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Sulphur in Gasoline Regulations (SOR/99-236)

Regulations are current to 2021-05-04 and last amended on 2020-12-16. Previous Versions

PART 2Requirements Pertaining to a Pool Average (continued)

Temporary Sulphur Compliance Unit Trading System (continued)

Records

[
  • SOR/2020-277, s. 10
]

 A primary supplier who is participating in the trading system shall, for each of the years 2020 to 2025, maintain a record that contains the following information for each pool in respect of which they make an election under section 13:

  • (a) the pool average;

  • (b) the number of sulphur compliance units used to adjust the pool average; and

  • (c) the adjusted pool average, if any.

  • SOR/2015-187, s. 12
  • SOR/2020-277, s. 11

 A primary supplier who is participating in the trading system shall maintain a record that contains a copy of all supporting documents for the books and records referred to in sections 18 and 19.

  • SOR/2015-187, s. 12
  • SOR/2020-277, s. 12

Maintaining Books and Records

 The primary supplier shall maintain the books and records referred to in sections 18 to 20 in Canada until December 31, 2031.

  • SOR/2015-187, s. 12
  • SOR/2020-277, s. 12

PART 3Reports and Notices

[
  • SOR/2020-277, s. 13
]

 This Part does not apply to a primary supplier who, in total, produces and imports less than 400 m3 of gasoline on an annual basis.

  • SOR/2015-187, s. 12
  •  (1) A report or notice that is required to be submitted to the Minister under these Regulations shall be submitted electronically in the form and format specified by the Minister and 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 submit the report or notice electronically in accordance with subsection (1) because of circumstances beyond the control of the person sending the report, they shall submit it on paper, signed by an authorized official and in the form and format, if any, specified by the Minister. However, if no form and format have been specified, the report or notice may be in any form and format.

  • SOR/2015-187, s. 12
  • SOR/2020-277, s. 14
  •  (1) For each year in which a primary supplier produces or imports gasoline identified under subsection 5(1) or (2) as gasoline-like blendstock or low-sulphur gasoline, the primary supplier shall, for each refinery and blending facility at which they produced that gasoline and for gasoline that is imported, submit to the Minister a report that contains the information referred to in Schedule 1. However, a report is not required in respect of gasoline that is imported if the primary supplier has included all batches imported in the pool average for a refinery or blending facility in accordance with subsection 10(3).

  • (2) Every primary supplier shall submit to the Minister, as an annex to the report and for each batch of gasoline-like blendstock that was dispatched or imported during the period covered by the report, the information referred to in paragraphs 6(1)(a) to (e) and the actual volume of the batch dispatched or imported.

  • (3) The report shall be submitted on or before February 15 of the year after the year for which it is submitted.

  • (4) A record of analysis referred to in subsection 8(3) of the Benzene in Gasoline Regulations may be used for the purposes of submitting the information referred to in Schedule 1.

  • (5) Despite subsection (4), compliance with a requirement under section 2 shall be determined in accordance with the test methods referred to in subsection 3(2).

  • SOR/2015-187, s. 12
  •  (1) For each year in which a primary supplier participates in the trading system, they shall, for each pool in respect of which they make an election under section 13, submit to the Minister a report, no later than April 30 of the year after the year for which the report is submitted, that contains the information referred to in Schedule 2.

  • (2) [Repealed, SOR/2020-277, s. 15]

  • (3) A record of analysis referred to in subsection 8(3) of the Benzene in Gasoline Regulations may be used for the purposes of submitting the information referred to in Schedule 2.

  • (4) Despite subsection (3), compliance with a requirement under section 2 shall be determined in accordance with the test methods referred to in subsection 3(2).

  • SOR/2015-187, s. 12
  • SOR/2020-277, s. 15
  •  (1) A primary supplier shall, for each pool in respect of which they make an election under section 9, have the records required under sections 5, 6, 12, 18 and 19 and the reports required under subsections 24(1) and 25(1) audited by an auditor who is independent of the primary supplier and submit to the Minister a report that is signed and dated by the auditor and that contains the following information:

    • (a) the name and civic address of the primary supplier and the composition of the pool;

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

    • (c) 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;

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

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

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

  • (2) The primary supplier shall submit the auditor’s report

    • (a) in the case where the primary supplier is not participating in the trading system in respect of the pool for which the report is prepared, on or before May 31 of the year after the year in respect of which the audit is carried out; and

    • (b) in any other case, on or before June 30 of the year after the year in respect of which the audit is carried out.

  • (3) In this section, auditor means an individual or firm that is certified, for the purposes of carrying out International Organization for Standardization quality assurance (ISO 9000 or 14000 series) assessments, by the International Register of Certificated Auditors or any other nationally or internationally recognized accreditation organization.

  • SOR/2015-187, s. 12
 
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