Renewable Fuels Regulations (SOR/2010-189)

Regulations are current to 2019-08-15 and last amended on 2013-10-25. Previous Versions

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

Gasoline Pool and Distillate Pool

Marginal note:Gasoline pool

  •  (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, before carrying forward any compliance units under section 21 or 22, 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;

    • (f.1) diesel fuel or heating distillate oil, as the case may be, sold for or delivered for use for space heating purposes;

    • (g) gasoline, diesel fuel or heating distillate oil, as the case may be, 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) on or before December 31, 2012, diesel fuel or heating distillate oil, as the case may be, sold for or delivered for use in Nova Scotia, New Brunswick, Prince Edward Island and that part of Quebec that is on or south of latitude 60°N;

    • (h.1) during the period that begins on January 1, 2013 and that ends on June 30, 2013, diesel fuel or heating distillate oil, as the case may be, sold for or delivered for use in Nova Scotia, New Brunswick and Prince Edward Island;

    • (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.

  • SOR/2011-143, s. 3
  • SOR/2013-187, s. 2

Use of Compliance Units

Marginal note:Representing renewable fuel

  •  (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 DtGDG in subsection 8(1).

Volume of Renewable Fuel

Marginal note:Gasoline pool

  •  (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

    RFG = CreG + RecG – TrG – CanG + CFG + CBG + DtGDG

    where

    RFG
    is the volume, expressed in litres, of renewable fuel in their gasoline pool;
    CreG
    is the volume, expressed in litres, that is equal to the number of gasoline compliance units that they created during the gasoline compliance period;
    RecG
    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;
    TrG
    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;
    CanG
    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;
    CFG
    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;
    CBG
    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
    DtGDG
    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 DtGDG for the gasoline compliance period.
  • Marginal note:Distillate pool

    (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

    RFD = CreD + RecD – TrD – CanD + CFD + CBD – DtGDD

    where

    RFD
    is the volume, expressed in litres, of renewable fuel in their distillate pool;
    CreD
    is the volume, expressed in litres, that is equal to the number of distillate compliance units that they created during the distillate compliance period;
    RecD
    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;
    TrD
    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;
    CanD
    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;
    CFD
    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;
    CBD
    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
    DtGDD
    is the volume, expressed in litres, that is equal to
    • (a) for distillate compliance periods other than the first and second ones, the value that they assigned for DtGDG in subsection (1) for the gasoline compliance period that is the same period as the distillate compliance period,

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

    • (c) for the second distillate compliance period, the total of the values that they assigned for DtGDG in subsection (1) for gasoline compliance periods that overlapped with the second distillate compliance period.

  • SOR/2011-143, s. 4(E)
  • SOR/2013-187, s. 3
 
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