Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  auditor

  auditor, in respect of a participant or a producer or importer of renewable fuel, means a person who

  • (a) is independent of the participant, producer or importer, as the case may be; and

  • (b) is certified, for the purposes of carrying out International Organization for Standardization quality assurance (ISO 9000 series) assessments, by

    • (i) the Standards Council of Canada,

    • (ii) the International Register of Certificated Auditors, or

    • (iii) any other nationally or internationally recognized accreditation organization. (vérificateur)

  authorized official

  authorized official means

  • (a) in respect of a corporation, an officer of the corporation who is authorized to act on its behalf;

  • (b) in respect of any other person, that person or a person authorized to act on behalf of that person; and

  • (c) in respect of any other entity, a person authorized to act on its behalf. (agent autorisé)

  batch

  batch means an identifiable quantity of liquid fuel, with a single set of physical and chemical characteristics. (lot)

  biocrude

  biocrude means a liquid feedstock that is derived from renewable fuel feedstock and that is used as a feedstock, with petroleum-derived feedstocks, in a production facility in Canada in the production of gasoline, diesel fuel, heating distillate oil or other liquid petroleum fuels. (biobrut)

  biodiesel

  biodiesel means a liquid fuel that

  • (a) is comprised of at least one mono-alkyl ester produced from one or more renewable fuel feedstocks in reaction with an alcohol reactant;

  • (b) is suitable for use in a diesel engine; and

  • (c) may contain substances, other than the mono-alkyl esters described in paragraph (a), that are not produced from renewable fuel feedstocks, the combined volume of which substances accounts for less than 1.5% of the volume of the fuel. (biodiesel)

  blending facility

  blending facility means

  • (a) a non-mobile facility in Canada where liquid petroleum fuel is blended with renewable fuel; and

  • (b) a fleet of mobile facilities in which that blending occurs in Canada, including a fleet of any combination of cargo tankers, railway cars, boats, marine vessels or any other type of mobile facility. (installation de mélange)

  combustion device

  combustion device means a device in which liquid fuel is combusted to produce useful heat or energy and includes an engine, boiler, furnace and burner. (appareil à combustion)

  competition vehicle

  competition vehicle means a vehicle, boat or marine vessel that is used exclusively for competition. (véhicule de compétition)

  compliance period

  compliance period means a gasoline compliance period or a distillate compliance period, as the context requires. (période de conformité)

  denaturant

  denaturant means a mixture of hydrocarbons that

  • (a) has an end boiling point of less than 225°C;

  • (b) is added to ethanol to make it unsuitable for use as a beverage; and

  • (c) comprises in volume not less than 0.96% and not more than 4.76% of the volume of the ethanol when combined with the mixture of hydrocarbons. (dénaturant)

  diesel fuel

  diesel fuel means a liquid petroleum fuel that

  • (a) is sold or represented as diesel fuel or as fuel suitable for use in a diesel engine; or

  • (b) is subject to evaporation at atmospheric pressure, boils within the range of 130°C to 400°C and is suitable for use in a diesel engine. (carburant diesel)

  distillate compliance period

  distillate compliance period means

  • (a) the period that begins on the day referred to in subsection 40(3) and that ends on December 31 of the next calendar year; and

  • (b) after that December 31, each calendar year. (période de conformité visant le distillat)

  ethanol

  ethanol means a liquid fuel that

  • (a) has a molecular formula of C₂H₅OH;

  • (b) is produced from one or more renewable fuel feedstocks;

  • (c) contains a denaturant;

  • (d) may contain water the volume of which accounts for up to 1.0% of the volume of the fuel; and

  • (e) may contain substances, other than denaturants and water, that are not produced from renewable fuel feedstocks, the combined volume of which substances account for less than 1.0% of the volume of the fuel. (éthanol)

  finished gasoline

  finished gasoline means gasoline that

  • (a) is sold or represented as a fuel suitable for use in a spark-ignition engine; or

  • (b) has an antiknock index of at least 86, as determined by the applicable test method listed in the National Standard of Canada standard CAN/CGSB-3.5-04, Unleaded Automotive Gasoline. (essence finie)

  gasoline

  gasoline means a liquid petroleum fuel that is

  • (a) sold or represented as gasoline, as a fuel suitable for use in a spark-ignition engine or as only requiring the addition of a renewable fuel or oxygenate to make it suitable for use in a spark-ignition engine; or

  • (b) suitable for use in a spark-ignition engine and has the following characteristics, as determined by the applicable test method listed in the National Standard of Canada standard CAN/CGSB-3.5-04, Unleaded Automotive Gasoline:

    • (i) a vapour pressure of at least 38 kPa,

    • (ii) an antiknock index of at least 80,

    • (iii) a distillation temperature, at which 10% of the fuel has evaporated, of not less than 35°C and not greater than 70°C, and

    • (iv) a distillation temperature, at which 50% of the fuel has evaporated, of not less than 65°C and not greater than 120°C. (essence)

  gasoline compliance period

  gasoline compliance period means

  • (a) the period that begins on December 15, 2010 and that ends on December 31, 2012; and

  • (b) after 2012, each calendar year. (période de conformité visant l’essence)

  heating distillate oil

  heating distillate oil means a liquid petroleum fuel that is

  • (a) sold or represented as fuel suitable for use in a domestic-type oil burner; or

  • (b) suitable for use in a domestic-type oil burner. (mazout de chauffage)

  high-renewable-content fuel

  high-renewable-content fuel means a liquid petroleum fuel whose renewable fuel content is

  • (a) greater than 10% and less than or equal to 85% of the volume of the fuel, if the fuel is gasoline;

  • (b) greater than 5% and less than or equal to 80% of the volume of the fuel, if the fuel is diesel fuel; and

  • (c) greater than 25% and less than or equal to 80% of the volume of the fuel, in any other case.

  It does not include a liquid petroleum fuel whose renewable fuel content is chemically indistinguishable from the liquid petroleum fuel. (carburant à haute teneur en carburant renouvelable)

  liquid petroleum fuel

  liquid petroleum fuel means a liquid hydrocarbon-based fuel, even if the fuel has renewable fuel content, but does not include renewable fuel. (carburant à base de pétrole liquide)

  military combat equipment

  military combat equipment means a vehicle, boat, marine vessel, aircraft, engine or heater that is designed for use in combat or combat support during military activities, including reconnaissance missions, rescue missions and training missions. (équipement militaire de combat)

  month

  month means

  • (a) for the period that begins on December 15, 2010 and that ends on January 31, 2011, that period; and

  • (b) in any other case, a calendar month. (mois)

  neat renewable fuel

  neat renewable fuel means biodiesel or another renewable fuel if that other renewable fuel is

  • (a) produced at a facility that uses only renewable fuel feedstock for the production of fuel;

  • (b) suitable for use in a combustion device; and

  • (c) chemically indistinguishable from gasoline, diesel fuel, heating distillate oil, or any other liquid petroleum fuel that is suitable for use in a combustion device. (carburant renouvelable pur)

  neat renewable fuel consumer

  neat renewable fuel consumer, in relation to a batch of neat renewable fuel, means

  • (a) if the batch is dispensed from a retail or card-lock facility into a fuel tank of a combustion device, the owner of the facility;

  • (b) if the batch is dispensed from a facility, other than a facility referred to in paragraph (a), that is operated by the owner of a fleet of vehicles into the fuel tanks of the fleet vehicles, the owner of the fleet of vehicles; and

  • (c) in any other case, the person who uses the batch as fuel in a combustion device. (consommateur de carburant renouvelable pur)

  oxygenate

  oxygenate means an oxygen-containing, ashless, organic compound that, when added to a liquid petroleum fuel, increases the oxygen content in the fuel. (produit oxygéné)

  participant

  participant means a person referred to in section 10. (participant)

  pre-distillate compliance period

  pre-distillate compliance period means the period that begins on December 15, 2010 and that ends on the day that is the earlier of July 31, 2012 and the day before the day on which the first distillate compliance period begins. (période précédant la période de conformité visant le distillat)

  primary supplier

  primary supplier means

  • (a) in respect of gasoline, diesel fuel or heating distillate oil that is produced at a production facility, a person who owns, leases, operates, controls, supervises or manages the production facility; and

  • (b) in respect of gasoline, diesel fuel or heating distillate oil that is imported, the importer. (fournisseur principal)

  production facility

  production facility means a petroleum refinery, or another facility, in Canada at which gasoline, diesel fuel or heating distillate oil is produced, but does not include a blending facility unless the blending facility is part of or adjacent to a petroleum refinery. (installation de production)

  renewable fuel

  renewable fuel means

  • (a) ethanol;

  • (b) biodiesel; and

  • (c) a liquid fuel, other than spent pulping liquor, that is produced from one or more renewable fuel feedstocks but may contain substances that are not produced from renewable fuel feedstocks, the combined volume of which substances accounts for less than 1.5% of the volume of the fuel. (carburant renouvelable)

  renewable fuel feedstock

  renewable fuel feedstock means

  • (a) wheat grain;

  • (b) soy grain;

  • (c) grains other than those mentioned in paragraphs (a) and (b);

  • (d) cellulosic material that is derived from ligno-cellulosic or hemi-cellulosic matter that is available on a renewable or recurring basis;

  • (e) starch;

  • (f) oilseeds;

  • (g) sugar cane, sugar beets or sugar components;

  • (h) potatoes;

  • (i) tobacco;

  • (j) vegetable oils;

  • (k) algae;

  • (l) vegetable materials or other plant materials, other than those mentioned in paragraphs (a) to (k), including biomass;

  • (m) animal material, including fats, greases and oils;

  • (n) animal solid waste; and

  • (o) municipal solid waste. (matière première de carburant renouvelable)

  scientific research

  scientific research does not include research into the preferences of consumers for differing properties of fuels or marketing research. (recherche scientifique)

  spent pulping liquor

  spent pulping liquor means a by-product of the chemical process of turning wood into pulp that consists of wood residue and pulping agents. (liqueur de cuisson résiduaire)

  trade

  trade means exchange or sell. (échange)

  trading period

  trading period, in respect of a compliance period, means the period that begins on the first day of the compliance period and that ends on March 31 of the calendar year following the end of the compliance period. (période d’échange)

  triglyceride-derived biocrude

  triglyceride-derived biocrude means a biocrude that is a glyceride in which the glycerol is chemically bound with three fatty acids. (biobrut issu de triglycérides)

  unfinished gasoline

  unfinished gasoline means gasoline other than finished gasoline. (essence non finie)

• Marginal note:Incorporation by reference

  (2) A standard or method that is incorporated by reference in these Regulations is incorporated as amended from time to time.

General

Application

Marginal note:Non-application threshold — primary suppliers

• 2 (1) Sections 5 to 25, paragraphs 29(b), (f) and (g) and sections 30 to 33 and 35 do not apply, in respect of a gasoline compliance period or of a distillate compliance period, as the case may be, to a primary supplier who produces without any importation or imports without any production, or produces and imports in total, less than 400 m³ of

  • (a) gasoline, during every period of 12 consecutive months in the gasoline compliance period; and

  • (b) diesel fuel and heating distillate oil, during every period of 12 consecutive months in the distillate compliance period.

• Marginal note:Non-application threshold — renewable fuel

  (2) Section 34 does not apply, in respect of a compliance period, to a person who produces without any importation or imports without any production, or produces and imports in total, less than 400 m³ of renewable fuel, during every period of 12 consecutive months in the compliance period.

• Marginal note:Non-application — certain fuels

  (3) Sections 5 to 25, paragraphs 29(b), (f) and (g) and sections 30 to 33 and 35 do not apply, in respect of a compliance period, to a primary supplier who, during the compliance period, produces without any importation or imports without any production, or produces and imports combined, only gasoline, diesel fuel and heating distillate oil that is described in any of paragraphs 6(4)(a) to (j), or any combination of them.

• Marginal note:Non-application — section 28

  (4) Section 28 does not apply, in respect of a compliance period, to a person to whom both subsections (1) and (2), or both subsections (2) and (3), apply in respect of the compliance period.

• Marginal note:Non-application — para. 139(2)(d) of the Act

  (5) These Regulations do not apply in respect of a fuel that is imported in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air.

Marginal note:Opting in notice

• 3 (1) Despite section 2, these Regulations apply to a primary supplier, or a producer or importer of renewable fuel, who opts-in by sending a written notice to the Minister requesting that these Regulations are to apply to them. These Regulations so apply as of a day that is specified in the notice, which day must be at least one day after the day on which the notice is sent.

• Marginal note:Information

  (2) The opt-in notice must contain the information set out in Schedule 1 or 6, as the case may be.

• Marginal note:Rescinding opt-in notice

  (3) The primary supplier, or the producer or importer, as the case may be, may rescind the opt-in notice by fulfilling the requirements described in paragraphs 11(3)(a) to (c).

Measurement of volumes

Marginal note:Requirements

• 4 (1) Subject to subsections (2) and (3), any volume that a person is required to record under these Regulations must be determined

  • (a) by one or more measurement devices that comply with the Weights and Measures Act and the regulations made under that Act; or

  • (b) in accordance with a measurement standard or method that is appropriate for that determination and is cited in the American Petroleum Institute’s Manual of Petroleum Measurement Standards.

• Marginal note:Requirements — transitory rule

  (2) A person may, for the 180 days after the coming into force of this section, use a measurement standard or method that deviates from one referred to in paragraph 1(b), if the person describes that deviation in the report on measurement methods sent under section 35.

• Marginal note:Non-application of subsection (1)

  (3) If there is no measurement device, standard or method referred to in subsection (1) that would allow the person to determine the volume in accordance with that subsection, the person must record the volume as accurately determined by another person who is independent of them. They must record the following information obtained from the other person:

  • (a) the name and civic address of the other person;

  • (b) the volume, expressed in litres, as determined by the other person and the type of fuel or biocrude that the volume comprises;

  • (c) the date on which and the location where the determination was made;

  • (d) the measurement device, standard or method used to determine the volume; and

  • (e) the type of renewable fuel in the volume, if any, and the volume of that renewable fuel, expressed in litres.

• Marginal note:Volumetric correction

  (4) A volume referred to in subsection (1) must be corrected to a temperature of 15°C and, in the case of a volume of biocrude, by subtracting the volume of water contained in the biocrude, if any. However, a person who imports a batch of fuel may correct the volume of the batch to 60°F, if the person records that they made the correction.

• Marginal note:Volumetric correction — transitional

  (5) Despite subsection (4), a volume referred to in paragraph (1)(b) or subsection (3) need not, for the 180 days after the coming into force of this section, be corrected to a temperature of 15°C or 60°F.

• Marginal note:When volume determined

  (6) If the volume of a batch of liquid petroleum fuel is to be measured under subsection (1) at a production facility at which it was produced, the volume must be determined as follows:

  • (a) if the batch is dispatched from a production facility that is owned by a primary supplier to another facility that is owned by the primary supplier in a series of railway cars through which the fuel flows

    • (i) on dispatch of the batch from the production facility, or

    • (ii) on receipt of the batch at that other facility;

  • (b) if the batch is dispensed into the fuel tank of a vehicle or other mobile equipment within the production facility

    • (i) on the batch being sent to a fuel dispensing device — or the storage tank that services the fuel dispensing device — within the production facility, or

    • (ii) on the batch being dispensed from that fuel dispensing device; and

  • (c) in any other case, on dispatch of the batch from the production facility.

• Marginal note:Cubic metres rather than litres

  (7) A volume that is to be recorded or reported

  • (a) under section 29 — if the volume is the volume of a batch referred to in subparagraph 29(e)(iii) or (iv) — or under paragraph 32(1)(d) or (2)(d) or any of subsections 32(4), (5) and (8) may be expressed in cubic metres to three decimal places, rather than in litres, if that unit is indicated in the record or report; and

  • (b) under section 29 — if the volume is a volume not referred to in subparagraph 29(e)(iii) or (iv) — or under any other provision of these Regulations, other than those referred to in paragraph (a), may be expressed in whole cubic metres or in cubic metres to one, two or three decimal places, rather than in litres, if that unit is indicated in the record or report.

• Marginal note:Rounding

  (8) A volume

  • (a) referred to in paragraph (7)(a) that is expressed in cubic metres, is to be rounded to the nearest thousandth of a cubic metre and, if the volume is equidistant between two one-thousandths of a cubic metre, to the higher of them; and

  • (b) referred to in paragraph (7)(b) that is expressed in whole cubic metres or in cubic metres to one, two or three decimal places, is to be rounded, as the case may be, to the nearest whole cubic metre or the nearest one-tenth, one-hundredth, or one-thousandth of a cubic metre and, if the volume is equidistant between two whole cubic metres or two one-tenths, one-hundredths or one-thousandths of a cubic metre, to the higher of them; and

  • (c) referred to in paragraph (7)(a) or (b) that is expressed in litres is to be rounded to the nearest litre and, if the volume is equidistant between two litres, to the higher of them.

PART 1Requirements Pertaining to Gasoline, Diesel Fuel and Heating Distillate Oil

Prescribed Quantities of Renewable Fuel

Marginal note:Gasoline pool

• 5 (1) For the purpose of section 139 of the Act, the quantity of renewable fuel, expressed as a volume in litres, calculated in accordance with subsection 8(1), must be at least 5% of the volume, expressed in litres, of a primary supplier’s gasoline pool for each gasoline compliance period.

• The following provision is not in force.

  Marginal note:Distillate pool

  (2) For the purpose of section 139 of the Act, the quantity of renewable fuel, expressed as a volume in litres, calculated in accordance with subsection 8(2), must be at least 2% of the volume, expressed in litres, of a primary supplier’s distillate pool for each distillate compliance period.

Gasoline Pool and Distillate Pool

Marginal note:Gasoline pool

• 6 (1) A primary supplier’s gasoline pool for a gasoline compliance period is the total volume of the batches of gasoline that they

  • (a) produce at a production facility and, during the gasoline compliance period, either

    • (i) dispatch from the production facility, or

    • (ii) dispense into the fuel tank of a vehicle or other mobile equipment within the production facility; and

  • (b) import during the gasoline compliance period.

• Marginal note:Distillate pool

  (2) A primary supplier’s distillate pool for a distillate compliance period is the total volume of the batches of diesel fuel and heating distillate oil that they

  • (a) produce at a production facility and, during the distillate compliance period, either

    • (i) dispatch from the production facility, or

    • (ii) dispense into the fuel tank of a vehicle or other mobile equipment within the production facility; and

  • (b) import during the distillate compliance period.

• Marginal note:Batches produced from other batches

  (3) Despite subsections (1) and (2), if a primary supplier produces a batch of gasoline, diesel fuel or heating distillate oil at any of their production facilities from other batches of gasoline, diesel fuel or heating distillate oil, as the case may be, received at that production facility, only that portion of the volume of the batch that exceeds the volume of the other batches is counted for the determination of the total volume in their pool. The primary supplier must, under section 29, record this excess portion as if that excess portion were the batch mentioned under that section.

• Marginal note:Excluded volumes

  (4) Despite subsections (1) and (2), a primary supplier may subtract from their gasoline pool or distillate pool, as the case may be, the volume of a batch, or of a portion of the batch, of fuel in their pool if they make, before the end of the trading period in respect of the compliance period, a record that establishes that the volume was a volume of one of the following types of fuel:

  • (a) gasoline, diesel fuel or heating distillate oil, as the case may be, sold for or delivered for use in aircraft;

  • (b) gasoline, diesel fuel or heating distillate oil, as the case may be, sold for or delivered for use in competition vehicles;

  • (c) gasoline, diesel fuel or heating distillate oil, as the case may be, sold for or delivered for use in scientific research;

  • (d) gasoline, diesel fuel or heating distillate oil, as the case may be, sold for or delivered for use as feedstock in the production of chemicals, other than fuels, in a chemical manufacturing facility;

  • (e) diesel fuel or heating distillate oil, as the case may be, sold for or delivered for use in military combat equipment;

  • (f) diesel fuel or heating distillate oil, as the case may be, represented as kerosene and sold for or delivered for use in unvented space heaters, wick-fed illuminating lamps, or flue-connected stoves and heaters;

  • (g) gasoline sold for or delivered for use in Newfoundland and Labrador, the Northwest Territories, Yukon, Nunavut and that part of Quebec that is north of latitude 60°N;

  • (h) diesel fuel or heating distillate oil, as the case may be, sold for or delivered for use in the Northwest Territories, Yukon, Nunavut and that part of Quebec that is north of latitude 60°N;

  • (i) gasoline, diesel fuel or heating distillate oil, as the case may be, for export; and

  • (j) gasoline, diesel fuel or heating distillate oil, as the case may be, in transit through Canada, from a place outside Canada to another place outside Canada.

• Marginal note:Exclusion of renewable fuel

  (5) Despite subsections (1) and (2), a primary supplier may subtract from their gasoline pool or distillate pool, as the case may be, a volume of renewable fuel that is in a batch of fuel in the pool or in an excess portion of a batch of fuel referred to in subsection (3) in the pool if they have a record that establishes that that volume is renewable fuel.

• Marginal note:Reduction for use of biocrude — gasoline

  (6) A primary supplier may subtract from their gasoline pool for a gasoline compliance period 20% of the volume, if any, of biocrude, other than triglyceride-derived biocrude, that they used as feedstock to produce liquid petroleum fuel during the gasoline compliance period.

• Marginal note:Reduction for use of biocrude — distillate

  (7) A primary supplier may subtract from their distillate pool for a distillate compliance period

  • (a) 20% of the volume, if any, of biocrude, other than triglyceride-derived biocrude, that they used as feedstock to produce liquid petroleum fuel during the distillate compliance period; and

  • (b) 85% of the volume, if any, of triglyceride-derived biocrude that they used as feedstock to produce liquid petroleum fuel during the distillate compliance period.

Use of Compliance Units

Marginal note:Representing renewable fuel

• 7 (1) Compliance units, which represent litres of renewable fuel, created under Part 2 are used to establish compliance with section 5.

• Marginal note:Use of compliance units

  (2) A compliance unit may only be used once to establish compliance with section 5 and only in respect of the compliance period during which it was created under any of sections 13 to 16 or into which it was carried forward or carried back under any of sections 21 to 24.

• Marginal note:Use of distillate compliance units for gasoline compliance

  (3) Distillate compliance units may be used to establish compliance with subsection 5(1) for a gasoline compliance period to the extent that they are assigned as the value for DtG_DG in subsection 8(1).

Volume of Renewable Fuel

Marginal note:Gasoline pool

• 8 (1) The volume of renewable fuel in a primary supplier’s gasoline pool for a gasoline compliance period is to be determined in accordance with the equation

  RF_G = Cre_G + Rec_G – Tr_G – Can_G + CF_G + CB_G + DtG_DG

  where

  RF_G

  is the volume, expressed in litres, of renewable fuel in their gasoline pool;

  Cre_G

  is the volume, expressed in litres, that is equal to the number of gasoline compliance units that they created during the gasoline compliance period;

  Rec_G

  is the volume, expressed in litres, that is equal to the number of gasoline compliance units, in respect of the gasoline compliance period, that they received in trade;

  Tr_G

  is the volume, expressed in litres, that is equal to the number of gasoline compliance units, in respect of the gasoline compliance period, that they transferred in trade to another primary supplier;

  Can_G

  is the volume, expressed in litres, that is equal to the number of gasoline compliance units, in respect of the gasoline compliance period, that they are required to cancel;

  CF_G

  is the volume, expressed in litres, that is equal to the number of gasoline compliance units that they carried forward into the gasoline compliance period;

  CB_G

  is the volume, expressed in litres, that is equal to the number of gasoline compliance units that they carried back into the gasoline compliance period, minus the volume, expressed in litres, that is equal to the number of gasoline compliance units that they carried back from the gasoline compliance period into the preceding gasoline compliance period; and

  DtG_DG

  is the volume, expressed in litres, that is equal to the number, if any, of distillate compliance units that they assign as the value for DtG_DG for the gasoline compliance period.

• Marginal note:Distillate

  (2) The volume of renewable fuel in a primary supplier’s distillate pool for a distillate compliance period is to be determined in accordance with the equation

  RF_D = Cre_D + Rec_D – Tr_D – Can_D + CF_D + CB_D – DtG_DD

  where

  RF_D

  is the volume, expressed in litres, of renewable fuel in their distillate pool;

  Cre_D

  is the volume, expressed in litres, that is equal to the number of distillate compliance units that they created during the distillate compliance period;

  Rec_D

  is the volume, expressed in litres, that is equal to the number of distillate compliance units, in respect of the distillate compliance period, that they received in trade;

  Tr_D

  is the volume, expressed in litres, that is equal to the number of distillate compliance units, in respect of the distillate compliance period, that they transferred in trade to another primary supplier;

  Can_D

  is the volume, expressed in litres, that is equal to the number of distillate compliance units, in respect of the distillate compliance period, that they are required to cancel;

  CF_D

  is the volume, expressed in litres, that is equal to the number of distillate compliance units that they carried forward into the distillate compliance period;

  CB_D

  is the volume, expressed in litres, that is equal to the number of distillate compliance units that they carried back into the distillate compliance period, minus the volume, expressed in litres, that is equal to the number of distillate compliance units that they carried back from the distillate compliance period into the preceding distillate compliance period; and

  DtG_DD

  is the volume, expressed in litres, that is equal to

  • (a) for distillate compliance periods other than the first one, the value that they assigned for DtG_DG in subsection (1) for the gasoline compliance period that is the same period as the distillate compliance period, and

  • (b) for the first distillate compliance period, the total of the values that they assigned for DtG_DG in subsection (1) for gasoline compliance periods that overlapped with the first distillate compliance period.

Registration as a Primary Supplier

Marginal note:Registration

• 9 (1) A primary supplier must register by sending to the Minister a registration report that contains the information set out in Schedule 1 at least one day before, during any period of 12 consecutive months in a gasoline compliance period, they produce without any importation or import without any production, or produce and import in total, their 400th m³

  • (a) of gasoline; or

  • (b) of diesel fuel or heating distillate oil, or any combination of them.

• Marginal note:Change of information

  (2) If the information provided in the registration report — other than the information referred to in item 1 of Schedule 1 — changes, the primary supplier must send a notice to the Minister that provides the updated information no later than five days after the change.

PART 2Compliance Unit Trading System

Participants

Marginal note:Who are participants

10 Participants in the trading system are

• (a) primary suppliers; and

• (b) elective participants.

Marginal note:Elective participants

• 11 (1) An elective participant is a person other than a primary supplier who

  • (a) does one or more of the following:

    • (i) blends, in Canada, renewable fuel with liquid petroleum fuel,

    • (ii) produces, in Canada, a liquid petroleum fuel — other than gasoline, diesel fuel and heating distillate oil — by using biocrude as a feedstock,

    • (iii) imports into Canada a liquid petroleum fuel — other than gasoline, diesel fuel and heating distillate oil — that has renewable fuel content,

    • (iv) sells, in Canada, neat renewable fuel to a neat renewable fuel consumer for use as fuel in a combustion device, and

    • (v) uses, as fuel in a combustion device in Canada, neat renewable fuel that they produced or imported; and

  • (b) registers by sending to the Minister a registration report that contains the information set out in Schedule 2 at least one day before they first create a compliance unit.

• Marginal note:Change of information

  (2) If the information provided in the registration report — other than the information referred to in item 1 of Schedule 2 — changes, the elective participant must send a notice to the Minister that provides the updated information no later than five days after the change occurs.

• Marginal note:End of participation

  (3) An elective participant may end their participation in the trading system if they

  • (a) send to the Minister a notice stating that they will end their participation as of a specified date;

  • (b) provide any report or notice that is required by these Regulations; and

  • (c) cancel, as of that specified date, all their compliance units.

Creation of Compliance Units

Marginal note:Participants who may create

• 12 (1) Only the following participants may create a compliance unit:

  • (a) the owner of the blended fuel on its blending referred to in section 13;

  • (b) the importer of the batch referred to in section14;

  • (c) the user of biocrude as feedstock to produce the fuel referred to in section 15; or

  • (d) the seller of the neat renewable fuel, or the participant, referred to in section 16.

• Marginal note:Single creator

  (2) If there is more than one person described in any of paragraphs (1)(a) to (d), the creator of the compliance unit is the participant who, under a written agreement between all those persons, is designated to be the creator of the compliance unit. Without that agreement, no compliance unit is created.

Marginal note:Blending in Canada — gasoline compliance units

• 13 (1) Subject to subsection (3), a single gasoline compliance unit is created for each litre of renewable fuel on its blending in Canada with a batch of liquid petroleum fuel other than diesel fuel or heating distillate oil.

• Marginal note:Blending in Canada — distillate compliance units

  (2) Subject to subsection (3), a single distillate compliance unit is created for each litre of renewable fuel on its blending in Canada with a batch of diesel fuel or heating distillate oil.

• Marginal note:Confirmation of creation

  (3) The creation of a compliance unit under subsection (1) or (2) is confirmed on the making of a record

  • (a) of the information set out in subsection 32(1) related to the resulting blended batch and, if the resulting blended batch is high-renewable-content fuel, subsection 32(3); and

  • (b) referred to in section 31 of its creation.

• Marginal note:No recording, no creation

  (4) Without that recording, the compliance unit is deemed never to have been created.

Marginal note:Importation — gasoline compliance units

• 14 (1) Subject to subsection (3), a single gasoline compliance unit is created for each litre of renewable fuel that is contained in a batch of liquid petroleum fuel, other than diesel fuel or heating distillate oil, on its importation into Canada.

• Marginal note:Importation — distillate compliance units

  (2) Subject to subsection (3), a single distillate compliance unit is created for each litre of renewable fuel that is contained in a batch of diesel fuel, or heating distillate oil, on its importation into Canada.

• Marginal note:Confirmation of creation

  (3) The creation of a compliance unit under subsection (1) or (2) is confirmed on the making of a record

  • (a) of the information set out in subsection 32(2) related to the imported batch and, if the imported batch is high-renewable-content fuel, subsection 32(3); and

  • (b) referred to in section 31 of its creation.

• Marginal note:No recording, no creation

  (4) Without that recording, the compliance unit is deemed never to have been created.

Marginal note:Triglyceride-derived biocrude

• 15 (1) Subject to subsection (3), 17 distillate compliance units are created for each 20 litres of triglyceride-derived biocrude on its use as feedstock to produce liquid petroleum fuel in Canada.

• Marginal note:Other biocrude

  (2) Subject to subsection (3), a single gasoline compliance unit and a single distillate compliance unit are created for each five litres of biocrude, other than triglyceride-derived biocrude, on its use as feedstock to produce liquid petroleum fuel in Canada.

• Marginal note:Confirmation of creation

  (3) The creation of a compliance unit under subsection (1) or (2) is confirmed on the making of a record

  • (a) of the information set out in subsection 32(4) related to the use of biocrude as feedstock; and

  • (b) referred to in section 31 of its creation.

• Marginal note:No recording, no creation

  (4) Without that recording, the compliance unit is deemed never to have been created.

Marginal note:Neat renewable fuel — gasoline compliance units

• 16 (1) Subject to subsection (3), a single gasoline compliance unit is created for each litre of a batch of neat renewable fuel on its

  • (a) sale in Canada to a neat renewable fuel consumer for use as fuel in a combustion device other than a diesel engine or domestic-type burner; or

  • (b) use in Canada as fuel in a combustion device other than a diesel engine or domestic-type burner by a participant who produced or imported the fuel.

• Marginal note:Neat renewable fuel — distillate compliance units

  (2) Subject to subsection (3), a single distillate compliance unit is created for each litre of a batch of neat renewable fuel on its

  • (a) sale in Canada to a neat renewable fuel consumer for use as fuel in a diesel engine or domestic-type burner; or

  • (b) use in Canada as fuel in a diesel engine or domestic-type burner by a participant who produced or imported the fuel.

• Marginal note:Confirmation of creation

  (3) The creation of a compliance unit under subsection (1) or (2) is confirmed on the making of a record

  • (a) of the information set out in subsection 32(5) related to the sale for use, or the use, as fuel in a combustion device of the batch of neat renewable fuel, as the case may be; and

  • (b) referred to in section 31 of its creation.

• Marginal note:No recording, no creation

  (4) Without that recording, the compliance unit is deemed never to have been created.

Marginal note:Limitation

• 17 (1) Despite sections 13 to 15, no compliance unit may be created in respect of

  • (a) a resulting blended batch or imported batch of gasoline, or a batch of gasoline produced from biocrude used as feedstock, if the volume of renewable fuel in the batch comprises more than 85% of the total volume of the batch;

  • (b) a resulting blended batch or imported batch of liquid petroleum fuel other than gasoline, or a batch of liquid petroleum fuel other than gasoline produced from biocrude used as feedstock, if the volume of renewable fuel in the batch comprises more than 80% of the total volume of the batch; and

  • (c) a batch of renewable fuel that results from blending.

• Marginal note:Limitation — municipal solid waste

  (2) Despite sections 13 to 16, no compliance unit may be created in respect of renewable fuel, or biocrude, that was in whole or in part produced from municipal solid waste unless the participant has records that demonstrate that the municipal solid waste

  • (a) has a biogenic carbon content, based on random sampling done at least once every three years, of greater than 50% of the total carbon content, by mass; and

  • (b) is sorted and pre-processed at a facility that has removed all but trace quantities of any pesticides, paints, petroleum oils, solvents, sludges that contain heavy metals, material from tires or radioactive, corrosive, explosive or infectious materials.

Ownership of Compliance Units

Marginal note:Ownership of compliance units

• 18 (1) On creation, a compliance unit is owned by the participant who created it.

• Marginal note:Single owner

  (2) At any given time, a compliance unit may only have a single owner.

Marginal note:Maximum number of gasoline compliance units

• 19 (1) Subject to subsection (3), the number of gasoline compliance units in respect of a gasoline compliance period that a primary supplier may own at the end of each month during the gasoline compliance period must not exceed the greater of

  • (a) six multiplied by the number of litres in the primary supplier’s gasoline pool at the end of that month, determined as if the compliance period ended at the end of that month, and

  • (b) 0.01 multiplied by the number of litres in the primary supplier’s gasoline pool for the preceding gasoline compliance period.

• Marginal note:Maximum number of distillate compliance units

  (2) Subject to subsection (3), the number of distillate compliance units in respect of a distillate compliance period that a primary supplier may own at the end of each month during the distillate compliance period must not exceed the greater of

  • (a) six multiplied by the number of litres in the primary supplier’s distillate pool at the end of that month, determined as if the compliance period ended at the end of that month, and

  • (b) 0.004 multiplied by the number of litres

    • (i) in the case of the first distillate compliance period, in the primary supplier’s distillate pool determined using the pre-distillate compliance period as if it were the distillate compliance period in question, and

    • (ii) in any other case, in the primary supplier’s distillate pool for the preceding distillate compliance period.

• Marginal note:Number of compliance units deemed not included

  (3) For the purpose of subsection (1) or (2), the number of gasoline compliance units or distillate compliance units, as the case may be, that a primary supplier owns at the end of a month is deemed not to include the number of those compliance units, in respect of the compliance period in question, that, during the next month, they transferred in trade that were in excess of those that they received in trade.

Trading of Compliance Units

Marginal note:To primary suppliers

• 20 (1) A compliance unit may only be transferred in trade to a primary supplier.

• Marginal note:When trading permitted

  (2) Only a compliance unit created during, or carried forward into, a compliance period may be transferred in trade, and only if the trade occurs during the trading period in respect of the compliance period.

Carry Forward of Compliance Units

Marginal note:Carry forward — primary suppliers (gasoline)

• 21 (1) Before the end of the trading period in respect of a gasoline compliance period, a primary supplier may carry forward their surplus gasoline compliance units — up to a maximum of 0.01 multiplied by the number of litres in their gasoline pool for that gasoline compliance period — into the next gasoline compliance period.

• Marginal note:Surplus gasoline compliance units

  (2) The number of surplus gasoline compliance units referred to in subsection (1) is the number that equals the number of litres determined according to the following formula:

  RF_G – (0.05 × P_G)

  where

  RF_G

  is the volume, expressed in litres, that the primary supplier determined for the description RF_G in accordance with subsection 8(1) for that gasoline compliance period; and

  P_G

  is the number of litres in the primary supplier’s gasoline pool for that gasoline compliance period, as determined in accordance with section 6.

Marginal note:Carry forward — primary suppliers (distillate)

• 22 (1) Before the end of the trading period in respect of a distillate compliance period, a primary supplier may carry forward their surplus distillate compliance units — up to a maximum of 0.004 multiplied by the number of litres in their distillate pool for that distillate compliance period — into the next distillate compliance period.

• Marginal note:Surplus distillate compliance units

  (2) The number of surplus distillate compliance units referred to in subsection (1) is the number that equals the number of litres determined according to the following formula:

  RF_D – (0.02 × P_D)

  where

  RF_D

  is the volume, expressed in litres, that the primary supplier determined for the description RF_D in accordance with subsection 8(2) for that distillate compliance period; and

  P_D

  is the number of litres in the primary supplier’s distillate pool for that distillate compliance period, as determined in accordance with section 6.

• Marginal note:Carry forward into first distillate compliance period

  (3) When the pre-distillate compliance period ends, a primary supplier may carry forward into the first distillate compliance period distillate compliance units that they own at the end of the pre-distillate compliance period and that have not been assigned, under subsection 7(3), as the value for DtG_DG in subsection 8(1). The number of distillate compliance units that may be so carried forward must not exceed 0.004 multiplied by the number of litres in the primary supplier’s distillate pool determined using the pre-distillate compliance period as if it were the distillate compliance period in question, and for the purpose of subsection 25(4), those distillate compliance units are, during any period between the end of the pre-distillate compliance period and the beginning of the first distillate compliance period, considered to be in the process of being carried forward.

Marginal note:Carry forward — elective participants

23 An elective participant may, before the end of the trading period in respect of a compliance period, carry forward their compliance units — up to a maximum of the number of compliance units that they created during the compliance period — into the next compliance period. For greater certainty, no distillate compliance units may be carried forward by an elective participant into the first distillate compliance period or any gasoline compliance period that occurs before the first distillate compliance period.

Carry Back of Compliance Units

Marginal note:Carry back

• 24 (1) Subject to subsection (2), during the last three months of a trading period in respect of a compliance period, a primary supplier may carry back into the compliance period some, or all, of their compliance units.

• Marginal note:Maximum carried back

  (2) The maximum number of compliance units that may be carried back is

  • (a) for gasoline compliance units, 0.0025 multiplied by the number of litres in the primary supplier’s gasoline pool for the gasoline compliance period; and

  • (b) for distillate compliance units, 0.001 multiplied by the number of litres in the primary supplier’s distillate pool for the distillate compliance period.

Cancellation of Compliance Units

Marginal note:Carry back

• 25 (1) For each compliance unit that a primary supplier carried back into a compliance period, the primary supplier must, before the end of the trading period in respect of the compliance period, cancel from their compliance units that remain after that carrying back

  • (a) two gasoline compliance units for each gasoline compliance unit carried back; and

  • (b) two distillate compliance units for each distillate compliance unit carried back.

• Marginal note:Exports

  (2) For each litre of renewable fuel in a batch of liquid petroleum fuel exported by a participant, or by one of their affiliates who is not a participant, during a compliance period, the participant must, before the end of the trading period in respect of the compliance period, cancel compliance units that were created during, or carried forward or carried back into, the compliance period as follows:

  • (a) one distillate compliance unit, if the liquid petroleum fuel was diesel fuel or heating distillate oil; and

  • (b) one gasoline compliance unit or one distillate compliance unit, in any other case.

• Marginal note:Excess compliance units

  (3) If, at the end of a month, a primary supplier owns a number of compliance units in respect of a compliance period in excess of the maximum permitted under section 19 for the month, that number of their compliance units in respect of the compliance period is cancelled at the end of the next month.

• Marginal note:Unused compliance units

  (4) At the end of the trading period in respect of a compliance period, a compliance unit in respect of the compliance period that is neither used nor carried forward is cancelled.

PART 3Records and Reporting

General

Marginal note:Ministerial request for samples and information

26 Any person who produces, imports or sells gasoline, diesel fuel, heating distillate oil, other liquid petroleum fuel, renewable fuel or biocrude must, on the Minister’s request, provide to the Minister

• (a) a sample of the fuel or biocrude;

• (b) a copy of any record required to be made by the person under these Regulations;

• (c) the name and civic address of any person from whom the fuel or biocrude was acquired and the date of acquisition; or

• (d) a copy of the measurement standard or method used to determine a volume under these Regulations.

Marginal note:Electronic report or notice

• 27 (1) A report or notice that is required under these Regulations must be sent electronically in the form and format specified by the Minister and must bear the electronic signature of an authorized official.

• Marginal note:Paper report or notice

  (2) If the Minister has not specified an electronic form and format or if it is impractical to send the report or notice electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the report or notice must be sent on paper, signed by an authorized official, and in the form and format specified by the Minister. However, if no form and format has been so specified, it may be in any form and format.

• Marginal note:Non-application — auditor’s report

  (3) Subsections (1) and (2) do not apply to the auditor’s report referred to in section 28.

Auditor’s Report

Marginal note:Auditing of records and reports

• 28 (1) A participant, or a producer or importer of renewable fuel, must have their records and reports that are required under these Regulations in respect of each compliance period audited by an auditor. The audit must assess whether the participant’s, the producer’s or the importer’s practices and procedures are, in the auditor’s opinion, appropriate to ensure, and to demonstrate, compliance with these Regulations.

• Marginal note:Auditor’s reports

  (2) The participant, the producer or the importer must obtain a report, signed by the auditor, in respect of the audit that contains the information set out in Schedule 3. They must, on or before June 30 following the end of the compliance period, send the auditor’s report to the Minister.

• Marginal note:Non-application — no compliance units created

  (3) Subsections (1) and (2) do not apply, in respect of a compliance period, to a producer or importer of a renewable fuel who demonstrates, in supporting documents sent together with a report referred to in subsection 34(4), that no compliance units were created from renewable fuel that they produced or imported during the compliance period.

• Marginal note:Non-application before first distillate compliance period

  (4) During the period before the first distillate compliance period, subsections (1) and (2) do not apply to a primary supplier who, during that period, does not produce or import gasoline or create, or receive in trade, a compliance unit.

Primary Suppliers

Marginal note:Records of batches — gasoline pool and distillate pool

29 A primary supplier must make a record of every batch of gasoline, diesel fuel or heating distillate oil that they produce or import during a gasoline compliance period. The record must contain the following information:

• (a) the volume, expressed in litres, of the batch;

• (b) the volume, expressed in litres, of renewable fuel, if any, in the batch;

• (c) whether the batch was finished gasoline, unfinished gasoline, diesel fuel or heating distillate oil;

• (d) the production facility at which the batch was produced or the province via which the importation of the batch occurred;

• (e) the date or dates on which the primary supplier

  • (i) imported the batch,

  • (ii) dispatched the batch from that production facility,

  • (iii) sent the batch to a fuel dispensing device — or the storage tank that services the fuel dispensing device — within that production facility, or

  • (iv) dispensed the batch from that fuel dispensing device;

• (f) if the entire volume of the batch is subtracted under subsection 6(4), the paragraph of that subsection that describes the fuel; and

• (g) if a portion of the volume of the batch is subtracted under subsection 6(4), the paragraph of that subsection that describes the fuel and the volume, expressed in litres, of the portion.

Marginal note:Annual report

30 For each compliance period during which a primary supplier produces or imports gasoline, diesel fuel or heating distillate oil, they must, on or before April 15 following the end of the compliance period, send a report to the Minister that contains the information set out in Schedule 4 for the compliance period.

Participants

Marginal note:Compliance unit account book

• 31 (1) For each trading period in respect of a compliance period, a participant must make a record in a compliance unit account book of the gasoline compliance units and of the distillate compliance units, as the case may be, that they

  • (a) created during, carried forward or carried back into, or carried forward or carried back from, the compliance period;

  • (b) transferred in trade, received in trade, or cancelled during the trading period in respect of the compliance period; and

  • (c) for distillate compliance units, used to establish compliance with subsection 5(1) for a gasoline compliance period because they were assigned, under subsection 7(3), as the value for DtG_DG in subsection 8(1).

• Marginal note:Information

  (2) The participant must, in the compliance unit account book for each month of the trading period in respect of a compliance period, make a record of the month and year and — in respect of any compliance units created during, carried forward or carried back into, or carried forward or carried back from, the compliance period — a record of

  • (a) for each blending facility at which the participant created compliance units, the number of compliance units created as a result of the blending of renewable fuel with liquid petroleum fuel;

  • (b) for each province via which the participant imported liquid petroleum fuel with renewable fuel content, the number of compliance units they created as a result of that importation;

  • (c) for each production facility, the number of compliance units that the participant created as a result of the production of liquid petroleum fuel from biocrude used as feedstock;

  • (d) the number of compliance units that the participant created under section 16 in respect of neat renewable fuel;

  • (e) for each other participant from whom the participant received in trade compliance units, the number of compliance units so received;

  • (f) for each primary supplier to whom the participant transferred in trade compliance units, the number of compliance units so transferred;

  • (g) the number of compliance units that the participant carried forward under sections 21 to 23;

  • (h) the number of compliance units that the participant carried back under subsection 24(1);

  • (i) the number of compliance units that the participant cancelled under subsection 25(1);

  • (j) for each province via which exportation occurred, the number of compliance units that the participant cancelled under subsection 25(2);

  • (k) the number of their compliance units cancelled under subsection 25(3);

  • (l) the number of their compliance units cancelled under subsection 25(4);

  • (m) in the case of an elective participant who ends their participation in the trading system, the number of compliance units cancelled on the date on which they ended their participation;

  • (n) in the case of a primary supplier, the number they assigned, if any, under subsection 7(3), as the value for DtG_DG in subsection 8(1); and

  • (o) the date on which the record was made.

• Marginal note:When record made

  (3) The record must be made within 15 days after the end of the month for which the information is required to be recorded.

• Marginal note:Cumulative information

  (4) In addition, the record must, for each period that begins on the first day of the compliance period and ends at the end of the month in respect of which the information is required to be recorded, include

  • (a) the number of compliance units referred to in each of paragraphs (2)(a) to (n);

  • (b) the number of compliance units that the participant created, carried forward, carried back, transferred in trade, received in trade or cancelled, as the case may be; and

  • (c) the balance of the participant’s compliance units.

• Marginal note:Format

  (5) The compliance unit account book must be in the form and format specified by the Minister. However, if no form and format is so specified, it may be in any form and format.

Marginal note:Records for blended fuel

• 32 (1) A participant who creates a compliance unit under section 13 must make a record of the following information for each batch of the resulting blended fuel:

  • (a) the civic address and name, if any, of the facility where the blending occurred or, if the blending occurred in a mobile facility, the province where it occurred;

  • (b) the date on which the batch was blended;

  • (c) the volume, expressed in litres, of the liquid petroleum fuel that was blended with the renewable fuel and the type of liquid petroleum fuel it was:

    • (i) finished gasoline,

    • (ii) unfinished gasoline,

    • (iii) diesel fuel,

    • (iv) heating distillate oil, or

    • (v) another type of liquid petroleum fuel, in which case, the type must be specified;

  • (d) the type and volume, expressed in litres, of renewable fuel that was blended with the liquid petroleum fuel and, if known,

    • (i) the name, civic address and telephone number of the person from whom the renewable fuel was acquired and of the person who produced the renewable fuel, and

    • (ii) each type of renewable fuel feedstock that was used to produce the renewable fuel; and

  • (e) the content of renewable fuel in the batch, expressed as per cent by volume.

• Marginal note:Records for imported fuel

  (2) A participant who creates a compliance unit under section 14 must make a record of the following information for each batch of the imported fuel:

  • (a) the province via which the importation occurred and the point of entry into Canada;

  • (b) the date that the batch was imported and, if known, the name, civic address and telephone number of the person from whom the batch was acquired and of the person who produced the batch;

  • (c) the volume, expressed in litres, of the batch and the type of fuel it was:

    • (i) finished gasoline,

    • (ii) unfinished gasoline,

    • (iii) diesel fuel,

    • (iv) heating distillate oil, or

    • (v) another type of liquid petroleum fuel, in which case, the type must be specified;

  • (d) for the renewable fuel in the batch,

    • (i) the type of renewable fuel,

    • (ii) the volume, expressed in litres, of the renewable fuel, and

    • (iii) if known, each type of renewable fuel feedstock that was used to produce the renewable fuel and the country of origin of that renewable fuel; and

  • (e) the content of renewable fuel in the batch, expressed as per cent by volume.

• Marginal note:Records for high-renewable-content fuel

  (3) A participant who creates a compliance unit under section 13 or 14 must make a record of the following information for each batch of high-renewable-content fuel that resulted from blending or was imported, as the case may be:

  • (a) information that establishes that the high-renewable-content fuel

    • (i) was sold in Canada for use as fuel in a combustion device and was identified as being high-renewable-content fuel in a cautionary statement in both official languages that identified its renewable fuel type, that specified its minimum renewable fuel content and that stated that it may not be suitable for some engines and that the owner’s manual ought to be consulted on this matter, which statement must have been

      • (A) on the fuel dispensing device that dispensed the fuel into a fuel tank of a combustion device, in a location and manner that allowed it to be easily read by a person while dispensing the fuel, or

      • (B) in a document provided, prior to the sale or transfer of the fuel, to the person who used it as fuel in a combustion device, or

    • (ii) was used in Canada by the participant as fuel in a combustion device;

  • (b) the type of combustion device, namely, a diesel engine, a domestic-type burner, a spark-ignition engine, a boiler, a furnace or another type; and

  • (c) the civic address of each facility to which the high-renewable-content fuel was delivered to be dispensed into a fuel tank of a combustion device and the date of that delivery.

• Marginal note:Records for biocrude as feedstock

  (4) A participant who creates a compliance unit under section 15 must, once per month, make a record that contains the following information related to the use of biocrude as feedstock during the previous month:

  • (a) the civic address and name, if any, of the production facility; and

  • (b) for each of type of biocrude so used,

    • (i) the month and year in which the biocrude was used,

    • (ii) the volume, expressed in litres,

    • (iii) the name of each person from whom the biocrude was acquired, if any,

    • (iv) if known, the name of each person who produced the biocrude, and

    • (v) if known, each type of renewable fuel feedstock that was used to produce the biocrude and the country of origin of that biocrude.

• Marginal note:Records for neat renewable fuel

  (5) A participant who creates a compliance unit under section 16 must make a record of the following information for the batch of neat renewable fuel in question:

  • (a) information that establishes that the neat renewable fuel

    • (i) was sold in Canada for use as fuel in a combustion device and, for neat renewable fuel that is biodiesel, was identified as being neat renewable fuel in a cautionary statement in both official languages that identified its type and that stated that it may not be suitable for some engines and that the owner’s manual ought to be consulted on this matter, which statement must have been

      • (A) on the fuel dispensing device that dispensed the fuel into a fuel tank of a combustion device, in a location and manner that allowed it to be easily read by a person while dispensing the fuel, or

      • (B) in a document provided, prior to the sale or transfer of the fuel, to the person who used it as fuel in a combustion device, or

    • (ii) was used in Canada by the participant as a fuel in a combustion device;

  • (b) the type of combustion device, namely, a diesel engine, a domestic-type burner, a spark-ignition engine, a boiler, a furnace or another type;

  • (c) the type of neat renewable fuel and the volume, expressed in litres, of the batch;

  • (d) the date on which the batch was sold or used;

  • (e) the name and the civic address of the neat renewable fuel consumer in respect of the batch;

  • (f) the civic address of each facility where the neat renewable fuel was dispensed into the fuel tank of the combustion device;

  • (g) the name, civic address and telephone number of the person, if any, from whom the neat renewable fuel was acquired and of the person who produced the neat renewable fuel, if known; and

  • (h) if known, each type of renewable fuel feedstock that was used to produce the neat renewable fuel.

• Marginal note:Records for trades

  (6) For each trade, a participant who transfers in trade, or receives in trade, compliance units must record the following information:

  • (a) the name of the primary supplier who received compliance units in trade;

  • (b) the name of the other participant who transferred in trade the compliance units to the participant;

  • (c) the date of the trade and the trading period in respect of which the trade is made;

  • (d) the number of gasoline compliance units traded, if any; and

  • (e) the number of distillate compliance units traded, if any.

• Marginal note:Record — section 19

  (7) Within 15 days after the end of each month during a compliance period, a primary supplier must make a record of the number calculated in accordance with subsection 19(1) or (2), as the case may be, for that month.

• Marginal note:Records for exports

  (8) For each batch of renewable fuel, or of liquid petroleum fuel that has renewable fuel content, that is exported by a participant or by one of their affiliates who is not a participant, the participant must make a record of

  • (a) the province via which the batch was exported;

  • (b) the type of fuel, from the following fuel types, that was exported:

    • (i) renewable fuel, in which case, the type of renewable fuel and, if known, each type of renewable fuel feedstock that was used to produce that renewable fuel,

    • (ii) finished gasoline,

    • (iii) unfinished gasoline,

    • (iv) diesel fuel,

    • (v) heating distillate oil, or

    • (vi) another type of liquid petroleum fuel, in which case, the type must be specified; and

  • (c) the volume, expressed in litres, of the batch of renewable fuel or of the renewable fuel content in the batch, as the case may be.

• Marginal note:Documents establishing renewable fuel

  (9) A person who creates a compliance unit based on a litre of renewable fuel or neat renewable fuel must have documentation that establishes that the fuel is renewable fuel or neat renewable fuel, as the case may be, as defined in subsection 1(1).

• Marginal note:Documents establishing biocrude

  (10) A person who creates a compliance unit based on a volume of biocrude must have documentation that establishes

  • (a) in the case of biocrude other than triglyceride-derived biocrude, that it is biocrude as defined in subsection 1(1); and

  • (b) in the case of triglyceride-derived biocrude, that it is triglyceride-derived biocrude as defined in that subsection.

Marginal note:Annual report

33 For each compliance period in respect of which a compliance unit is created, carried forward, carried back, transferred in trade, received in trade, or cancelled by a participant, the participant must, on or before April 15 following the end of the compliance period, send a report to the Minister that contains the information set out in Schedule 5 for the compliance period.

Producers or Importers of Renewable Fuel

Marginal note:Registration

• 34 (1) A producer in, or an importer into, Canada of renewable fuel must register by sending to the Minister a registration report that contains the information set out in Schedule 6 at least one day before they produce without any importation or import without any production, or their production and importation combined reaches, 400 m³ of renewable fuel during any period of 12 consecutive months in a gasoline compliance period.

• Marginal note:Change of information

  (2) If the information provided in the registration report — other than the information referred to in item 1 of Schedule 6 — changes, the producer or importer must send a notice to the Minister that provides the updated information no later than five days after the change.

• Marginal note:Record-keeping

  (3) The producer or importer must — for each batch of renewable fuel that they produce in, import into or sell in Canada during a gasoline compliance period — make a record of the following information:

  • (a) the type of renewable fuel;

  • (b) if known, each type of renewable fuel feedstock that was used to produce the renewable fuel;

  • (c) the volume of the batch, expressed in litres;

  • (d) for a batch that was produced, the civic address of the facility at which it was produced and the date or dates on which they dispatched the batch from that facility or sent the batch to a fuel dispensing device within that facility;

  • (e) for a batch that was imported, the province via which importation occured, the date of importation of the batch and its country of origin;

  • (f) the date of sale, if any, of the batch and the name of the person to whom it was sold;

  • (g) whether the batch of renewable fuel is to be exported and, if so

    • (i) in the case of fuel that is sold by the producer or the importer prior to its exportation, the province in which the fuel was located when ownership of the fuel was transferred by that sale, and

    • (ii) in any other case, the province via which the exportation is to occur; and

  • (h) if known, whether the batch of renewable fuel is to be blended with liquid petroleum fuel at a facility in Canada and, if so, the name of the person, or persons, who is to own the resulting blended fuel and the civic address of the facility.

• Marginal note:Annual report

  (4) For each gasoline compliance period during which the producer or importer produces or imports renewable fuel, they must, on or before February 15 following the end of the compliance period, send a report to the Minister that contains the information set out in Schedule 7 for the gasoline compliance period.

Persons Who Are Required To Register

Marginal note:Report on measurement methods

• 35 (1) A person who sends a registration report must send to the Minister a report on measurement methods, signed by an authorized official, that contains the information set out in Schedule 8 on or before the later of the day that is 180 days after the day on which this section comes into force and the day on which they send the registration report. The report on measurement methods must provide that information for each facility, and for each province via which importation occurs, that is, or is to be, identified in the registration report.

• Marginal note:Change of information

  (2) If the information provided in the report on measurement methods — other than the information reported under item 1 of Schedule 8 — changes, the person must send a notice to the Minister that provides the updated information no later than five days after the change.

• Marginal note:Decommissioning of a facility

  (3) Subsection (1) does not apply in respect of a production facility that is decommissioned, and ceases producing gasoline, diesel fuel and heating distillate oil, before the day that is 180 days after this section comes into force.

Sellers of Fuel for Export

Marginal note:Record-keeping

• 36 (1) A person other than a participant, or a producer or importer of renewable fuel, who, during a gasoline compliance period, sells for export a batch of renewable fuel, or of liquid petroleum fuel that has renewable fuel content, must record

  • (a) the type of fuel, from the following fuel types, that was so sold:

    • (i) renewable fuel, in which case, the type of renewable fuel must be specified and, if known, each type of renewable fuel feedstock that was used to produce that renewable fuel,

    • (ii) finished gasoline,

    • (iii) unfinished gasoline,

    • (iv) diesel fuel,

    • (v) heating distillate oil, or

    • (vi) another type of liquid petroleum fuel, in which case, the type must be specified; and

  • (b) the volume, expressed in litres, of the batch of renewable fuel or of the renewable fuel content in the batch of liquid petroleum fuel, as the case may be; and

  • (c) the province in which the batch was located when ownership of the batch was transferred.

• Marginal note:Annual report

  (2) For each gasoline compliance period during which the person sold for export a batch referred to in subsection (1), they must, on or before February 15 following the end of the compliance period, send a report to the Minister that contains the following information for the compliance period, for each type of renewable fuel by each province in which the fuel was located when ownership of the fuel was transferred by that sale:

  • (a) the volume, expressed in litres, of renewable fuel sold for export and, if known, that volume, by each type of renewable fuel feedstock; and

  • (b) the volume, expressed in litres, of renewable fuel content in each type of liquid petroleum fuel sold for export.

• Marginal note:Non-application

  (3) Subsections (1) and (2) do not apply to a person who, during a gasoline compliance period, sells for export less than 1000 m³ of renewable fuel or of liquid petroleum fuel that has renewable fuel content.

Record-making and Retention of Information

Marginal note:When records made

37 Except as otherwise provided in these Regulations, records must be made as soon as feasible but no later than 15 days after the information to be recorded becomes available.

Marginal note:Retention of records

• 38 (1) A person who is required under these Regulations to make a record or send a report or notice must keep the record or a copy of the report or notice, as well as any supporting documents that relate to the information contained in that record or copy, for at least five years after they make the record or send the report or notice. The record or copy must be kept at the person’s principal place of business in Canada or at any other place in Canada where it can be inspected. If the record or copy is kept at one of those other places, the person must provide the Minister with the civic address of that other place.

• Marginal note:Supporting documents

  (2) Every participant must keep supporting documents evidencing the information recorded under section 31 in their compliance unit account book and recorded under sections 29 and 32, including,

  • (a) data on and calculations of volumes recorded;

  • (b) dated metered-values, bills of lading, invoices, sales receipts, records of payment and records of transactions for gasoline, diesel fuel, heating distillate oil, renewable fuel and biocrude that are used, blended, sold, imported or acquired from or transferred to another fuel supplier or facility; and

  • (c) dated contracts, records of transfer, invoices, records of payment and agreements for transfers of gasoline, diesel fuel, heating distillate oil, renewable fuel, biocrude and compliance units.

Interim Reports

Marginal note:December 15, 2010 to December 31, 2011

39 A person who would, if the first gasoline compliance period were to finish on December 31, 2011, be required to submit a report under section 30 or 33 or subsections34(4) or 36(2) must submit an interim report to the Minister for the period that begins on December 15, 2010 and that ends on December 31, 2011 in accordance with that section or subsection but as if that period were the first gasoline compliance period.

Coming into Force

Marginal note:Registration

• 40 (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which they are registered.

• Marginal note:Gasoline requirements and trading system

  (2) Subsection 5(1), sections 6 to 8, sections 12 to 25 and 28 to 33, subsections 34(3) and (4) and sections 36 and 39 come into force on December 15, 2010.

• Marginal note:Distillate requirements

  (3) Subsection 5(2) comes into force on a day to be fixed by amendment to this subsection.