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Fuel Charge Regulations

2018, c. 12, s. 187

GREENHOUSE GAS POLLUTION PRICING ACT

Registration 2018-06-21

Fuel Charge Regulations

[Enacted by section 187 of chapter 12 of the Statutes of Canada, 2018, in force on assent June 21, 2018.]

Interpretation

Marginal note:Definitions

 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)

eligible heating activity

eligible heating activity means the use of light fuel oil exclusively for providing heat to a home, building or similar structure but not for generating heat in an industrial process, including a commercial process that involves removing moisture from a good. (activité de chauffage 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

 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

 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

A × (100% − B)

where

A
is the number of litres that the fuel would occupy at 15°C; and
B
is the particular proportion.

Marginal note:Natural gas that contains hydrogen

  •  (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

 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

 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

 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; and

  • (f) April 1, 2024.

  • (g) [Repealed, SOR/2025-107, s. 2]

  • (h) [Repealed, SOR/2025-107, s. 2]

  • (i) [Repealed, SOR/2025-107, s. 2]

  • (j) [Repealed, SOR/2025-107, s. 2]

  • (k) [Repealed, SOR/2025-107, s. 2]

  • (l) [Repealed, SOR/2025-107, s. 2]

Marginal note:July 1, 2019 — Yukon and Nunavut

 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

 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

 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

PART 1.2Rates of Charge

Marginal note:Prescribed condition — rates after March 31, 2023

  •  (1) For the purposes of paragraph (b) of the definition rate in section 3 of the Act, the rate in respect of a type of fuel, or in respect of combustible waste, for a listed province at a particular time that is after March 31, 2023 is equal to the rate that is set out in whichever column of Table 5 in Schedule 2 to the Act is applicable for the period that includes the particular time and that is opposite that type of fuel or combustible waste, as the case may be, set out in column 2 of that Table.

  • Marginal note:Exception — Yukon and Nunavut

    (2) Despite subsection (1), for the purposes of paragraph (b) of the definition rate in section 3 of the Act, the rate in respect of a type of fuel for a listed province at a particular time that is after March 31, 2023 is equal to zero dollars per litre if

    • (a) the listed province is Yukon or Nunavut; and

    • (b) the type of fuel is aviation gasoline or aviation turbo fuel.

PART 2[Repealed, 2026, c. 2, s. 23]

 [Repealed, 2026, c. 2, s. 23]

PART 3[Repealed, 2026, c. 2, s. 24]

 [Repealed, 2026, c. 2, s. 24]

 [Repealed, 2026, c. 2, s. 24]

PART 4[Repealed, 2026, c. 2, s. 25]

 [Repealed, 2026, c. 2, s. 25]

PART 5[Repealed, 2026, c. 2, s. 27]

 [Repealed, 2026, c. 2, s. 26]

 [Repealed, 2026, c. 2, s. 26]

 [Repealed, 2026, c. 2, s. 26]

 [Repealed, 2026, c. 2, s. 26]

 [Repealed, 2026, c. 2, s. 27]

PART 6[Repealed, 2026, c. 2, s. 29]

 [Repealed, 2026, c. 2, s. 28]

 [Repealed, 2026, c. 2, s. 28]

 [Repealed, 2026, c. 2, s. 28]

 [Repealed, 2026, c. 2, s. 28]

 [Repealed, 2026, c. 2, s. 28]

 [Repealed, 2026, c. 2, s. 29]

PART 7Farmers

Marginal note:Travel between farms and cardlock facilities

 For the purposes of paragraph (c) of the definition eligible farming activity in section 3 of the Act, a prescribed activity is the operation of eligible farming machinery for the purposes of travelling between a farm and a cardlock facility to obtain qualifying farming fuel.

 [Repealed, 2026, c. 2, s. 30]

 [Repealed, 2026, c. 2, s. 31]

PART 8Annual Net Fuel Adjustment — Rail Carriers

Marginal note:Definition of specified year

 For the purposes of sections 33, 35, 40, 47 and 52 of the Act, as adapted by section 22, specified year means a period of 12 months beginning on April 1st.

Marginal note:Adaptation — timing of adjustment

 For the purposes of the fuel charge system,

  • (a) section 33 of the Act is adapted so that a reference to “calendar year” in that section is to be read as “specified year”;

  • (b) section 35 of the Act is adapted so that

    • (i) a reference to “calendar year” in that section is to be read as “specified year”, and

    • (ii) the reference to “June 30” in that section is to be read as “September 30”;

  • (c) paragraph (a) of the description of B in subsection 40(1) of the Act is adapted so that

    • (i) a reference to “calendar year” in that paragraph is to be read as “specified year”, and

    • (ii) the reference to “December 31” in that paragraph is to be read as “March 31”;

  • (d) section 47 of the Act is adapted so that

    • (i) the reference to “calendar year” in subsection (1) is to be read as “specified year”, and

    • (ii) the reference to “December 31 of the calendar year” in the description of B in subsection (2) is to be read as “March 31 of the specified year”; and

  • (e) paragraph 52(c) of the Act is adapted so that

    • (i) the reference to “calendar year” in the portion of that paragraph before subparagraph (i) is to be read as “specified year”, and

    • (ii) a reference to “June 30 of the year following the particular calendar year” in subparagraphs (i) and (ii) is to be read as “September 30 of the specified year following the particular specified year”.

PART 9[Repealed, 2026, c. 2, s. 33]

 [Repealed, 2026, c. 2, s. 33]

 [Repealed, 2026, c. 2, s. 33]

 [Repealed, 2026, c. 2, s. 33]

 [Repealed, 2026, c. 2, s. 33]

 [Repealed, 2026, c. 2, s. 33]

 [Repealed, 2026, c. 2, s. 32]

PART 10[Repealed, 2026, c. 2, s. 35]

 [Repealed, 2026, c. 2, s. 34]

 [Repealed, 2026, c. 2, s. 34]

 [Repealed, 2026, c. 2, s. 34]

 [Repealed, 2026, c. 2, s. 35]

PART 11Registration and Returns after March 2025

 [Repealed, 2026, c. 2, s. 36]

 [Repealed, 2026, c. 2, s. 36]

 [Repealed, 2026, c. 2, s. 36]

 [Repealed, 2026, c. 2, s. 36]

 [Repealed, 2026, c. 2, s. 36]

 [Repealed, 2026, c. 2, s. 36]

 [Repealed, 2026, c. 2, s. 36]

 [Repealed, 2026, c. 2, s. 36]

 [Repealed, 2026, c. 2, s. 36]

Marginal note:Registrations cancelled — November 1, 2025

 For the purposes of the application of the fuel charge system, despite any provision of Part 1 of the Act, every registration under Division 4 of that Part is cancelled on November 1, 2025.

Marginal note:No requirement to file

 For the purposes of subsection 69(4) of the Act, a reporting period of a person is a prescribed reporting period and a return for the reporting period is not required to be filed if

  • (a) the reporting period begins after March 2025; and

  • (b) it is the case that

    • (i) no charge becomes payable by the person in the reporting period, or

    • (ii) the amount of each charge that becomes payable by the person in the reporting period is equal to zero.

SCHEDULE

[Repealed, 2026, c. 2, s. 37]

RELATED PROVISIONS

  • — 2018, c. 12, s. 187(2)

  • — SOR/2023-62, s. 18(4)

      • 18 (4) Section 9 applies in respect of fuel that is removed from a listed province after August 9, 2022 if the fuel was delivered by a registered distributor after that date.

  • — SOR/2023-62, s. 18(7)

      • 18 (7) Section 15 applies in respect of combustible waste burned after August 9, 2022.

AMENDMENTS NOT IN FORCE

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