Sulphur in Gasoline Regulations

9 (1) A primary supplier may elect to calculate the concentration of sulphur in gasoline on the basis of a single pool average for

• (a) gasoline produced at a particular refinery or blending facility or imported into a particular province,

• (b) gasoline produced at two or more refineries and blending facilities that are located in the same province, if their combined annual production is not more than 12 000 m³,

• (c) gasoline imported into a province and gasoline produced at one or more refineries or blending facilities that are located in that province, if the total amount produced and imported annually is not more than 12 000 m³,

by notifying the Minister to that effect at least 60 days before the start of the first year in respect of which the calculation will be made on that basis.

(2) Notice of an election under subsection (1) shall

• (a) specify the refinery, blending facility or province of importation, or the combination of them, to which the election applies; and

• (b) describe the techniques that the primary supplier will use to construct and evidence the pool average, including

  • (i) the location at its facilities where, the manner in which, and the frequency with which, the primary supplier will collect samples,

  • (ii) the location at which the primary supplier will determine the sulphur concentration of batches,

  • (iii) the method by which the primary supplier will determine the volume of batches,

  • (iv) the method by which the primary supplier will make and maintain the records,

  • (v) the location in Canada where the primary supplier will keep the samples and records, and

  • (vi) how subparagraphs (i) to (v) will be applied to any batch referred to in any of subsections 10(3) to (5).

(3) At least 45 days prior to implementation of any change that affects information provided under subsection (1), a primary supplier shall submit a notice containing the updated information to the Minister.

(4) A primary supplier may withdraw an election made under subsection (1) by submitting to the Minister a notice to that effect at least 60 days before the end of the last year to which the election applies.

(5) All notices submitted under this section shall be signed by an authorized official and sent by registered mail or courier.