Lengthy reply from EC
Good morning Mr. XXXX
Please find below the response from our program staff concerning your question.
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Dear Mr. XXXX:
The Government of Canada is committed to clean transportation and is implementing stringent emission regulations to reduce air pollutants from new cars in Canada in alignment with the national standards of the U.S. Environmental Protection Agency. In July 2015, Environment and Climate Change Canada (ECCC) put in place world-leading standards under the Canadian Environmental Protection Act, 1999 (CEPA) to further limit air pollutant emissions from new cars and light trucks beginning in the 2017 model year to align with U.S. Environmental Protection Agency’s Tier 3 standards. Please be assured that the Government of Canada takes the health and safety of Canadians very seriously. Canada has a strong regulatory regime when it comes to vehicle emissions and ECCC will continue to work to ensure that the stringent air quality and vehicle emission standards are respected, for the benefit of all Canadians.
ECCC is committed to enforcing Canada’s federal environmental laws and regulations. The Department’s experts are actively investigating the alleged importation into Canada of certain Volkswagen, Audi, and Porsche 2.0 litre and 3.0 litre diesel vehicle models equipped with a prohibited defeat device. This investigation involves gathering evidence and information relevant to a suspected violation of the regulations. Should Environment and Climate Change Canada find sufficient evidence of violations, enforcement action will be taken in accordance with the Compliance and Enforcement Policy of the Canadian Environmental Protection Act, 1999 (available at:
http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=5082BFBE-1).
Canada has a long history of working closely with the U.S. Environmental Protection Agency to align our emission standards and to coordinate their implementation, which results in efficiencies in the delivery of our respective regulatory programs. ECCC is currently collaborating with the U.S. Environmental Protection Agency to identify the presence of potential defeat devices through tests of a broad spectrum of light-duty diesel vehicles. Our contribution to these joint efforts with the U.S. EPA has enabled the early identification of potential defeat devices. In the current case of alleged defeat devices, the determination of appropriate technical remedial measures is complex. Volkswagen Group Canada Inc.’s parent company in Germany and the other subsidiary in the United States are working with the U.S. Environmental Protection Agency and the California Air Resources Board to develop appropriate technical solutions that would reduce NOx emissions from affected vehicles. Volkswagen Group Canada Inc. has advised ECCC that once a remedial plan is finalized in the United States, the company will follow suit with all vehicle-related measures also applicable in Canada. Accordingly, once a remedial plan is finalized in the United States for certain affected vehicles current owners of those affected vehicles in Canada should be notified by Volkswagen Group Canada Inc. concerning the applicable corrective action for their vehicles, consistent with the general framework of the Notice of Defect provisions under the Canadian Environmental Protection Act, 1999. On January 6, 2017, the U.S. EPA approved a technical fix for some affected Volkswagen and Audi diesel vehicles equipped with 2.0 L engines (i.e., those affected diesel vehicle models of the 2015 model year also known as “Generation 3” vehicles). Volkswagen Group Canada Inc. has since notified the Department of their intention to implement this approved technical fix for these Generation 3 vehicles. While this represents the first approved fix, efforts are continuing towards determining appropriate fixes for other affected vehicles.
The Government of Canada also takes allegations of deceptive marketing practices very seriously. On December 19, 2016, the Federal Competition Bureau announced that it reached an agreement with Volkswagen Group Canada Inc. and Audi Canada Inc. that includes a penalty of $15 million to address the Bureau's conclusion that false or misleading environmental marketing claims were used to promote certain vehicles with 2.0 litre diesel engines. The Competition Bureau also assisted in the development of a proposed Canadian class action settlement agreement that, if approved by the courts, will include compensation for vehicle owners. Additional information on the proposed class action settlement relating to affected vehicles with 2.0 litre diesel engines that was also announced on December 19, 2016 is available at:
https://www.vwcanadasettlement.ca/en/. Volkswagen Group Canada Inc. and lawyers representing consumers are continuing discussions towards a potential class action settlement for affected diesel vehicles with 3.0 litre engines.
In Canada, the regulation of motor vehicles is a shared responsibility between federal and provincial, territorial, or aboriginal governments. The establishment of requirements and restrictions related the use of vehicles on Canadian roads is a matter that falls within provincial jurisdiction. For example, provinces are responsible for the development and administration of vehicle emission testing programs that apply to vehicle owners and are linked to vehicle registration regimes. According, you may wish to contact your provincial government for more information relating to the use of vehicles on roads.
I trust that this information is of assistance.
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Thank you and have a great day and week!
Julie Bertrand
Public Inquiries Centre
Communications Branch
Environment and Climate change Canada
7th floor, Fontaine Building
200, Sacré-Cœur boul.
Gatineau, Québec
K1A OH3
ec.enviroinfo.ec@canada.ca
Telephone: Toll free: 800-668-6767 (in Canada only) or local 819-938-3860