Federal renewable fuels regulations: biodiesel suppliers

NOTE: Information below is for compliance promotional purposes only and is not a substitute for the Renewable Fuels Regulations nor does it offer any legal interpretation of these regulations. For requirements under the Regulations, refer to the actual regulations. In the event of discrepancies between this document and the Renewable Fuels Regulations, the Regulations prevail.

Federal renewable fuels regulations - biodiesel suppliers

Biodiesel Suppliers – Persons who produce and/or import "biodiesel".

What is renewable fuel under the Regulations?

The Regulations specify a definition for "renewable fuel" including "ethanol" and "biodiesel." A liquid fuel is a "renewable fuel" if it:

• is produced from one or more of the listed renewable fuel feedstocks
• complies with the maximum content of non-renewable substances allowed, and
• otherwise meets the definition of renewable fuel as set out in the Regulations

What is biodiesel under the Renewable Fuels Regulations?

The Regulations specify a definition for "biodiesel" as a liquid fuel that:

1. is comprised of at least one mono-alkyl ester produced from one or more renewable fuel feedstocks in reaction with an alcohol reactant;
2. is suitable for use in a diesel engine; and
3. may contain substances, other than the mono-alkyl esters described in paragraph (a), that are not produced from renewable fuel feedstocks, the combined volume of which substances accounts for less than 1.5% of the volume of the fuel.

What do the Renewable Fuels Regulations require of biodiesel producers and importers?

As renewable fuel producers and importers, biodiesel producers and importers must keep records and report on their biodiesel. They are required to have an audit by an independent third party for each compliance period.

I only produce and/or import small volumes of biodiesel. What are my requirements under the Regulations?

If you produce and/or import less than 400 m³ (400 000 litres) of renewable fuel in a year^{Footnote 1} , then you are exempt from the requirements under sections 34 and 28 for that period. However, you must keep records demonstrating your annual volume is less than the threshold (see sections 37 and 38), measured in accordance with section 4.

Can a producer or importer of biodiesel participate in the trading system?

Anyone, other than a primary supplier, who engages in one of the following activities, including a producer or importer of biodiesel, may elect under section 11 to become a participant in the trading system:

• blending, by the fuel owner, of renewable fuel with petroleum fuel
• producing petroleum fuel^{Footnote 2}  by using biocrude as a feedstock
• importing petroleum fuel^{Footnote 2}  with renewable fuel content, or
• selling neat renewable fuel to a neat renewable fuel consumer, or using neat renewable fuel that the person produced or imported himself or herself

Additional requirements of the Regulations apply to trading system participants (see related factsheet entitled Federal Renewable Fuels Regulations: Overview).

Do the Sulphur in Diesel Fuel Regulations apply to biodiesel suppliers?

Yes, the Sulphur in Diesel Fuel Regulations encompass all biomass-based diesel fuel, as well as conventionally produced diesel fuel. The definition of biomass-based diesel fuel used therein includes any fuel that is either composed of or derived from plant or animal oils or plant or animal fats that is intended to be used in a diesel engine (so it includes de facto biodiesel).

What are the requirements that need to be met under the Sulphur in Diesel Fuel Regulations?

All aspects of the Sulphur in Diesel Fuel Regulations apply:

• submit regular reports on diesel volumes and sulphur levels (Schedule 1),
• meet the limits (Section 3),
• producers must register their production facility (Schedule 2), and importers must provide registration information with respect to each province of import (Schedule 2), and
• provide 12-hour advance notifications of imports.

In the Sulphur in Diesel Fuel Regulations, producers of a very small volume of biomass-based diesel fuel are still required to do everything set out under the Regulations, even if for personal or scientific use.

Do the Sulphur in Diesel Fuel Regulations require producers or importers of biomass-based diesel fuel to measure the sulphur in it?

The Regulations do not specifically require measurement of the sulphur level for each batch of biomass-based diesel fuel. However, sulphur information that must be reported includes maxima, minima and volume weighted averages in Schedule 1.

Where can I find more information on the Sulphur in Diesel Fuel Regulations?

For more general information on the Sulphur in Diesel Fuel Regulations, see the guidance document on the Sulphur in Diesel Fuel Regulations.

Where can I find more information on the Renewable Fuels Regulations?

For more general information on the Regulations, the trading system, important dates and reporting deadlines, see related factsheet entitled Federal Renewable Fuels Regulations: Overview.

How to stay informed?

Environment Canada also has the following information, available on the Renewable fuel regulations page.

• Renewable Fuels Regulations (full text of Regulations)
• Federal Renewable Fuels Regulations: Overview
• Federal Renewable Fuels Regulations: Primary Suppliers
• Federal Renewable Fuels Regulations: Sellers of Fuel for Export
• Federal Renewable Fuels Regulations: Blending Operations
• Federal Renewable Fuels Regulations: Renewable Fuel Producers and Importers
• Federal Renewable Fuels Regulations: High-Renewable Content and Neat Renewable Fuels
• Federal Renewable Fuels Regulations: Small-Volume Suppliers
• Federal Renewable Fuels Regulations: Excluded-Volumes-Only Suppliers
• Questions and Answers on the Federal Renewable Fuels Regulations

Further questions and inquiries can be directed to Environment Canada's Inquiry Centre:
Tel.: 1-800-668-6767
Fax: 819-994-1412
or
Email: fuels-carburants@ec.gc.ca(Environment Canada's Fuels Program)

Did you know?

There are a number of other federal fuel regulations that must be complied with, if applicable, namely:

• Fuels Information Regulations, No. 1 (sulphur and additives reporting)
• Gasoline Regulations (lead and phosphorus)
• Benzene in Gasoline Regulations
• Sulphur in Gasoline Regulations
• Sulphur in Diesel Fuel Regulations
• Contaminated Fuel Regulations
• Gasoline and Gasoline Blend Dispensing Flow Rate Regulations
• Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act

For more information, refer to the Fuel regulations: regulatory text, guidance, reporting page.