Sulphur in Diesel Fuel Regulations

6 (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 keep a record of each batch of diesel fuel produced or imported that indicates the volume of the batch and

• (a) whether the concentration of sulphur of the batch exceeded 500 mg/kg; and

• (b) after May 31, 2006, whether the concentration of sulphur of the batch exceeded 15 mg/kg.

(2) Subject to subsection (4), every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, with a concentration of sulphur exceeding 500 mg/kg from January 1, 2006 until May 31, 2006 and 15 mg/kg from June 1, 2006 until May 31, 2010 shall, prior to the dispatch of that fuel from the production facility or the importation of that fuel, identify in a record any batch to be dispatched or imported as “not suitable for use in on-road vehicles”, along with the date of dispatch or importation of the batch.

(3) Subject to subsection (4), every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, with a concentration of sulphur exceeding 15 mg/kg from June 1, 2010 until May 31, 2012 shall, prior to the dispatch of that fuel from the production facility or the importation of that fuel, identify in a record any batch to be dispatched or imported as “not suitable for use in on-road vehicles or off-road engines”, along with the date of dispatch or importation of the batch.

(4) Every person who produces or imports diesel fuel, other than diesel fuel imported in a fuel tank that supplies an off-road engine, with a concentration of sulphur exceeding 500 mg/kg from June 1, 2007 until May 31, 2012 and 15 mg/kg after May 31, 2012 shall, prior to the dispatch of that fuel from the production facility or the importation of that fuel, identify in a record any batch to be dispatched or imported as “not suitable for use in onroad vehicles, off-road engines, locomotive engines or vessel engines”, along with the date of dispatch or importation of the batch.

(5) Every record made in accordance with subsections (1) to (4) shall be maintained, for a period of five years after the record is made, at the production facility in Canada or place of business of the importer in Canada as identified in the information submitted under subsections 5(4) and (5).