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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

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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.

(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.

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

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)

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)

neat renewable fuel

neat renewable fuel  means biodiesel or another renewable fuel if that other renewable fuel is

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• (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)

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 feedstock

renewable fuel feedstock  means

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• (j) vegetable oils;

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• (m) animal material, including fats, greases and oils;

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(2) For each litre of renewable fuel content in a batch of liquid petroleum fuel exported by a participant, or by one of their affiliates who is not a participant, during a compliance period, the participant must, before the end of the trading period in respect of the compliance period, cancel compliance units that were created during, or carried forward or carried back into, the compliance period as follows:

• (a) one distillate compliance unit, if the liquid petroleum fuel was diesel fuel or heating distillate oil; and

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(5) If, during a compliance period, a primary supplier produces a liquid petroleum fuel at a facility that uses biocrude as a feedstock and subsequently the primary supplier, or an affiliate of the primary supplier, exports a volume of the fuel during the trading period in respect of the compliance period, the primary supplier must — except for any of that volume that the primary supplier demonstrates was produced from feedstock that did not include any biocrude — cancel before the end of that trading period

• (a) for exported diesel fuel or heating distillate oil, a number of distillate compliance units equal to the number of distillate compliance units created under subsections 15(1) and (2) during the compliance period as a result of the use of biocrude as feedstock to produce liquid petroleum fuel at the facility multiplied by the volume of the exported fuel and divided by the sum of the volume of diesel fuel and heating distillate oil produced at the facility during the compliance period; and

• (b) in any other case, a number of gasoline compliance units equal to the number of gasoline compliance units created under subsection 15(2) during the compliance period as a result of the use of biocrude as feedstock to produce liquid petroleum fuel at the facility multiplied by the volume of the exported fuel and divided by the sum of the volume of fuel, other than diesel fuel and heating distillate oil, produced at the facility during the compliance period.

32 (1) A participant who creates a compliance unit under section 13 must make a record of the following information for each batch of the resulting blended fuel:

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• (c) the volume, expressed in litres, of the liquid petroleum fuel that was blended with the renewable fuel and the type of liquid petroleum fuel it was:

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  • (iv) heating distillate oil, or

(2) A participant who creates a compliance unit under section 14 must make a record of the following information for each batch of the imported fuel:

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• (c) the volume, expressed in litres, of the batch and the type of fuel it was:

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  • (iv) heating distillate oil, or

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(8) For each batch of renewable fuel, or of liquid petroleum fuel that has renewable fuel content, that is exported by a participant or by one of their affiliates who is not a participant, the participant must make a record of

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• (b) the type of fuel, from the following fuel types, that was exported:

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  • (v) heating distillate oil, or