Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Zero-Emission Vehicles Act

Zero-Emission Vehicles Regulation

B.C. Reg. 196/2020

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 April 5, 2024
July 8, 2024
October 1, 2024
Section 4.1 October 1, 2024
Section 5 October 1, 2024
Section 6 October 1, 2024
Section 6.1 to 6.3 October 1, 2024
Section 7 July 8, 2024
Section 8 October 1, 2024
Section 10 October 1, 2024
Section 11 October 1, 2024
Section 12 October 1, 2024
Section 13 October 1, 2024
Section 14 October 1, 2024
Section 14.1 and 14.2 October 1, 2024
Section 15 October 1, 2024
Section 16 October 1, 2024
Section 16.01 October 1, 2024
Section 16.1 October 1, 2024
Part 2.1 Section 16.1 and 16.2 November 1, 2020
Section 16.3 October 1, 2024
Section 17 October 1, 2024
Section 18 November 1, 2020
July 8, 2024

 Section 1 definition of "gross vehicle weight rating" BEFORE amended by BC Reg 291/2023, effective April 5, 2024.

"gross vehicle weight rating" has the same meaning as in section 1 of the Motor Vehicle Act Regulations;

 Section 1 definition of "EPA range", paragraph (b) BEFORE amended by BC Reg 202/2024, effective July 8, 2024.

(b) the derived 5-cycle value determined in accordance with the method set out by the EPA in the United States Code of Federal Regulations, Title 40, Chapter I, Subchapter Q, Part 600, Subpart C, section 600.311-12, paragraph (j);

 Section 1 definition of "gross vehicle weight rating" BEFORE amended by BC Reg 202/2024, effective July 8, 2024.

"gross vehicle weight rating" has the same meaning as in section 1 of the Motor Vehicle Act;

 Section 1 BEFORE re-enacted by BC Reg 202/2024, effective October 1, 2024.

Definitions

1   In this regulation:

"Act" means the Zero-Emission Vehicles Act;

"battery electric vehicle" or "BEV" means a zero-emission vehicle that

(a) is propelled solely by an electric motor that is powered solely by a battery that is charged solely by an external electricity source, and

(b) has a minimum EPA range of 80.47 km;

"battery electric vehicle — short range" or "BEV — short" means a zero-emission vehicle that

(a) is propelled solely by an electric motor that is powered solely by a battery that is charged solely by an external electricity source, and

(b) has an EPA range of less than 80.47 km;

"EPA" means the United States Environmental Protection Agency;

"EPA range" means the all-electric driving range, in kilometres, of a zero-emission vehicle,

(a) determined in accordance with the 5-cycle test procedure set out by the EPA in the United States Code of Federal Regulations, Title 40, Chapter I, Subchapter Q, Part 600, Subparts B and C, as amended from time to time, or

(b) determined by calculating the derived 5-cycle value in accordance with the method set out by the EPA in the United States Code of Federal Regulations, Title 40, Chapter I, Subchapter Q, Part 600, Subpart D, section 600.311-12, paragraph (j);

"extended range electric vehicle" or "EREV" means a zero-emission vehicle

(a) that has a battery that can be charged by an external electricity source,

(b) whose drive wheels are propelled solely by an electric motor,

(c) whose on-board internal combustion engine is used solely as a generator to charge the battery, and

(d) that has a minimum EPA range of 121 km;

"extended range electric vehicle — medium range" or "EREV — medium" means a zero-emission vehicle

(a) that has a battery that can be charged by an external electricity source,

(b) whose drive wheels are propelled solely by an electric motor,

(c) whose on-board internal combustion engine is used solely as a generator to charge the battery, and

(d) that has a minimum EPA range of 16 km and a maximum EPA range of 121 km;

"extended range electric vehicle — short range" or "EREV — short" means a zero-emission vehicle

(a) that has a battery that has can charged by an external electricity source,

(b) whose drive wheels are propelled solely by an electric motor,

(c) whose on-board internal combustion engine is used solely as a generator to charge the battery, and

(d) that has an EPA range of less than 16 km;

"fuel cell electric vehicle" or "FCEV" means a zero-emission vehicle that

(a) is propelled solely by an electric motor that is powered solely by a hydrogen fuel cell, and

(b) has a minimum EPA range of 80.47 km;

"fuel cell electric vehicle — short range" or "FCEV — short" is a zero-emission vehicle that

(a) is propelled solely by an electric motor that is powered solely by a hydrogen fuel cell, and

(b) has an EPA range of less than 80.47 km;

"gross vehicle weight rating" has the same meaning as in section 6 of the Act;

"light-duty motor vehicle" means a motor vehicle with a gross vehicle weight rating of 3 856 kg or less;

"plug-in hybrid electric vehicle" or "PHEV" means a zero-emission vehicle that

(a) has a battery that is capable of being charged by an external electricity source,

(b) can be propelled solely by an electric motor that is powered by a battery,

(c) has a minimum EPA range of 16 km, and

(d) is not a BEV or a BEV-short;

"plug-in hybrid electric vehicle — short range" or "PHEV — short" means a motor vehicle that

(a) has a battery that is capable of being charged by an external electricity source,

(b) can be propelled solely by an electric motor that is powered by a battery,

(c) has an EPA range of less than 16 km, and

(d) is not a BEV-short;

"US06 range" means the all-electric driving range, in kilometres, of a zero-emission vehicle, determined in accordance with the method described in section G.7.3 of the document entitled "California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes", incorporated by reference in the California Code of Regulations, Title 13, Division 3, Chapter 1, Article 2, section 1962.2.

[am. B.C. Regs. 291/2023, App. 3, s. 3; 202/2024, Sch. 1, s. 1.]

 Section 4.1 was enacted by BC Reg 202/2024, effective October 1, 2024.

 Section 5 BEFORE re-enacted by BC Reg 202/2024, effective October 1, 2024.

Prescribed vehicle classes

5   For the purposes of paragraph (a) of the definition of "vehicle class" in section 1 of the Act [definitions] and section 10 (2) (b) of the Act [supply of ZEVs — zero or more ZEV units], the light-duty motor vehicle class is a prescribed vehicle class.

 Section 6 BEFORE re-enacted by BC Reg 202/2024, effective October 1, 2024.

Prescribed classes of zero-emission vehicles

6   (1) The following classes of zero-emission vehicles are established:

(a) ZEV Class A, which consists of the following types of zero-emission vehicles:

(i) BEV;

(ii) EREV;

(iii) FCEV;

(b) ZEV Class B, which consists of the following types of zero-emission vehicles:

(i) EREV — medium;

(ii) PHEV;

(c) ZEV Class C, which consists of the following types of zero-emission vehicles:

(i) BEV — short;

(ii) EREV — short;

(iii) FCEV — short;

(iv) PHEV — short.

(2) The classes of zero-emission vehicles established in subsection (1) are prescribed for the purposes of paragraph (a) of the definition of "ZEV class" in section 1 [definitions] of the Act.

 Sections 6.1, 6.2, and 6.3 were enacted by BC Reg 202/2024, effective October 1, 2024.

 Section 7 BEFORE repealed by BC Reg 202/2024, effective July 8, 2024.

Definition of light-duty motor vehicle

7   For the purposes of Part 2 of the Act, "light-duty motor vehicle" has the same meaning as in section 1 of this regulation.

 Section 8 (1) and (3) BEFORE amended by BC Reg 202/2024, effective October 1, 2024.

(1) In this section:

"total sales volume" means, in relation to a reported model year,

(a) for a supplier who has supplied for consumer sale light-duty motor vehicles of the 3 model years immediately preceding the reported model year, the average annual number of consumer sales of light-duty motor vehicles of those 3 model years, and

(b) for a supplier to whom paragraph (a) does not apply, the number of consumer sales of light-duty motor vehicles of the reported model year.

(3) A supplier is a supplier in the

(a) small volume supplier class if the supplier has a total sales volume of less than 1 000 light-duty motor vehicles,

(b) medium volume supplier class if the supplier has a total sales volume of 1 000 light-duty motor vehicles or more but less than 5 000 light-duty motor vehicles, and

(c) large volume supplier class if the supplier has a total sales volume of 5 000 light-duty motor vehicles or more.

 Section 8 (1.1) was added by BC Reg 202/2024, effective October 1, 2024.

 Section 10 BEFORE re-enacted by BC Reg 202/2024, effective October 1, 2024.

Balance of ZEV units

10   For the purposes of section 10 (2) (b) [supply of ZEVs — less than zero ZEV units] of the Act, a large volume supplier must have a balance of zero or more ZEV Class A units for the light-duty motor vehicle class.

 Section 11 BEFORE re-enacted by BC Reg 202/2024, effective October 1, 2024.

Compliance ratio — light-duty motor vehicles

11   For the purposes of section 11 (1) [compliance ratio reduction — ratio does not specify ZEV class] of the Act, the following compliance ratios are prescribed for each model year for the light-duty motor vehicle class:

ItemModel yearCompliance ratio
120190%
220209.5%
3202112%
4202214.5%
5202317%
6202419.5%
7202522%
8202632%
9202741.5%
10202851.5%
11202961%
12203071%
13203190%
142032108.5%
152033127.5%
162034146%
172035165%
182036184%
192037203%
202038221.5%
212039240.5%
222040259%

 Section 12 BEFORE re-enacted by BC Reg 202/2024, effective October 1, 2024.

Compliance ratio — ZEV Class A vehicles

12   For the purposes of section 11 (2) [compliance ratio reduction — ratio specifies ZEV class] of the Act, the following compliance ratios are prescribed for each model year for ZEV Class A vehicles in the light-duty motor vehicle class.

ItemModel yearCompliance ratio
120190%
220206%
320218%
4202210%
5202312%
6202414%
7202516%
8202623%
9202729%
10202836%
11202943%
12203050%
13203163%
14203277%
15203390%
162034104%
172035117%
182036130%
192037144%
202038157%
212039171%
222040181%

 Section 13 (1) (e) BEFORE amended by BC Reg 202/2024, effective October 1, 2024.

(e) the following information about consumer sales of zero-emission vehicles, for each vehicle make referred to in paragraph (b), each vehicle class, and each ZEV class:

(i) the number of consumer sales;

(ii) the vehicle model, vehicle identification number, model year, type of zero-emission vehicle and EPA range of each zero-emission vehicle sold or leased;

(iii) the US06 range of each EREV-medium or PHEV sold or leased, if any;

(iv) the number, by ZEV class, of credits claimed by the supplier.

 Section 13 (1) (f) was added by BC Reg 202/2024, effective October 1, 2024.

 Section 14 BEFORE re-enacted by BC Reg 202/2024, effective October 1, 2024.

Issuance of credits for consumer sales

14   (1) The number of credits in relation to each consumer sale of a zero-emission vehicle that the director may issue to a supplier under section 13 (1) of the Act is determined in accordance with this section.

(2) Subject to subsections (3) to (5),

(a) the number of credits to be issued for each consumer sale of a BEV, EREV or FCEV is determined using the following formula:

number of credits = (R × 0.006214) + 0.50
where
R=the EPA range of the zero-emission vehicle

, and

(b) the number of credits to be issued for each consumer sale of an EREV — medium or a PHEV is determined using the following formula:

number of credits = (R × 0.006214) + 0.30
where
R=the EPA range of the zero-emission vehicle.

(3) Despite subsection (2) (a), the number of credits to be issued for each consumer sale of a BEV, EREV or FCEV must not exceed 4.0.

(4) An additional 0.20 credit must be issued for each consumer sale of a zero-emission vehicle that

(a) is an EREV — medium or a PHEV, and

(b) has a minimum US06 range of 16 km.

(5) Despite subsection (2) (b), the number of credits to be issued for each consumer sale of an EREV — medium or a PHEV must not exceed

(a) 1.10 if subsection (4) does not apply, and

(b) 1.30 if subsection (4) applies.

(6) The numbers of credits determined in accordance with this section must be rounded to the second decimal place.

(7) For certainty,

(a) the director must not issue credits for consumer sales of ZEV Class C vehicles, and

(b) the director must not issue credits for consumer sales of zero-emission vehicles of a model year that precedes the model year 2019.

 Sections 14.1 and 14.2 were enacted by BC Reg 202/2024, effective October 1, 2024.

 Section 15 (1) BEFORE amended by BC Reg 202/2024, effective October 1, 2024.

(1) In this section, "used ZEV" means a zero-emission vehicle that

(a) has been the subject of a previous retail sale or lease in any jurisdiction outside British Columbia, and

(b) has not been the subject of a previous retail sale or lease in British Columbia.

 Section 15 (3) BEFORE amended by BC Reg 202/2024, effective October 1, 2024.

(3) The director may only enter into an agreement under section 14 (2) of the Act in respect of the following actions:

(a) the retail sale or retail lease in British Columbia of used ZEVs of the following types:

(i) BEV;

(ii) EREV;

(iii) EREV — medium;

(iv) FCEV;

(v) PHEV;

(b) the retail sale or retail lease in British Columbia of zero-emission vehicles that are not light-duty motor vehicles.

 Section 16 (2) BEFORE amended by BC Reg 202/2024, effective October 1, 2024.

(2) For the purposes of section 15 (2) of the Act, the prescribed price is the penalty rate prescribed in section 17 of this regulation plus $500 per credit.

 Section 16.01 was enacted by BC Reg 202/2024, effective October 1, 2024.

 Section 16.1 (2) BEFORE amended by BC Reg 202/2024, effective October 1, 2024.

(2) For the purposes of section 17 (4) (c) [model year report] of the Act, a model year report must include the following additional information about consumer sales of light-duty motor vehicles:

(a) the number of consumer sales of light-duty motor vehicles of the 3 model years immediately preceding the reported model year;

(b) the model year, type of zero-emission vehicle and range for each zero-emission vehicle sold or leased.

[en. B.C. Reg. 196/2020, Sch. 2, s. 1.]

 Section 16.1 (3) was added by BC Reg 202/2024, effective October 1, 2024.

 Part 2.1, sections 16.1 and 16.2 were enacted by BC Reg 196/2020, effective November 1, 2020.

 Section 16.3 was enacted by BC Reg 202/2024, effective October 1, 2024.

 Section 17 BEFORE re-enacted by BC Reg 202/2024, effective October 1, 2024.

Automatic administrative penalty rate

17   For the purposes of section 26 [automatic administrative penalties] of the Act, the prescribed penalty rate is $5 000 for all model years, vehicle classes and ZEV classes.

 Section 18 (1) (a) to (c) BEFORE amended by BC Reg 196/2020, effective November 1, 2020.

(a) section 22 [information requests];

(b) section 23 (2) [audits];

(c) section 25 (3) [inspections].

 Section 18 (1) (d) and (e) were added by BC Reg 196/2020, effective November 1, 2020.

 Section 18 (2) BEFORE amended by BC Reg 196/2020, effective November 1, 2020.

(2) A person who has failed to provide information that is complete and accurate in response to a request under section 22 of the Act is liable to an administrative penalty under section 27 of the Act not exceeding $100 000.

 Section 18 (2) BEFORE amended by BC Reg 202/2024, effective July 8, 2024.

(2) A person who has failed to provide information that is complete and accurate in a model year report, in a supplementary report or in response to a request under section 22 of the Act is liable to an administrative penalty under section 27 of the Act not exceeding $100 000.