Clean Fuel Regulations (SOR/2022-140)

Recording and Retention of Information

Marginal note:When records are made

165 Except as otherwise provided in these Regulations, any person who is required to record information must record it within 30 days after the day on which it becomes available.

Marginal note:Retention of information

• 166 (1) A person who is required by these Regulations to record information or keep it up to date, submit a report or plan or send a notice must retain a record of the information or copy of the report, plan or notice, as the case may be, as well as any supporting documents, for a period of 10 years after the day on which the information is recorded or updated, the report or plan is submitted or the notice is sent, as the case may be.

• Marginal note:Verification or certification body

  (2) A verification body or certification body must, in accordance with the Methods for Verification and Certification, retain the books and records that they have verified or certified, or a copy of those books and records, for a period of 10 years after the day on which they are verified or certified.

• Marginal note:Emission-reduction projects

  (3) A person who is required to retain any information and documents, including reports, plans, notices and supporting documents, that relate to a CO₂e-emission-reduction project referred to in paragraph 19(1)(a) or 20(a) must retain the information and documents for a period of 10 years after the day on which the carrying out of the project ceases to create compliance credits.

• Marginal note:Location of records

  (4) A foreign supplier, primary supplier, carbon-intensity contributor or registered creator who is required under subsection (1) or (3) to retain any information or documents, including supporting documents, must keep the information and documents at their principal place of business in Canada or at another place in Canada where they may be inspected, in which case the foreign supplier, primary supplier, carbon-intensity contributor or registered creator must provide the Minister with the civic address of that other place.

• Marginal note:Exception

  (5) Despite subsection (4), a registered creator who carries out a CO₂e-emission-reduction project outside Canada or a foreign supplier or carbon-intensity contributor who is outside Canada may keep the information and documents referred to in that subsection at their principal place of business outside Canada, in which case they must provide the Minister with the civic address of that place.

Marginal note:Records related to compliance units

• 167 (1) A primary supplier who, on December 31, 2022, is required by section 38 of the Renewable Fuels Regulations to keep a record, a copy of a report or notice or a supporting document that is related to a gasoline compliance unit referred to in subsection 169(1) of these Regulations or a distillate compliance unit referred to in subsection 170(1) of these Regulations must keep those documents until March 31, 2033.

• Marginal note:Other records

  (2) A primary supplier who, on December 31, 2023, is required by section 38 of the Renewable Fuels Regulations to keep a record, a copy of a report or notice or a supporting document, other than one referred to in subsection (1), must keep those documents for 10 years after the day on which they make the record or submit or send the report or notice, as the case may be.

• Marginal note:Location of records

  (3) A primary supplier who is required under subsection (1) or (2) to keep any records, copies or supporting documents must keep them at their principal place of business in Canada, or at another place in Canada where they may be inspected, in which case the primary supplier must provide the Minister with the civic address of that other place.

Marginal note:Information requested by Minister

168 A person who is required to record any information must, on the Minister’s request, provide a copy of the record to the Minister.

Transitional Provisions

Marginal note:Gasoline compliance units

• 169 (1) If, on April 30, 2024, a primary supplier owns gasoline compliance units under the Renewable Fuels Regulations, the number of compliance credits that is determined by the following formula must be deposited into their account that was opened under paragraph 28(a) of these Regulations:

  CI_diff × (GCU × D) × 10^-9

  where

  CI_diff

  is the difference between 59 g/MJ and the reference carbon intensity for the liquid class, as set out in item 1, column 2, of Schedule 1 to these Regulations;

  GCU

  is the number of gasoline compliance units that the primary supplier owned at the end of the trading period established by the Renewable Fuels Regulations for the 2022 compliance period; and

  D

  is 23 419 MJ/m³.

• Marginal note:Volumetric requirement

  (2) For the purposes of subsection 12(1), each compliance credit deposited under subsection (1) is deemed to have been created under paragraph 19(1)(b) or (c) by producing in Canada or importing into Canada an equivalent volume of low-carbon-intensity fuel that is ethanol.

Marginal note:Distillate compliance units

• 170 (1) If, on April 30, 2024, a primary supplier owns distillate compliance units under the Renewable Fuels Regulations, the number of compliance credits that is determined by the following formula must be deposited into their account that was opened under paragraph 28(a) of these Regulations:

  CI_diff × (DCU × D) × 10^-9

  where

  CI_diff

  is the difference between 35 g/MJ and the reference carbon intensity for the liquid class, as set out in item 1, column 2, of Schedule 1 to these Regulations;

  DCU

  is the number of distillate compliance units that the primary supplier owned at the end of the trading period established by the Renewable Fuels Regulations for the 2022 compliance period; and

  D

  is 35 057 MJ/m³.

• Marginal note:Volumetric requirement

  (2) For the purposes of subsection12(2), each compliance credit deposited under subsection (1) is deemed to have been created under paragraph 19(1)(b) or (c) by producing in Canada or importing into Canada an equivalent volume of a diesel replacement.

Marginal note:Request for deposit of credits

171 A primary supplier may request the deposit of compliance credits into their account in accordance with section 169 or 170 of these Regulations by providing a form to the Minister, no later than April 30, 2024, that is signed by their authorized agent and contains the following information:

• (a) the number of gasoline compliance units that the primary supplier owned at the end of the trading period established by the Renewable Fuels Regulations for the 2022 compliance period;

• (b) the number of distillate compliance units that the primary supplier owned at the end of the trading period established by the Renewable Fuels Regulations for the 2022 compliance period; and

• (c) the number of compliance credits that will be deposited into their account that was opened under paragraph 28(a) of these Regulations.

Consequential Amendments

Renewable Fuels Regulations

172 [Amendments]

Environmental Violations Administrative Monetary Penalties Regulations

173 [Amendments]

174 [Amendments]

Repeal

Marginal note:Repeal

175 The Renewable Fuels RegulationsFootnote ³ are repealed.

• Return to footnote ³SOR/2010-189

Coming into Force

Marginal note:Registration

• 176 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

• Marginal note:September 30, 2024

  (2) Sections 173 and 175 come into force on September 30, 2024.