Renewable Fuels Regulations (SOR/2010-189)

PART 3Records and Reporting

General

Marginal note:Ministerial request for samples and information

26 Any person who produces, imports or sells gasoline, diesel fuel, heating distillate oil, other liquid petroleum fuel, renewable fuel or biocrude must, on the Minister’s request, provide to the Minister

• (a) a sample of the fuel or biocrude;

• (b) a copy of any record required to be made by the person under these Regulations;

• (c) the name and civic address of any person from whom the fuel or biocrude was acquired and the date of acquisition; or

• (d) a copy of the measurement standard or method used to determine a volume under these Regulations.

Marginal note:Electronic report or notice

• 27 (1) A report or notice that is required under these Regulations must be sent electronically in the form and format specified by the Minister and must bear the electronic signature of an authorized official.

• Marginal note:Paper report or notice

  (2) If the Minister has not specified an electronic form and format or if it is impractical to send the report or notice electronically in accordance with subsection (1) because of circumstances beyond the control of the person sending the report or notice, they must send it on paper, signed by an authorized official, in the form and format specified by the Minister. However, if no form and format have been so specified, the report or notice may be in any form and format.

• Marginal note:Non-application — auditor’s report

  (3) Subsections (1) and (2) do not apply to the auditor’s report referred to in section 28.

Auditor’s Report

Marginal note:Auditing of records and reports

• 28 (1) A participant, or a producer or importer of renewable fuel, must have their records and reports that are required under these Regulations in respect of each compliance period audited by an auditor. The audit must assess whether the participant’s, the producer’s or the importer’s practices and procedures are, in the auditor’s opinion, appropriate to ensure, and to demonstrate, compliance with these Regulations.

• Marginal note:Conduct of audit

  (1.1) The audit must be conducted by an individual who is an auditor, or who is a member of a firm that is an auditor, and who has demonstrated the knowledge and skills required to conduct the assessments referred to in subsection (1) and in items 3 to 7 of Schedule 3.

• Marginal note:Auditor’s reports

  (2) The participant, the producer or the importer must obtain from the auditor a report in respect of the audit that contains the information set out in Schedule 3. They must, on or before June 30 following the end of the compliance period, send the auditor’s report to the Minister.

• Marginal note:Signature

  (2.1) The auditor’s report must be signed

  • (a) by the auditor, if the auditor is an individual; or

  • (b) by a duly authorized representative of the firm, if the auditor is a firm.

• Marginal note:Signature — alternative

  (2.2) Despite paragraph (2.1)(a), if an individual auditor referred to in that paragraph is a member of a firm, a duly authorized representative of the firm may sign the auditor’s report instead of the individual auditor.

• Marginal note:Non-application — no compliance units created

  (3) Subsections (1) to (2.2) do not apply, in respect of a compliance period,

  • (a) to a producer or importer of a renewable fuel who demonstrates, in supporting documents sent together with a report referred to in subsection 34(4), that no compliance units were created from renewable fuel that they produced or imported during the compliance period; or

  • (b) to an elective participant who demonstrates, in supporting documents sent together with a report referred to in section 33, that

    • (i) under subsection 11(3), they ended their participation in the trading system as of a specified date referred to in that subsection that occurred during the trading period in respect of the compliance period and, during that trading period, they did not transfer any compliance units, or

    • (ii) during that trading period, they neither created nor traded compliance units.

• (4) [Repealed, SOR/2011-143, s. 11]

Primary Suppliers

Marginal note:Records of batches — gasoline pool and distillate pool

29 A primary supplier must make a record of every batch of gasoline, diesel fuel or heating distillate oil that they produce or import during a gasoline compliance period. The record must contain the following information:

• (a) the volume, expressed in litres, of the batch;

• (b) the volume, expressed in litres, of renewable fuel, if any, in the batch;

• (c) whether the batch was finished gasoline, unfinished gasoline, diesel fuel or heating distillate oil;

• (d) the production facility at which the batch was produced or the province via which the importation of the batch occurred;

• (e) the date or dates on which the primary supplier

  • (i) imported the batch,

  • (ii) dispatched the batch from that production facility,

  • (iii) sent the batch to a fuel dispensing device — or the storage tank that services the fuel dispensing device — within that production facility, or

  • (iv) dispensed the batch from that fuel dispensing device;

• (f) if the entire volume of the batch is subtracted under subsection 6(4), the paragraph of that subsection that describes the fuel; and

• (g) if a portion of the volume of the batch is subtracted under subsection 6(4), the paragraph of that subsection that describes the fuel and the volume, expressed in litres, of the portion.

Marginal note:Annual report

30 For each compliance period during which a primary supplier produces or imports gasoline, diesel fuel or heating distillate oil, they 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 4 for the compliance period.

Participants

Marginal note:Compliance unit account book

• 31 (1) For the trading period in respect of each compliance period, a participant must, in a compliance unit account book, make a record of the gasoline compliance units and of the distillate compliance units, as the case may be, that they

  • (a) created during, carried forward or carried back into, or carried forward or carried back from, the compliance period;

  • (b) transferred in trade, received in trade or cancelled during the trading period in respect of the compliance period; or

  • (c) for distillate compliance units, used to establish compliance with subsection 5(1) for a gasoline compliance period because they were assigned, under subsection 7(3), as the value for DtG_DG in subsection 8(1).

• Marginal note:Information

  (2) The participant must, in the compliance unit account book for each month of the trading period in respect of a compliance period, make a record of the month and year and — in respect of any compliance units created during, carried forward or carried back into, or carried forward or carried back from, the compliance period — a record of

  • (a) for each blending facility at which the participant created compliance units, the number of compliance units created as a result of the blending of renewable fuel with liquid petroleum fuel;

  • (b) for each province via which the participant imported liquid petroleum fuel with renewable fuel content, the number of compliance units they created as a result of that importation;

  • (c) for each production facility, the number of compliance units that the participant created as a result of the production of liquid petroleum fuel from biocrude used as feedstock;

  • (d) the number of compliance units that the participant created under section 16 in respect of neat renewable fuel;

  • (e) for each other participant from whom the participant received in trade compliance units, the number of compliance units so received;

  • (f) for each primary supplier to whom the participant transferred in trade compliance units, the number of compliance units so transferred;

  • (g) the number of compliance units that the participant carried forward under sections 21 to 23;

  • (h) the number of compliance units that the participant carried back under subsection 24(1);

  • (i) the number of compliance units that the participant cancelled under subsection 25(1);

  • (j) for each province via which exportation occurred, the number of compliance units that the participant cancelled under subsection 25(2);

  • (k) the number of their compliance units cancelled under subsection 25(3);

  • (l) the number of their compliance units cancelled under subsection 25(4);

  • (l.1) the number of their compliance units cancelled under subsection 25(5);

  • (l.2) the number of their compliance units cancelled under subsection 25(6);

  • (m) in the case of an elective participant who ends their participation in the trading system, the number of compliance units cancelled on the date on which they ended their participation;

  • (n) in the case of a primary supplier, the number they assigned, if any, under subsection 7(3), as the value for DtG_DG in subsection 8(1); and

  • (o) the date on which the record was made.

• Marginal note:When record made

  (3) The record must be made within 30 days after the end of the month for which the information is required to be recorded.

• Marginal note:Cumulative information

  (4) In addition, the record must, for each period that begins on the first day of the compliance period and ends at the end of the month in respect of which the information is required to be recorded, include

  • (a) the number of compliance units referred to in each of paragraphs (2)(a) to (n);

  • (b) the number of compliance units that the participant created, carried forward, carried back, transferred in trade, received in trade or cancelled, as the case may be; and

  • (c) the balance of the participant’s compliance units.

• Marginal note:Format

  (5) The compliance unit account book must be in the form and format specified by the Minister. However, if no form and format is so specified, it may be in any form and format.

Marginal note:Records for blended fuel

• 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:

  • (a) the civic address and name, if any, of the facility where the blending occurred or, if the blending occurred in a mobile facility, the province where it occurred;

  • (b) the date on which the batch was blended;

  • (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:

    • (i) finished gasoline,

    • (ii) unfinished gasoline,

    • (iii) diesel fuel,

    • (iv) heating distillate oil, or

    • (v) another type of liquid petroleum fuel, in which case, the type must be specified;

  • (d) the type and volume, expressed in litres, of renewable fuel that was blended with the liquid petroleum fuel and, if known,

    • (i) the name, civic address and telephone number of the person from whom the renewable fuel was acquired and of the person who produced the renewable fuel, and

    • (ii) each type of renewable fuel feedstock that was used to produce the renewable fuel; and

  • (e) the content of renewable fuel in the batch, expressed as per cent by volume.

• Marginal note:Records for imported fuel

  (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:

  • (a) the province via which the importation occurred and the point of entry into Canada;

  • (b) the date that the batch was imported and, if known, the name, civic address and telephone number of the person from whom the batch was acquired and of the person who produced the batch;

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

    • (i) finished gasoline,

    • (ii) unfinished gasoline,

    • (iii) diesel fuel,

    • (iv) heating distillate oil, or

    • (v) another type of liquid petroleum fuel, in which case, the type must be specified;

  • (d) for the renewable fuel in the batch,

    • (i) the type of renewable fuel,

    • (ii) the volume, expressed in litres, of the renewable fuel, and

    • (iii) if known, each type of renewable fuel feedstock that was used to produce the renewable fuel and the country of origin of that renewable fuel; and

  • (e) the content of renewable fuel in the batch, expressed as per cent by volume.

• Marginal note:Records for high-renewable-content fuel

  (3) A participant who creates a compliance unit under section 13 or 14 must make a record of the following information for each batch of high-renewable-content fuel that resulted from blending or was imported, as the case may be:

  • (a) information that establishes that the high-renewable-content fuel

    • (i) was sold in Canada for use as fuel in a combustion device and was identified as being high-renewable-content fuel in a cautionary statement in both official languages that identified its renewable fuel type, that specified its minimum renewable fuel content and that stated that it may not be suitable for some engines and that the owner’s manual ought to be consulted on this matter, which statement must have been

      • (A) on the fuel dispensing device that dispensed the fuel into a fuel tank of a combustion device, in a location and manner that allowed it to be easily read by a person while dispensing the fuel, or

      • (B) in a document provided, prior to the sale or transfer of the fuel, to the person who used it as fuel in a combustion device,

    • (ii) was used in Canada by the participant as fuel in a combustion device, or

    • (iii) was later blended at a blending facility to result in liquid petroleum fuel that was not high-renewable-content fuel;

  • (b) the type of combustion device, namely, a diesel engine, a domestic-type burner, a spark-ignition engine, a boiler, a furnace or another type; and

  • (c) the civic address of each facility to which the high-renewable-content fuel was delivered to be dispensed into a fuel tank of a combustion device and the date of that delivery.

• Marginal note:Records for biocrude as feedstock

  (4) A participant who creates a compliance unit under section 15 must, once per month, make a record that contains the following information related to the use of biocrude as feedstock during the previous month:

  • (a) the civic address and name, if any, of the production facility; and

  • (b) for each of type of biocrude so used,

    • (i) the month and year in which the biocrude was used,

    • (ii) the volume, expressed in litres,

    • (iii) the name of each person from whom the biocrude was acquired, if any,

    • (iv) if known, the name of each person who produced the biocrude, and

    • (v) if known, each type of renewable fuel feedstock that was used to produce the biocrude and the country of origin of that biocrude.

• Marginal note:Records for neat renewable fuel

  (5) A participant who creates a compliance unit under section 16 must make a record of the following information for the batch of neat renewable fuel in question:

  • (a) information that establishes that the neat renewable fuel

    • (i) was sold in Canada for use as fuel in a combustion device and, for neat renewable fuel that is biodiesel, was identified as being neat renewable fuel in a cautionary statement in both official languages that identified its type and that stated that it may not be suitable for some engines and that the owner’s manual ought to be consulted on this matter, which statement must have been

      • (A) on the fuel dispensing device that dispensed the fuel into a fuel tank of a combustion device, in a location and manner that allowed it to be easily read by a person while dispensing the fuel, or

      • (B) in a document provided, prior to the sale or transfer of the fuel, to the person who used it as fuel in a combustion device, or

    • (ii) was used in Canada by the participant as a fuel in a combustion device;

  • (b) the type of combustion device, namely, a diesel engine, a domestic-type burner, a spark-ignition engine, a boiler, a furnace or another type;

  • (c) the type of neat renewable fuel and the volume, expressed in litres, of the batch;

  • (d) the date on which the batch was sold or used;

  • (e) the name and the civic address of the neat renewable fuel consumer in respect of the batch;

  • (f) the civic address of each facility where the neat renewable fuel was dispensed into the fuel tank of the combustion device;

  • (g) the name, civic address and telephone number of the person, if any, from whom the neat renewable fuel was acquired and of the person who produced the neat renewable fuel, if known; and

  • (h) if known, each type of renewable fuel feedstock that was used to produce the neat renewable fuel.

• Marginal note:Records for trades

  (6) For each trade, a participant who transfers in trade, or receives in trade, compliance units must record the following information:

  • (a) the name of the primary supplier who received compliance units in trade;

  • (b) the name of the other participant who transferred in trade the compliance units to the participant;

  • (c) the date of the trade and the trading period in respect of which the trade is made;

  • (d) the number of gasoline compliance units traded, if any; and

  • (e) the number of distillate compliance units traded, if any.

• Marginal note:Record — section 19

  (7) Within 30 days after the end of each month during a compliance period, a primary supplier must make a record of the number calculated in accordance with subsection 19(1) or (2), as the case may be, for that month.

• Marginal note:Records for exports

  (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

  • (a) the province via which the batch was exported;

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

    • (i) renewable fuel, in which case, the type of renewable fuel 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

  • (c) the volume, expressed in litres, of the batch of renewable fuel or of the renewable fuel content in the batch, as the case may be.

• Marginal note:Documents establishing renewable fuel

  (9) A person who creates a compliance unit based on a litre of renewable fuel or neat renewable fuel must have documentation that establishes that the fuel is renewable fuel or neat renewable fuel, as the case may be, as defined in subsection 1(1).

• Marginal note:Documents establishing biocrude

  (10) A person who creates a compliance unit based on a volume of biocrude must have documentation that establishes

  • (a) in the case of biocrude other than triglyceride-derived biocrude, that it is biocrude as defined in subsection 1(1); and

  • (b) in the case of triglyceride-derived biocrude, that it is triglyceride-derived biocrude as defined in that subsection.