized

gross revenues of $30 million or less for the provision of rail transportation services in Canada in each of the two calendar years before the year in which the locomotive is placed into service;

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Locomotive Emissions Regulations Emission Standards, Testing and Labelling Application Sections 3-4

(c) is not covered by an EPA certificate; and (d) is operated for the provision of freight rail transportation services or tourist and excursion rail transportation services.

Exception — nonroad engines (4) Sections 4 to 9 do not apply in respect of a new locomotive that is a switch locomotive placed into service on or after the day on which these Regulations come into force if the locomotive (a) is equipped with a nonroad engine within the meaning of the definition of nonroad in section 1033.901 of the CFR; (b) is covered by an EPA certificate issued under Part 89 or Part 1039 of the CFR, as applicable; and (c) is affixed with the EPA locomotive label set out in paragraph 1033.150(e)(4) of the CFR and the EPA engine label set out in section 1039.135 of Part 1039 of the CFR or section 89.110 of Part 89 of the CFR, as applicable.

Exception — incidental operations (5) Sections 4 to 9 do not apply in respect of a new locomotive placed into service on or after the day on which these Regulations come into force if the locomotive is operated by a railway company as part of incidental operations.

Emission Standards Exhaust Emissions Prohibition — placing into service 4 (1) A railway company must not place into service a

locomotive unless, when tested in accordance with section 8, the locomotive conforms to the applicable exhaust emission standards set out in Tables 1 and 2 to section 1033.101 of the CFR and in paragraph 1033.101(f)(1) of the CFR.

Alternate standards — carbon monoxide and particulate matter (2) Despite subsection (1), when tested in accordance

with section 8, the locomotive placed into service by the railway company may conform to the alternate carbon

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Locomotive Emissions Regulations Emission Standards, Testing and Labelling Emission Standards Exhaust Emissions Section 4

monoxide and particulate matter emissions standards set out in paragraph 1033.101(i) of the CFR instead of the applicable carbon monoxide and particulate matter emission standards set out in Tables 1 and 2 to section 1033.101 of the CFR. Exception — EPA certificate and labels (3) Subsections (1) and (2) do not apply in respect of a

locomotive that is covered by an EPA certificate and that is affixed with the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR. Prohibition — operating without EPA certificate or with EPA certificate that does not set out family emission limits (4) If a locomotive is not covered by an EPA certificate or

is covered by an EPA certificate but one that does not set out family emission limits, a railway company must not operate the locomotive after the locomotive has been placed into service unless, when tested in accordance with section 8, the locomotive conforms to the applicable exhaust emission standards set out in Tables 1 and 2 to section 1033.101 of the CFR and in paragraph 1033.101(f)(1) of the CFR.

Prohibition — operating with EPA certificate that sets out family emission limits (5) If a locomotive is covered by an EPA certificate that

sets out family emission limits, a railway company must not operate the locomotive after the locomotive has been placed into service unless, when tested in accordance with section 8, the locomotive conforms to (a) the applicable exhaust emission standards set out

in Tables 1 and 2 to section 1033.101 of the CFR and in paragraph 1033.101(f)(1) of the CFR for which there are no family emission limits; and (b) the family emission limits.

Alternate standards — carbon monoxide and particulate matter (6) Despite subsection (4) or (5), when tested in accordance with section 8, a locomotive referred to in subsection (4) or (5) may conform to the alternate carbon monoxide and particulate matter emissions standards set

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Locomotive Emissions Regulations Emission Standards, Testing and Labelling Emission Standards Exhaust Emissions Sections 4-6

out in paragraph 1033.101(i) of the CFR instead of the applicable carbon monoxide and particulate matter emission standards set out in Tables 1 and 2 to section 1033.101 of the CFR. Footnotes (7) For the purposes of this section, footnotes d and e to

Table 1 to section 1033.101 of the CFR and footnotes b and c to Table 2 to that section do not apply.

Smoke Emissions Prohibition — placing into service 5 (1) A railway company must not place into service a

locomotive unless, when tested in accordance with section 8, the locomotive conforms to the smoke standards set out in Table 3 to section 1033.101 of the CFR that correspond to the locomotive’s tier of standards.

Exceptions to subsection (1) (2) Subsection (1) does not apply in respect of a locomotive that (a) is covered by an EPA certificate and is affixed with

the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR; or (b) emits 0.05 grams per brake horsepower-hour of particulate matter or less.

Prohibition — operating (3) A railway company must not operate a locomotive after the locomotive has been placed into service unless, when tested in accordance with section 8, the locomotive conforms to the applicable smoke standards set out in Table 3 to section 1033.101 of the CFR.

Exception to subsection (3) (4) Subsection (3) does not apply in respect of a locomotive that emits 0.05 grams per brake horsepower-hour of particulate matter or less.

Crankcase Emissions Prohibition — crankcase emissions 6 (1) A railway company must not operate a locomotive

that releases crankcase emissions directly into the atmosphere.

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Locomotive Emissions Regulations Emission Standards, Testing and Labelling Emission Standards Crankcase Emissions Sections 6-7

Exception — testing (2) Subsection (1) does not apply in respect of a locomotive in the case where crankcase emissions are added physically or mathematically to the exhaust emissions when tested in accordance with section 8 and with paragraph 1033.115(a)(1) of the CFR.

Exception — treated crankcase emissions (3) When crankcase emissions are routed to the exhaust

upstream of the exhaust aftertreatment, the release is deemed not to be a direct release into the atmosphere.

Exception — EPA certificate and labels (4) Subsections (1) to (3) do not apply in respect of a locomotive that is covered by an EPA certificate and that is affixed with the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR.

Testing Initial testing 7 (1) A railway company must test a locomotive in accordance with section 8 before placing the locomotive into service. Exception (2) Subsection (1) does not apply in respect of a locomotive that is covered by an EPA certificate and is affixed with the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR.

In-use testing (3) In every calendar year beginning with the 2019 calendar year, a railway company that has realized gross revenues of $250 million or more for the provision of rail transportation services in Canada in each of the two preceding calendar years must test, in accordance with section 8, a sample of locomotives that is determined in accordance with subsections (4) to (6).

In-use test sample characteristics (4) Each locomotive in the sample referred to in subsection (3) must (a) be operated in the provision of freight rail transportation services;

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Locomotive Emissions Regulations Emission Standards, Testing and Labelling Testing Sections 7-9

(b) not have been tested in the previous calendar year;

and (c) be at more than 50 percent of its useful life at the time of testing.

In-use test sample size (5) The number of locomotives that the railway company

must test under subsection (3) is the number determined by multiplying 0.00075 by the number of locomotives that meet all of the following conditions: (a) they were part of the active fleet of the railway

company on December 31 of the previous calendar year; (b) they are subject to the exhaust emissions standards referred to in section 4; (c) they have the characteristics set out in paragraphs

(4)(a) to (c). Rounding up (6) If the multiplication set out in subsection (5) results

in a product that is a fraction, the product is to be rounded up to the next whole number. Testing required by Minister (7) The Minister may require a railway company to test

any locomotive that it operates, if the Minister determines that it is necessary to do so in order to ascertain whether the locomotive conforms to section 4 or 5. Test procedures 8 A locomotive tested for conformity to section 4 or 5 must be tested in accordance with the test procedures set out in Subpart F of the CFR.

Labelling Locomotive engine label and locomotive label 9 (1) Subject to subsections (2) to (4), a railway company must not operate a locomotive unless (a) the locomotive engine or locomotive engines are affixed with a label containing the following information: (i) the heading “Engine Emission Control Information”, the heading “Renseignements sur le contrôle des émissions du moteur” or a bilingual heading consisting of both headings,

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Locomotive Emissions Regulations Emission Standards, Testing and Labelling Labelling Section 9

(ii) the full corporate name of the locomotive engine manufacturer or remanufacturer, as the case may be, (iii) a statement that identifies the tier of standards

to which the locomotive must conform and that indicates whether the locomotive is a line-haul locomotive or a switch locomotive, (iv) the exhaust emission standards to which the

locomotive engine must conform under section 4, and (v) the useful life of the locomotive; and (b) the locomotive is affixed with a label containing

the following information: (i) the heading “Original Locomotive Emission

Control Information”, the heading “Renseignements sur le contrôle des émissions de la locomotive initiale” or a bilingual heading consisting of both headings, (ii) the full corporate name of the locomotive manufacturer or remanufacturer, as the case may be, (iii) a statement that identifies the tier of standards

to which the locomotive must conform and that indicates whether the locomotive is a line-haul locomotive or a switch locomotive, (iv) the exhaust emission standards to which the

locomotive must conform under section 4, and (v) date of original manufacture of the locomotive.

Exception to subsection (1) (2) Subsection (1) does not apply in respect of a locomotive covered by an EPA certificate and affixed with the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR.

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Locomotive Emissions Regulations Emission Standards, Testing and Labelling Labelling Section 9

Additional label for refurbished locomotives (3) In addition to the labels required by subsection (1), a

refurbished locomotive must be affixed with a label containing the following information: (a) the heading “Refurbished Locomotive Emission

Control Information”, the heading “Renseignements sur le contrôle des émissions de la locomotive remise à neuf” or a bilingual heading consisting of both headings; (b) a statement that identifies the tier of standards to which the locomotive must conform and that indicates whether the locomotive is a line-haul locomotive or a switch locomotive; and (c) the exhaust emission standards to which the locomotive must conform under section 4. Exception to subsection (3) (4) Subsection (3) does not apply in respect of a refurbished locomotive covered by an EPA certificate and affixed with the EPA locomotive label set out in paragraph 1033.640(f)(3) of the CFR. Labelling (5) A label referred to in subsection (1) or (3) must (a) in the case of a label referred to in paragraph (1)(a), (i) be durable throughout the useful life of the engine, (ii) be legible and affixed to the engine in a position in which it will remain readily visible after the engine is installed in the locomotive, (iii) be affixed to an engine part that is necessary for the normal operation of the engine and that does not normally require replacement during the useful life of the locomotive, (iv) not be affixed to any equipment that is easily

detached from the engine, (v) be affixed so that it cannot be removed without being destroyed or defaced, (vi) be made up of one piece or, if all the pieces are permanently affixed to the same engine part, more than one piece, and (vii) be lettered in a colour that contrasts with the background colour of the label; and

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Locomotive Emissions Regulations Emission Standards, Testing and Labelling Labelling Sections 9-10

(b) in the case of a label referred to in paragraph

(1)(b) or subsection (3), (i) be permanently affixed to the locomotive, (ii) be legible and affixed to the locomotive in a position in which it will remain readily visible, (iii) be affixed to a locomotive chassis part that is

necessary for the normal operation of the locomotive and that does not normally require replacement during the service life of the locomotive, (iv) not be affixed to the engine or to any equipment that is easily detached from the locomotive, (v) be affixed so that it cannot be removed without

being destroyed or defaced, (vi) be made up of one piece except in the case of a locomotive whose tier of standards is 0, in which case it may be made up of more than one piece, and (vii) be lettered in a colour that contrasts with the background colour of the label.

Language (6) A label referred to in subsection (1) or (3) must be worded in English, French or both.

Idling Prohibition — idling 10 (1) Subject to subsection (2), a railway company

must ensure that the locomotives in its active fleet do not idle for more than 30 minutes.

Exceptions (2) A locomotive may idle for more than 30 minutes to

the extent that is necessary to (a) prevent locomotive engine damage, such as damage resulting from the freezing of the engine coolant; (b) maintain air pressure for the brakes or the starter

system; (c) recharge the locomotive battery; (d) heat or cool the cab, if the heating or cooling is

necessary for reasons of health and safety;

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Locomotive Emissions Regulations Idling Sections 10-12

(e) provide head end power, if necessary for reasons of passenger health and safety; (f) perform diagnostic testing and necessary maintenance; or (g) respond to an emergency.

Anti-idling policy (3) A railway company must (a) have a written anti-idling policy that reflects the railway company’s commitment to reducing locomotive idling; (b) submit the policy to the Minister together with, as

the case may be, the initial report filed under section 13 or the incidental operations report filed under section 16; (c) if an amendment is made to the policy, submit a copy of the amended version to the Minister (i) together with the annual report filed under section 14, or (ii) within 45 days after the end of each calendar

year, if the company operates its locomotives in Canada as part of incidental operations; and (d) keep a copy of the policy that was submitted in accordance with paragraph (b) and, if it was amended, a copy of the amended version.

Records and Information Application — exception 11 Sections 12 to 15 do not apply to a railway company

that operates its locomotives in Canada as part of incidental operations.

Contents of Record Contents of record — total fleet 12 (1) A railway company must keep, for each locomotive in its total fleet, a record containing the following information:

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Locomotive Emissions Regulations Records and Information Contents of Record Section 12

(a) a statement indicating whether the locomotive is a

line-haul locomotive or a switch locomotive; (b) a statement indicating the type of rail transportation service for which the locomotive is primarily operated; (c) the date of original manufacture; (d) the locomotive’s tier of standards; (e) the locomotive identification number; (f) the name of the locomotive manufacturer or remanufacturer, as the case may be; (g) the model of the locomotive; (h) the name of the locomotive engine manufacturer or remanufacturer, as the case may be; and (i) the model of the locomotive engine.

Additional information — active fleet (2) In addition to the information set out in subsection (1), for each of the locomotives in its active fleet, a railway company must include in the locomotive’s record the following information: (a) a description of the locomotive engine or locomotive engines, including the total rated power, the number of cylinders and the type of fuel; (b) the locomotive’s annual fuel consumption by type

of fuel or, in the absence of that information, the annual fuel consumption of the active fleet by type of rail transportation service and type of fuel; and (c) the useful life of the locomotive.

Additional information — new locomotives covered by EPA certificates (3) In addition to the information set out in subsections (1) and (2), for each new locomotive in its active fleet that is covered by an EPA certificate and to which the exhaust emission standards referred to in section 4 apply, a railway company must include in the locomotive’s record the following information: (a) the EPA engine family number applicable to the locomotive; (b) a statement as to whether the locomotive is an imported locomotive, a freshly manufactured locomotive, a refurbished locomotive, a remanufactured

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Locomotive Emissions Regulations Records and Information Contents of Record Section 12

locomotive or an upgraded locomotive, or any combination of these; (c) the date on which the locomotive was placed into service; and (d) any maintenance performed on the locomotive that substantially affects its emissions or that is likely to substantially affect its emissions.

Additional information — new locomotives not covered by EPA certificates (4) In addition to the information set out in subsections

(1) and (2), for each new locomotive in its active fleet that is not covered by an EPA certificate and to which the exhaust emission standards referred to in section 4 apply, a railway company must include in the locomotive’s record the following information: (a) a description of the locomotive’s anti-idling technology; (b) a description of the locomotive’s crankcase emissions handling; (c) a description of the basic engine design; (d) a description of the emission control equipment and related components and an explanation of the operation of the emission control system; (e) the results of all emissions testing; (f) the date and time of each emissions test; (g) the locomotive’s hours of operation at the time of

each test; (h) a statement indicating whether the locomotive is an imported locomotive, a freshly manufactured locomotive, a refurbished locomotive, a remanufactured locomotive or an upgraded locomotive, or any combination of these; (i) the date on which the locomotive was placed into service; and (j) any maintenance performed on the locomotive that

substantially affects its emissions or that is likely to substantially affect its emissions.

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Locomotive Emissions Regulations Records and Information Contents of Record Sections 12-14

Additional information — locomotives permanently removed from total fleet (5) In addition to the information set out in subsections

(1) to (4), as applicable, for each locomotive that is permanently removed from its total fleet, a railway company must include in the locomotive’s record the following information: (a) the date of its removal; and (b) the reasons for its removal.

Initial Report Filing of initial report 13 (1) A railway company must file with the Minister (a) in the case of a company created on or before the

day on which these Regulations come into force, a report with respect to all of the locomotives in its total fleet, as the fleet existed on that day, within 90 days after that day; and (b) in the case of a company created after the day on

which these Regulations come into force, a report with respect to each locomotive in its total fleet, as the fleet existed on the day on which the company was created, within 90 days after the day of its creation.

Contents of initial report (2) The report must contain the following information: (a) the name of the railway company, the address of

its head office and, if different, its mailing address; (b) the address of the department within the railway

company responsible for maintaining the records required under section 12; (c) the name, telephone number and email address of the contact person for the railway company; and (d) for each locomotive in its total fleet, the information set out in subsection 12(1).

Annual Report Filing of annual report 14 (1) A railway company must file with the Minister, within 45 days after the end of each calendar year beginning after the end of 2018, a report with respect to each

Current to June 20, 2022

Locomotive Emissions Regulations Records and Information Annual Report Sections 14-15

locomotive in its active fleet, as the fleet existed on December 31 of the calendar year, and each locomotive permanently removed from its total fleet in the calendar year.

Contents of annual report (2) The report must contain the following information: (a) the name of the railway company, the address of its head office and, if different, its mailing address; (b) the address of the department within the railway

company responsible for maintaining the records required under section 12; (c) the name, telephone number and email address of

the contact person for the railway company; (d) for each locomotive in its active fleet, the information set out in subsections 12(1) and (2); (e) in the case of a new locomotive in its active fleet to

which the exhaust emission standards set out in section 4 apply, (i) the information set out in paragraphs 12(3)(a) to

(c), if the locomotive is covered by an EPA certificate, and (ii) the information set out in paragraphs 12(4)(a) to (i), if the locomotive is not covered by an EPA certificate; and (f) in the case of a locomotive permanently removed from the total fleet during the calendar year, the information set out in subsections 12(1) and (5).

In-use Test Report Filing of in-use test report 15 (1) A railway company must file with the Minister, within 90 days after the end of each calendar year, a report with respect to each locomotive tested under subsection 7(3) in that calendar year.

Current to June 20, 2022

Locomotive Emissions Regulations Records and Information In-use Test Report Sections 15-16

Contents of in-use test report (2) The report must contain the following information: (a) the name of the railway company, the address of its head office and, if different, its mailing address; (b) the address of the department within the railway

company responsible for maintaining the records required under section 12; (c) the name, telephone number and email address of

the contact person for the railway company; and (d) the information set out in subsection 12(1) and paragraphs 12(4)(e) to (g).

Incidental Operations Report Filing of incidental operations report 16 (1) A railway company that operates its locomotives

in Canada as part of incidental operations must file with the Minister (a) in the case of a company created on or before the day on which these Regulations come into force, a report confirming the incidental operations existing on that day, within 90 days after that day; (b) in the case of a company created after the day on

which these Regulations come into force, a report confirming the incidental operations existing on the day on which the company is created, within 90 days after the day of its creation; and (c) in the case of a company, other than a company referred to in paragraph (b), that begins incidental operations after the day on which these Regulations come into force, a report confirming the incidental operations and the day on which those operations began, within 90 days after that day.

Contents of incidental operations report (2) The report must contain the following information: (a) the name of the railway company, the address of

its head office and, if different, its mailing address; (b) the address of the department within the railway

company responsible for keeping the copies of the anti-idling policy referred to in subsection 10(3);

Current to June 20, 2022

Locomotive Emissions Regulations Records and Information Incidental Operations Report Sections 16-19

(c) the name, telephone number and email address of

the contact person for the railway company; and (d) a statement from the railway company that it operates its locomotives in Canada as part of incidental operations.

Report Certification Certification 17 Each report referred to in sections 13 to 16 must include a certification, by the person responsible for the oversight of the railway company’s locomotive emissions program or by a person authorized to act on that person’s behalf, that all the information contained in the report is accurate.

Keeping of Records and Information Records — duration 18 (1) A railway company must keep every record referred to in section 12 for at least four years after the day on which the locomotive is permanently removed from its total fleet. Reports — duration (2) A railway company must keep every report referred to in sections 13 to 16 for at least eight years after the day on which it is filed.

Records and reports — form (3) A railway company must keep every record and report in written form or in a readily readable electronic or optical form.

Consequential Amendment to the Transportation Information Regulations 19 [Amendment]

Current to June 20, 2022

Locomotive Emissions Regulations Coming into Force Section 20

Coming into Force Registration 20 These Regulations come into force on the day

on which they are registered.

Current to June 20, 2022

