Fuel Charge Regulations (2018, c. 12, s. 187)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Greenhouse Gas Pollution Pricing Act. (Loi)

bio-aviation fuel

bio-aviation fuel means a particular substance

• (a) that is derived entirely from biological matter available on a renewable or recurring basis;

• (b) that may contain water if the proportion of the water does not exceed 1% of the particular substance;

• (c) that may contain other substances, materials or things that are not described in paragraph (a) or (b) if the combined proportion of those other substances, materials or things does not exceed 6% of the particular substance; and

• (d) that is suitable for generating power by means of an aircraft engine when used

  • (i) on its own,

  • (ii) after being blended with aviation gasoline or aviation turbo fuel,

  • (iii) after being blended with an aviation gasoline-like blendstock to produce aviation gasoline, or

  • (iv) after being blended with an aviation turbo fuel-like blendstock to produce aviation turbo fuel. (bio-carburant d’aviation)

eligible greenhouse

eligible greenhouse means a greenhouse all or substantially all of which is used for the growing of vegetables, fruits, bedding plants, flowers, ornamental plants, tree seedlings, medicinal plants or other plants. (serre admissible)

eligible greenhouse activity

eligible greenhouse activity means the use of a qualifying greenhouse fuel to heat an eligible greenhouse or to supplement carbon dioxide in an eligible greenhouse in order to grow or produce plants. (activité de serre admissible)

export

export means export from Canada. (exportation)

fuel charge system

fuel charge system has the same meaning as in subsection 168(1) of the Act. (régime de redevance sur les combustibles)

greenhouse operator

greenhouse operator means a person that carries on a business of growing vegetables, fruits, bedding plants, flowers, ornamental plants, tree seedlings, medicinal plants or other plants in eligible greenhouses with a reasonable expectation of profit. (exploitant de serre)

main electrical network

main electrical network means a network for the distribution of electricity that is subject to the standards of the North American Electric Reliability Corporation. (réseau électrique principal)

qualifying greenhouse fuel

qualifying greenhouse fuel means a type of fuel that is marketable natural gas or propane. (combustible de serre admissible)

qualifying power plant fuel

qualifying power plant fuel means a type of fuel that is light fuel oil or marketable natural gas. (combustible de centrale électrique admissible)

remote community

remote community means a geographic area that is not serviced by a main electrical network and that is not serviced by a distribution system. (collectivité éloignée)

remote power plant

remote power plant means a power plant that

• (a) generates electricity for general distribution to the public in a remote community;

• (b) is not connected to a main electrical network; and

• (c) is not connected to a distribution system. (centrale électrique éloignée)

remote power plant operator

remote power plant operator means a person that operates a remote power plant. (exploitant de centrale électrique éloignée)

Marginal note:Definition of marketable natural gas

1.1 For the purposes of the fuel charge system, the definition marketable natural gas in section 3 of the Act is modified as follows:

marketable natural gas

marketable natural gas means natural gas that meets the specifications for pipeline transport and sale for general distribution to the public. (gaz naturel commercialisable)

Application

Marginal note:Aviation fuel that contains bio-aviation fuel

1.2 For the purposes of subsection 8(8) of the Act, if a quantity of fuel that is aviation gasoline or aviation turbo fuel contains a particular proportion of bio-aviation fuel (expressed as a percentage), for the purposes of Part 1 of the Act, the quantity of the fuel is deemed to be the number of litres determined by the formula

Marginal note:Natural gas that contains hydrogen

• 1.3 (1) For the purposes of subsection 8(8) of the Act, if a quantity of fuel that is marketable natural gas or non-marketable natural gas contains a particular proportion of hydrogen (expressed as a percentage), for the purposes of Part 1 of the Act, the quantity of the fuel is deemed to be the number of cubic metres determined by the formula

  A × (100% − B)

  where

  A

  is the number of cubic metres that the fuel would occupy at 15°C and 101.325 kPa; and

  B

  is the particular proportion.

• Marginal note:Natural gas that contains hydrogen and biomethane

  (2) Despite subsection (1) and subsection 8(7) of the Act, for the purposes of subsection 8(8) of the Act, if a quantity of fuel that is marketable natural gas or non-marketable natural gas contains a particular combined proportion of hydrogen and biomethane (expressed as a percentage), for the purposes of Part 1 of the Act, the quantity of the fuel is deemed to be the number of cubic metres determined by the formula

  A × (100% − B)

  where

  A

  is the number of cubic metres that the fuel would occupy at 15°C and 101.325 kPa; and

  B

  is the particular combined proportion.

PART 1Interest Rate

Marginal note:Definitions

2 The following definitions apply in this Part.

basic rate

basic rate, in respect of a particular quarter, means the rate that is the simple arithmetic mean, expressed as a percentage per year and rounded to the next higher whole percentage if the mean is not a whole percentage, of all amounts each of which is the average equivalent yield, expressed as a percentage per year, of Government of Canada Treasury Bills that mature approximately three months after their date of issue and that are sold at auctions of Government of Canada Treasury Bills during the first month of the quarter preceding the particular quarter. (taux de base)

quarter

quarter means any period of three consecutive months beginning on January 1, April 1, July 1 or October 1. (trimestre)

Marginal note:Prescribed rates of interest

3 For the purposes of Part 1 of the Act, the prescribed rate of interest in effect during a particular quarter is

• (a) in the case of interest to be paid to the Receiver General, the sum of the basic rate in respect of the particular quarter and 4%;

• (b) in the case of interest to be paid or applied on an amount payable by the Minister to a person (other than a corporation), the sum of the basic rate in respect of the particular quarter and 2%;

• (c) in the case of interest to be paid or applied on an amount payable by the Minister to a corporation, the basic rate in respect of the particular quarter; and

• (d) in any other case, the sum of the basic rate in respect of the particular quarter and 4%.

PART 1.1Adjustment Day

Marginal note:Adjustment day

3.1 For the purposes of the definition adjustment day in section 3 of the Act, the following days are prescribed:

• (a) July 1, 2019;

• (a.1) January 1, 2020;

• (b) April 1, 2020;

• (c) April 1, 2021;

• (d) April 1, 2022;

• (e) April 1, 2023;

• (e.1) July 1, 2023;

• (f) April 1, 2024;

• (g) April 1, 2025;

• (h) April 1, 2026;

• (i) April 1, 2027;

• (j) April 1, 2028;

• (k) April 1, 2029; and

• (l) April 1, 2030.

Marginal note:July 1, 2019 — Yukon and Nunavut

3.2 Except if section 10 or 16 applies, for the purposes of the fuel charge system and of applying subsection 38(1) of the Act in respect of the adjustment day that is July 1, 2019, paragraph (a) of the description of B in that subsection is adapted as follows:

• (a) if the listed province is Yukon or Nunavut, zero, and

Marginal note:January 1, 2020 — Alberta

3.3 Except if section 10 or 16 applies, for the purposes of the fuel charge system and applying subsection 38(1) of the Act in respect of the adjustment day that is January 1, 2020, paragraph (a) of the description of B in that subsection is adapted as follows:

• (a) if the listed province is Alberta, zero, and

Marginal note:July 1, 2023 — Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador

3.31 Except if section 10 or 16 applies, for the purposes of the fuel charge system and applying subsection 38(1) of the Act in respect of the adjustment day that is July 1, 2023, paragraph (a) of the description of B in that subsection is adapted as follows:

• (a) if the listed province is Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador, zero, and