Trailer GHG Standards Suspended for 2020 Onward

Summary#

The Minister of the Environment issued the Interim Order Modifying the Operation of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations (Trailer Standards) on March 13, 2023. It temporarily says that the trailer-specific parts of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations do not apply to trailers finished on or after January 1, 2020.

What it does#

• Says the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations do not apply to trailers whose manufacture was completed on or after January 1, 2020.
• Applies only to the trailer provisions of those regulations, not to the rest of the regulation for other vehicles or engines.
• Explains the change is tied to a U.S. court decision that vacated the U.S. trailer standards, creating inconsistencies between Canadian rules and certain U.S. rules.
• Is made under the Canadian Environmental Protection Act, 1999 and is temporary: it will stop applying one year after it was made, or earlier if the government repeals or changes the regulation.

Who's affected#

• Trailer manufacturers and companies that finish manufacturing trailers on or after January 1, 2020.
• Fleets, trucking companies, dealers and importers that buy, sell or register trailers built on or after that date.
• Regulators and industry groups working on vehicle emissions rules, because the move changes which standards apply to trailers.
• Environmental groups and members of the public following greenhouse-gas rules for heavy vehicles.

If it is unclear who exactly will be affected in specific cases (for example, trailers built partly in Canada and partly abroad), the notice does not spell that out.

Why it matters#

• For now, trailer makers and buyers won’t be held to the trailer-specific requirements in the Canadian regulation for trailers finished on or after January 1, 2020. That affects what design or control measures they must meet.
• It responds to a legal change in the United States that disrupted the alignment between Canadian and U.S. rules. That alignment matters to cross-border trade and to manufacturers who sell in both countries.
• The change is temporary. Businesses and the public should expect further government action or rulemaking before the interim order expires.