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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

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

Registration as a Primary Supplier

Marginal note:Registration

  •  (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 paragraph 1(b) or (c) 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.

  • SOR/2011-143, s. 5

PART 2Compliance Unit Trading System

Participants

Marginal note:Who are participants

 Participants in the trading system are

  • (a) primary suppliers; and

  • (b) elective participants.

Marginal note:Elective participants

  •  (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 paragraph 1(b) or (c) 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.

  • 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.

  • Marginal note:Becoming a primary supplier

    (4) Despite subsection (3), when an elective participant becomes a primary supplier

    • (a) they cease to be an elective participant; and

    • (b) they retain their compliance units.

  • SOR/2011-143, s. 6
  • SOR/2013-187, s. 4

Creation of Compliance Units

Marginal note:Participants who may create

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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.

 
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