Renewable Fuels Regulations

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]