Short Title

1 These Regulations may be cited as the Gasoline Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Canadian Environmental Protection Act, 1999; (Loi)

competition vehicle

competition vehicle means a vehicle or boat that is used exclusively for competition and does not include a vehicle that is used on a highway or a vehicle or boat that is used for recreational purposes; (véhicule de compétition)

gasoline

gasoline[Revoked, SOR/94-355, s. 1]

highway

highway means a common or public road, street, avenue, parkway, driveway, square, place, bridge or viaduct, any part of which is intended for or used by the general public for the passage of vehicles, and includes the area between the lateral property lines thereof; (voie publique)

import

import means to import gasoline into Canada, except gasoline that is imported in the fuel tank of a conveyance or a competition vehicle for the use of the conveyance’s or the competition vehicle’s engine; (importation)

leaded gasoline

leaded gasoline means gasoline to which lead has been added during the production process; (essence au plomb)

primary supplier

primary supplier[Repealed, SOR/2003-106, s. 1]

race-sanctioning body

race-sanctioning body[Repealed, SOR/98-217, s. 1]

unleaded gasoline

unleaded gasoline means gasoline to which lead has not been added during the production process. (essence sans plomb)

Application

• 3 (1) These Regulations do not apply in respect of gasoline for use in aircraft.

• (2) Until January 1, 2008, these Regulations, except for sections 2 and 11, do not apply in respect of gasoline for use in competition vehicles.

Maximum Concentrations of Lead in Gasoline

• 4 (1) Subject to subsection (2), the maximum concentration of lead in gasoline produced, imported, sold or offered for sale in Canada is 5 mg/L.

• (2) The maximum concentration of lead in leaded gasoline is

  • (a) 30 mg/L, where the leaded gasoline is produced in Canada and sold or offered for sale in Canada for use in engines that are designed to use leaded gasoline and are used to power

    • (i) tractors, combines, swathers or any other machinery used in farming,

    • (ii) boats, or

    • (iii) trucks whose gross vehicle weight rating is greater than 3 856 kg; or

  • (b) 26 mg/L, where the leaded gasoline is imported into Canada and sold or offered for sale in Canada for use in engines that are designed to use leaded gasoline and are used to power any machinery or vehicle referred to in paragraph (a).

Maximum Average Concentration of Lead in Leaded Gasoline

5 The average concentration of lead in leaded gasoline that is produced in Canada by any person in a calendar quarter for use in an engine used to power any machinery or vehicle referred to in paragraph 4(2)(a) shall not exceed 26 mg/L.

Maximum Concentration of Phosphorus in Unleaded Gasoline

6 The maximum concentration of phosphorus in unleaded gasoline is 1.3 mg/L.

Analysis

• 7 (1) The concentration of lead in gasoline referred to in section 4 shall be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 19.5-95, Methods of Testing Petroleum and Associated Products: Determination of Lead in Automotive Gasoline (Atomic Absorption), as amended from time to time.

• (2) The average concentration of lead in leaded gasoline referred to in section 5 shall be determined by dividing the quantity of lead, expressed in milligrams, added to gasoline during the calendar quarter by the quantity of leaded gasoline, expressed in litres, produced during the same quarter.

8 The concentration of phosphorus in gasoline referred to in section 6 shall be measured in accordance with the ASTM International method ASTM D 3231-02, Standard Test Method for Phophorus in Gasoline, as amended from time to time.

Information

9 Every person who produces in Canada or imports leaded gasoline for use or sale in Canada shall submit to the Minister for each calendar quarter during which the gasoline is produced or imported, within 15 days after the last day of each quarter, the information set out in the schedule.

Maintenance of Records

• 10 (1) Every person who produces, imports or sells leaded gasoline in Canada shall make and retain a record of the quantities of leaded gasoline produced, imported or sold.

• (2) In the case of a sale of leaded gasoline for use in an engine used to power any machinery or vehicle referred to in subparagraph 4(2)(a)(i) or (iii), the record referred to in subsection (1) shall show

  • (a) the name and address of the person to whom the leaded gasoline was sold;

  • (b) the quantity, in litres, of the leaded gasoline that was sold; and

  • (c) the type of machinery or vehicle in which the leaded gasoline is to be used.

• (3) The record in respect of a sale referred to in subsection (2) shall be retained in Canada for a period of two years after the date on which the record is made.

• 11 (1) Every person who produces or imports for use or sale in Canada, or sells or offers for sale in Canada, leaded gasoline for use in competition vehicles shall make and retain a record of the quantities of leaded gasoline produced or imported for use or sale in Canada, or sold or offered for sale in Canada, each year which record shall show

  • (a) the brand name of the gasoline;

  • (b) the octane rating of the gasoline and the test method by which the rating was determined;

  • (c) the average lead concentration in milligrams of lead per litre of gasoline on a yearly basis;

  • (d) the name and address of

    • (i) the distributor or re-seller of the gasoline, if the gasoline was sold for distribution or re-sale, or

    • (ii) the track or event location where the gasoline was used, if the gasoline was sold at a particular track or event location; and

  • (e) the total quantity of leaded gasoline sold to each of the entities specified in subparagraph (d)(i) or at each of the locations specified in subparagraph (d)(ii) and the total quantity of any other leaded gasoline produced or imported for use or sale in Canada, or sold or offered for sale in Canada.

• (2) The records referred to in subsection (1) shall be submitted annually to the Minister on or before March 31 of the year following each year during which leaded gasoline was produced or imported for use or sale in Canada, or sold or offered for sale in Canada.

• (3) The records referred to in subsection (1) shall be retained in Canada for a period of five years beginning on the date the record is made.

• (4) Any record submitted under subsection (2) shall

  • (a) in the case of a corporation, be signed by an officer of the corporation who is authorized to act on its behalf;

  • (b) in the case of any other person, be signed by the person submitting the record, or by a person authorized to act on behalf of that person;

  • (c) in the case of any other entity, be signed by a person authorized to act on its behalf.