Sulphur in Diesel Fuel Regulations

5 (1) Every person who produces or imports diesel fuel 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) for each calendar quarter during which diesel fuel is produced or imported, within 45 days after the end of that quarter, until December 31, 2012; and

• (b) for each calendar year during which diesel fuel is produced or imported, within 45 days after the end of that calendar year, after December 31, 2012.

(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) a method equivalent to the one specified in paragraph (a) on the condition that the producer or importer 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) and the equivalency of the method is validated in accordance with the following:

  • (i) if the equivalency is validated on or before the 60th day after the day on which this paragraph comes into force, the ASTM International standard ASTM D4855-97 (Reapproved 2002), Standard Practice for Comparing Test Methods, or the standard referred to in subparagraph (ii), and

  • (ii) if the equivalency is validated after the day referred to in subparagraph (i), the ASTM International standard ASTM D6708-08, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material.

(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 intends to produce or import diesel fuel shall submit to the Minister a report that contains the information set out in Schedule 2 no later than five days before the day on which the person produces or imports diesel fuel for the first time.

(5) Subject to subsection (5.1), a person who has submitted a report under subsection (4) shall notify the Minister in writing of any change in the information in the report, except for changes regarding typical annual volumes or the authorized official, no later than five days after the change.

(5.1) A person who submitted a report under subsection (4) before the coming into force of this subsection shall submit a new report no later than 60 days after the day on which this subsection comes into force if the diesel fuel is produced or imported for

• (a) use in vessel engines other than those installed on a vessel propelled by a large diesel engine;

• (b) use in vessel engines installed on a vessel propelled by a large diesel engine;

• (c) use in small stationary engines;

• (d) use in large stationary engines; or

• (e) use in scientific research.

(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 or notice that is required under this section shall be kept, for a period of five years after the report or notice is submitted to the Minister, at the production facility in Canada or at the importer’s principal place of business in Canada as identified in the information submitted under subsections (4), (5) and (5.1).