Benzene in Gasoline Regulations (SOR/97-493)
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Regulations are current to 2023-05-17 and last amended on 2018-02-02. Previous Versions
PART 2Option for a Yearly Pool Average (continued)
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.
21 (1) Effective 60 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 at least 60 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.
- SOR/2018-11, s. 12
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 who is independent of the primary supplier 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.
- SOR/2003-318, s. 12
- SOR/2004-252, s. 5(F)
- SOR/2018-11, s. 13
[Repealed, SOR/2000-102, s. 26]
PART 4Coming into Force
24 These Regulations come into force on November 6, 1997.
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