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Benzene in Gasoline Regulations (SOR/97-493)

Regulations are current to 2020-10-05 and last amended on 2018-02-02. Previous Versions

PART 1Requirements Pertaining to Benzene in Gasoline (continued)

Report

  •  (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).

  • SOR/2003-318, s. 5
  •  (1) Any information, report or notice that is required, or any application that is made, under these Regulations must be sent electronically in the form and format specified by the Minister and must bear the electronic signature of an authorized official.

  • (2) If the Minister has not specified an electronic form and format or if it is impractical to send the information, report, notice or application electronically in accordance with subsection (1) because of circumstances beyond the control of the person sending it, they must send it on paper, signed by an authorized official, in the form and format specified by the Minister. However, if no form and format have been so specified, the information may be in any form and format.

  • SOR/2018-11, s. 9

Records

  •  (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.

  • SOR/2003-318, s. 6

Retention of Records

 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.

  • SOR/2003-318, s. 6

Submission of Samples and Records

 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.

  • SOR/2004-252, s. 3(F)

Additional Requirements for Importers

  •  (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.

  • SOR/2003-318, s. 7
 
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