Sulphur in Gasoline Regulations

9 (1) A primary supplier may, in respect of a pool, elect to calculate the concentration of sulphur in gasoline that is in the pool on the basis of a pool average by submitting to the Minister a notice of the election within the period specified in subsection (2.1) or (2.2).

(1.1) A pool shall be composed of one of the following:

• (a) gasoline that is produced at a particular refinery;

• (b) gasoline that is produced at a particular blending facility;

• (c) gasoline that is imported.

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

• (a) specify the pool to which the election applies;

• (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); and

• (c) if the primary supplier intends to adjust the recorded concentration of sulphur of a batch of gasoline in accordance with subsection 10(6), describe the techniques that the primary supplier will use to construct and evidence that adjustment and the sulphur concentration and volume of the sulphur-limited oxygenate or sulphur-limited butane added to the batch, including

  • (i) the name and civic address of each facility at which the sulphur-limited oxygenate or sulphur-limited butane will be added,

  • (ii) the method by which, and the location at which, the primary supplier will determine the sulphur concentration of the sulphur-limited oxygenate or sulphur-limited butane,

  • (iii) the method by which the primary supplier will determine the volume of the sulphur-limited oxygenate or sulphur-limited butane,

  • (iv) the method by which the primary supplier will adjust the sulphur concentration of each batch,

  • (v) the method by which the primary supplier will keep the record required under paragraph 12(d), and

  • (vi) the location in Canada where the primary supplier will keep the records.

(2.1) The notice shall be submitted to the Minister

• (a) in the case where the primary supplier is, for the first time, producing or importing gasoline, no later than 60 days before the first day on which the gasoline is produced or imported; and

• (b) in any other case, no later than November 1 of the year before the first year in respect of which the calculation will be made on the basis of a pool average.

(2.2) Despite subsection (2.1), if the year in respect of which the calculation will be made on the basis of a pool average is the year 2020, the notice shall be submitted to the Minister no later than 30 days after the day on which this subsection comes into force.

(3) At least 45 days before the day on which any change that affects information referred to in subsection (2) is implemented, the 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) [Repealed, SOR/2020-277, s. 4]