Part 2: Requirements Pertaining to a System of Tradeable Compliance Units

Please note that this document is for the purpose of consultation only. The requirements and wording of the final regulations are subject to change.

13. (1) A person, other than a primary supplier, who

• (i) blends renewable fuel with liquid petroleum fuel,
• (ii) produces a liquid petroleum fuel, other than gasoline, diesel fuel and heating distillate oil, by using bio-crude as a feedstock, or
• (iii) imports a liquid petroleum fuel, other than gasoline, diesel fuel and heating distillate oil, that contains a renewable fuel,

may elect to participate in the trading system upon the condition that they notify the Minister at least 1 day before they first create a compliance unit.

(2) The notification under subsection (1) shall be sent by courier or registered mail and contain

• (a) the name and civic address of the person;
• (b) the name, civic address and telephone number of the authorized official of that person;
• (c) the name and telephone number of a contact person, if different from the authorized official;
• (d) for each facility at which blending of renewable fuel with a liquid petroleum fuel occurs and the primary supplier owns the resulting blended fuel,
  • (i) the civic address and name, if any, of the facility, and
  • (ii) for each type of petroleum fuel with which a renewable fuel is blended by the person at the facility,
    • (A) the volume if known, of the petroleum fuel with which renewable fuel was blended in the year preceding the year of this report,
    • (B) the volume if known, of the renewable fuel blended in the year preceding the year of this report, and
    • (C) the type of renewable fuel, and, if known, the renewable fuel feedstock type used to produce the renewable fuel;
• (e) for each facility at which bio-crude is used by the person as feedstock to produce liquid fuel,
  • (i) the civic address and name, if any, of the facility, and
  • (ii) for each type of bio-crude used by the person as a feedstock at the facility,
    • (A) the renewable fuel feedstock type used to produce the bio-crude, and
    • (B) the volume, if known, of bio-crude used as a feedstock at the facility in the year preceding the year of this report;
• (f) for each province into which the person may import liquid petroleum fuel containing a renewable fuel and for each type of such liquid petroleum fuel imported,
  • (i) the province of importation,
  • (ii) the volume, if known, of the fuel imported by the person during the year preceding the year of this report,
  • (iii) the volume, if known, of renewable fuel in the fuel imported by the person during the year preceding the year of this report, and
  • (iv) the type of renewable fuel and, if known, the renewable fuel feedstock type used to produce the renewable fuel by the person;
• (g) the location with a facility of the meters that will be used by the person to measure the volumes required under these Regulations; and
• (h) the civic addresses at which records required under these Regulations will be kept.

(3) If the information provided in the report required under subsection (1) changes, the person shall submit to the Minister an update to the report no later than 5 days after the change.

(4) A person who has elected under subsection (1) to participate in the trading system may withdraw from participating in the trading system on the conditions that the person:

• (a) submits to the Minister by courier or registered mail a notice specifying the date of the withdrawal;
• (b) submits the reports required under sections 20 and 23, but for the period from the beginning of the current compliance period to the date specified in paragraph (a), instead of the full compliance period;
• (c) continues, as per section 11, to maintain records made prior to the date specified in paragraph (a); and
• (d) cancels all compliance units that the person owns on the date specified in paragraph (a) that are not required to meet the requirements of section 3.

14. (1) A trading system participant who solely or jointly owns a batch of fuel that results from the blending in Canada of renewable fuel with a liquid petroleum fuel other than diesel fuel or heating distillate oil may create a single gasoline compliance unit for each litre of renewable fuel that was so blended, as recorded under paragraph 19(1)(b).

(2) A trading system participant who solely or jointly imports a batch of gasoline or liquid petroleum fuel, other than diesel fuel or heating distillate oil, that has a quantity of renewable fuel in the batch may create a single gasoline compliance unit for each litre of renewable fuel in the batch, as recorded under paragraph 19(3)(b).

(3) A trading system participant who solely or jointly owns a batch of fuel that results from the blending in Canada of renewable fuel with diesel fuel or heating distillate oil may create a single distillate compliance unit for each litre of renewable fuel that was so blended, as recorded under paragraph 19(1)(b).

(4) A trading system participant who solely or jointly imports a batch of diesel fuel or heating distillate oil that has a quantity of renewable fuel in the batch may create a single distillate compliance unit for each litre of renewable fuel in the batch, as recorded under paragraph 19(3)(b).

(5) A trading system participant who solely or jointly uses bio-crude as a feedstock to produce a liquid fuel in Canada may create 3 distillate and 7 gasoline compliance units for each 10 litres of bio-crude used as feedstock, as recorded under paragraph 19(2)(b).

(6) A compliance unit shall only be created under subsections (1) to (5) on or after September 1, 2010, and at the time when

• (a) the batch is imported;
• (b) blending occurs; or
• (c) the record under subsection 19(2) is made regarding the use of bio-crude as feedstock.

(7) Compliance units are not created under subsections (1) to (4) for

• (a) any batch of gasoline where the volume of renewable fuel that was added to the batch exceeds 86% of the resultant volume of the batch; or
• (b) any batch of liquid petroleum fuel other than gasoline where the volume of renewable fuel that was added to the batch exceeds 80% of the resultant volume of the batch.

(8) If more than one person either owns or imports the batch of fuel referred to in subsections (1) to (4) or uses the bio-crude referred to in subsection (5) as feedstock, compliance units may only be created

• (a) where all the persons owning the batch or using the bio-crude have a written agreement that
  • (i) only one of them will create compliance units in respect of the batch that is imported, the blending with renewable fuel, or the use of bio-crude, as the case may be, and
  • (ii) identifies which of the persons may create the compliance units; and
• (b) by the trading system participant identified in the agreement as the person who may create the compliance units.

(9) Subject to subsection (10), at the end of each trading period in respect of a gasoline compliance period, a trading system participant may create one gasoline compliance unit for each gasoline compliance unit that was created during that compliance period that

• (a) a primary supplier owns, and which was not required by the primary supplier to meet the requirements for its gasoline pool referred to in subsection 3(1) for that compliance period; or
• (b) a trading system participant, other than a primary supplier, owns.

(10) The maximum number of gasoline compliance units that may be created under section (9) is,

• (a) for a primary supplier, 20% of the quantity of renewable fuel in the primary supplier's gasoline pool required pursuant to subsection 3(1) for the gasoline compliance period referred to in subsection (9); and
• (b) for a trading system participant other than a primary supplier, the number of gasoline compliance units that it owns at the end of the trading period less the number of gasoline compliance units that it created under subsection (9) during the compliance period.

(11) Subject to subsection (12), at the end of each trading period in respect of a distillate compliance period, a trading system participant may create one distillate compliance unit for each distillate compliance unit that was created during that compliance period that

• (a) the primary supplier owns, and that is in excess of the sum of:
  • (i) the number of distillate compliance units that the primary supplier has recorded in the report required under section 8 to use for meeting the requirements for its gasoline pool referred to in subsection 3(1) for the gasoline compliance period, plus
  • (ii) the number of distillate compliance units required by the primary supplier to meet the requirements for its distillate pool referred to in subsection 3(2) for the distillate compliance period; or
• (b) the trading system participant, other than a primary supplier, owns.

(12) The maximum number of distillate compliance units that may be created under subsection (11) is,

• (a) for a primary supplier, 20% of the quantity of renewable fuel in the primary supplier's distillate pool required pursuant to subsection 3(2) for the distillate compliance period referred to in subsection (11); and
• (b) for a trading system participant other than a primary supplier, the number of distillate compliance units that it owns at the end of the trading period less the number of distillate compliance units that it created under subsection (11) during the compliance period.

15. (1) The compliance unit created under section 14 is owned by the trading system participant who creates it pursuant to section 14.

(2) A compliance unit may only have a single owner at any time.

(3) Only trading system participants may own compliance units.

16. (1) Subject to subsections (2) and (3), a gasoline or distillate compliance unit may be exchanged between trading system participants, provided both parties make a record of the exchange that includes the following information:

• (a) for each transfer of compliance units to another trading system participant,
  • (i) the name of the trading system participant to whom the compliance units were transferred, and the registration number provided to that trading system participant, if one was provided by the Minister,
  • (ii) the date of the transfer,
  • (iii) the quantity of gasoline compliance units transferred,
  • (iv) the quantity of distillate compliance units transferred,
  • (v) the gasoline compliance period or distillate compliance period in which the compliance units were created; and
• (b) for each receipt of compliance units from another trading system participant,
  • (i) the name of the trading system participant from whom the compliance units were received, and the registration number provided to that trading system participant, if one was provided by the Minister,
  • (ii) the date of receipt,
  • (iii) the quantity of gasoline compliance units received, and
  • (iv) the quantity of distillate compliance units received;
  • (v) the gasoline compliance period or distillate compliance period in which the compliance units were created.

(2) A trading system participant may not transfer compliance units created during a gasoline compliance period or distillate compliance period after the end of the trading period for that compliance period.

(3) A trading system participant may only transfer compliance units to a primary supplier.

17. (1) A compliance unit can only be used for determining compliance in respect of the gasoline compliance period or distillate compliance period in which it was created.

(2) A trading system participant shall cancel:

• (a) one gasoline compliance unit or one distillate use compliance unit for each litre of renewable fuel in a batch of fuel other than diesel fuel or heating distillate oil that they or an affiliate exported, unless the affiliate is a trading system participant and has already cancelled the compliance unit; and
• (b) one distillate compliance unit for each litre of renewable fuel in a batch of diesel fuel or heating distillate oil that they or an affiliate exported, unless the affiliate is a trading system participant and has already cancelled the compliance unit.

(3) A trading system participant who creates compliance units at the end of a trading period in respect of a compliance period under subsection 14(9) or (11) shall, when the compliance credits are created, cancel one compliance unit that was created during that compliance period for each new compliance unit that is created.

18. (1) At the beginning of each gasoline compliance period or distillate compliance period, a trading system participant shall make a compliance unit account book for that period, that will record the balance of compliance units they own that were created during the period, separately for gasoline and distillate compliance units.

(2) In the compliance unit account book, the trading system participant shall record the increases, decreases, dates of such changes, and compliance period-to-date balance of compliance units owned by the trading system participant which were created during that compliance period,

• (a) by facility, for each facility where the trading system participant created compliance units pursuant to subsection 14(1), (3) or (5) in respect of fuel that was blended with a renewable fuel at the facility or that was produced from bio-crude at the facility;
• (b) by province, for each province into which it imported fuel with a quantity of renewable fuel in the imported fuel, where the trading system participant created compliance units pursuant to subsection 14(2) or (4);
• (c) by province, for each province from which it exported fuel with a quantity of renewable fuel in the exported fuel, where the trading system participant cancelled compliance units pursuant to subsection 17(2);
• (d) by trading system participant, for each trading system participant from whom compliance units were received, pursuant to section 16;
• (e) by trading system participant, for each trading system participant to whom compliance units were transferred, pursuant to section 17;
• (f) for compliance units created or cancelled pursuant to subsections 13(4), 14(9) and (11), and 17(3); and
• (g) of the trading system participant's total compliance units.

(3) The trading system participant shall set the balance in its compliance unit account book for its gasoline compliance period and distillate compliance period, as the case may be, to zero at the beginning of the compliance period for both gasoline and distillate compliance units.

(4) At least once per month and at the end of the trading period, the trading system participant shall update the compliance unit account book to reflect the gasoline and distillate compliance units created or cancelled by the trading system participant since the last update.

(5) Upon each exchange of compliance units, the trading system participant shall update the compliance unit account book to reflect the transfer of compliance units to other trading system participants or the receipt of compliance units from other trading system participants.

(6) The trading system participant may never at any time transfer an amount of compliance units that would result in a negative balance for either type of compliance unit.

19. (1) A trading system participant who creates compliance units pursuant to subsection 14(1) or (3) in respect of a batch of blended fuel shall make a record for each such batch that includes

• (a) the civic address and name, where applicable, of the facility where the blending occurred;
• (b) the type and volume of the renewable fuel that was blended;
• (c) the volume of the liquid petroleum fuel that was blended and whether it was finished gasoline, unfinished gasoline, diesel fuel, heating distillate oil, or another liquid petroleum fuel, in which case that fuel type;
• (d) the date that the batch was blended;
• (e) the name and registration number, if any, of the person from whom they acquired the renewable fuel, and the person who originally produced the renewable fuel, if known; and
• (f) the renewable fuel feedstock type used to produce the renewable fuel, if known.

(2) A trading system participant who creates compliance units pursuant to subsection 14(5) in respect of the production of fuel from bio-crude feedstock shall make a record at least weekly that includes

• (a) the civic address and name, where applicable, of the facility where the fuel production occurred;
• (b) the type and volume of the bio-crude used as feedstock at the facility;
• (c) the date of the record;
• (d) the name and registration number, if any, of the person from whom they acquired the bio-crude, and the person who originally produced the bio-crude, if known; and
• (e) the renewable fuel feedstock type used to produce the bio-crude, if known.

(3) A trading system participant who creates compliance units pursuant to subsection 14(2) or (4) in respect of a batch of fuel that is imported shall make a record for each such batch that includes

• (a) the province of import and port of entry;
• (b) the type and volume of the renewable fuel in the batch, with supporting documentation evidencing that volume;
• (c) the type of renewable fuel feedstock used to produce the renewable fuel, if known;
• (d) the volume of the batch and whether it was finished gasoline, unfinished gasoline, diesel fuel, heating distillate oil, or another liquid petroleum fuel, in which case that fuel type;
• (e) the date that the batch was imported;
• (f) the name and registration number, if any, of the person from whom they acquired the batch of fuel, and the person originally produced the batch of fuel, if known; and
• (g) the renewable fuel feedstock type used to produce the renewable fuel contained in the batch of fuel, if known.

(4) A trading system participant who creates compliance units pursuant to subsection 14(9) or (11) shall make a record for the compliance units that includes

• (a) the quantity of gasoline compliance units created;
• (b) the quantity of distillate compliance units created;
• (c) the date of the creation.

(5) A trading system participant who exports fuel or produces, imports or sells fuel for export, including renewable fuel, shall make a record for each batch of fuel exported or produced, imported or sold for export which had a quantity of renewable fuel in the exported of

• (a) the fuel type as finished gasoline, unfinished gasoline, diesel fuel, heating distillate oil, renewable fuel, or another type of liquid petroleum fuels;
• (b) the volume of the renewable fuel or the volume of the renewable fuel in the fuel exported, as the case may be; and
• (c) the quantity of gasoline or distillate compliance units cancelled, as the case may be.

(6) In addition to the records required elsewhere in these regulations, every trading system participant shall keep records evidencing the information recorded in its compliance unit account book and in the records made under subsections (1) to (5), including, without being limited to,

• (a) data and calculations of volumes reported;
• (b) dated metered-values, bills of lading, invoices, sales receipts, records of payment and records of transactions for gasoline, distillate, renewable fuel, bio-crude and blendstock used, blended, sold, imported, acquired, transferred to or from another fuel supplier or facility; and
• (c) dated contracts, records of transfer, invoices, records of payment for transfers between the primary supplier and other parties of gasoline, distillate, renewable fuels, and compliance units.

20. (1) For each gasoline compliance period and distillate compliance period in which a trading system participant created or in respect of which they exchanged a compliance unit created during that compliance period, the trading system participant shall submit to the Minister a report on or before February 15 of the following year.

(2) A report submitted under subsection (1) shall contain

• (a) the name and civic address of the trading system participant;
• (b) the name and civic address of the person who calibrated the meters referred to in either paragraph 7(2)(i) or 13(2)(g), and the dates during the compliance period of the calibration at each facility;
• (c) for each facility in Canada at which the trading system participant created a compliance unit by blending renewable fuel into a liquid petroleum fuel or using bio-crude as a feedstock,
  • (i) the separate quantities of gasoline and distillate compliance units created pursuant to subsections 14(1), (3) or (5),
  • (ii) the total volume of renewable fuel blended or bio-crude used as feedstock, by type of renewable fuel or bio-crude, and
  • (iii) the total volume, by type of the resulting blended fuel;
• (d) for each province of importation that the trading system participant created a compliance unit by importing a liquid petroleum fuel containing renewable fuel,
  • (i) the separate quantities of gasoline and distillate compliance units created pursuant to subsections 14(2) or (4),
  • (ii) the total volume of renewable fuel in the fuel imported, by each type of renewable fuel in fuel imported, and
  • (iii) the total volume, by type of liquid petroleum fuel imported;
• (e) for each province from which the trading system participant or an affiliate exported a liquid petroleum fuel containing renewable fuel,
  • (i) the separate quantities of gasoline and distillate compliance units cancelled pursuant to subsection 17(2),
  • (ii) the quantity of renewable fuel in diesel fuel and heating distillate oil that was exported, by each type of renewable fuel in the fuel exported,
  • (iii) the quantity of renewable fuel in liquid petroleum fuel other than diesel fuel and heating distillate oil that was exported, by each type of renewable fuel in the fuel exported, and
  • (iv) the total volume, by type of liquid petroleum fuel exported;
• (f) for each trading system participant from whom the trading system participant received compliance units that were created in the compliance period, the name of the trading system participant, their registration number, if any, and separately, the quantity of gasoline and distillate compliance units received during the trading period for the compliance period;
• (g) for each trading system participant to whom the trading system participant transferred compliance units that were created in the compliance period, the name of the trading system participant, their registration number, if any, and separately, the quantity of gasoline and distillate compliance units transferred during the trading period for the compliance period;
• (h) separately, the quantity of gasoline and distillate compliance units created or cancelled under subsections 13(4), 14(9) and (11), and 17(3);
• (i) separately, the quantity of gasoline and distillate compliance units owned by the trading system participant at the end of the trading period for the compliance period;
• (j) separately for each type of renewable fuel and for bio-crude,
  • (i) the names of persons, if any, from whom the trading system participant acquired in Canada renewable fuel or bio-crude during the compliance period, and the volume, in litres, acquired in Canada from each person during the compliance period,
  • (ii) the names of persons, if any, to whom the trading system participant transferred in Canada ownership of renewable fuel or bio-crude during the compliance period, and the volume, in litres, transferred in Canada to each person during the compliance period, and
  • (iii) the volume, in litres, of renewable fuel or bio-crude in Canada owned by the trading system participant
    • (A) at the end of the last day of the compliance period, and
    • (B) for the first compliance period only, at the beginning of the first day of the compliance period, and
  • (iv) the volume, in litres, of renewable fuel or bio-crude exported by the trading system participant; and
• (k) a copy of the compliance unit account book for the compliance period.

21. (1) Any person, other than a trading system participant, who sells fuel for export, including renewable fuel, shall make a record for each batch of fuel sold that they exported which had a quantity of renewable fuel in the exported fuel of

• (a) specifying whether the fuel was finished gasoline, unfinished gasoline, diesel fuel, heating distillate oil, renewable fuel, or another type of liquid petroleum fuels; and
• (b) the volume of the renewable fuel or the volume of the renewable fuel in the fuel sold for exported, as the case may be.

(2) For each gasoline compliance period or distillate compliance period in which a record is made under subsection (1), the person required to make a record under subsection (1) shall submit a report to the Minister on or before February 15 of the following year.

(3) A report submitted under subsection (2) shall contain, for each province from which the fuel was sold for export during the compliance year, and by each type of renewable fuel in the fuel,

• (a) the volume of liquid petroleum fuel that was sold for export;
• (b) the volume of renewable fuel in liquid petroleum fuel that was sold for export during the compliance period, by type of renewable fuel; and
• (c) the volume of renewable fuel not in liquid petroleum fuel that was sold for export during the compliance period, by type of renewable fuel.

22. (1) A person that produces in Canada or imports into Canada renewable fuel shall provide a report to the Minister by the latter of August 15, 2010 and 1 day before the person first produced or imported a renewable fuel.

(2) A report submitted under subsection (1) shall contain

• (a) the name and civic address of the person;
• (b) the name, civic address and telephone number of the authorized official;
• (c) the name and telephone number of a contact person, if different from the authorized official;
• (d) for each facility in Canada at which the person produced renewable fuel,
  • (i) the civic address and name, if any, of each facility at which the person produces renewable fuel,
  • (ii) the type of renewable fuel produced and the renewable fuel feedstock type used to produce it,
  • (iii) the volume, if known, of renewable fuel produced in the year preceding the year of this report, and
  • (iv) the location within the facility of the meters that will be used to measure the volumes required under this section; and
• (e) for each province into which the person imported renewable fuel,
  • (i) the type of renewable fuel imported and the renewable fuel feedstock type used to produce the renewable fuel, in known, and
  • (ii) the volume, if known, of renewable fuel imported in the year preceding the year of this report.

(3) If the information provided in the report required under subsection (1) changes, the person shall submit an update to the report no later than 5 days after the change.

(4) A person that produces or imports renewable fuel shall make a record for each batch of renewable fuel imported or dispatched from the facility in Canada at which it is produced, and the record shall contain

• (a) the type of renewable fuel;
• (b) the renewable fuel feedstock type, if known;
• (c) the civic address of the facility at which it was produced or province it was imported into;
• (d) the volume of the batch of renewable fuel;
• (e) the date of import or dispatch of the batch of renewable fuel;
• (f) whether the volume of renewable fuel will be exported, if known; and
• (g) if known, whether the volume of renewable fuel will be blended at a facility in Canada, the civic address of such facility, and person who would own the resulting blended volume.

(5) A person that produces or imports renewable fuel shall make a record for each batch of renewable fuel that it sells of:

• (a) the type of renewable fuel;
• (b) the renewable fuel feedstock type, if known;
• (c) the civic address of the facility in Canada at which it was produced or province it was imported into;
• (d) the volume of the batch of renewable fuel;
• (e) the date of sale of the batch of renewable fuel;
• (f) the person to whom the batch was sold;
• (g) whether the volume of renewable fuel will be exported, if known; and
• (h) if known, whether the volume of renewable fuel will be blended at a facility in Canada, the civic address of such facility, and person who would own the resulting blended volume.

(6) For each gasoline compliance period or distillate compliance period in which a person produced or imported renewable fuel, the person shall submit a report to the Minister on or before February 15 of the following year.

(7) A report submitted under subsection (6) shall contain

• (a) the name and civic address of the renewable fuel producer or importer;
• (b) for each facility in Canada at which the person produced renewable fuel during the compliance period:
  • (i) the type of renewable fuel and the renewable fuel feedstock type used to produce the renewable fuel,
  • (ii) the total volume, in litres, of renewable fuel produced, separately for each renewable fuel feedstock type, and
  • (iii) the total volume of renewable fuel, in litres, produced at the facility that the person
    • (A) sold during the compliance period,
    • (B) sold for export during the compliance period, if known, and
    • (C) sold for blending at a facility in Canada during the compliance period, if known;
• (c) for each province into which the person imported into Canada renewable fuel during the compliance period:
  • (i) the type of renewable fuel imported and, if known, the renewable fuel feedstock type used to produce the renewable fuel,
  • (ii) the total volume, in litres, of renewable fuel imported, separately for each type of renewable fuel, and
  • (iii) the total volume of renewable fuel, in litres, imported that the person
    • (A) sold during the compliance period,
    • (B) sold for export during the compliance period, if known, and
    • (C) sold for blending at a facility in Canada during the compliance period, if known; and
• (d) the names of persons to whom the person sold during the compliance period renewable fuel referred to in paragraphs (b) and (c), and the volume, in litres, sold to each person during the compliance period, by province of custody transfer.

23. (1) A trading system participant and any person who produces or imports renewable fuel shall

• (a) have the records and reports required under these Regulations audited by an auditor; and
• (b) not later than May 31 of the year following the gasoline compliance period or distillate compliance period in respect of which the audit was carried out, submit to the Minister a report, signed by the auditor, that contains
  • (i) the name and civic address of the trading system participant or a person who produces or imports renewable fuel,
  • (ii) the name, civic address and qualifications of the auditor,
  • (iii) the procedures followed by the auditor to assess the validity of the information required by these Regulations,
  • (iv) a statement that the auditor has obtained and reviewed all documentation on exchanges of compliance unit in the possession of the trading system participant,
  • (v) a statement that the auditor has reviewed the trading system participant's compliance unit account book, and assessed whether the entries in the book are evidenced by the other records required under these Regulations,
  • (vi) for each type of gasoline, diesel fuel or heating distillate oil identified under section 9 as pool gasoline or pool distillate, the total volume dispatched or imported by the primary supplier,
  • (vii) the quantity, in litres, of the gasoline pool and the parameters described in section 5 as RF_GAS, CRE_GAS, REC_GAS, TRF_GAS, CAN_GAS and DTG_DG, as independently calculated by the auditor, if the report concerns a gasoline compliance period,
  • (viii) the quantity, in litres, of the distillate pool and the parameters described in section 5 as RF_DIS, CRE_DIS, REC_DIS, TRF_DIS, CAN_DIS and DTG_DD, as independently calculated by the auditor, if the report concerns a distillate compliance period,
  • (ix) an assessment by the auditor of the extent to which the trading system participant or a person who produces or imports renewable fuel has complied with these Regulations throughout the gasoline compliance period or distillate compliance period, and
  • (x) a description of the nature and date of any inaccuracies in the records and any other deviations by the trading system participant or a person who produces or imports renewable fuel from the requirements of these Regulations.

(2) Subsection (1) does not apply to a primary supplier that during a gasoline compliance period or distillate compliance period only produces or imports fuel for use in aircraft, competition vehicles, scientific research or Zone TNL, unless the primary supplier creates or exchanges any compliance units during that compliance period.

(3) Subsection (1) does not apply to a primary supplier that does not produce or import gasoline during a gasoline compliance period or distillate compliance period, unless the primary supplier has submitted a notice of election under subsection 3(3) and produces or imports diesel fuel or distillate heating oil during the compliance period, or creates or exchanges any compliance units during that compliance period.

24. (1) These Regulations, other than subsection 3(2), come into force on registration of these Regulations.

(2) Subsection 3(2) comes into force on [Date to be determined].