150. (1) The national emissions marks are national trade-marks.
Property rights
(2) The exclusive property in and, except as otherwise provided in this
Division, the right to use a national emissions mark are hereby vested in Her
Majesty in right of Canada.
Prohibition
(3) No person shall use a national emissions mark except in accordance with this
Division and the regulations.
Confusing marks
(4) No person shall use any other mark in such a manner that it is likely to be
mistaken for a national emissions mark.
Use of marks
151. A company authorized by the Minister may, subject to this Division and the
regulations, apply a national emissions mark to vehicles, engines or equipment.
Transportation within Canada
152. No company shall transport within Canada a prescribed vehicle, engine or
equipment that does not have a national emissions mark applied to it.
Vehicle, Engine and Equipment Standards
Compliance by companies
153. (1) No company shall apply a national emissions mark to any vehicle, engine
or equipment, sell any vehicle, engine or equipment to which a national
emissions mark has been applied or import any vehicle, engine or equipment
unless
(a) the vehicle, engine or equipment conforms to the standards prescribed for
vehicles, engines or equipment of its class at the time its main assembly or
manufacture was completed;
(b) evidence of such conformity has been obtained and produced in the prescribed
form and manner or, if the regulations so provide, in a form and manner
satisfactory to the Minister;
(c) prescribed information relating to standards for emissions from the vehicle,
engine or equipment has been submitted to the Minister in the prescribed manner;
(d) information is marked on the vehicle, engine or equipment in accordance with
the regulations;
(e) if required by the regulations, prescribed documentation or accessories
accompany the vehicle, engine or equipment;
(f) prescribed information relating to the operation or use of the vehicle,
engine or equipment is disseminated in the prescribed form and manner;
(g) records are maintained and furnished in the prescribed form and manner in
relation to the design, manufacture, testing and field performance of the
vehicle, engine or equipment, for the purpose of
(i) enabling an enforcement officer to determine whether the vehicle, engine or
equipment conforms to all prescribed standards applicable to it, and