Interpretation

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  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 diesel fuel with a single concentration of sulphur as measured in accordance with section 4. (lot)

  biodiesel fuel

  biodiesel fuel[Repealed, SOR/2012-135, s. 1]

  biomass-based diesel fuel

  biomass-based diesel fuel means a fuel that is composed of or derived from plant or animal oils or plant or animal fats and that is intended for use in diesel engines. (carburant diesel dérivé de la biomasse)

  diesel fuel

  diesel fuel means a fuel that can evaporate at atmospheric pressure, that boils within the range of 130ºC to 400ºC and that is for use in diesel engines or any fuel that is sold or represented as diesel fuel, as biomass-based diesel fuel or as a blend of biomass-based diesel fuel and diesel fuel. (carburant diesel)

  large stationary engine

  large stationary engine means a diesel engine, except for aircraft engines, locomotive engines, vessel engines, off-road engines and engines used to propel on-road vehicles, that has a per-cylinder displacement equal to or greater than 30 000 cm³. (gros moteur stationnaire)

  locomotive

  locomotive means a self-propelled vehicle that is designed to run on rails and for moving or propelling railway cars that are designed to carry freight or other equipment or passengers, but that itself is not designed to carry freight or other equipment or passengers (other than those operating the locomotive), but does not include equipment that is designed to run on both roads and rails, specialized railroad equipment for maintenance, construction, post-accident recovery of equipment and repairs or vehicles propelled by engines with rated horsepower of less than 750 kW. (locomotive)

  locomotive engine

  locomotive engine means a diesel engine installed in a locomotive to move or propel it or to provide auxiliary power. (moteur de locomotive)

  machine

  machine means anything, including a vehicle, a device, an appliance or an implement, powered by an engine. (machine)

  northern supply area

  northern supply area[Repealed, SOR/2012-135, s. 1]

  off-road engine

  off-road engine means a diesel engine, except for aircraft engines, locomotive engines, vessel engines and engines used to propel on-road vehicles, that is used or designed to be used

  • (a) by itself and that is designed and intended to be moved from one location of use to another; or

  • (b) in or on a machine that

    • (i) is designed and intended to be moved from one location of use to another,

    • (ii) is self-propelled,

    • (iii) serves a dual purpose by both propelling itself and performing another function, or

    • (iv) is designed to be propelled while performing its function. (moteur hors route)

  on-road vehicle

  on-road vehicle means a self-propelled vehicle designed for transporting persons, property, material or permanently or temporarily affixed apparatus on a common or public road, street, avenue, parkway or highway. (véhicule routier)

  scientific research

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

  small stationary engine

  small stationary engine means a diesel engine, except for aircraft engines, locomotive engines, vessel engines, off-road engines and engines used to propel on-road vehicles, that has a per-cylinder displacement of less than 30 000 cm³. (petit moteur stationnaire)

  vessel

  vessel means a boat, ship or craft that is designed, used or capable of being used for navigation in, on or through water but is not designed for self-propulsion out of water. (bateau)

  vessel engine

  vessel engine means a diesel engine that is installed on a vessel to move or propel the vessel through the water or to direct its movement or to provide auxiliary power. (moteur de bateau)

  vessel propelled by a large diesel engine

  vessel propelled by a large diesel engine means a vessel that is propelled by one or more diesel engines that have a per-cylinder displacement equal to or greater than 30 000 cm³. (bateau propulsé par un gros moteur diesel)

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

Application

• 2 (1) These Regulations do not apply to diesel fuel if

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

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

  • (c) the fuel is being imported for a use referred to in section 3, the fuel’s sulphur concentration exceeds the concentration referred to in that section and the fuel is accompanied by written evidence establishing that the fuel will meet the requirements of these Regulations before the fuel is used or sold; or

  • (d) the fuel is being imported in a fuel tank that supplies an off-road engine, a small stationary engine, a large stationary engine or the engine of a conveyance that is used for transportation by water, land or air.

• (2) These Regulations, except for section 1, subsections 5(4) to (7) and sections 5.2 and 6, do not apply in respect of diesel fuel for use in scientific research.

• 3 (1) For the purposes of section 139 of the Act and subject to subsection (2), the concentration of sulphur shall not exceed,

  • (a) in diesel fuel produced, imported or sold for use in on-road vehicles or off-road engines, 15 mg/kg;

  • (b) in diesel fuel produced or imported for use in locomotive engines or in vessel engines other than those installed on a vessel propelled by a large diesel engine, 15 mg/kg;

  • (c) in diesel fuel sold for use in locomotive engines, 500 mg/kg;

  • (d) in diesel fuel sold for use in vessel engines other than those installed on a vessel propelled by a large diesel engine, 500 mg/kg until May 31, 2014 and 15 mg/kg after May 31, 2014;

  • (e) in diesel fuel produced, imported or sold for use in vessel engines installed on a vessel propelled by a large diesel engine, 1000 mg/kg after May 31, 2014;

  • (f) in diesel fuel produced, imported or sold for use in small stationary engines, 15 mg/kg after May 31, 2014; and

  • (g) in diesel fuel produced, imported or sold for use in large stationary engines, 1000 mg/kg after May 31, 2014.

• (2) Paragraphs (1)(f) and (g) do not apply in respect of diesel fuel that is produced, imported or sold for use north of latitude 81°N.

4 The concentration of sulphur in diesel fuel referred to in section 3 shall be measured in accordance with the ASTM International method ASTM D5453-09, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence.

Reports

• 5 (1) Every person who produces or imports diesel fuel shall submit to the Minister a report, for each facility where the person produces diesel fuel and for each province into which the person imports diesel fuel, that contains the information set out in Schedule 1

  • (a) for each calendar quarter during which diesel fuel is produced or imported, within 45 days after the end of that quarter, until December 31, 2012; and

  • (b) for each calendar year during which diesel fuel is produced or imported, within 45 days after the end of that calendar year, after December 31, 2012.

• (2) For the purposes of the report referred to in subsection (1), the concentration of sulphur in diesel fuel shall be calculated using

  • (a) the method referred to in section 4; or

  • (b) a method equivalent to the one specified in paragraph (a) on the condition that the producer or importer sends to the Minister, by registered mail or courier at least 60 days before using the method, a description of the method and evidence that demonstrates that it provides results equivalent to those provided by the method specified in paragraph (a) and the equivalency of the method is validated in accordance with the following:

    • (i) if the equivalency is validated on or before the 60th day after the day on which this paragraph comes into force, the ASTM International standard ASTM D4855-97 (Reapproved 2002), Standard Practice for Comparing Test Methods, or the standard referred to in subparagraph (ii), and

    • (ii) if the equivalency is validated after the day referred to in subparagraph (i), the ASTM International standard ASTM D6708-08, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material.

• (3) For greater certainty, the method referred to in paragraph (2)(b) is to be used for reporting purposes only and shall not be used for the purpose of determining compliance with the concentration requirements referred to in section 3.

• (4) Every person who intends to produce or import diesel fuel shall submit to the Minister a report that contains the information set out in Schedule 2 no later than five days before the day on which the person produces or imports diesel fuel for the first time.

• (5) Subject to subsection (5.1), a person who has submitted a report under subsection (4) shall notify the Minister in writing of any change in the information in the report, except for changes regarding typical annual volumes or the authorized official, no later than five days after the change.

• (5.1) A person who submitted a report under subsection (4) before the coming into force of this subsection shall submit a new report no later than 60 days after the day on which this subsection comes into force if the diesel fuel is produced or imported for

  • (a) use in vessel engines other than those installed on a vessel propelled by a large diesel engine;

  • (b) use in vessel engines installed on a vessel propelled by a large diesel engine;

  • (c) use in small stationary engines;

  • (d) use in large stationary engines; or

  • (e) use in scientific research.

• (6) Each report referred to in subsections (1) and (4) and the notice referred to in subsection (5) shall be signed by an authorized official.

• (7) A copy of each report or notice that is required under this section shall be kept, for a period of five years after the report or notice is submitted to the Minister, at the production facility in Canada or at the importer’s principal place of business in Canada as identified in the information submitted under subsections (4), (5) and (5.1).

• 5.1 (1) Subject to subsection (4), every person who intends to import diesel fuel shall notify the Minister in writing, at least 12 hours before the time of importation, of their intention to import

  • (a) more than 100 m³ of diesel fuel at any one time; or

  • (b) more than 1000 m³ of diesel fuel into any one province within any one day.

• (2) The notice required by subsection (1) shall include

  • (a) the name and civic address of the importer;

  • (b) a statement indicating whether the diesel fuel is intended for

    • (i) use in vessel engines installed on a vessel propelled by a large diesel engine,

    • (ii) use in large stationary engines,

    • (iii) use in scientific research, or

    • (iv) any other use, if known;

  • (c) the volume of diesel fuel that is to be imported;

  • (d) the point of entry of the diesel fuel into Canada and the estimated date and time of its entry into Canada;

  • (e) the civic address of the first storage facility or refuelling facility to which the diesel fuel 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 for the imported volume of diesel fuel can be made.

• (3) Every person who imports diesel fuel — other than by pipeline — shall ensure that the diesel fuel is accompanied, from the point of entry into Canada to the point of final delivery, by a record that indicates

  • (a) the name and civic address of the importer;

  • (b) the name and civic address of the person to whom the diesel fuel is to be sold or the ownership is to be transferred;

  • (c) the civic address of the first storage facility or refuelling facility to which the diesel fuel is to be delivered;

  • (d) the volume of the diesel fuel; and

  • (e) whether the diesel fuel is intended for use in scientific research, large stationary engines, vessel engines installed on a vessel propelled by a large diesel engine, or, if known, any other use.

• (4) No notice is required if the diesel fuel is imported for use north of latitude 81°N.

• 5.2 (1) A report or notice that is required under these Regulations shall be sent electronically in the form and format specified by the Minister and shall 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 report or notice electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the report or notice shall be sent on paper, be signed by an authorized official and be in the form and format specified by the Minister. However, if no form and format have been so specified, the report or notice may be in any form and format.

Records

• 6 (1) Every person who produces or imports diesel fuel shall keep a record of each batch of diesel fuel produced or imported that indicates the volume of the batch, its date of dispatch or importation and whether the concentration of sulphur of the batch is

  • (a) greater than 15 mg/kg but less than or equal to 1000 mg/kg; or

  • (b) greater than 1000 mg/kg.

• (2) Every person who produces or imports diesel fuel with a concentration of sulphur greater than 15 mg/kg shall, before the dispatch of a batch of that fuel from the production facility or the importation of a batch of that fuel, indicate in a record the date of the dispatch or importation of the batch and

  • (a) if the dispatch or importation takes place on or before May 31, 2014, include the statement: “not suitable for use in on-road vehicles, off-road engines, locomotive engines or vessel engines other than those installed on a vessel propelled by a large diesel engine”; or

  • (b) if the dispatch or importation takes place after May 31, 2014, include the statement: “not suitable for use in on-road vehicles, off-road engines, locomotive engines, small stationary engines or vessel engines other than those installed on a vessel propelled by a large diesel engine”.

• (3) Every record made in accordance with subsection (2) shall be kept, for a period of five years after it is made, at the production facility in Canada or at the importer’s principal place of business in Canada as identified in the information submitted under subsections 5(4), (5) and (5.1).

Repeal

7 [Repeal]

Coming into Force

8 These Regulations come into force on January 1, 2003.