Renewable Fuels Regulations (SOR/2010-189)

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

PART 3Records and Reporting (continued)

Participants (continued)

Marginal note:Annual report

 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 30 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.

  • SOR/2013-187, s. 11

Producers or Importers of Renewable Fuel

Marginal note:Registration

  •  (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 paragraph 1(b) or (c) 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 occurred, 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) if known, whether the batch of renewable fuel is to be exported and, if so,

      • (i) in the case of fuel that is sold for export by the producer or the importer before its exportation, the province in which the batch was located when ownership of the batch 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.

  • SOR/2011-143, s. 14

Persons Who Are Required To Register

Marginal note:Report on measurement methods

  •  (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 referred to in paragraph 1(b) or (c) 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.

  • SOR/2011-143, s. 15

Sellers of Fuel for Export

Marginal note:Record-keeping

  •  (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

 Except as otherwise provided in these Regulations, records must be made as soon as feasible but no later than 30 days after the information to be recorded becomes available.

  • SOR/2013-187, s. 12

Marginal note:Retention of records

  •  (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

  •  (1) A person who would, if the first gasoline compliance period were to end on December 31, 2011, be required to send a report under section 30 or 33 or subsection 34(4) or 36(2) must send 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.

  • Marginal note:January 1, 2013 to December 31, 2013

    (2) A person who would, if the second distillate compliance period were to end on December 31, 2013, be required to send a report under section 30 or 33 must send an interim report to the Minister for the period that begins on January 1, 2013 and that ends on December 31, 2013 in accordance with that section but as if that distillate compliance period ended on December 31, 2013.

  • SOR/2011-143, s. 16(F)
  • SOR/2013-187, s. 13
 
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