Sulphur in Diesel Fuel Regulations

5 (1) Every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, 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) quarterly for each calendar quarter during which diesel fuel is produced or imported, within 45 days after the end of each quarter until December 31, 2014; and

• (b) annually for each calendar year during which diesel fuel is produced or imported within 45 days after the end of each calendar year after December 31, 2014.

(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) an equivalent method to the one specified in paragraph (a) on the condition that

  • (i) the equivalency of the method be validated in accordance with the American Society of Testing and Materials method ASTM D 4855-97 (Reapproved 2002), Standard Practice for Comparing Test Methods, and

  • (ii) the producer or importer proposing to use the method 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).

(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 produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, 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 2

• (a) within 60 days after January 1, 2006, if a report containing the information set out in Schedule 2, as it read before January 1, 2006, was submitted before that date; and

• (b) in any other case, by the later of

  • (i) 60 days after January 1, 2006, and

  • (ii) 15 days before the day on which the person produces or imports diesel fuel for the first time.

(5) The person identified in subsection (4) shall notify the Minister in writing of any change in the information in the report submitted under that subsection, except for changes in the information on typical annual volumes, no more than five days after the change.

(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 referred to in subsections (1) and (4) and of the notice referred to in subsection (5) shall be maintained, for a period of five years after the report is signed, at the production facility in Canada or at the place of business of the importer in Canada as identified in the information submitted under subsections (4) and (5).