Sulphur in Diesel Fuel Regulations

5 (1) Every person who produces or imports diesel fuel shall, for each calendar year during which diesel fuel is produced or imported, submit to the Minister, within 45 days after the end of that calendar year, a report that contains the information referred to in Schedule 1 for each facility where the person produces diesel fuel and for each province into which the person imports diesel fuel.

(2) For the purposes of the report referred to in subsection (1), the concentration of sulphur in diesel fuel shall be calculated using

• (a) the method referred to in section 4; or

• (b) a method equivalent to the one specified in paragraph (a) on the condition that the producer or importer sends to the Minister, at least 60 days before using the method, a description of the method together with evidence that demonstrates that the method provides results equivalent to those provided by the method specified in paragraph (a) and that equivalency of the chosen method has been validated in accordance with ASTM International standard ASTM D6708-16, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material.

(3) For greater certainty, the method referred to in paragraph (2)(b) is to be used for reporting purposes only and shall not be used for the purpose of determining compliance with the concentration requirements referred to in section 3.

(4) Every person who intends to produce or import diesel fuel shall submit to the Minister a report that contains the information set out in Schedule 2 no later than five days before the day on which the person produces or imports diesel fuel for the first time.

(5) Subject to subsection (5.1), a person who has submitted a report under subsection (4) shall notify the Minister in writing of any change in the information in the report, except for changes regarding typical annual volumes or the authorized official, no later than five days after the change.

(5.1) A person who submitted a report under subsection (4) before the coming into force of this subsection shall submit a new report no later than 60 days after the day on which this subsection comes into force if the diesel fuel is produced or imported for

• (a) use in vessel engines other than those installed on a vessel propelled by a large diesel engine;

• (b) use in vessel engines installed on a vessel propelled by a large diesel engine;

• (c) use in small stationary engines;

• (d) use in large stationary engines; or

• (e) use in scientific research.

(6) [Repealed, SOR/2017-110, s. 13]

(7) A copy of each report or notice that is required under this section shall be kept, for a period of five years after the report or notice is submitted to the Minister, at the production facility in Canada or at the importer’s principal place of business in Canada as identified in the information submitted under subsections (4), (5) and (5.1).