Ministry: Ministry of the Environment
Regulation Number(s):
Bill or Act: Environmental Protection Act
Summary of Proposal: The Ministry of the Environment proposes amendments to Ontario Regulation 361/98 (Motor Vehicles) made under the Environmental Protection Act. The amendments to the regulation would modernize the Drive Clean program, including the implementation of computer based emissions testing for light duty vehicles.

The proposed amendments would prescribe new On-Board Diagnostic (OBD) emissions test standards and emissions testing equipment for 1998 and newer light duty vehicles, and prescribe two-speed idle (TSI) tailpipe test standards and emissions testing equipment for 1988 through 1997 model year vehicles. The current dynamometer test and emission standards prescribed in section 9 of the regulation would be revoked as of January 1, 2013. Also proposed is a change to the regulation to provide the Drive Clean Director the ability to enhance repair technician training and effectiveness.

The proposed regulatory amendments will ensure that the program continues to be effective in reducing harmful vehicle emissions of smog-causing pollutants such as nitrogen oxides (NOx), hydrocarbons (HCs) and particulate matter, as well as carbon dioxide, which is a greenhouse gas.

The proposed changes would modernize the current Drive Clean program to provide a more accurate inspection and increase the effectiveness of vehicle repairs. The proposed amendments are detailed below.

1) Eliminate the current Acceleration Simulation Mode (or Dynamometer) tailpipe test and emission standards and the fuel cap integrity standard prescribed in section 9 after December 31, 2012, and replace it with:

a) On-Board Diagnostic (OBD) test standards and OBD testing for 1998 and newer light duty vehicles registered in the Drive Clean program area, and require OBD training for all Drive Clean inspectors and repair technicians, beginning November 1, 2011.
b) Standards prescribed in section 8 and the Two Speed Idle (TSI) tailpipe test for 1988 through 1997 light duty vehicles and those vehicles that cannot be OBD tested, beginning January 1, 2013.

2) Allow enhancements to the future administration and delivery of the Drive Clean program including:

a) Authority over whether repair technicians who perform inappropriate or faulty repairs would be required to undergo additional training or be permitted to remain a Drive Clean repair technician.
b) Other Amendments

In addition to the environmental proposals detailed above, the ministry is also proposing the following administrative amendments:
• Removing obsolete sections of Ontario Regulation 361/98; and
• Assisting Drive Clean facilities, inspectors and repair technicians during the transition period to full OBD implementation.
Further Information:
Proposal Number: 09-MOE014
Posting Date: January 28, 2010
Comments Due Date: February 27, 2010