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Renewable Fuels Regulations (SOR/2010-189)

Regulations are current to 2024-03-06 and last amended on 2022-06-21. Previous Versions

PART 3Records and Reporting (continued)

Participants (continued)

Marginal note:Records for blended fuel

  •  (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.

  • SOR/2011-143, s. 13
  • SOR/2013-187, s. 10

Marginal note:Annual report

 For each compliance period in respect of which a compliance unit is created, carried forward, carried back, transferred in trade, received in trade or cancelled by a participant, the participant 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 5 for the compliance period.

  • SOR/2013-187, s. 11

Producers or Importers of Renewable Fuel

Marginal note:Registration

  •  (1) A producer in, or an importer into, Canada of renewable fuel must register by sending to the Minister a registration report that contains the information set out in Schedule 6 at least one day before they produce without any importation or import without any production, or their production and importation combined reaches, 400 m3 of renewable fuel during any period of 12 consecutive months in a gasoline compliance period.

  • Marginal note:Change of information

    (2) If the information provided in the registration report — other than the information referred to in paragraph 1(b) or (c) of Schedule 6 — changes, the producer or importer must send a notice to the Minister that provides the updated information no later than five days after the change.

  • Marginal note:Record-keeping

    (3) The producer or importer must — for each batch of renewable fuel that they produce in, import into or sell in Canada during a gasoline compliance period — make a record of the following information:

    • (a) the type of renewable fuel;

    • (b) if known, each type of renewable fuel feedstock that was used to produce the renewable fuel;

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

    • (d) for a batch that was produced, the civic address of the facility at which it was produced and the date or dates on which they dispatched the batch from that facility or sent the batch to a fuel dispensing device within that facility;

    • (e) for a batch that was imported, the province via which importation occurred, the date of importation of the batch and its country of origin;

    • (f) the date of sale, if any, of the batch and the name of the person to whom it was sold;

    • (g) if known, whether the batch of renewable fuel is to be exported and, if so,

      • (i) in the case of fuel that is sold for export by the producer or the importer before its exportation, the province in which the batch was located when ownership of the batch was transferred by that sale, and

      • (ii) in any other case, the province via which the exportation is to occur; and

    • (h) if known, whether the batch of renewable fuel is to be blended with liquid petroleum fuel at a facility in Canada and, if so, the name of the person, or persons, who is to own the resulting blended fuel and the civic address of the facility.

  • Marginal note:Annual report

    (4) For each gasoline compliance period during which the producer or importer produces or imports renewable fuel, they must, on or before February 15 following the end of the compliance period, send a report to the Minister that contains the information set out in Schedule 7 for the gasoline compliance period.

  • SOR/2011-143, s. 14

Persons Who Are Required To Register

Marginal note:Report on measurement methods

  •  (1) A person who sends a registration report must send to the Minister a report on measurement methods, signed by an authorized official, that contains the information set out in Schedule 8 on or before the later of the day that is 180 days after the day on which this section comes into force and the day on which they send the registration report. The report on measurement methods must provide that information for each facility, and for each province via which importation occurs, that is, or is to be, identified in the registration report.

  • Marginal note:Change of information

    (2) If the information provided in the report on measurement methods — other than the information referred to in paragraph 1(b) or (c) of Schedule 8 — changes, the person must send a notice to the Minister that provides the updated information no later than five days after the change.

  • Marginal note:Decommissioning of a facility

    (3) Subsection (1) does not apply in respect of a production facility that is decommissioned, and ceases producing gasoline, diesel fuel and heating distillate oil, before the day that is 180 days after this section comes into force.

  • SOR/2011-143, s. 15

Sellers of Fuel for Export

Marginal note:Record-keeping

  •  (1) A person other than a participant, or a producer or importer of renewable fuel, who, during a gasoline compliance period, sells for export a batch of renewable fuel, or of liquid petroleum fuel that has renewable fuel content, must record

    • (a) the type of fuel, from the following fuel types, that was so sold:

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

    • (b) the volume, expressed in litres, of the batch of renewable fuel or of the renewable fuel content in the batch of liquid petroleum fuel, as the case may be; and

    • (c) the province in which the batch was located when ownership of the batch was transferred.

  • Marginal note:Annual report

    (2) For each gasoline compliance period during which the person sold for export a batch referred to in subsection (1), they must, on or before February 15 following the end of the compliance period, send a report to the Minister that contains the following information for the compliance period, for each type of renewable fuel by each province in which the fuel was located when ownership of the fuel was transferred by that sale:

    • (a) the volume, expressed in litres, of renewable fuel sold for export and, if known, that volume, by each type of renewable fuel feedstock; and

    • (b) the volume, expressed in litres, of renewable fuel content in each type of liquid petroleum fuel sold for export.

  • Marginal note:Non-application

    (3) Subsections (1) and (2) do not apply to a person who, during a gasoline compliance period, sells for export less than 1000 m3 of renewable fuel or of liquid petroleum fuel that has renewable fuel content.

 

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