Guidance document on Sulphur in Diesel Fuel Regulations: questions on section 6


Questions on Section 6 of the Regulations

Section 6: Records

6.1 How long are records required to be kept under the Sulphur in Diesel Fuel Regulations?

Under the Sulphur in Diesel Fuel Regulations, records must be maintained for five years after they are made.


6.2 Why are producers / importers required to identify batches of diesel fuel differently based on sulphur levels?

Identification of batches by sulphur level is based on the regulated sulphur levels. The regulation has requirements to make records and report in respect of three sulphur levels: < 15 mg/kg; > 15 mg/kg and < 500 mg/kg; and > 500 mg/kg.


6.3 What are the requirements to record sulphur levels and how do these change as the regulated limits change over time?

Every person who produces or imports diesel fuel must keep a record of each batch of diesel fuel produced or imported that indicates the volume of the batch and,

  1. until May 31, 2006, whether the concentration of sulphur of the batch exceeded 500 mg/kg; and
  2. after May 31, 2006, whether the concentration of sulphur of the batch exceeded 15 mg/kg.

Every person who produces or imports diesel fuel with a concentration of sulphur exceeding the concentration referred to above (a and b) must, prior to dispatch of that fuel from the production facility or the importation of that fuel, identify in a record any batch to be dispatched or imported as "not suitable for [designated use]", along with the date of the dispatch or importation of the batch. Refer to the table below for details on the record of identification:

Sulphur Concentration Production/Import Dates Record
exceeding 500 mg/kg until May 31, 2006 "not suitable for use in on-road vehicles"
exceeding 500 mg/kg from June 1, 2007 until May 31, 2012 "not suitable for use in on-road vehicles, off-road engines, locomotive engines or vessel engines"
exceeding 15 mg/kg and less than 500 mg/kg June 1, 2006 until May 31, 2010 "not suitable for use in on-road vehicles"
exceeding 15 mg/kg and less than 500 mg/kg from June 1, 2010 until May 31, 2012 "not suitable for use in on-road vehicles or off-road engines"
exceeding 15 mg/kg after May 31, 2012 "not suitable for use in on-road vehicles, off-road engines, locomotive engines or vessel engines"


6.4 Am I required to identify whether diesel fuel is for on-road vehicle or off-road engine use?

Refer to question 6.3.


6.5 How long are records required to be kept under the Diesel Fuel Regulations?

The Diesel Fuel Regulations were repealed in 2003 by the Sulphur in Diesel Fuel Regulations. The Diesel Fuel Regulations required that records be maintained for five years after they were made. All obligations to maintain records under the Diesel Fuel Regulations continue for a period of five years even after the repeal of those Regulations.

The Sulphur in Diesel Fuel Regulations also have the same requirement to maintain records for a period of five years.


6.6 Where must records be kept?

Subsection 6(3) requires that records be kept at the production facility in Canada or at the place of business of the importer in Canada as identified in Schedule 2. All records must be kept in Canada, and enforcement officers, as well as analysts designated under section 217 of CEPA 1999, must have ready access to them.


6.7 How will records be requested by Environment Canada?

Access to records would normally be requested by Environment Canada enforcement officers and/or CEPA analysts inspecting a facility. During an inspection, the officers or analysts may also request samples of diesel fuel.


6.8 I only sell diesel fuel. What records do the regulations require me to keep?

None.


6.9 When do the records need to be made?

A record identifying the type of diesel fuel (subsection 6(2)) must be made prior to the dispatch or importation of a batch. Other records required by the regulations should be made as soon as possible, so that the record is available to an enforcement officer and/or analyst making an inspection of your facility.


6.10 Continuous blending and on-line blending may involve a combination of testing and calculations to derive the sulphur concentration and quality of a blend, instead of a single concentration as measured in accordance with Section 4. How do I identify the batch to satisfy the records requirements under Section 6?

Section 6 requires that a person producing diesel fuel identify in a record any batch that exceeds the prescribed limits as "not suitable for [designated use]" prior to dispatch from the production facility. Under the regulations, a batch is an identifiable quantity of diesel fuel with a single concentration of sulphur as measured in accordance with Section 4. Refer to question 6.3 for the identification requirements.


6.11 What do I do if I did not identify a batch as "diesel not suitable for [designated use]" and later I discover it did not meet the limits in the regulations for the noted use?

You would be in violation of the regulations. The batch must be identified properly prior to dispatch.


6.12 Can I identify a batch as "not suitable for use [designated use], pending completion of analysis" and then re-designate it as on-road diesel fuel, depending on the results of the test?

No. If you are a producer or importer, you must identify any batch of diesel fuel with a sulphur concentration exceeding 500 mg/kg or exceeding 15 mg/kg (after May 31, 2006) as "not suitable for [designated use]" as per subsections 6(2), (3) and (4) prior to dispatch from your facility or prior to importation.


6.13 Are wording other than that set out in the regulation (and as summarized in the table in question 6.3) acceptable for the purposes of Section 6(2), (3) and (4)?

No. You must use the wording provided in the Regulations.


6.14 What date is deemed the date of dispatch for batches that continue over more than one calendar day?

The regulations do not specify the date of dispatch for batches that continue over more that one day.


6.15 What are the identification requirements for inter-refinery transfers of diesel fuel?

The requirements of subsection 6(2) apply to all diesel fuel that a person produces or imports.


6.16 How do I identify biodiesel?

Biodiesel is defined under the regulation to be diesel fuel. It must be identified in the same manner as diesel fuel. Refer to the questions above for details on appropriate labeling based on sulphur level and date.

There are no specific requirements to label biodiesel differently than diesel fuel. However there are requirements to report information in Schedule 1 and 2 based on biodiesel and blends of biodiesel and diesel fuel. With the above taken into account, it would be good practice to identify biodiesel as such.

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