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)

  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 with a single concentration of sulphur, as sampled and measured in accordance with section 3. (lot)

  blend

  blend means the production of a batch by mixing gasoline or gasoline components, including oxygenates. It does not include

  • (a) the mixing of only low-sulphur gasolines or California gasolines, or both; or

  • (b) the adding of only additives, sulphur-limited butane or sulphur-limited oxygenates to low-sulphur gasoline or California gasoline. (mélange)

  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 5(1) of these Regulations. (essence Californie)

  California Phase 2 gasoline

  California Phase 2 gasoline[Repealed, SOR/2003-319, s. 1]

  cargo tanker

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

  competition vehicle

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

  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 by 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 to produce low-sulphur gasoline and that has been identified as gasoline-like blendstock under section 5. (composé de base de type essence automobile)

  grade

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

  imported

  imported[Repealed, SOR/2000-104, s. 5]

  low-sulphur gasoline

  low-sulphur gasoline means gasoline that meets the requirements of subsections 2(1) to (3) and that has been identified as low-sulphur gasoline under section 5. (essence à faible teneur en soufre)

  oxygenate

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

  pool average

  pool average, in respect of a refinery, blending facility or province, or any combination of them, means the volume-weighted average concentration of sulphur in gasoline produced at that refinery or blending facility or imported into that province, or produced at or imported into that combination, during a year, or, if the primary supplier has elected to use an alternative averaging calculation method under subsection 11(1) the averaging period specified in subsection 11(2), calculated in accordance with section 10. (moyenne de l’ensemble des lots)

  primary supplier

  primary supplier means

  • (a) in respect of gasoline that is produced at a refinery or 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)

  produced

  produced[Repealed, SOR/2000-104, s. 5]

  refinery

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

  registration number

  registration number means a number provided by the Minister pursuant to section 7 of the Benzene in Gasoline Regulations. (numéro d’enregistrement)

  scientific research

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

  sulphur-limited butane

  sulphur-limited butane means butane with a sulphur concentration that does not exceed

  • (a) in respect of butane added to gasoline until December 31, 2004, 140 mg/kg; and

  • (b) in respect of butane added to gasoline after December 31, 2004, 40 mg/kg. (butane à concentration limitée en soufre)

  sulphur-limited oxygenate

  sulphur-limited oxygenate means an oxygenate with a sulphur concentration that does not exceed

  • (a) in respect of oxygenate added to gasoline until December 31, 2004, 170 mg/kg; and

  • (b) in respect of oxygenate added to gasoline after December 31, 2004, 40 mg/kg. (produit oxygéné à concentration limitée en soufre)

  year

  year means a calendar year, except during 2002, when it means the period beginning on July 1 and ending on December 31. (année)

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

Application

1.1 These Regulations do not apply to gasoline if

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

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

• (c) the gasoline is being imported, its concentration exceeds the concentration referred to in section 2 and the gasoline is accompanied by written evidence establishing that the gasoline will meet the requirements of these Regulations before the gasoline is used or sold; or

• (d) the gasoline is being imported in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air.

PART 1Requirements Pertaining to Sulphur in Gasoline

Prescribed Levels

• 2 (1) For the purposes of section 139 of the Act, the concentration of sulphur in each batch of gasoline produced or imported by a primary supplier that shall not be exceeded is

  • (a) where the primary supplier has elected under section 9 to calculate the sulphur concentration of that gasoline on the basis of a pool average,

    • (i) for the period beginning on October 1, 2003 and ending on December 31, 2004, 300 mg/kg, and

    • (ii) on or after January 1, 2005, 80 mg/kg; and

  • (b) in any other case,

    • (i) for the period beginning on July 1, 2002 and ending on December 31, 2004, 170 mg/kg, and

    • (ii) on or after January 1, 2005, 40 mg/kg.

• (2) For the purposes of section 139 of the Act, the pool average for each refinery, blending facility or province of importation, or any combination of them, in respect of which a primary supplier has elected under section 9, that shall not be exceeded is

  • (a) for the period beginning on July 1, 2002 and ending on December 31, 2004, 150 mg/kg; and

  • (b) on or after January 1, 2005, 30 mg/kg.

• (3) For the purposes of section 139 of the Act, the concentration of sulphur in gasoline sold that shall not be exceeded is

  • (a) for the period beginning on January 1, 2004 and ending on March 31, 2005, 300 mg/kg; and

  • (b) on or after April 1, 2005, 80 mg/kg.

• (4) Subsections (1) to (3) do not apply to

  • (a) gasoline for use in aircraft, if the gasoline has an octane number of at least 99.5, or contains at least 5 mg/L of lead, measured in accordance with the methods set out in the National Standard of Canada standard CAN-CGSB-3.25-94, Aviation Gasoline (Grades 80, 100 and 100LL);

  • (b) gasoline for use in competition vehicles, if the gasoline has an antiknock index of at least 100;

  • (c) gasoline for use in scientific research in Canada; or

  • (d) [Repealed, SOR/2000-104, s. 6]

  • (e) gasoline-like blendstock.

• (5) Subparagraph (1)(b)(ii) does not apply to California gasoline.

Methods for Sampling and Analysis

• 3 (1) For the purposes of these Regulations,

  • (a) where a method is being used at a site pursuant to subsection 6(1) of the Benzene in Gasoline Regulations, samples at that site shall be taken by that method; and

  • (b) in any other case, samples shall be taken in accordance with the sampling method described in the National Standard of Canada standard CAN/CGSB-3.5-94, Unleaded Automotive Gasoline.

• (2) For the purposes of these Regulations, the following concentrations shall be measured as indicated:

  • (a) the concentration of sulphur in gasoline shall be measured

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

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

  • (b) the concentration of sulphur in an oxygenate shall be measured in accordance with the American Society for Testing and Materials method D 5453-00, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence; and

  • (c) the concentration of sulphur in butane shall be measured in accordance with the American Society for Testing and Materials method D 6667-01, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence.

• (3) to (5) [Repealed, SOR/2003-319, s. 4]

• (6) For the purposes of sections 4 and 12, where a method of analysis is being used at a site pursuant to subsection 6(2) of the Benzene in Gasoline Regulations, analysis of samples of gasoline taken at that site may be done by that method.

• (7) Subsection (6) shall not be interpreted as an exemption from any requirement under section 2;

Report

• 4 (1) For each year in which a primary supplier produces or imports gasoline identified under subsections 5(1) or (2) as low-sulphur gasoline, California gasoline or gasoline-like blendstock, the primary supplier shall submit to the Minister a report, on or before February 15 of the following year,

  • (a) for each refinery and blending facility at which it produced that gasoline and for each province into which it imported that gasoline; and

  • (b) for each combination of refinery, blending facility and province in respect of which it elected under section 9.

• (2) A report submitted under subsection (1) shall be signed by an authorized official of the primary supplier and contain

  • (a) the name and address of the primary supplier and the registration number pertaining to the refinery, blending facility or province to which the report applies;

  • (b) the name, title and telephone number of the authorized official;

  • (c) for gasoline produced or imported by the primary supplier and identified under section 5 as low-sulphur gasoline,

    • (i) where the primary supplier has elected under section 9 to calculate the concentration of sulphur in that gasoline on the basis of a pool average, the pool average, and

    • (ii) in any case, the volume of that gasoline and, subject to subsection (3), the highest concentration of sulphur in that gasoline;

  • (d) for gasoline produced or imported by the primary supplier and identified under subsection 5(1) as California gasoline, the volume of that gasoline and, subject to subsection (3), the highest concentration of sulphur in that gasoline; and

  • (e) for gasoline produced or imported by the primary supplier and identified under section 5 as gasoline-like blendstock, the volume of the gasoline-like blendstock.

• (3) In a report submitted under subsection (1), a record of analysis referred to in subsection 8(3) of the Benzene in Gasoline Regulations may be used for the purposes of subparagraph (2)(c)(ii) and paragraph (2)(d).

• (4) Subsection (3) shall not be interpreted as an exemption from any requirement under section 2.

Records of Type of Gasoline

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

  • (a) low-sulphur 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) California gasoline; or

  • (h) gasoline-like blendstock.

• (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 and recorded under subsection (1) is considered, for the purposes of these Regulations, to have been identified as low-sulphur gasoline.

• (3) Every primary supplier shall maintain a record that establishes

  • (a) that each batch that it identified under any of paragraphs (1)(b) to (f) was sold or delivered for the use appropriate to the identified type; and

  • (b) that each batch that it identified under paragraph (1)(g) meets the compositional requirements for California gasoline.

Gasoline-like Blendstock

• 6 (1) Before any batch of gasoline-like blendstock is dispatched from a refinery or blending facility, or imported or sold, the person who dispatches, imports or sells the batch shall make a record that identifies the fuel as “gasoline-like blendstock that is intended to be further refined or blended to produce low-sulphur gasoline” and that contains the following information:

  • (a) the name and address of the person who dispatched, imported or sold the batch;

  • (b) the name and address of the primary supplier who originally produced or imported the batch;

  • (c) the registration number pertaining to the refinery or blending facility at which the batch was produced or to the province into which the batch had originally been imported;

  • (d) the name and address of the person who purchases or receives the batch and the name and address of the facility to which the batch is dispatched;

  • (e) the date of the dispatch, importation or sale of the batch; and

  • (f) the volume of the batch that is scheduled to be dispatched or imported.

• (2) No person shall sell a batch of gasoline-like blendstock without providing the person purchasing or receiving the batch, before the transfer of possession or ownership of the batch, with a copy of the record that the seller is required to make under subsection (1).

• (3) Every primary supplier shall provide the Minister, as an annex to the report required under section 4 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 paragraphs (1)(a) to (e) and with the actual volume of the batch dispatched or imported.

Retention of Records

7 Every person required to make a record under section 5 or 6 shall maintain the record in Canada for a period of five years after the day on which the record was made.

Submission of Samples and Records

8 At the Minister’s request, any person who produces, imports or sells gasoline shall submit to the Minister

• (a) a sample of the gasoline;

• (b) a copy of any records required by section 5, 6 or 12; and

• (c) the name and address of any person from whom the gasoline was acquired and the date of acquisition.

PART 2Requirements Pertaining to a Pool Average

Pool Average Election

• 9 (1) A primary supplier may elect to calculate the concentration of sulphur in gasoline on the basis of a single pool average for

  • (a) gasoline produced at a particular refinery or blending facility or imported into a particular province,

  • (b) gasoline produced at two or more refineries and blending facilities that are located in the same province, if their combined annual production is not more than 12 000 m³,

  • (c) gasoline imported into a province and gasoline produced at one or more refineries or blending facilities that are located in that province, if the total amount produced and imported annually is not more than 12 000 m³,

  by notifying the Minister to that effect at least 60 days before the start of the first year in respect of which the calculation will be made on that basis.

• (2) Notice of an election under subsection (1) shall

  • (a) specify the refinery, blending facility or province of importation, or the combination of them, to which the election applies; and

  • (b) describe the techniques that the primary supplier will use to construct and evidence the pool average, including

    • (i) the location at its facilities where, the manner in which, and the frequency with which, the primary supplier will collect samples,

    • (ii) the location at which the primary supplier will determine the sulphur concentration of batches,

    • (iii) the method by which the primary supplier will determine the volume of batches,

    • (iv) the method by which the primary supplier will make and maintain the records,

    • (v) the location in Canada where the primary supplier will keep the samples and records, and

    • (vi) how subparagraphs (i) to (v) will be applied to any batch referred to in any of subsections 10(3) to (5).

• (3) At least 45 days prior to implementation of any change that affects information provided under subsection (1), a primary supplier shall submit a notice containing the updated information to the Minister.

• (4) A primary supplier may withdraw an election made under subsection (1) by submitting to the Minister a notice to that effect at least 60 days before the end of the last year to which the election applies.

• (5) All notices submitted under this section shall be signed by an authorized official and sent by registered mail or courier.

Calculation of Pool Average

• 10 (1) Subject to subsections (2) to (4) and section 11, a primary supplier shall calculate a pool average for each refinery, blending facility and province of importation, and for each combination thereof, in respect of which it elected under section 9, for all gasoline identified as low-sulphur gasoline under section 5.

• (2) In calculating a pool average, a primary supplier shall exclude all batches of low-sulphur gasoline that were exported by the primary supplier or an affiliate of the primary supplier.

• (3) Where a primary supplier imports and delivers a batch of low-sulphur gasoline to a refinery or a blending facility, the primary supplier may include that batch in the pool average for the refinery or blending facility if the batch is excluded from the pool average for the province of importation.

• (4) Where a primary supplier dispatches from a refinery and delivers, or imports and delivers, gasoline-like blendstock to a blending facility where it is blended to produce a batch of low-sulphur gasoline, the primary supplier may include that batch in the pool average for the refinery or province of importation, as the case may be, if

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

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

• (5) Where a primary supplier dispatches from a refinery or imports a batch of low-sulphur gasoline that is subsequently mixed with a sulphur-limited oxygenate or sulphur-limited butane in a facility, the primary supplier may adjust the recorded concentration of sulphur of the batch to reflect the addition of the sulphur-limited oxygenate or the sulphur-limited butane, and may use the adjusted recorded concentration, instead of the measured concentration for that batch, in calculating the pool average for the refinery or province of importation, as the case may be, if

  • (a) the primary supplier owns the batch; and

  • (b) where the facility is not a mobile facility, the primary supplier’s refinery or source of importation is the facility’s sole source of gasoline.

Option for an Alternative Averaging Calculation Method

• 11 (1) A primary supplier who elects to calculate the concentration of sulphur on the basis of a pool average under section 9 may also elect, in the notice required under that section, to use the alternative averaging calculation method described in subsection (2) for the period beginning on July 1, 2002 and ending on December 31, 2004 by

  • (a) informing the Minister of the primary supplier’s election to use the alternative averaging calculation method; and

  • (b) providing an estimate of the primary supplier’s anticipated volume-weighted average concentration of sulphur in its gasoline as of the end of the years 2002, 2003 and 2004.

• (2) For the purpose of calculating a pool average, the alternative averaging calculation method is the same as the method described in section 10 but, for the period beginning July 1, 2002 and ending on December 31, 2004, the period over which the pool average is calculated is July 1, 2002 to December 31, 2004, inclusive.

• (3) In the reports required under section 4 for the years 2002 and 2003 and where a primary supplier has elected under subsection (1) to use the alternative averaging calculation method and despite subparagraph 4(2)(c)(i), the primary supplier shall report the volume-weighted average concentration of sulphur in its gasoline in the report submitted under subsection 4(1) instead of its pool average for the period

  • (a) beginning July 1, 2002 and ending on December 31, 2002, in respect of the report for the year 2002; and

  • (b) beginning July 1, 2002 and ending on December 31, 2003 in respect of the report for the year 2003.

Record of Composition

12 A primary supplier shall maintain a record in Canada, for a period of five years after the day on which the record was made, for each batch in respect of which it made an election under section 9, that includes

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

• (b) the date or dates on which the primary supplier dispatched or imported the batch; and

• (c) the concentration of sulphur, the volume and the grade of the batch.

Auditor’s Reports

13 A primary supplier shall, for each refinery, blending facility and province of importation in respect of which it made an election under section 9,

• (a) have the records required under sections 5, 6 and 12 and the reports required under section 4 audited by an auditor; and

• (b) not later than May 31 of the year following the year in respect of which the audit was carried out, submit to the Minister a report, signed by the auditor, that contains

  • (i) the name and address of the primary supplier and registration number pertaining to that refinery, blending facility or province,

  • (ii) the name, address and qualifications of the auditor,

  • (iii) for each type of gasoline identified under section 5, the total volume of the gasoline and the number of batches dispatched or imported by the primary supplier,

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

  • (v) 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

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

PART 3Coming into Force

• 14 (1) These Regulations, except sections 2 to 8, section 10, subsections 11(2) and (3) and sections 12 and 13, come into force on May 1, 2002.

• (2) Sections 2 to 8, section 10, subsections 11(2) and (3) and sections 12 and 13 come into force on July 1, 2002.