SOR/2002-25420027

200510

202211

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Sulphur in Diesel Fuel RegulationsP.C.2002-123220027

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999a, the Minister of the Environment published in the Canada Gazette, Part I, on December 22, 2001, a copy of the proposed Sulphur in Diesel Fuel Regulations, substantially in the form set out in the annexed Regulations, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;aS.C. 1999, c. 33And whereas the Governor in Council is of the opinion that the proposed Regulations could make a significant contribution to the prevention of, or reduction in, air pollution;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to sections 140 and 330 of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Sulphur in Diesel Fuel Regulations.Interpretation

1(1)The following definitions apply in these Regulations.Act means the Canadian Environmental Protection Act, 1999. (Loi)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 means an identifiable quantity of diesel fuel with a single concentration of sulphur as measured in accordance with section 4. (lot)biodiesel fuel[Repealed, SOR/2012-135, s. 1]biomass-based diesel fuel means a fuel that is composed of or derived from plant or animal oils or plant or animal fats and that is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 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 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 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 means a diesel engine installed in a locomotive to move or propel it or to provide auxiliary power. (moteur de locomotive)machine means anything, including a vehicle, a device, an appliance or an implement, powered by an engine. (machine)northern supply area[Repealed, SOR/2012-135, s. 1]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 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 does not include research into the preferences of consumers for differing properties of diesel fuel or marketing research. (recherche scientifique)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 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 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 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.SOR/2005-305, s. 1; SOR/2012-135, s. 1; SOR/2017-110, s. 11(F)

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.SOR/2005-305, s. 2; SOR/2012-135, s. 2

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.SOR/2005-305, s. 3; SOR/2006-163, s. 1; SOR/2012-135, s. 2

4The concentration of sulphur in diesel fuel referred to in section 3 shall be measured in accordance with the ASTM International method ASTM D5453-16, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence.SOR/2005-305, s. 4; SOR/2012-135, s. 2; SOR/2017-110, s. 12

Reports

5(1)Every person who produces or imports diesel fuel shall, for each calendar year during which diesel fuel is produced or imported, submit to the Minister, within 45 days after the end of that calendar year, a report that contains the information referred to in Schedule 1 for each facility where the person produces diesel fuel and for each province into which the person imports diesel fuel.(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, at least 60 days before using the method, a description of the method together with evidence that demonstrates that the method provides results equivalent to those provided by the method specified in paragraph (a) and that equivalency of the chosen method has been validated in accordance with ASTM International standard ASTM D6708-16, 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)[Repealed, SOR/2017-110, s. 13](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).SOR/2005-305, s. 5; SOR/2012-135, s. 3; SOR/2017-110, s. 13

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, or(iii)use in scientific research;(iv)[Repealed, SOR/2017-110, s. 14](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 or vessel engines installed on a vessel propelled by a large diesel engine.(4)No notice is required if the diesel fuel is imported for use north of latitude 81°N.SOR/2012-135, s. 4; SOR/2017-110, s. 14

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 control of the person sending the report or notice, they shall send it on paper, signed by an authorized official and 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.(3)Despite subsections (1) and (2), the notice required under subsection 5.1(1) is not required to be signed by an authorized official.SOR/2012-135, s. 4; SOR/2017-110, s. 15

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 record made in accordance with subsection (1) 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).(3)[Repealed, SOR/2017-110, s. 16]SOR/2005-305, s. 6; SOR/2012-135, s. 5; SOR/2017-110, s. 16

Repeal

7[Repeal]

Coming into Force

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

SCHEDULE 1(Subsection 5(1))Report of Sulphur Concentration in Diesel Fuel1Calendar year 2Name of producer or importer3Name of the facility in Canada at which the diesel fuel is produced or the province into which it is imported4Civic address (and mailing address if different) of the facility in Canada at which the diesel fuel is produced or of the importer’s principal place of business in Canada5Provide the required information for each type of fuel, indicating the volume of diesel fuel in m³ and the sulphur concentration in mg/kg, in the following table:TABLEColumn 1Column 2ItemRequired InformationDiesel Fuel1Diesel fuel with a sulphur concentration that is less than or equal to 15 mg/kg(a)volume of diesel fuel(b)highest sulphur concentration(c)lowest sulphur concentration(d)volume-weighted average sulphur concentration(e)method used (for reporting purposes) to measure sulphur concentration2Diesel fuel with a sulphur concentration that is greater than 15 mg/kg but less than or equal to 1000 mg/kg(a)volume of diesel fuel(b)highest sulphur concentration(c)lowest sulphur concentration(d)volume-weighted average sulphur concentration(e)method used (for reporting purposes) to measure sulphur concentration3Diesel fuel with a sulphur concentration that is greater than 1000 mg/kg(a)volume of diesel fuel(b)highest sulphur concentration(c)lowest sulphur concentration(d)volume-weighted average sulphur concentration(e)method used (for reporting purposes) to measure sulphur concentration

6Authorized officialName Title Signature and date Telephone number () Fax number () SOR/2005-305, ss. 7 to 9; SOR/2012-135, s. 6; SOR/2017-110, s. 17SCHEDULE 2(Subsection 5(4))Producers or Importers of Diesel Fuel — Required Information1Name of producer or importer 2Civic address (and mailing address if different) of producer or importer 3Registration number(s), if any were provided by the Minister under section 7 of the Benzene in Gasoline Regulations4Indicate if one or more of the following apply:(a)producer in Canada of diesel fuel for[ ]use in on-road vehicles[ ]use in off-road engines[ ]use in vessel engines other than those installed on a vessel propelled by a large diesel engine[ ]use in vessel engines installed on a vessel propelled by a large diesel engine[ ]use in small stationary engines[ ]use in large stationary engines[ ]use in locomotive engines[ ]use in scientific research[ ]any other use (specify) (b)importer of diesel fuel for[ ]use in on-road vehicles[ ]use in off-road engines[ ]use in vessel engines other than those installed on a vessel propelled by a large diesel engine[ ]use in vessel engines installed on a vessel propelled by a large diesel engine[ ]use in small stationary engines[ ]use in large stationary engines[ ]use in locomotive engines[ ]use in scientific research[ ]any other use (specify) 5For each facility in Canada at which diesel fuel is produced(a)indicate the name and civic address (and mailing address if different) of the facility(b)indicate the typical annual volume in m³ of diesel fuel produced for each intended use, according to fuel type, in the following table:TABLEColumn 1Column 2ItemIntended UseDiesel Fuel1Use in on-road vehicles2Use in off-road engines3Use in vessel engines other than those installed on a vessel propelled by a large diesel engine4Use in vessel engines installed on a vessel propelled by a large diesel engine5Use in small stationary engines6Use in large stationary engines7Use in locomotive engines8Use in scientific research9Any other use (specify)

6For importers(a)indicate the civic address (and mailing address if different) of the principal place of business in Canada(b)indicate each usual point of entry into Canada, the province in which the point of entry is located, and the usual mode of importation for the point of entry (e.g. vessel, rail, truck, pipeline)(c)indicate, for each usual point of entry into Canada, the typical annual volume in m³ of diesel fuel imported for each intended use, according to fuel type, in the following table:TABLEColumn 1Column 2ItemIntended UseDiesel Fuel1Use in on-road vehicles2Use in off-road engines3Use in vessel engines other than those installed on a vessel propelled by a large diesel engine4Use in vessel engines installed on a vessel propelled by a large diesel engine5Use in small stationary engines6Use in large stationary engines7Use in locomotive engines8Use in scientific research9Any other use (specify)

7Authorized officialName Title Signature and date Telephone number () Fax number () SOR/2005-305, ss. 10 to 12; SOR/2012-135, s. 6; SOR/2017-110, s. 18