Clean Fuel Regulations (SOR/2022-140)

Marginal note:Maximum quantity

• 45 (1) The maximum quantity of a low-carbon-intensity fuel that is produced at a facility by a producer in Canada or foreign supplier during each period referred to in subsection (3) for which compliance credits may be created by the carrying out of a CO₂e-emission-reduction project described in paragraph 30(d) or be created under any of sections 94 to 96, 99, 100 and 104 is determined by the formula

  Q_fuel x Q_eligible ÷ (Q_eligible + Q_ineligible)

  where

  Q_fuel

  is the quantity of the low-carbon-intensity fuel that is produced at the facility during the period, expressed in kilograms or cubic metres, as applicable;

  Q_eligible

  is the quantity of eligible feedstock that meets the requirements set out in section 47 that was used at the facility by the producer in Canada or foreign supplier to produce the low-carbon-intensity fuel during the period, expressed in kilograms or cubic metres, as applicable; and

  Q_ineligible

  is the quantity of feedstock, other than eligible feedstock, that was used at the facility by the producer in Canada or foreign supplier to produce the low-carbon-intensity fuel during the period, expressed in kilograms or cubic metres, as applicable.

• Marginal note:Carbon intensity

  (2) For the purposes of subsection (1), a low-carbon-intensity fuel is a fuel that

  • (a) has a carbon intensity to which an alphanumeric identifier has been assigned under subsection 85(2); or

  • (b) has the default carbon intensity referred to in paragraph 75(1)(a) or determined in accordance with the emission-reduction quantification method that is applicable to a project described in paragraph 30(d).

• Marginal note:Periods

  (3) The periods for producing low-carbon-intensity fuels are, for any compliance period that ends after January 1, 2024,

  • (a) the period beginning on the January 1 and ending on the March 31 of the compliance period;

  • (b) the period beginning on the April 1 and ending on the June 30 of the compliance period;

  • (c) the period beginning on the July 1 and ending on the September 30 of the compliance period; and

  • (d) the period beginning on the October 1 and ending on the December 31 of the compliance period.

• Marginal note:Exclusive use

  (4) A person who uses a quantity of low-carbon-intensity fuel produced from an eligible feedstock to create credits in a jurisdiction outside Canada or to comply with a requirement relating to greenhouse gas emissions that is set by a jurisdiction outside Canada must not use that quantity of low-carbon-intensity fuel to create compliance credits by the carrying out of a CO₂e-emission-reduction project referred to in paragraph 30(d) or under any of sections 94 to 96, 99, 100 and 104.