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Renewable Fuels Regulations (SOR/2010-189)

Regulations are current to 2019-08-28 and last amended on 2013-10-25. Previous Versions

Renewable Fuels Regulations

SOR/2010-189

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2010-08-23

Renewable Fuels Regulations

P.C. 2010-1080 2010-08-23

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on April 10, 2010, a copy of the proposed Renewable Fuels Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas the Governor in Council is of the opinion that the proposed Regulations could make a significant contribution to the prevention of, or reduction in, air pollution resulting from, directly or indirectly, the presence of renewable fuel in gasoline, diesel fuel or heating distillate oil;

And whereas, pursuant to subsection 140(4) of that Act, before recommending the proposed Regulations, the Minister of the Environment offered to consult with the provincial governments and the members of the National Advisory Committee who are representatives of aboriginal governments;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to sections 140Footnote c and 326 of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Renewable Fuels Regulations.

Interpretation

Marginal note:Definitions

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

    auditor

    auditor, in respect of a participant or a producer or importer of renewable fuel, means an individual or a firm that

    • (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 14000 or 9000 series) assessments, by the International Register of Certificated Auditors or by 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 July 1, 2011 and that ends on December 31, 2012;

    • (b) the period that begins on January 1, 2013 and that ends on December 31, 2014; and

    • (c) after December 31, 2014, 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-3.5-2011, 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-3.5-2011, 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 June 30, 2011. (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.

  • SOR/2011-143, s. 1
  • SOR/2013-187, s. 1
 
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