Sulphur in Gasoline Regulations

10 (1) Subject to subsections (2) to (4) and section 11, a primary supplier shall calculate a pool average for each refinery, blending facility and province of importation, and for each combination thereof, in respect of which it elected under section 9, for all gasoline identified as low-sulphur gasoline under section 5.

(2) In calculating a pool average, a primary supplier shall exclude all batches of low-sulphur gasoline that were exported by the primary supplier or an affiliate of the primary supplier.

(3) Where a primary supplier imports and delivers a batch of low-sulphur gasoline to a refinery or a blending facility, the primary supplier may include that batch in the pool average for the refinery or blending facility if the batch is excluded from the pool average for the province of importation.

(4) Where a primary supplier dispatches from a refinery and delivers, or imports and delivers, gasoline-like blendstock to a blending facility where it is blended to produce a batch of low-sulphur gasoline, the primary supplier may include that batch in the pool average for the refinery or province of importation, as the case may be, if

• (a) the primary supplier owns the gasoline-like blendstock; and

• (b) the gasoline-like blendstock is segregated from all other batches of gasoline stored at the blending facility.

(5) Where a primary supplier dispatches from a refinery or imports a batch of low-sulphur gasoline that is subsequently mixed with a sulphur-limited oxygenate or sulphur-limited butane in a facility, the primary supplier may adjust the recorded concentration of sulphur of the batch to reflect the addition of the sulphur-limited oxygenate or the sulphur-limited butane, and may use the adjusted recorded concentration, instead of the measured concentration for that batch, in calculating the pool average for the refinery or province of importation, as the case may be, if

• (a) the primary supplier owns the batch; and

• (b) where the facility is not a mobile facility, the primary supplier’s refinery or source of importation is the facility’s sole source of gasoline.