Government of Canada opens investigation into Volkswagen’s alleged use of devices to circumvent emissions regulations

Environment Canada announced on Tuesday that it has opened an investigation into Volkswagen’s alleged use of defeat devices to circumvent emissions regulations.

On Sept. 18, the United States Environmental Protection Agency (EPA) issued a Notice of Violation of the Clean Air Act to Volkswagen, alleging that four-cylinder Volkswagen and Audi diesel cars from model years 2009-2015 included a “defeat device” that enable the cars to circumvent EPA emissions standards for certain air pollutants, Environment Canada said in a statement.

“It is estimated that approximately 100,000 Volkswagen and Audi four-cylinder diesel cars of the model years 2009-2015 were sold in Canada,” the statement said, adding that “car owners should know that while the alleged defeat device hinders the effectiveness of a vehicle’s air pollutant control systems, it is not a safety issue.”

Environment Canada explained that it works closely with the EPA to ensure that “common environmental outcomes are achieved.” The Government of Canada has also implemented stringent emissions standards to address air pollutants from new cars sold in Canada to help ensure clean air for Canadians in alignment with the EPA’s standards.

“Upon becoming aware of this issue, Environment Canada acted quickly to examine potential implications for Canada and is in communications with its U.S. EPA counterparts and representatives of Volkswagen Group Canada Inc.,” the statement went on to say.

Specific details of the investigation were not released by Environment Canada. “An investigation involves gathering, from a variety of sources, evidence and information relevant to a suspected violation,” the statement said. “As the investigation is ongoing, it would be inappropriate to provide further information at this time.”

Canadian legislation and regulations prohibit vehicle manufacturers and importers from equipping a vehicle with a defeat device. If officers uncover sufficient evidence of violations, enforcement action will be taken in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act (CEPA 1999).

A large corporation can face a maximum fine on conviction on indictment of $6 million for each offence. Violators may also have to forfeit any profits earned as a result of an offence.

Corporate officials can be prosecuted if they authorize, accept or participate in any violation of CEPA 1999 or its regulations. A range of sentences may be available upon conviction, including fines and possible imprisonment, the statement said.