Interpretation

• 1 (1) The definitions in this subsection apply in these Regulations.

  Act

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

  additive

  additive means a substance that is added to gasoline that does not materially affect its composition and that has been demonstrated to improve the gasoline’s characteristics so as to enhance engine performance and includes metal deactivators, oxidation inhibitors, corrosion inhibitors, icing inhibitors and induction system detergents. (additif)

  additives

  additives[Repealed, SOR/99-204, s. 1]

  aromatics

  aromatics means benzene and other cyclic hydrocarbon compounds that contain one or more benzene rings as determined by the method specified in subsection 5(2). (aromatiques)

  auditor

  auditor, in respect of a primary supplier, means a person who

  • (a) is independent of the primary supplier; and

  • (b) is certified, for the purpose of carrying out International Organization for Standardization quality assurance (ISO 9000 series) assessments, by

    • (i) the Standards Council of Canada,

    • (ii) the International Registrar of Certified Auditors,

    • (iii) the Registrar Accreditation Board, or

    • (iv) any other nationally or internationally recognized accreditation organization. (vérificateur)

  authorized official

  authorized official means

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

  • (b) in respect of any other person, that person or a person authorized to act on behalf of that person; and

  • (c) in respect of any other entity, a person authorized to act on its behalf. (agent autorisé)

  batch

  batch means an identifiable quantity of gasoline that can be characterized by one set of model parameters, as sampled and measured in accordance with section 5 or 6. (lot)

  benzene emissions number

  benzene emissions number means the number calculated in accordance with Schedule 1. (indice des émissions de benzène)

  blend

  blend means to manufacture or process a batch by mixing gasoline or gasoline components, including oxygenates. It does not include

  • (a) the mixing of only complying gasolines, U.S. reformulated gasolines or California gasolines or any combination of those gasolines; or

  • (b) the adding of only additives, commercially pure butane or commercially pure oxygenates to complying gasoline, U.S. reformulated gasoline or California gasoline. (mélange)

  blender

  blender means a person who

  • (a) owns, leases, operates, controls, supervises or manages a blending facility; or

  • (b) owns the gasoline in a blending facility. (mélangeur)

  blending facility

  blending facility means a facility in Canada in which blending occurs, and includes a cargo tanker, railway car, boat, marine vessel or other type of mobile facility in which blending occurs. (installation de mélange)

  California gasoline

  California gasoline means gasoline that

  • (a) meets the compositional requirements described in The California Reformulated Gasoline Regulations, Title 13, California Code of Regulations, Division 3, Chapter 5, Article 1, Subarticle 2; and

  • (b) has been identified as California gasoline under subsection 9(1) of these Regulations. (essence Californie)

  California Phase 2 gasoline

  California Phase 2 gasoline[Repealed, SOR/2003-318, s. 1]

  cargo tanker

  cargo tanker means a motor vehicle or trailer on which a bulk liquid tank is mounted. (camion-citerne)

  commercially pure butane

  commercially pure butane means butane (C₄H₁₀) that meets the following contaminate levels:

  • (a) a benzene concentration that does not exceed 0.03% by volume;

  • (b) an aromatics concentration that does not exceed 2.0% by volume; and

  • (c) a sulphur concentration that does not exceed

    • (i) until December 31, 2004, 140 mg/kg, and

    • (ii) after December 31, 2004, 40 mg/kg. (butane pur de qualité commerciale)

  commercially pure oxygenate

  commercially pure oxygenate means an oxygenate that meets the following contaminate levels:

  • (a) a benzene concentration that does not exceed 0.25% by volume;

  • (b) an aromatics concentration that does not exceed 2.5% by volume; and

  • (c) a sulphur concentration that does not exceed

    • (i) until December 31, 2004, 170 mg/kg, and

    • (ii) after December 31, 2004, 40 mg/kg. (produit oxygéné pur de qualité commerciale)

  competition vehicle

  competition vehicle means a vehicle, boat or marine vessel that is used exclusively for competition. (véhicule de compétition)

  complying gasoline

  complying gasoline means gasoline that meets the compositional requirements of these Regulations relating to benzene and the benzene emissions number and that has been identified as

  • (a) complying gasoline under subsection 9(1) or (2); or

  • (b) northern winter complying gasoline under subsection 9(1). (essence conforme)

  gasoline

  gasoline means

  • (a) a fuel that is sold or represented as gasoline; or

  • (b) a petroleum distillate, or a mixture of petroleum distillates, oxygenates or additives, that is suitable for use in a spark ignition engine and that has the following characteristics, as determined from the applicable test method listed in the National Standard of Canada standard CAN/CGSB-3.5-94, Unleaded Automotive Gasoline:

    • (i) a vapour pressure of at least 38 kPa,

    • (ii) an antiknock index of at least 80,

    • (iii) a distillation temperature, at which 10% of the fuel has evaporated, of not less than 35°C and not greater than 70°C, and

    • (iv) a distillation temperature, at which 50% of the fuel has evaporated, of not less than 65°C and not greater than 120°C. (essence)

  gasoline-like blendstock

  gasoline-like blendstock means gasoline, other than gasoline dispensed from a refuelling facility, that is intended to be further refined or blended so as to result in complying gasoline and that has been identified as gasoline-like blendstock under section 9. (composé de base de type essence automobile)

  grade

  grade means the differentiation of gasoline by a minimum antiknock index. (qualité)

  highway

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

  import

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

  manufacturer

  manufacturer means a person who owns, leases, operates, controls, supervises or manages a refinery. (fabricant)

  model parameters

  model parameters means

  • (a) the concentration of oxygen as a percentage of the gasoline by weight;

  • (b) the concentration of sulphur in mg/kg;

  • (c) the vapour pressure at 37.8°C (100°F) in kPa;

  • (d) the evaporative fraction at 93.3°C (200°F) as a percentage of the gasoline by volume;

  • (e) the evaporative fraction at 148.9°C (300°F) as a percentage of the gasoline by volume;

  • (f) the concentration of aromatics as a percentage of the gasoline by volume; and

  • (g) the concentration of benzene as a percentage of the gasoline by volume. (paramètres du modèle)

  northern supply area

  northern supply area means the area corresponding to the geographical areas identified in the National Standard of Canada standard CAN/CGSB-3.5-94, Unleaded Automotive Gasoline, as areas VII and VIII and the portion of area V that is north of latitude 49°N. (zone d’approvisionnement du Nord)

  olefins

  olefins means unsaturated aliphatic hydrocarbon compounds that contain one or more double bonds as determined by the method specified in subsection 5(3). (oléfines)

  oxygenate

  oxygenate means an oxygen-containing, ashless, organic compound that, when added to gasoline, increases the oxygen content in the gasoline. (produit oxygéné)

  primary supplier

  primary supplier means

  • (a) in respect of gasoline that is manufactured at a refinery or blended at a blending facility, a person who

    • (i) owns, leases, operates, controls, supervises or manages the refinery or blending facility, or

    • (ii) owns the gasoline in the blending facility; and

  • (b) in respect of gasoline that is imported, the importer. (fournisseur principal)

  quality control program

  quality control program means a combination of testing, statistical techniques and inter-laboratory comparisons used to verify that a laboratory’s analysis of a sample accurately reflects the composition of the gasoline from which the sample was taken. (programme de contrôle de la qualité)

  refinery

  refinery means a facility in Canada that separates and converts crude oil or other feedstock into liquid petroleum products, and includes any manufacturing, processing, blending, shipping and packaging facilities located on the property of such a facility. (raffinerie)

  scientific research

  scientific research does not include research into the preferences of consumers for differing properties of gasoline or marketing research. (recherche scientifique)

  statistical quality assurance program

  statistical quality assurance program means a combination of testing and statistical techniques used to determine whether gasoline meets the compositional requirements of these Regulations relating to benzene and the benzene emissions number. (programme statistique d’assurance de la qualité)

  summer

  summer means the period beginning on April 15 and ending on the following September 15. (été)

  supply

  supply means to manufacture at a refinery, blend in a blending facility or import into a province from outside Canada, gasoline for use or sale in Canada. (approvisionnement)

  U.S. reformulated gasoline

  U.S. reformulated gasoline means reformulated gasoline as defined in the Regulation of Fuels and Fuel Additives: Standards for Reformulated and Conventional Gasoline in the U.S. Code of Federal Regulations, Title 40, Part 80, section 80.2, paragraph (ee). (essence reformulée É.-U.)

  winter

  winter means the period beginning on September 16 of each year and ending on April 14 of the following year. (hiver)

  year

  year means a calendar year, except during 1999, when it means the period beginning on July 1 and ending on December 31. (année)

  yearly pool average

  yearly pool average means the volume-weighted average value for concentration of benzene or the benzene emissions number of gasoline supplied by a primary supplier during a year. (moyenne annuelle)

• (2) Any regulation, standard or method that is incorporated by reference in these Regulations is incorporated as amended from time to time.

Application — Types and Uses of Gasoline

• 2 (1) Subject to sections 7 and 9 to 11, these Regulations do not apply to gasoline for use in

  • (a) aircraft;

  • (b) competition vehicles, provided that the gasoline has an antiknock index of at least 100; or

  • (c) scientific research in Canada.

• (2) Subject to sections 9 to 11, these Regulations do not apply to

  • (a) gasoline in transit through Canada, from a place outside Canada to another place outside Canada, and accompanied by written evidence establishing that the gasoline is in transit; or

  • (b) gasoline produced or sold for export and accompanied by written evidence establishing that the gasoline will be exported.

• (3) Subsection 3(1) and sections 4, 16 and 17 do not apply to U.S. reformulated gasoline or California gasoline.

• (4) Subject to sections 7 and 9 to 13 and subsections 18(4) and 19(3), these Regulations do not apply to gasoline-like blendstock.

• (5) Any batch that is supplied during the summer but is intended for use during the winter in the northern supply area is considered to be supplied during the winter if the primary supplier identifies the batch under subsection 9(1) as northern winter complying gasoline.

• (6) These Regulations do not apply to gasoline that has been stored in the northern supply area for the purpose of providing gasoline to persons in emergency situations if the gasoline was supplied before July 1, 1999 and stored before July 1, 2000.

PART 1Requirements Pertaining to Benzene in Gasoline

Benzene — Prohibition

• 3 (1) Effective July 1, 1999 and subject to section 15, no primary supplier shall supply gasoline that contains benzene at a concentration that exceeds 1.0% by volume.

• (2) No person shall sell or offer for sale gasoline that contains benzene at a concentration that exceeds 1.5% by volume

  • (a) in the northern supply area, effective July 1, 2000;

  • (b) in all areas identified in an application under paragraph 16(3)(b) in respect of which the Minister has authorized the use of a temporary alternative limit, effective April 1, 2000; and

  • (c) in any other area in Canada not described in paragraph (a) and (b), effective October 1, 1999.

Benzene Emissions Number — Prohibition

4 Effective July 1, 1999 and subject to section 15, no primary supplier shall supply gasoline that has a benzene emissions number that exceeds

• (a) 71, in the case of a batch supplied during the summer; and

• (b) 92, in the case of a batch supplied during the winter.

Reference Methods for Sampling and Analysis

• 5 (1) Subject to subsection 6(1), all samples must be taken in accordance with any one of the American Society for Testing and Materials sampling methods specifically set out in section 7 of the National Standard of Canada Standard CAN/CGSB-3.5-99, Unleaded Automotive Gasoline.

• (2) The concentration of benzene and that of aromatics in gasoline referred to in sections 3 and 16 and Schedule 1 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-94, Standard Test Method for the Identification of Hydrocarbon Components in Automotive Gasoline Using Gas Chromatography.

• (3) Subject to subsection 6(2), the concentration of olefins in gasoline referred to in Schedule 3 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-94, Standard Test Method for the Identification of Hydrocarbon Components in Automotive Gasoline Using Gas Chromatography.

• (4) The concentration of sulphur in gasoline referred to in Schedule 1 must be measured in accordance with

  • (a) until December 31, 2003, the National Standard of Canada method CAN/CGSB-3.0 No. 16.1-98, Sulphur in Gasoline by Energy Dispersive X-Ray Fluorescence Spectrometry (EDXRF); and

  • (b) after December 31, 2003, the American Society for Testing and Materials method D 5453-00, Standard Test Method for Determination of Total Sulphur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence.

• (5) The vapour pressure of gasoline at 37.8°C (100°F) referred to in Schedule 1 must be measured in accordance with the American Society for Testing and Materials method D 5191-01, Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method) and converted to “dry vapor pressure equivalent” as described in that method.

• (6) The evaporative fractions of gasoline at 93.3°C (200°F) and 148.9°C (300°F) referred to in Schedule 1 must be measured in accordance with the American Society for Testing and Materials method D 86-01, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure.

• (7) The concentration of oxygen in gasoline referred to in Schedule 1 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0, No. 14.3-94, Standard Test Method for the Identification of Hydrocarbon Components in Automotive Gasoline Using Gas Chromatography.

• (8) The concentration of benzene and that of aromatics in oxygenates referred to in the definition commercially pure oxygenate in subsection 1(1) must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-94, Standard Test Method for the Identification of Hydrocarbon Components in Automotive Gasoline Using Gas Chromatography.

• (9) The concentration of benzene and that of aromatics in butane referred to in the definition commercially pure butane in subsection 1(1) must be measured in accordance with the American Society for Testing and Materials method D 2163-91, Standard Test Method for Analysis of Liquefied Petroleum (LP) Gases and Propene Concentrates by Gas Chromatography.

• (10) The concentration of sulphur in oxygenates referred to in the definition commercially pure oxygenate in subsection 1(1) must be measured in accordance with the American Society for Testing and Materials method D 5453-00, Standard Test Method for Determination of Total Sulphur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence.

• (11) The concentration of sulphur in butane referred to in the definition commercially pure butane in subsection 1(1) must be measured in accordance with the American Society for Testing and Materials method D 6667-01, Standard Test Method for Determination of Total Volatile Sulphur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence.

Equivalent Methods for Sampling and Analysis

• 6 (1) When the sampling method specified in subsection 5(1) cannot be reasonably applied, another sampling method may be used by the primary supplier if, at least 60 days before the use of the method, the primary supplier sends the Minister, by registered mail or courier,

  • (a) an explanation of why the method specified in subsection 5(1) cannot be applied;

  • (b) a description of the proposed alternative method; and

  • (c) evidence that demonstrates that the reliability and accuracy of the alternative method are comparable to those of the method specified in subsection 5(1).

• (2) For the purposes of sections 8 and 20, either the normally applicable method specified in one of subsections 5(2) to (7) or an alternative method may be used by the primary supplier on the condition that

  • (a) the equivalency of the alternative method to the normally applicable method be validated in accordance with the American Society for Testing and Materials method D 4855-97, Standard Practice for Comparing Test Methods, or the American Society for Testing and Materials method D 3764-01, Standard Practice for Validation of Process Stream Analyzer Systems; and

  • (b) the primary supplier sends the Minister, by registered mail or courier at least 60 days before using the alternative method, a description of the alternative method and evidence that demonstrates that it provides results equivalent to those provided by the normally applicable method.

• (3) If the Minister determines that the alternative method is not equivalent to the normally applicable method, the Minister shall reject it and notify the primary supplier to that effect.

Registration

• 7 (1) Every primary supplier must submit the information specified in Schedule 2 to the Minister by the later of

  • (a) November 1, 1998, and

  • (b) 15 days before the primary supplier starts to supply gasoline.

• (2) The Minister must provide each primary supplier with one or more registration numbers based on the information submitted in accordance with subsection (1).

• (3) When the information submitted under subsection (1) changes, other than information on typical annual volumes, the primary supplier must submit the updated information to the Minister within five days after the change.

Report

• 8 (1) Every primary supplier must submit a report to the Minister that is signed by an authorized official of the primary supplier and that contains the information set out in Schedule 3.

• (2) The report must be submitted

  • (a) quarterly, beginning on January 1, 1999 and ending on December 31, 2002, within 45 days after the last day of each calendar quarter during which gasoline was supplied; and

  • (b) annually, beginning on January 1, 2003, on or before February 15 of the year following each year during which gasoline was supplied.

• (3) Despite sections 5 and 6, a record of analysis as required by the Regulation of Fuels and Fuel Additives: Standards for Reformulated and Conventional Gasoline, Title 40, Code of Federal Regulations of the United States, Part 80, section 80.74 or 80.104, or as required by The California Reformulated Gasoline Regulations, Title 13, California Code of Regulations, Division 3, Chapter 5, Article 1, Subarticle 2, section 2270, may be used to provide the information on gasoline composition for a report referred to in subsection (1).

Records

• 9 (1) A primary supplier may, before dispatching a batch from a refinery or blending facility or importing a batch, identify the gasoline by recording it as one of the following types:

  • (a) complying gasoline;

  • (b) gasoline for use in aircraft;

  • (c) gasoline for use in competition vehicles;

  • (d) gasoline for use in scientific research;

  • (e) gasoline for export;

  • (f) gasoline in transit through Canada;

  • (g) U.S. reformulated gasoline;

  • (h) California gasoline;

  • (i) gasoline-like blendstock; and

  • (j) northern winter complying gasoline.

• (2) Any batch of gasoline dispatched by a primary supplier from a refinery or blending facility, or imported by a primary supplier, that has not been identified under subsection (1) is considered, for the purposes of these Regulations, to have been identified as complying gasoline.

• (3) Every primary supplier must have a record for each batch it dispatches or imports that includes

  • (a) the type of gasoline as identified under subsection (1), unless it is complying gasoline;

  • (b) the date on which the batch was dispatched or imported;

  • (c) the volume and the grade of each batch; and

  • (d) the name and address of the person to whom the gasoline was sold or the address of the storage facility or refuelling facility to which the gasoline was delivered.

• (4) For each batch of complying gasoline received at a refinery or non-mobile blending facility, every primary supplier must record the name and address of the seller or provider, the date of the purchase or transfer of ownership, and the volume and the grade of the batch.

• (5) Every primary supplier must have written evidence that establishes that each batch identified under subsection (1) as one of the following types of gasoline was sold or delivered for the use appropriate to the identified type:

  • (a) gasoline for use in aircraft;

  • (b) gasoline for use in competition vehicles;

  • (c) gasoline for use in scientific research;

  • (d) gasoline for export; and

  • (e) gasoline in transit through Canada.

• (6) For each batch identified under subsection (1) as U.S. reformulated gasoline or California gasoline, every primary supplier must have written evidence that establishes that the batch meets the compositional requirements for U.S. reformulated gasoline or California gasoline, as the case may be.

Retention of Records

10 Every primary supplier must retain in Canada any record and any related written evidence referred to in section 9, 13 or 20

• (a) for a period of three years from the day on which the record was made, if it was made before January 1, 2004; and

• (b) for a period of five years from the day on which the record was made, if it was made on or after January 1, 2004.

Submission of Samples and Records

11 Any person who supplies, sells or offers for sale gasoline must make available to the Minister and, on the Minister’s request, provide the Minister, at an address and in a manner specified in the request, with,

• (a) a sample of their gasoline;

• (b) a copy of any records or written evidence required by section 9, 12, 13 or 20; and

• (c) the names and addresses of the persons who sold or provided the gasoline to them and the date of sale or transfer of ownership of the gasoline.

Additional Requirements for Importers

• 12 (1) Every importer must notify the Minister, at least 12 hours before the time of importation, of the importer’s intention to import in the following circumstances:

  • (a) the importation, at any one time, of more than 100 m³ of gasoline identified under subsection 9(1) or (2) as complying gasoline, U.S. reformulated gasoline, California gasoline or northern winter complying gasoline;

  • (b) the importation, at any one time, of any amount of gasoline identified under subsection 9(1) as gasoline-like blendstock; or

  • (c) the importation into a province and within any one day, of more than 1 000 m³ of gasoline identified under subsection 9(1) or (2) as complying gasoline, U.S. reformulated gasoline, California gasoline or northern winter complying gasoline.

• (2) The notice required by subsection (1) must include

  • (a) the name and registration number of the importer;

  • (b) the type of gasoline identified under subsection 9(1), unless it is complying gasoline;

  • (c) the volume of the gasoline that is scheduled to be imported;

  • (d) the point of entry of the gasoline into Canada and the estimated date and time that it will enter Canada;

  • (e) the address of the first storage facility or refuelling facility to which the gasoline is to be delivered and the estimated date and time of its delivery there; and

  • (f) the name and telephone number of a representative of the importer through whom sampling arrangements can be made.

• (3) Effective July 1, 1999, no importer shall import gasoline by cargo tanker, railway car, boat, marine vessel or aircraft unless the gasoline is accompanied at the point of entry into Canada and at the point of delivery, and everywhere between those points, by a record that shows

  • (a) the name, address and registration number of the importer;

  • (b) the name and address of the person to whom the gasoline is to be sold or ownership transferred;

  • (c) the address of the first storage facility or refuelling facility to which the gasoline is to be delivered;

  • (d) the volume of the gasoline; and

  • (e) the type of gasoline identified under subsection 9(1), unless it is complying gasoline.

Gasoline-like Blendstock — Records and Requirements

• 13 (1) For every batch identified under subsection 9(1) as gasoline-like blendstock, every primary supplier must, before dispatching the batch from its refinery or blending facility or before importing the batch, record the name and address of the person who purchases or receives the batch, the date of dispatch or importation and the volume of the batch that is scheduled to be dispatched or imported.

• (2) Every primary supplier must provide the Minister, as an annex to the report required under section 8 and for each batch of gasoline-like blendstock that was dispatched or imported during the period covered by the report, with the information prescribed under subsection (1), except the scheduled volume, and with the actual volume of the batch dispatched or imported.

• (3) Effective July 1, 1999, every person who purchases or receives a batch of gasoline-like blendstock and does not export it must

  • (a) subject to subsection (4), refine or blend the batch to manufacture complying gasoline or gasoline referred to in subsection 2(1); and

  • (b) record the name, address and registration number of the primary supplier who originally supplied the batch of gasoline-like blendstock, the name and address of the seller or provider of the batch, the date of purchase or transfer of ownership of the batch and the volume of the batch.

• (4) Effective July 1, 1999, a person who has purchased or received a batch of gasoline-like blendstock may sell or transfer ownership of the batch on condition that the person, before the sale or transfer of ownership, makes a record of the name and address of the person who purchases or receives the batch, the date of sale or transfer of ownership of the batch and the volume of the batch.

• (5) Effective July 1, 1999, no person shall, in respect of gasoline-like blendstock,

  • (a) sell it or offer it for sale

    • (i) represented as complying gasoline, or

    • (ii) for use in a spark ignition engine; or

  • (b) dispense it for use in a spark ignition engine.

PART 2Option for a Yearly Pool Average

Application

• 14 (1) Subject to subsection (2), this Part, except for subsections 16(2) to (7), applies only to primary suppliers who elect under section 15 to meet the requirements of these Regulations on the basis of a yearly pool average, and only in respect of the facility or province of importation for which the election has been made, for

  • (a) benzene;

  • (b) the benzene emissions number; or

  • (c) both benzene and the benzene emissions number.

• (2) The requirements of sections 17 to 22 with respect to the benzene emissions number or a model parameter other than benzene do not apply to a primary supplier who has elected under section 15 to meet only the requirements for benzene referred to in paragraph (1)(a).

Election — Yearly Pool Average

• 15 (1) A primary supplier may elect to meet the requirements of these Regulations on the basis of the yearly pool average for

  • (a) benzene instead of the limit specified in subsection 3(1);

  • (b) the benzene emissions number instead of the limits specified in section 4; or

  • (c) benzene and the benzene emissions number instead of the limits specified in subsection 3(1) and section 4, respectively.

• (1.1) A primary supplier who elects under subsection (1) shall notify the Minister by registered mail or courier at least 60 days before the start of the first year for which the basis will be a yearly pool average.

• (2) A primary supplier may cancel the election by notifying the Minister by registered mail or courier any time prior to 60 days before the start of the first year for which the basis will not be a yearly pool average.

• (3) The Minister may revoke the election of a primary supplier who is convicted of an offence under the Act in respect of these Regulations.

Prohibition and Temporary Alternative Limits for Benzene and the Benzene Emissions Number

• 16 (1) Effective July 1, 1999, no primary supplier who has elected under section 15 to meet the requirements for benzene on the basis of a yearly pool average shall supply gasoline that contains benzene at a concentration that exceeds 1.5% by volume or at a yearly pool average concentration, determined in accordance with section 18, that exceeds 0.95% by volume.

• (2) Despite subsections (1) and 3(1) and sections 4 and 17, a primary supplier may apply to the Minister to be temporarily subject to limits, established from laboratory and volumetric data for gasoline supplied by the primary supplier during 1994, 1995 or 1996, alternative to those specified in subsection (1) or 3(1) or section 4 or 17, for

  • (a) the limits for the yearly pool average, volumetrically weighted to account for the different requirements for gasoline supplied during the period beginning on July 1, 1999 and ending on the date established under paragraph (3)(f) and gasoline supplied during the remainder of the year; and

  • (b) the limits other than those for the yearly pool average.

• (3) An application under subsection (2) shall be submitted to the Minister, by registered mail or courier, before June 4, 1999, and shall contain

  • (a) the name and address of the primary supplier and the location of the refinery or blending facility or, in the case of an importer, the province of importation, for which the primary supplier is unable to meet the requirements of subsection (1) or 3(1) by July 1, 1999;

  • (b) a geographic description of the area where gasoline supplied from the refinery or blending facility or by the importer is sold to the consumer;

  • (c) the limits proposed under subsection (2);

  • (d) laboratory and volumetric data on each model parameter, measured using the methods described in section 5 or 6, for gasoline supplied by the primary supplier during one of the years 1994, 1995 and 1996;

  • (e) written evidence that all laboratory and volumetric data provided have been verified by an auditor;

  • (f) a date, not later than December 31, 1999, until which the primary supplier proposes to use temporary alternative limits;

  • (g) a detailed explanation of why the primary supplier is unable to meet the requirements of subsection (1) by July 1, 1999, including reasons beyond its control;

  • (h) the reasons why the area described in paragraph (b) and the date referred to in paragraph (f) are proposed;

  • (i) a detailed explanation with supporting documentation of the reasons referred to in paragraph (4)(b); and

  • (j) if a primary supplier has elected to meet a requirement on the basis of a yearly pool average, an update of the compliance plan required under section 21, taking into account the requirements of subsections (5) to (7) and despite the deadline specified in subsection 21(3).

• (4) The Minister shall authorize the primary supplier to use the temporary alternative limits under subsection (2) only if

  • (a) the primary supplier has made all reasonable efforts to meet the requirements of subsection (1) or 3(1) by July 1, 1999;

  • (b) the non-authorization of temporary alternative limits would

    • (i) have a significant effect on the supply of gasoline or other petroleum products in the area identified under paragraph (3)(b),

    • (ii) require the primary supplier to significantly curtail operations or cease operating for a period of time and thereby result in financial hardship, or

    • (iii) result in the primary supplier going out of business;

  • (c) the temporary alternative limits are representative of or superior to the quality of gasoline supplied by the primary supplier during 1994, 1995 or 1996; and

  • (d) the reasons provided under paragraph (3)(h) are well-founded.

• (5) The primary supplier may use the temporary alternative limits under subsection (2) for the refinery, blending facility or province of importation identified under paragraph (3)(a)

  • (a) during the period beginning on July 1, 1999 and ending on December 31, 1999, for the limits referred to in paragraph (2)(a); and

  • (b) during the period beginning on July 1, 1999 and ending on the date established under paragraph (3)(f), for the limits referred to in paragraph (2)(b).

• (6) A primary supplier who is subject to temporary alternative limits and who, during the period beginning on July 1, 1999 and ending on the date established under paragraph (3)(f), supplies a batch from a refinery or blending facility identified under paragraph (3)(a) or imports a batch into the province identified under that paragraph, must report to the Minister, in writing, by February 14, 2000, in respect of each batch,

  • (a) the values of the model parameters;

  • (b) the benzene emissions number;

  • (c) the volume and grade; and

  • (d) the date or dates on which the batch was dispatched or imported.

• (7) A primary supplier that uses temporary alternative limits under subsection (2) must meet the limits specified in subsection (1) or 3(1) and section 4 or 17

  • (a) effective January 1, 2000, for the limits on the yearly pool average; and

  • (b) after the date established under paragraph (3)(f), for all other limits.

Benzene Emissions Number — Prohibition and Alternative Limits

• 17 (1) Effective July 1, 1999, no primary supplier who has elected under section 15 to meet the requirements for the benzene emissions number on the basis of a yearly pool average shall supply

  • (a) a batch during the summer that has a benzene emissions number exceeding 102;

  • (b) a batch during the winter that has a benzene emissions number exceeding 132; or

  • (c) gasoline if the yearly pool average for the benzene emissions number, determined in accordance with section 18, exceeds 59.5.

• (2) Despite subsection (1), a primary supplier may elect to be subject to limits alternative to those specified in that subsection if the primary supplier submits to the Minister, by registered mail or courier, before December 1, 1998,

  • (a) laboratory and volumetric data on each model parameter, measured using the methods described in section 5 or 6, for gasoline supplied by the primary supplier during one of the years 1994, 1995 and 1996;

  • (b) alternative limits for one or more of the limits specified in subsection (1) established in accordance with subsection (3); and

  • (c) written evidence that all laboratory and volumetric data and the alternative limits provided have been verified by an auditor.

• (3) The primary supplier must establish the alternative limits from the laboratory and volumetric data submitted under paragraph (2)(a), adjusted to reflect the compositional requirements of these Regulations for benzene, by using one of the following methods:

  • (a) if values for the model parameters exist for each batch supplied by the primary supplier during the applicable year, the alternative limits must be established by

    • (i) if the concentration of benzene for a batch exceeds 1.5% by volume, setting the value used for the concentration of benzene for that batch to 1.5% by volume,

    • (ii) once the adjustment required by subparagraph (i) has been made for all batches, calculating the benzene emissions number for each batch,

    • (iii) separately calculating for the summer and for the winter the 95th percentile of the benzene emissions numbers calculated in accordance with subparagraph (ii), and using the obtained values as limits alternative to those specified in paragraphs (1)(a) and (b), respectively, for the purposes of paragraph (2)(b),

    • (iv) setting the value used for the concentration for benzene for each batch to 0.95% by volume,

    • (v) once the adjustment required by subparagraph (iv) has been made for all batches, calculating the benzene emissions number for each batch, and

    • (vi) calculating the primary supplier’s limit alternative to that specified in paragraph (1)(c) by averaging, on a volume-weighted basis, the individual benzene emissions numbers calculated under subparagraph (v), and using that value for the purposes of paragraph (2)(b); and

  • (b) if values for the model parameters do not exist for each batch supplied by the primary supplier during the applicable year, the alternative limits must be established by

    • (i) calculating the average, on a volume-weighted basis, of each of the model parameters for both the summer and the winter of the applicable year,

    • (ii) setting the values used for the summer and winter averages for benzene to 0.95% by volume,

    • (iii) calculating the average summer benzene emissions number and the average winter benzene emissions number using the summer average and winter average of each model parameter, respectively, adjusted in accordance with subparagraph (ii),

    • (iv) calculating the limits alternative to those specified in paragraphs (1)(a) and (b) by multiplying by 2 the average summer benzene emissions number and the average winter benzene emissions number, respectively, calculated in accordance with subparagraph (iii), and using those alternative limits for the purposes of paragraph (2)(b), and

    • (v) calculating the limit alternative to that specified in paragraph (1)(c) by averaging, on a volume-weighted basis, the average summer benzene emissions number and the average winter benzene emissions number, calculated in accordance with subparagraph (iii), and using that value for the purposes of paragraph (2)(b).

• (4) The primary supplier may use the alternative limits provided under paragraph (2)(b) instead of the limits specified in subsection (1) on condition that the Minister determines that the laboratory and volumetric data provided under paragraph (2)(a) are representative of gasoline supplied by the primary supplier during the applicable year.

• (5) A primary supplier who has elected under subsection (2) to be subject to alternative limits may rescind that election by notifying the Minister in writing to that effect, and thereafter the primary supplier is subject to the limits specified in subsection (1).

Calculating a Yearly Pool Average

• 18 (1) Effective July 1, 1999 and subject to subsections (2) to (6), every primary supplier must calculate, for the purposes of sections 16 and 17, separate yearly pool averages for

  • (a) the gasoline manufactured in each of its refineries;

  • (b) the gasoline blended in each of its blending facilities; and

  • (c) imported gasoline, on the basis of province of importation.

• (2) To calculate its yearly pool average, a primary supplier must

  • (a) include all batches that it supplied during the year that were identified under subsection 9(1) or (2) as complying gasoline or northern winter complying gasoline; and

  • (b) exclude

    • (i) all batches that it supplied during the year that were identified under subsection 9(1) as a type of gasoline other than complying gasoline or northern winter complying gasoline,

    • (ii) all batches that were exported by the primary supplier or by an agent or affiliate of the primary supplier, and

    • (iii) all batches of complying gasoline that the primary supplier obtained from another person.

• (3) If a batch is imported and delivered to a refinery or a blending facility, the primary supplier may use a combined yearly pool average for the refinery or blending facility and the imported gasoline if the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.

• (4) If a primary supplier imports, or dispatches from its refinery, a batch of gasoline-like blendstock to a blending facility where it is subsequently blended resulting in complying gasoline, the primary supplier may use a combined yearly pool average for the blending facility and the refinery, or in the case of an importer, the blending facility and its applicable provincial yearly pool average, if

  • (a) the primary supplier owns the batch of gasoline-like blendstock;

  • (b) the batch of gasoline-like blendstock is segregated from all other batches of gasoline stored at the blending facility; and

  • (c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.

• (5) If a primary supplier imports, or dispatches from its refinery, a batch of complying gasoline that is subsequently mixed with a commercially pure oxygenate or commercially pure butane in a facility, including a mobile facility, the primary supplier may adjust the model parameters of the batch to reflect the addition of the commercially pure oxygenate or the commercially pure butane that is mixed with the batch and may use the adjusted model parameters, instead of the measured model parameters, in calculating the yearly pool average for its refinery, or in the case of an importer, its applicable provincial yearly pool average, if

  • (a) the primary supplier owns the batch of complying gasoline;

  • (b) the primary supplier’s refinery or source of importation is the facility’s sole source of gasoline, unless the facility is mobile; and

  • (c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.

• (6) For the purpose of calculating a yearly pool average, a primary supplier may combine several yearly pool averages calculated under subsection (1) if

  • (a) the combined yearly pool average represents an annual volume of gasoline of not more than 12 000 m³;

  • (b) the refineries, blending facilities and points of importation are all located in the same province; and

  • (c) the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the combined yearly pool average will be met.

Procedures for Sampling and Analysis

• 19 (1) Effective July 1, 1999 and subject to subsections (2) and (3), every primary supplier must take a sample from each batch supplied by the primary supplier using a method specified in subsection 5(1) or 6(1).

• (2) If a primary supplier receives gasoline for one or more cargo tankers or railway cars from a single batch at a storage facility and the batch is not blended, mixed with other gasoline or otherwise modified during the period in which the cargo tankers or railway cars receive gasoline from the storage facility, the primary supplier may take a sample from the batch instead of taking samples from each of the cargo tankers or railway cars if the primary supplier describes, in the compliance plan required by section 21, how it will demonstrate that the sample represents the gasoline in the cargo tankers or railway cars.

• (3) If a primary supplier imports, or dispatches from its refinery, to a blending facility gasoline-like blendstock for the purpose of manufacturing complying gasoline by blending with a commercially pure oxygenate or commercially pure butane, the primary supplier may take a sample of the gasoline-like blendstock instead of taking a sample from the resulting gasoline if the primary supplier

  • (a) is using a combined yearly pool average for the facilities under subsection 18(4);

  • (b) analyses each sample in accordance with subsection (4);

  • (c) analyses or calculates the effect of blending the gasoline-like blendstock with the commercially pure oxygenate or commercially pure butane on the model parameters of the sample of gasoline-like blendstock analysed under subsection (4);

  • (d) computes the model parameters of the resulting gasoline according to the effect calculated under paragraph (c) on the model parameters of the gasoline-like blendstock analysed under paragraph (b);

  • (e) maintains a record of

    • (i) the values of the model parameters of the gasoline-like blendstock,

    • (ii) the volumes of the commercially pure oxygenate and commercially pure butane added to the gasoline-like blendstock,

    • (iii) the volumes of the gasoline-like blendstock and the resulting gasoline,

    • (iv) the calculations performed under paragraph (c), and

    • (v) the model parameters computed under paragraph (d); and

  • (f) reports the volume of the resulting gasoline and the adjusted model parameters and adjusted benzene emissions number in the report required by section 8.

• (4) Effective July 1, 1999, for each batch supplied by a primary supplier, the primary supplier must

  • (a) for each sample taken in accordance with this section,

    • (i) analyse the sample for each of the model parameters, using one or more laboratories that have a quality control program, and calculate the benzene emissions number, or

    • (ii) subject to subsection (5), combine it with other samples, thoroughly mix the composite sample, analyse the composite sample for each of the model parameters, using one or more laboratories that have a quality control program, and calculate the composite value of the benzene emissions number; or

  • (b) obtain records of analysis, as described in subsection 8(3), for each of the model parameters and calculate the benzene emissions number.

• (5) Samples may only be combined under subparagraph (4)(a)(ii) if

  • (a) the samples are the same grade of gasoline;

  • (b) the samples are either summer or winter gasoline but not both;

  • (c) the samples are mixed in the proportion of the volumes of the batches;

  • (d) the primary supplier chooses whichever of the following compositions that, when combined, requires the most frequent analysis, namely,

    • (i) the composition that represents all the batches supplied by the primary supplier for a continuous period of up to 30 days, or

    • (ii) the composition that represents batches supplied by the primary supplier that have a combined volume of up to 1 000 m³; and

  • (e) the samples are collected, handled and stored in a manner that minimizes changes in gasoline composition of the sample.

• (6) Effective January 1, 2002, a primary supplier may use a statistical quality assurance program to replace the requirements of paragraph (4)(a) for a model parameter if

  • (a) a report is sent to the Minister, by registered mail or courier 60 days before the use of the statistical quality assurance program, containing

    • (i) a description of the statistical quality assurance program,

    • (ii) laboratory and volumetric data on the model parameter of the gasoline supplied by the primary supplier for the previous two years, and

    • (iii) an analysis of the results of the statistical quality assurance program compared to the results obtained under paragraph (4)(a) for the two years referred to in subparagraph (ii); and

  • (b) the analysis required by subparagraph (a)(iii) demonstrates that the statistical quality assurance program, for the range of values of the model parameter for individual batches and the value of the yearly pool average,

    • (i) provides equivalent results compared to the results obtained under paragraph (4)(a), or

    • (ii) projects a higher concentration of benzene and a higher value for the benzene emissions number compared to that obtained under paragraph (4)(a).

• (7) No primary supplier shall continue to use the statistical quality assurance program referred to in subsection (6) if

  • (a) the mix of crude oil used to manufacture the gasoline is changed in a way that would result in the requirements of paragraph (6)(b) not being met;

  • (b) any equipment is installed or modified at the refinery or blending facility that would result in the requirements of paragraph (6)(b) not being met; or

  • (c) the primary supplier is convicted of an offence under the Act in respect of these Regulations.

• (8) Effective July 1, 1999, every primary supplier must retain in Canada

  • (a) any sample collected for the purposes of these Regulations until whichever of the following dates the primary supplier chooses, namely,

    • (i) the 30th day after the date on which the sample was analysed, or

    • (ii) the date on which the primary supplier has sampled and supplied 20 batches after the sample was analysed; and

  • (b) at least 1.7 L of the sample so that analysis for each model parameter can be performed by the Minister.

Record of Composition

20 Effective July 1, 1999, every primary supplier must make a record for each batch supplied by the primary supplier that includes

• (a) a unique identification number that links the batch to any samples taken;

• (b) the name of any oxygenates added;

• (c) the values, as determined under subsection 19(4) or (6), of the model parameters and the benzene emissions number; and

• (d) the year-to-date volume-weighted average of the model parameters and the benzene emissions number.

Compliance Plan

• 21 (1) Effective 150 days before the beginning of the first year for which a primary supplier has elected to meet a requirement on the basis of a yearly pool average, the primary supplier must put in place a compliance plan that contains

  • (a) a description of how the primary supplier will demonstrate that the yearly pool average will be met;

  • (b) a description of how the samples required by these Regulations are to be collected, analysed and recorded; and

  • (c) the location where the samples and records required by these Regulations are to be kept.

• (2) The compliance plan must be signed by an authorized official of the primary supplier and sent to the Minister by registered mail or courier at least 150 days before the beginning of the first year for which the primary supplier has elected to meet a requirement on the basis of a yearly pool average.

• (3) At least 45 days before a primary supplier changes any information provided under subsection (1), the primary supplier must update the compliance plan and submit it to the Minister by registered mail or courier.

Audit

• 22 (1) For each year for which the basis is a yearly pool average elected under section 15, a primary supplier must have an auditor perform an audit to verify that the primary supplier’s systems, practices and procedures are, in the auditor’s opinion, appropriate to demonstrate compliance with these Regulations and that the records and reports required by these Regulations are complete and accurate.

• (2) The audit must include the methodical examination and testing of the primary supplier’s systems, practices, procedures, records and reports in respect of

  • (a) the volumes and composition of batches supplied by the primary supplier during the year;

  • (b) the identification of types of batches dispatched or imported by the primary supplier during the year, under subsection 9(1) or (2);

  • (c) the calculation of the yearly pool average;

  • (d) the use of the compliance plan required by section 21;

  • (e) the procedures and standards that are in place for the storing of records and samples in a manner such that the Minister, on request under section 11, has ready access to them;

  • (f) laboratory procedures and methods of analysis; and

  • (g) the quality control program that the laboratories used.

• (3) The primary supplier must submit a report, signed by the auditor, to the Minister by May 31 after the year for which the audit was carried out that contains

  • (a) the name, address and registration number of the primary supplier;

  • (b) the name, address and qualifications of the auditor;

  • (c) the number of batches supplied by the primary supplier and the total volume of each type of gasoline, as identified under subsection 9(1) or (2), dispatched or imported by the primary supplier;

  • (d) the procedures followed by the auditor to assess the validity of the information required by these Regulations;

  • (e) an assessment by the auditor of the extent to which the primary supplier has complied with these Regulations throughout the year of the audit; and

  • (f) a description of the nature and date of any inaccuracies in the records and any other deviations from the requirements of these Regulations by the primary supplier.

PART 3

[Repealed, SOR/2000-102, s. 26]

PART 4Coming into Force

24 These Regulations come into force on November 6, 1997.