Interpretation

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

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  authorized official

  authorized official means

  • (a) in respect of a corporation, an officer of the corporation who is authorized to act on its behalf;

  • (b) in respect of any other person, that person or a person authorized to act on behalf of that person; and

  • (c) in respect of any other entity, a person authorized to act on its behalf. (agent autorisé)

  batch

  batch means an identifiable quantity of diesel fuel with a single concentration of sulphur as measured in accordance with section 4. (lot)

  biodiesel fuel

  biodiesel fuel means a fuel that is composed of or derived from plant or animal oils or plant or animal fats and is intended to be used in diesel engines. (carburant biodiesel)

  diesel fuel

  diesel fuel means a fuel that can evaporate at atmospheric pressure, that boils within the range of 130ºC to 400ºC and that is for use in diesel engines or any fuel that is sold or represented as diesel fuel, as biodiesel fuel or as a blend of biodiesel fuel and diesel fuel. (carburant diesel)

  locomotive

  locomotive means a self-propelled vehicle that is designed to run on rails and for moving or propelling railway cars that are designed to carry freight or other equipment or passengers, but that itself is not designed to carry freight or other equipment or passengers (other than those operating the locomotive), but does not include equipment that is designed to run on both roads and rails, specialized railroad equipment for maintenance, construction, post-accident recovery of equipment and repairs or vehicles propelled by engines with rated horsepower of less than 750 kW. (locomotive)

  locomotive engine

  locomotive engine means a diesel engine installed in a locomotive to move or propel it or to provide auxiliary power. (moteur de locomotive)

  machine

  machine means anything, including a vehicle, a device, an appliance or an implement, powered by an engine. (machine)

  northern supply area

  northern supply area means the area corresponding to the following geographical areas:

  • (a) that part of Yukon that is north of latitude 67°N;

  • (b) the Northwest Territories, except

    • (i) those areas within 1 km of the centre line of

      • (A) Highways 2 to 7, and

      • (B) that portion of Highway 1 south of Fort Simpson, and

    • (ii) those areas within the municipalities of Yellowknife, Detah, Hay River, Fort Simpson, Rae, Edzo, Entreprise, Fort Resolution, Fort Smith and Fort Liard;

  • (c) Nunavut;

  • (d) those parts of Manitoba, Ontario and Quebec within 50 km from the coast of Hudson Bay or James Bay;

  • (e) that part of Quebec north of latitude 51°N if west of longitude 63.5°W, and north of latitude 50°N if east of longitude 63.5°W; and

  • (f) Newfoundland and Labrador, except the island of Newfoundland. (zone d’approvisionnement du Nord)

  off-road engine

  off-road engine means a diesel engine, except for aircraft engines, locomotive engines, vessel engines and engines used to propel on-road vehicles, that is used or designed to be used

  • (a) by itself and that is designed and intended to be moved from one location of use to another; or

  • (b) in or on a machine that

    • (i) is designed and intended to be moved from one location of use to another,

    • (ii) is self-propelled,

    • (iii) serves a dual purpose by both propelling itself and performing another function, or

    • (iv) is designed to be propelled while performing its function. (moteur hors route)

  on-road vehicle

  on-road vehicle means a self-propelled vehicle designed for transporting persons, property, material or permanently or temporarily affixed apparatus on a common or public road, street, avenue, parkway or highway. (véhicule routier)

  vessel

  vessel means a boat, ship or craft that is designed, used or capable of being used for navigation in, on or through water but is not designed for self-propulsion out of water. (bateau)

  vessel engine

  vessel engine means a diesel engine that is installed on a vessel to move or propel the vessel through the water or to direct its movement or to provide auxiliary power. (moteur de bateau)

• (2) Any standard or method that is incorporated by reference in these Regulations is incorporated as amended from time to time.

Application

2 These Regulations do not apply to diesel fuel if

• (a) the fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and is accompanied by written evidence establishing that the fuel is in transit;

• (b) the fuel is produced or sold for export and is accompanied by written evidence establishing that the fuel will be exported;

• (c) the fuel is being imported for a use referred to in subsection 3(1), (4) or (7), the fuel’s sulphur concentration exceeds the concentration referred to in that subsection and the fuel is accompanied by written evidence establishing that the fuel will meet the requirements of these Regulations before the fuel is used or sold; or

• (d) the fuel is being imported in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air.

Maximum Concentration of Sulphur

• 3 (1) For the purposes of section 139 of the Act, the concentration of sulphur in diesel fuel produced or imported for use in on-road vehicles shall not exceed

  • (a) 500 mg/kg until May 31, 2006; and

  • (b) 15 mg/kg after May 31, 2006.

• (2) Subject to subsection (3), for the purposes of section 139 of the Act, the concentration of sulphur in diesel fuel sold for use in on-road vehicles shall not exceed

  • (a) 500 mg/kg until August 31, 2006; and

  • (b) 15 mg/kg after August 31, 2006.

• (3) For the purposes of section 139 of the Act, the concentration of sulphur in diesel fuel sold in the northern supply area for use in on-road vehicles shall not exceed

  • (a) 500 mg/kg until August 31, 2007; and

  • (b) 15 mg/kg after August 31, 2007.

• (4) For the purposes of section 139 of the Act, the concentration of sulphur in diesel fuel produced or imported for use in offroad engines shall not exceed

  • (a) 500 mg/kg from June 1, 2007 until May 31, 2010; and

  • (b) 15 mg/kg after May 31, 2010.

• (5) Subject to subsection (6) and for the purposes of section 139 of the Act, the concentration of sulphur in diesel fuel sold for use in off-road engines shall not exceed

  • (a) 500 mg/kg from October 1, 2007 until September 30, 2010; and

  • (b) 15 mg/kg after September 30, 2010.

• (6) For the purposes of section 139 of the Act, the concentration of sulphur in diesel fuel sold in the northern supply area for use in off-road engines shall not exceed

  • (a) 500 mg/kg from December 1, 2008 until November 30, 2011; and

  • (b) 15 mg/kg after November 30, 2011.

• (7) For the purposes of section 139 of the Act, the concentration of sulphur in diesel fuel produced or imported for use in vessel engines or locomotive engines shall not exceed

  • (a) 500 mg/kg from June 1, 2007 until May 31, 2012; and

  • (b) 15 mg/kg after May 31, 2012.

• (8) Subject to subsection (9) and for the purposes of section 139 of the Act, the concentration of sulphur in diesel fuel sold for use in vessel engines or locomotive engines shall not exceed 500 mg/kg after September 30, 2007.

• (9) For the purposes of section 139 of the Act, the concentration of sulphur in diesel fuel sold in the northern supply area for use in vessel engines or locomotive engines shall not exceed 500 mg/kg after November 30, 2008.

Analysis

4 The concentration of sulphur in diesel fuel referred to in section 3 shall be measured in accordance with the American Society for Testing and Materials method ASTM D 5453-03a, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Motor Fuels and Motor Oils by Ultraviolet Fluorescence.

Reports

• 5 (1) Every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, shall submit to the Minister a report for each facility where the person produces diesel fuel and for each province into which the person imports diesel fuel that contains the information set out in Schedule 1

  • (a) quarterly for each calendar quarter during which diesel fuel is produced or imported, within 45 days after the end of each quarter until December 31, 2014; and

  • (b) annually for each calendar year during which diesel fuel is produced or imported within 45 days after the end of each calendar year after December 31, 2014.

• (2) For the purposes of the report referred to in subsection (1), the concentration of sulphur in diesel fuel shall be calculated using

  • (a) the method referred to in section 4; or

  • (b) an equivalent method to the one specified in paragraph (a) on the condition that

    • (i) the equivalency of the method be validated in accordance with the American Society of Testing and Materials method ASTM D 4855-97 (Reapproved 2002), Standard Practice for Comparing Test Methods, and

    • (ii) the producer or importer proposing to use the method sends to the Minister, by registered mail or courier at least 60 days before using the method, a description of the method and evidence that demonstrates that it provides results equivalent to those provided by the method specified in paragraph (a).

• (3) For greater certainty, the method referred to in paragraph (2)(b) is to be used for reporting purposes only and shall not be used for the purpose of determining compliance with the concentration requirements referred to in section 3.

• (4) Every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, shall submit to the Minister a report for each facility where the person produces diesel fuel and for each province into which the person imports diesel fuel that contains the information set out in Schedule 2

  • (a) within 60 days after January 1, 2006, if a report containing the information set out in Schedule 2, as it read before January 1, 2006, was submitted before that date; and

  • (b) in any other case, by the later of

    • (i) 60 days after January 1, 2006, and

    • (ii) 15 days before the day on which the person produces or imports diesel fuel for the first time.

• (5) The person identified in subsection (4) shall notify the Minister in writing of any change in the information in the report submitted under that subsection, except for changes in the information on typical annual volumes, no more than five days after the change.

• (6) Each report referred to in subsections (1) and (4) and the notice referred to in subsection (5) shall be signed by an authorized official.

• (7) A copy of each report referred to in subsections (1) and (4) and of the notice referred to in subsection (5) shall be maintained, for a period of five years after the report is signed, at the production facility in Canada or at the place of business of the importer in Canada as identified in the information submitted under subsections (4) and (5).

Records

• 6 (1) Every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, shall keep a record of each batch of diesel fuel produced or imported that indicates the volume of the batch and

  • (a) whether the concentration of sulphur of the batch exceeded 500 mg/kg; and

  • (b) after May 31, 2006, whether the concentration of sulphur of the batch exceeded 15 mg/kg.

• (2) Subject to subsection (4), every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, with a concentration of sulphur exceeding 500 mg/kg from January 1, 2006 until May 31, 2006 and 15 mg/kg from June 1, 2006 until May 31, 2010 shall, prior to the dispatch of that fuel from the production facility or the importation of that fuel, identify in a record any batch to be dispatched or imported as “not suitable for use in on-road vehicles”, along with the date of dispatch or importation of the batch.

• (3) Subject to subsection (4), every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, with a concentration of sulphur exceeding 15 mg/kg from June 1, 2010 until May 31, 2012 shall, prior to the dispatch of that fuel from the production facility or the importation of that fuel, identify in a record any batch to be dispatched or imported as “not suitable for use in on-road vehicles or off-road engines”, along with the date of dispatch or importation of the batch.

• (4) Every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, with a concentration of sulphur exceeding 500 mg/kg from June 1, 2007 until May 31, 2012 and 15 mg/kg after May 31, 2012 shall, prior to the dispatch of that fuel from the production facility or the importation of that fuel, identify in a record any batch to be dispatched or imported as “not suitable for use in onroad vehicles, off-road engines, locomotive engines or vessel engines”, along with the date of dispatch or importation of the batch.

• (5) Every record made in accordance with subsections (1) to (4) shall be maintained, for a period of five years after the record is made, at the production facility in Canada or place of business of the importer in Canada as identified in the information submitted under subsections 5(4) and (5).

Repeal

7 [Repeal]

Coming into Force

8 These Regulations come into force on January 1, 2003.