Sulphur in Gasoline Regulations (SOR/99-236)

Regulations are current to 2017-11-06 and last amended on 2015-07-16. Previous Versions

Methods for Sampling and Analysis

  •  (1) For the purposes of these Regulations, when a primary supplier takes samples they shall use one of the following methods:

    • (a) in the case where the primary supplier is using an alternative sampling method in accordance with subsection 6(1) of the Benzene in Gasoline Regulations, that sampling method;

    • (b) in any other case, the sampling method described in the National Standard of Canada CAN/CGSB-3.5-2011, entitled Automotive Gasoline.

  • (2) For the purposes of these Regulations,

    • (a) the concentration of sulphur in gasoline and the concentration of sulphur in an oxygenate shall be measured in accordance with the ASTM International test method D5453-12, entitled Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence; and

    • (b) the concentration of sulphur in butane shall be measured in accordance with the ASTM International test method D6667-14, entitled Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence.

  • (3) to (5) [Repealed, SOR/2003-319, s. 4]

  • (6) For the purposes of sections 12, 24 and 25, if a primary supplier is using an alternative method in accordance with subsection 6(2) of the Benzene in Gasoline Regulations, they may use that method to analyze samples of gasoline.

  • (7) Despite subsection (6), compliance with a requirement set out in section 2 shall be determined in accordance with the test methods set out in subsection (2).

  • SOR/2003-319, s. 4;
  • SOR/2015-187, s. 4.

 [Repealed, SOR/2015-187, s. 5]

Records of Type of Gasoline

  •  (1) A primary supplier may, before importing a batch of gasoline or dispatching one from a refinery or blending facility, identify the gasoline by recording it as one of the following types:

    • (a) low-sulphur gasoline;

    • (b) gasoline for use in aircraft;

    • (c) gasoline for use in competition vehicles;

    • (d) gasoline for use in scientific research;

    • (e) gasoline for export;

    • (f) gasoline in transit through Canada; or

    • (g) [Repealed, SOR/2015-187, s. 6]

    • (h) gasoline-like blendstock.

  • (2) Any batch of gasoline dispatched by a primary supplier from a refinery or blending facility, or imported by a primary supplier, that has not been identified and recorded under subsection (1) is considered, for the purposes of these Regulations, to have been identified as low-sulphur gasoline.

  • (3) A primary supplier shall, for each batch of gasoline that is identified as a type referred to in any of paragraphs (1)(b) to (f), keep a record of its type and the use for which it was sold or delivered.

  • SOR/2003-319, s. 6;
  • SOR/2015-187, s. 6.

Gasoline-like Blendstock

  •  (1) Before any batch of gasoline-like blendstock is dispatched from a refinery or blending facility, or imported or sold, the person who dispatches, imports or sells the batch shall make a record that identifies the fuel as “gasoline-like blendstock that is intended to be further refined or blended to produce low-sulphur gasoline” and that contains the following information:

    • (a) the name and address of the person who dispatched, imported or sold the batch;

    • (b) the name and address of the primary supplier who originally produced or imported the batch;

    • (c) the registration number pertaining to the refinery or blending facility at which the batch was produced or to the province into which the batch had originally been imported;

    • (d) the name and address of the person who purchases or receives the batch and the name and address of the facility to which the batch is dispatched;

    • (e) the date of the dispatch, importation or sale of the batch; and

    • (f) the volume of the batch that is scheduled to be dispatched or imported.

  • (2) No person shall sell a batch of gasoline-like blendstock without providing the person purchasing or receiving the batch, before the transfer of possession or ownership of the batch, with a copy of the record that the seller is required to make under subsection (1).

  • (3) [Repealed, SOR/2015-187, s. 7]

  • SOR/2003-319, s. 7;
  • SOR/2015-187, s. 7.

Retention of Records

 Every person required to make a record under section 5 or 6 shall maintain the record in Canada for a period of five years after the day on which the record was made.

  • SOR/2003-319, s. 7.

Submission of Samples and Records

 At the Minister’s request, any person who produces, imports or sells gasoline shall submit to the Minister

  • (a) a sample of the gasoline;

  • (b) a copy of any records required by section 5, 6 or 12; and

  • (c) the name and address of any person from whom the gasoline was acquired and the date of acquisition.

  • SOR/2000-104, s. 7.

PART 2Requirements Pertaining to a Pool Average

Pool Average Election

  •  (1) A primary supplier may, in respect of a pool, elect to calculate the concentration of sulphur in gasoline that is in the pool on the basis of a pool average by submitting to the Minister a notice of the election within the period specified in subsection (2.1).

  • (1.1) A pool shall be composed of one of the following:

    • (a) gasoline that is produced at a particular refinery;

    • (b) gasoline that is produced at a particular blending facility;

    • (c) gasoline that is imported.

  • (2) Notice of an election under subsection (1) shall

    • (a) specify the pool to which the election applies;

    • (b) describe the techniques that the primary supplier will use to construct and evidence the pool average, including

      • (i) the location at its facilities where, the manner in which, and the frequency with which, the primary supplier will collect samples,

      • (ii) the location at which the primary supplier will determine the sulphur concentration of batches,

      • (iii) the method by which the primary supplier will determine the volume of batches,

      • (iv) the method by which the primary supplier will make and maintain the records,

      • (v) the location in Canada where the primary supplier will keep the samples and records, and

      • (vi) how subparagraphs (i) to (v) will be applied to any batch referred to in any of subsections 10(3) to (5); and

    • (c) if the primary supplier intends to adjust the recorded concentration of sulphur of a batch of gasoline in accordance with subsection 10(6), describe the techniques that the primary supplier will use to construct and evidence that adjustment and the sulphur concentration and volume of the sulphur-limited oxygenate or sulphur-limited butane added to the batch, including

      • (i) the name and civic address of each facility at which the sulphur-limited oxygenate or sulphur-limited butane will be added,

      • (ii) the method by which, and the location at which, the primary supplier will determine the sulphur concentration of the sulphur-limited oxygenate or sulphur-limited butane,

      • (iii) the method by which the primary supplier will determine the volume of the sulphur-limited oxygenate or sulphur-limited butane,

      • (iv) the method by which the primary supplier will adjust the sulphur concentration of each batch,

      • (v) the method by which the primary supplier will keep the record required under paragraph 12(d), and

      • (vi) the location in Canada where the primary supplier will keep the records.

  • (2.1) The notice shall be submitted to the Minister

    • (a) in the case where the primary supplier is, for the first time, producing or importing gasoline, no later than 60 days before the first day on which the gasoline is produced or imported; and

    • (b) in any other case, no later than November 1 of the year before the first year in respect of which the calculation will be made on the basis of a pool average.

  • (3) At least 45 days before the day on which any change that affects information referred to in subsection (2) is implemented, the primary supplier shall submit a notice containing the updated information to the Minister.

  • (4) A primary supplier may withdraw an election made under subsection (1) by submitting to the Minister a notice to that effect at least 60 days before the end of the last year to which the election applies.

  • (5) All notices submitted under this section shall be signed by an authorized official and sent by registered mail or courier.

  • SOR/2015-187, s. 8.
 
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