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B.C. Reg. 116/96
O.C. 578/96
Deposited April 26, 1996

REPEALED BY B.C. REG. 54/2016 EFFECTIVE MARCH 2, 2016

Environmental Management Act

Motor Vehicle Emissions Control
Warranty Regulation

[includes amendments up to B.C. Reg. 321/2004]

Contents
1Interpretation
2Application of this regulation
3Adoption by reference
4Emission warranty requirements — 1998 and subsequent years
5Manufacturer's description of the warranties
6Emission defects warranty
7Emission performance warranty
8Sufficient compliance under a performance warranty in specific circumstances
9Reporting
10Offence

Interpretation

1  (1) In this regulation:

"Act" means the Environmental Management Act;

"AirCare" means the inspection and maintenance program in British Columbia operated under the authority of sections 48 to 50 of the Motor Vehicle Act and described in Division 40 of B.C. Reg. 26/58, the Motor Vehicle Act Regulations;

"applicable standard" means,

(a) if, for a vehicle described by paragraph (a) or (b) of the definition of warranted vehicle in this subsection, reference is made to a warranty referred to in section 6, the requirements set out in sections 4 and 5 of the Motor Vehicle Emissions Reduction Regulation, B.C. Reg. 517/95, as it read immediately before its repeal,

(b) if, for a vehicle described by paragraph (c) of the definition of warranted vehicle in this subsection, reference is made to a warranty referred to in section 6, the exhaust emission standards applicable under B.C. Reg. 274/2000, the Exhaust Emission Standards Regulation, and

(c) if reference is made to a warranty referred to in section 7, the exhaust emission standards applicable under B.C. Reg. 274/2000, the Exhaust Emission Standards Regulation;

"model year", for a warranted vehicle, means

(a) a manufacturer's designated production period for the warranted vehicle designated by calendar year, which period includes January 1 of that calendar year, or

(b) the calendar year if a manufacturer does not have a designated production period for the warranted vehicle;

"onboard emissions diagnostic device" means a device installed for the purpose of storing or processing emissions related diagnostic information, but does not include any parts or other systems which it monitors;

"part" means a part that may cause the failure of a warranted vehicle to meet applicable standards;

"specified major emission control component" means a catalytic converter, an electronic emissions control unit or an onboard emissions diagnostic device and, without limiting the generality of the foregoing, includes a device or component designated by the Administrator of the United States Environmental Protection Agency as a specified major emission control component under section 207 (i) (2) of the United States Clean Air Act;

"warranty period" means

(a) for specified major emission control components, not less than 8 years or the period within which the warranted vehicle is driven 80 000 miles (128 748 km), whichever is shorter,

(b) for parts which could cause the warranted vehicle to fail the applicable standards and which are not specified major emission control components, not less than 2 years or the period within which the warranted vehicle is driven 24 000 miles (38 624 km), whichever is shorter

and must not begin earlier than the date the warranted vehicle is delivered to the first retail purchaser or, if the warranted vehicle is leased or placed in service on an on-going basis, the date the warranted vehicle is first leased or placed in service;

"warranted vehicle" means

(a) a passenger car as defined in section 1 (1) of the Motor Vehicle Emissions Reduction Regulation, B.C. Reg. 517/95, as it read immediately before its repeal,

(b) a light-duty truck as defined in section 1 (1) of the Motor Vehicle Emissions Reduction Regulation, B.C. Reg. 517/95, as it read immediately before its repeal, or

(c) a motor vehicle that is rated by its manufacturer as having a gross vehicle weight of more than 6 000 pounds (2 721.6 kgs) and less than 8 500 pounds (3855.6 kgs).

(2) In this regulation "emergency vehicle", "manufacturer", "motor cycle", "motor vehicle" or "vehicle", "new" and "sell" have the same meaning as in section 1 (1) of the Motor Vehicle Emissions Reduction Regulation, B.C. Reg. 517/95, as it read immediately before its repeal.

(3) A reference in this regulation to a warranted vehicle is a reference to a new warranted vehicle.

[am. B.C. Reg. 321/2004, s. 13 (a) to (c).]

Application of this regulation

2  This regulation does not apply to the following:

(a) a motor vehicle that is not a new vehicle;

(b) a motor cycle;

(c) an emergency vehicle;

(d) a motor vehicle produced by a manufacturer in any model year immediately following a model year in which the manufacturer's total world-wide production of warranted vehicles did not exceed 100 vehicles.

Adoption by reference

3  In this regulation, references to codes, standards or rules refer to those codes, standards or rules as amended from time to time.

Emission warranty requirements — 1998 and subsequent years

4  (1) Commencing with the 1998 model year and continuing in each subsequent model year, a manufacturer must not make available for sale in British Columbia a warranted vehicle unless a defects warranty under section 6 and a performance warranty under section 7 are provided for the warranted vehicle at the time of sale.

(2) Commencing with the 1998 model year and continuing in each subsequent model year, a person must not sell in British Columbia a warranted vehicle unless a defects warranty under section 6 and a performance warranty under section 7 are provided for the warranted vehicle at the time of sale.

Manufacturer's description of the warranties

5  (1) Commencing with the 1998 model year and continuing in each subsequent model year, a manufacturer must provide with each of its warranted vehicles sold in British Columbia the following information in writing:

(a) a description of the coverage under the defects warranty required by section 6;

(b) a description of the coverage under the performance warranty required by section 7;

(c) a description of all specified major emission control components used in the warranted vehicle;

(d) the instructions for the warranted vehicle concerning the emission control system maintenance and use and the replacement of emission control system parts including the time or distance driven intervals at which these instructions are to be performed;

(e) a statement of the limitation, if any, consistent with this regulation, in the choice of parts or persons to maintain, replace or repair the emission control system for the warranted vehicle;

(f) the instructions on when and how a claim may be brought under the section 6 and 7 warranties.

(2) A statement under subsection (1) and a warranty under sections 6 or 7

(a) must state that routine maintenance, replacement of parts or non-warranty repairs may be performed by the purchaser of the warranted vehicle or any automotive repair establishment and must not place a limitation on the brand, trade or corporate name of the parts that may be used to maintain, replace, or repair the emission control system for the warranted vehicle,

(b) may require, subject to paragraphs (a) and (c), that if the manufacturer is to pay or provide for maintenance, replacement of parts or repairs under the warranty, the manufacturer may refuse to pay or provide for this work or service unless it is performed at a facility approved by the manufacturer, and

(c) must state that if maintenance, replacement of parts or repairs to the warranted vehicle is performed in an emergency circumstance, the manufacturer cannot refuse coverage under the warranty on the basis that this work or service was, contrary to the terms of the warranty applicable in other circumstances, performed at a facility not approved by the manufacturer for the performance of this work or service.

Emission defects warranty

6  (1) Commencing with the 1998 model year and continuing in each subsequent model year, a manufacturer of a warranted vehicle must warrant that

(a) the warranted vehicle is designed, built and equipped to conform at the time of sale with the applicable standard, and

(b) the warranted vehicle is, at the time the warranty period commences, free from defects in materials and workmanship which would cause the warranted vehicle to fail to conform with the applicable standard during the warranty period applicable under the warranties referred to in this regulation.

(2) Commencing with the 1998 model year and continuing in each subsequent model year, the manufacturer of a warranted vehicle must warrant that all necessary diagnostic work and replacements or repairs that are necessary to make the warranted vehicle conform to the warranty under subsection (1) will be performed at no charge to the purchaser of the warranted vehicle if, subject to section 5 (2) (c), the purchaser complies with instructions referred to in section 5 (1) (d) and limitations under section 5 (1) (e) concerning the warranty.

(3) A warranty under this section may not permit the manufacturer to deny coverage for use of any fuel commonly available in British Columbia unless

(a) the written instructions referred to in section 5 (1) (d) specify that the use of that fuel will adversely affect emission control systems, and

(b) the proper fuel specified by the manufacturer to be used is commonly available in British Columbia and identified in information reasonably available.

Emission performance warranty

7  (1) Commencing with the 1998 model year and continuing in each subsequent model year, the manufacturer of a warranted vehicle must warrant that if the warranted vehicle fails to conform with the applicable standards during the warranty period, the manufacturer, at no charge to the purchaser of the warranted vehicle, will perform all necessary diagnostic work and make the replacements, repairs or adjustments that are necessary to ensure that the warranted vehicle conforms to the applicable standards.

(2) A warranty under subsection (1) does not apply if the purchaser, in respect of the warranted vehicle, is proven, subject to section 5 (2) (c),

(a) to have not complied with instructions referred to in section 5 (1) (d) resulting in the failure of the warranted vehicle to conform with the applicable standards, or

(b) to have abused or tampered with the warranted vehicle in a manner that caused the failure of the warranted vehicle to conform with the applicable standards.

(3) A warranty under this section may not permit the manufacturer to deny coverage for use of any fuel commonly available in British Columbia unless

(a) the written instructions referred to in section 5 (1) (d) specify that the use of that fuel will adversely affect emission control systems, and

(b) the proper fuel specified by the manufacturer to be used is commonly available in British Columbia and identified in information reasonably available.

(4) A warranty under this section may only permit the manufacturer to deny coverage because of failure to follow instructions referred to in section 5 (1) (d) to replace a part if

(a) the part is scheduled under the warranty for replacement during the warranty period, and

(b) for a part that is described by section 207 (a) (3) of the United States Clean Air Act, the manufacturer warranted or agreed to replace the part at the scheduled replacement without cost to the purchaser

or if, for a replacement part that is not produced by or under the approval of the manufacturer, the manufacturer can show that it is reasonable to assume that the replacement part caused the warranted vehicle to fail to meet the applicable standard.

Sufficient compliance under a performance warranty in specific circumstances

8  (1) A manufacturer discharges its obligation under a warranty under section 7 respecting a particular failure of a warranted vehicle to conform with the applicable standards during the warranty period if

(a) a diagnostic facility approved by the manufacturer is unable after a reasonable effort to find the cause of the failure,

(b) the warranted vehicle is tested under AirCare after the diagnostic facility acted under paragraph (a), and

(c) the warranted vehicle has been granted a conditional pass under AirCare following the test described in paragraph (b).1

(2) If a warranted vehicle fails to conform with the applicable standards after the shorter of

(a) 2 years after the purchase of the warranted vehicle, or

(b) the period within which the warranted vehicle is driven 24 000 miles (38 624 km) after the purchase of the warranted vehicle,

the manufacturer may decline to pay or provide for the diagnostic work, replacements, repairs or adjustments of parts if the failure to conform to the applicable standards was not caused by the specified major emission control components or part of a specified major emission control component.

Reporting

9  A manufacturer must, within 120 days of receipt of a request from a director, provide to a director copies of the manufacturer's written statement under section 5 for each type of warranted vehicle the manufacturer makes available for sale in British Columbia that is identified by the director.

[am. B.C. Reg. 321/2004, s. 13 (d).]

Offence

10  (1) A person who contravenes section 4 (2) commits an offence and is liable on conviction to a penalty not exceeding $5 000.

(2) A person who contravenes section 4 (1) or 5 commits an offence and is liable on conviction to a penalty not exceeding $25 000.

(3) A person who contravenes section 9 commits an offence and is liable on conviction to a penalty not exceeding $50 000.

1. Section 8 (1) is not in force at present, but comes into force on the date specified by subsequent order of the Lieutenant Governor in Council.

[Provisions of the Environmental Management Act, S.B.C. 2003, c. 53, relevant to the enactment of this regulation: sections 73 and 74]