NMMA Canada update on Government Consultations—MERV, NEM & EPA

May 7, 2024

As part of the NMMA Canada commitment to keep their members informed about important regulatory matters affecting the recreational boating industry, we want to remind you about the consultation process for the Marine Spark-Ignition Engine, Vessel, and Off-Road Recreational Vehicle Emission Regulations (MERV Regulations) or National Emissions Mark (NEM).

Recently, NMMA received outreach from the Canadian government regarding companies that may be subject to these regulations, particularly Canadian boat manufacturers. The regulations require companies to obtain authorization to affix the national emissions mark to engines, vessels, or vehicles manufactured or assembled in Canada.

What You Need to Know:

            • Companies are only required to affix the national emissions mark to engines that are manufactured in Canada and to vessels or vehicles whose main assembly is completed in Canada, (except for those engines, vessels, and vehicles that are to be used in Canada solely for the purposes of exhibition, demonstration, evaluation, or testing).

If engines are manufactured and certified to U.S. EPA regulations, they do NOT have to use the NEM.  The NEM was only implemented so that a Canadian-only manufacturer, that only wants to sell engines in Canada, would not have to certify with the Environmental Protection Agency (EPA). 

For most NMMA Canada members, there will be no requirement to adhere to MERV or NEM requirements. Most members already sell concurrently in Canada and the U.S. and consequently, will already be certified with the American-EPA standards. Below is an Environment Canada regulation regarding the use of EPA certificates:

• In the case of an engine or vehicle that is covered by an EPA certificate and is sold concurrently in Canada and the United States, members only  need to conform to the emission standards or family emission limits detailed in the EPA certificate.

If you are one of the NMMA members who manufacture and sell products solely in Canada and requires NEM:

2. Application Process: To apply for authorization, companies need to submit a letter to the Regulatory Compliance Management Team of Environment and Climate Change Canada’s Transportation Division. The letter should include specific information outlined in the regulations, such as company details, class of engine/vessel/vehicle, and evidence of compliance with emission standards.

3. Resources Available: If you have any questions about the regulations or the application process, please feel free to contact Patrick Pereira, Manager of Government Relations: ppereira@nmma.org or 647-551-7329.

As an association, NMMA Canada is here to support our members in navigating regulatory requirements and ensuring compliance. We encourage all Canadian boat manufacturers to review the regulations and take appropriate steps to meet their obligations.

For more information about the MERV Regulations and other regulatory updates, please visit our website or contact our team.