Regulation BEFORE repealed by BC Reg 282/2023, effective January 1, 2024.
| B.C. Reg. 394/2008 O.C. 907/2008 | Deposited December 9, 2008 effective January 1, 2010 |
Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act
Renewable Fuel Requirements Regulation
Definitions
"Act" means the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act;
"affiliate" has the same meaning as in section 1 (1) of the Business Corporations Act;
"appeal" means an appeal under section 14 (2) [what decisions may be appealed, who may appeal, process of appeal] of the Act;
"carbon intensity record" means a record required under
(a) section 11.08 (4.1) [Part 3 compliance reports], or
(b) section 11.031 (1) [carbon intensity and fuel records in relation to exclusion agreements];
"CNG" means compressed natural gas;
"compliance report" means a Part 2 compliance report or a Part 3 compliance report;
"component" means a component under section 11.05 (2);
"exclusion agreement" means an agreement referred to in
(a) section 6.1 (b) or (c) [exclusions from "supply" — Part 3 fuels], or
(b) section 7.1 (4) [application to become Part 3 fuel supplier] of the Act;
"exclusion report" means a report required under section 11.032 (1) in relation to an exclusion agreement;
"exemption report" means a report under
(a) section 7.2 (1) (b) [exemption from renewable fuel content requirements], or
(b) section 11.022 (1) (b) [exemption from low carbon fuel requirements];
"feedstock" means the raw material, including, without limitation, biological and geological sources, from which fuel is produced;
"GHGenius" means the spreadsheet model of that name designed for analyzing the components attributable to the stages of the life cycles of fuels for the purpose of determining all greenhouse gases resulting from the production and use of those fuels for transportation purposes;
"hydrogenation-derived renewable diesel fuel" means a fuel that is
(a) made from plant or animal matter using a hydrogenation process, and
(i) a diesel engine, as defined in section 1 (1) of Schedule 1 of the Carbon Tax Act, or
(ii) a furnace or boiler to produce heat;
"life cycle", in relation to a fuel, includes the stages under section 11.05 (3) that occur in the production of the fuel, including, without limitation, in the preparation of land for and the production of feedstock for that fuel;
"LNG" means liquefied natural gas;
"natural gas-based gasoline" means gasoline derived from natural gas but does not include renewable fuel;
"Part 2 compliance report" means a report required under section 3 of the Act;
"Part 3 compliance report" means a report required under section 7 of the Act;
"vehicle" means a vehicle, including one run on tracks or cables, whose propulsive power is derived from fuel and includes a carrier without propulsive power towed by such a vehicle.
(2) For the purposes of the definition of "carbon dioxide equivalent" in section 1 of the Act, the carbon dioxide equivalent of a given mass of another greenhouse gas is the product of that mass and the global warming potential for that gas that is
(a) set out in a report of the Intergovernmental Panel on Climate Change, and
(b) specified by the director by reference to the report.
[am. B.C. Regs. 320/2009, s. 2; 141/2015, s. 1; 287/2016, App. 1, s. 1 and App. 2, s. 1.]
Standard for biodiesel fuel
2 A fuel must meet one of the following standards, as amended from time to time, to qualify as biodiesel fuel for the purposes of the Act:
(a) the Canadian General Standards Board Standard CAN/CGSB-3.524-2011 Biodiesel (B100) for Blending in Middle Distillate Fuels;
(b) the ASTM International Standard ASTM D6751-15ce1.
[en. B.C. Reg. 190/2016, App. 1, s. 1; am. B.C. Reg. 178/2020, s. 1.]
Exclusion from "gasoline class fuel"
3 Gasoline class fuel does not include fuel that, at the time of sale, the fuel supplier reasonably expects will be used in an aircraft.
[am. B.C. Reg. 320/2009, s. 3.]
Inclusion in "gasoline class fuel"
3.01 Natural gas-based gasoline is prescribed as an energy source for the purposes of paragraph (b) (ii) of the definition of "gasoline class fuel" in section 1 of the Act.
[en. B.C. Reg. 141/2015, s. 2.]
Exclusion from "diesel class fuel"
3.1 (1) In this section, "military operation" means an operation undertaken to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member of the North Atlantic Treaty Organization.
(2) Diesel class fuel does not include fuel that is sold to the Department of National Defence (Canada) if at the time of sale the fuel supplier reasonably expects that the fuel will be used
(b) by the Department of National Defence (Canada) in military vessels, vehicles, aircraft or equipment for military operations, or
(c) in military vessels, vehicles, aircraft or equipment of a foreign country.
[en. B.C. Reg. 320/2009, s. 4; am. B.C. Reg. 335/2012, Sch. 1, s. 2.]
Part 2 fuel supplier
4 (1) For the purposes of paragraph (b) of the definition of "Part 2 fuel supplier" in section 1 of the Act, the following are prescribed as Part 2 fuel suppliers:
(a) a person who, for the person's own use, manufactures Part 2 fuel in British Columbia;
(b) a person who, for the person's own use, brings Part 2 fuel into British Columbia;
(c) a person who, for the person's own use, receives Part 2 fuel brought into British Columbia on that person's behalf.
(2) Subsection (1) (b) does not apply to a person who brings Part 2 fuel into British Columbia in the fuel tank of the vehicle or vessel the person is operating or in a fuel tank for a device necessary for the intended use of that vehicle or vessel, if the fuel is used only to power that vehicle, vessel or device, as applicable.
[am. B.C. Reg. 190/2016, App. 1, s. 2.]
Part 3 fuel supplier
4.1 (1) For the purposes of paragraph (b) of the definition of "Part 3 fuel supplier" in section 1 of the Act, the following are prescribed as Part 3 fuel suppliers:
(a) a person who, for the person's own use, manufactures Part 3 fuel in British Columbia;
(b) a person who, for the person's own use, brings Part 3 fuel into British Columbia;
(c) a person who, for the person's own use, receives Part 3 fuel brought into British Columbia on that person's behalf.
(2) Subsection (1) (b) does not apply to a person who brings Part 3 fuel into British Columbia in the fuel tank of the vehicle or vessel the person is operating or in a fuel tank for a device necessary for the intended use of that vehicle or vessel, if the fuel is used only to power that vehicle, vessel or device, as applicable.
[en. B.C. Reg. 320/2009, s. 4; am. B.C. Reg. 190/2016, App.1, s. 3.]
Renewable fuel
5 (1) The following substances are prescribed as renewable fuel in relation to gasoline class fuel:
(a) gasoline produced from biomass;
(b) naphtha produced from biomass.
(2) The following substances are prescribed as renewable fuel in relation to diesel class fuel:
(a) diesel fuel produced from biomass;
(b) hydrogenation-derived renewable diesel fuel.
[en. B.C. Reg. 335/2012, Sch. 1, s. 3; am. B.C. Reg. 196/2021, App. 2, s. 1.]
Exclusions from "supply" — Part 2 fuels
6 (1) The definition of "supply" in section 1 of the Act does not apply in relation to Part 2 fuel in the following circumstances:
(a) the Part 2 fuel supplier, at the time of sale, reasonably expects that the Part 2 fuel will be exported from British Columbia;
(b) the Part 2 fuel is sold by one Part 2 fuel supplier to another Part 2 fuel supplier and the purchasing Part 2 fuel supplier agrees in writing with the selling Part 2 fuel supplier to include for the applicable compliance period that Part 2 fuel in its calculations for the purposes of section 2 of the Act;
(c) the Part 2 fuel is sold by its importer or manufacturer to a Part 2 fuel supplier and the Part 2 fuel supplier agrees in writing with the importer or manufacturer, as applicable, to include for the applicable compliance period that Part 2 fuel in its calculations for the purposes of section 2 of the Act.
(2) Repealed. [B.C. Reg. 338/2010, Sch. s. 1 (b).]
(3) The sale of Part 2 fuel by a Part 2 fuel supplier that purchased the Part 2 fuel in circumstances described in subsection (1) (b) or (c) is deemed to be the first sale of that fuel after it is manufactured or brought into British Columbia.
[am. B.C. Regs. 320/2009, s. 5; 338/2010, Sch. s. 1.]
Exclusions from "supply" — Part 3 fuels
6.1 (1) The definition of "supply" in section 1 of the Act does not apply in relation to a Part 3 fuel in the following circumstances:
(a) the Part 3 fuel supplier, at the time of sale, reasonably expects that the Part 3 fuel will be exported from British Columbia;
(b) the Part 3 fuel is sold by one Part 3 fuel supplier to another Part 3 fuel supplier and the purchasing Part 3 fuel supplier agrees in writing with the selling Part 3 fuel supplier to include for the applicable compliance period that Part 3 fuel in its calculations for the purposes of section 6 (1) of the Act;
(c) the Part 3 fuel is sold by its importer or manufacturer to a Part 3 fuel supplier and the Part 3 fuel supplier agrees in writing with the importer or manufacturer, as applicable, to include for the applicable compliance period that Part 3 fuel in its calculations for the purposes of section 6 (1) of the Act.
(2) Repealed. [B.C. Reg. 338/2010, Sch. s. 2 (b).]
(3) The sale of Part 3 fuel by a Part 3 fuel supplier that purchased the Part 3 fuel in circumstances described in subsection (1) (b) or (c) is deemed to be the first sale of that fuel after it is manufactured or brought into British Columbia.
[en. B.C. Reg. 320/2009, s. 6; am. B.C. Reg. 338/2010, Sch. s. 2.]
Exclusions from "supply" — flood and landslide emergency
"flood and landslide emergency" means the emergency that is the subject of the declaration of a state of emergency made on November 17, 2021, and any extension of that declaration, under section 9 of the Emergency Program Act;
"specified area" means any of the following areas:
(a) the Metro Vancouver Regional District;
(b) the Fraser Valley Regional District;
(c) the Squamish-Lillooet Regional District;
(d) the Sunshine Coast Regional District;
(e) the qathet Regional District;
(g) the trust area within the meaning of the Islands Trust Act;
"specified date" means the date that is 7 days after the later of the following dates, as applicable:
(a) the date on which the declaration of a state of emergency referred to in the definition of "flood and landslide emergency" expires or is cancelled;
(b) the date on which the last extension of that declaration expires or is cancelled.
(2) The definition of "supply" in section 1 of the Act does not apply in relation to a Part 2 fuel or a Part 3 fuel if
(a) the fuel is petroleum-based gasoline or petroleum-based diesel fuel,
(b) the director confirms in writing, before the specified date, that the director is satisfied that the fuel has been or will be brought into a specified area, outside of the usual course of business, for the purpose of responding to the flood and landslide emergency, and
(c) the fuel is brought into the affected area for that purpose by the date that is 30 days after the specified date.
[en. B.C. Reg. 316/2021.]
Definition of "supply" — Part 3 fuels — electricity
"final supplier", in relation to electricity, means the person who provides the electricity through final supply equipment;
"final supply equipment" means a charging station or other equipment that is the final equipment through which electricity is provided to a vehicle, vessel, conveyor system or other means of transportation;
"Translink" has the same meaning as "authority" in section 1 (1) of the South Coast British Columbia Transportation Authority Act.
(2) This section applies, despite section 6.1 (3), in relation to electricity supplied on or after January 1, 2022.
(3) Subject to subsections (4) and (6),
(a) the definition of "supply" in section 1 of the Act does not apply in relation to a sale of electricity by a person who is not the final supplier of the electricity, and
(b) the final supplier of the electricity is made the Part 3 fuel supplier of the electricity as follows:
(i) if the final supplier sells the electricity as the final supply, the sale is deemed to be the first sale of the electricity after it is manufactured or brought into British Columbia;
(ii) if the final supplier gives away or otherwise uses the electricity as the final supply, the final supplier is prescribed as a Part 3 fuel supplier for the purposes of paragraph (b) of the definition of "Part 3 fuel supplier" in section 1 of the Act.
(4) Subject to subsection (6), if a person sells electricity to a person who uses the electricity as specified in subsection (5),
(a) the definition of "supply" in section 1 of the Act does not apply in relation to any other sale of the electricity, and
(b) the sale is deemed to be the first sale of the electricity after it is manufactured or brought into British Columbia.
(5) For the purposes of subsection (4), the following uses are specified:
(a) to charge a vehicle at a residential building that includes fewer than 5 dwelling units;
(b) to power an electric train operated by Translink on a fixed rail that was operated by Translink on December 31, 2020 or a replacement fixed rail installed in the same location;
(c) to power a trolley bus operated by Translink on trolley wires that were operated by Translink on December 31, 2020 or replacement trolley wires installed along the same roads.
(6) If a person who sells electricity as described in subsection (4) agrees in writing with a person who previously sold the electricity that the person who previously sold the electricity is to be the Part 3 supplier of the electricity,
(a) the definition of "supply" in section 1 of the Act does not apply in relation to a sale of electricity other than the previous sale, and
(b) the previous sale is deemed to be the first sale of the electricity after it is manufactured or brought into British Columbia.
[en. B.C. Reg. 196/2021, App. 2, s. 2.]
Part 1.1 — General Requirements
Requirement for complete and accurate reports and records
6.2 (1) Subject to subsection (3), a person who is required to
(a) submit a report referred to in subsection (2) to the director,
(b) provide a carbon intensity record under section 11.031 [Part 3 fuel provided under an exclusion agreement], or
(c) include a carbon intensity record in a report referred to in subsection (2)
contravenes this section if the report or record, as applicable, does not completely and accurately disclose the information required to be included in that report or record.
(2) Subsection (1) applies to the following reports:
(a) a Part 2 compliance report;
(b) a Part 3 compliance report;
(c) a supplementary report under section 3 (2) [Part 2 compliance reports] or 7 (2) [Part 3 compliance reports] of the Act;
(e) an exclusion report under section 11.032 (1) [exclusion reports in relation to exclusion agreements];
(f) a report under section 11.101 (1) (b) [application for validation of credits];
(g) a report under section 29 [transition — transferring debits and validated credits].
(3) Subsection (1) does not apply in relation to a carbon intensity record received by the person under section 11.031 (2) or (6) [record provided by other party to exclusion agreement or by the director].
(4) A person who is required to provide additional information under any of the following contravenes this section if the additional information provided is incomplete or inaccurate:
(a) section 3 (4) (b) [Part 2 compliance reports] of the Act;
(b) section 7 (4) (b) [Part 3 compliance reports] of the Act;
(c) section 6.4 (1) or (2) [additional information in support of reports and records].
[en. B.C. Reg. 287/2016, App. 1, s. 2.]
Fuel identification requirements
6.3 (1) Subject to subsection (2), if the director has published, on a publicly accessible website maintained by the ministry of the minister, a system for categorizing or describing fuels, the reports and records referred to in section 6.2 (1) [requirement for complete and accurate reports and records] must identify fuels in accordance with the system as it is published at the time that the report is submitted or the record provided.
(2) Subsection (1) does not apply in relation to a carbon intensity record received under section 11.031 (2) or (6) [record provided by other party to exclusion agreement or by the director] by the purchasing Part 3 fuel supplier.
[en. B.C. Reg. 287/2016, App. 1, s. 2.]
Additional information in support of reports and records
6.4 (1) The director may require a person who submits a report under any of the following to provide additional information in support of the report:
(a) section 7.2 (2) (b) [exemption report for Part 2 fuel supplier];
(b) section 11.022 (2) (b) [exemption report for Part 3 fuel supplier];
(c) section 11.032 (1) [reports in relation to exclusion agreements];
(d) section 11.101 (1) (b) [application for validation of credits];
(e) section 29 [transition — transferring debits and validated credits].
(2) The director may require a person who
(a) provides a carbon intensity record under section 11.031 (5) [director may require record], or
(b) includes a carbon intensity record in a Part 3 compliance report under section 11.08 (4.1) [record required for each Part 3 fuel reported]
to provide additional information in support of the record.
(3) A person who is required to provide additional information under subsection (1) or (2) of this section or section 3 (4) (b) [Part 2 compliance reports] or 7 (4) (b) [Part 3 compliance reports] of the Act must provide the additional information
(a) by the date specified by the director, and
(b) if applicable, in the manner and form specified by the director.
(4) If required by the director, a person required to provide additional information as referred to in subsection (3) must include with the additional information a signed statement of the officer or employee who is providing the additional information on behalf of the person
(a) confirming that a record evidencing the individual's authority to provide the additional information on behalf of the person is available on request, and
(b) containing the following statement:
I certify that the information provided is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of the information to be provided.
(5) For the purposes of subsection (4),
(a) section 9 (6) [records evidencing a matter] applies in relation to additional information requested from a Part 2 fuel supplier or in relation to Part 2 fuel, and
(b) section 11.08 (9) [records evidencing a matter] applies in relation to additional information requested from a Part 3 fuel supplier or in relation to Part 3 fuel.
(6) A person required to provide additional information under this section must retain records necessary for the person to demonstrate compliance with the requirement as follows:
(a) the records must be maintained at the person's principal place of business in British Columbia, if any, or the place of business of the person's attorney, otherwise;
(b) the records must be retained for the 7 years that apply under this regulation to retention of records in relation to the report or carbon intensity record to which the additional information requirement is related.
[en. B.C. Reg. 287/2016, App. 1, s. 2.]
Part 2 — Requirements in Relation to Renewable Fuels
Requirements for renewable fuel content
7 (1) A Part 2 fuel supplier must ensure that the volume of diesel class fuel it supplies in a compliance period contains at least 4% renewable fuel content by volume.
(2) A Part 2 fuel supplier must ensure that the volume of gasoline class fuel it supplies in a compliance period contains at least 5% renewable fuel content by volume.
(3) For the purposes of subsections (1) and (2), the percentage of renewable fuel by volume must be calculated using the following formula:
| (RF supplied − RF transferred out + RF transferred in − RF retained + RF credit + RF deferred − RF added) F supplied | × 100 |
| where | ||
| RFsupplied | = | the volume of renewable fuel supplied by the Part 2 fuel supplier in the compliance period; |
| RFtransferred out | = | the volume of renewable fuel notionally transferred by the fuel supplier under section 5 (1) (a) of the Act for the compliance period; |
| RFtransferred in | = | the volume of renewable fuel notionally transferred to the fuel supplier under section 5 (1) (b) of the Act for the compliance period; |
| RFretained | = | the volume of renewable fuel retained by the fuel supplier under section 5 (3) (a) of the Act for the compliance period; |
| RFcredit | = | the volume of renewable fuel credited by the fuel supplier under section 5 (3) (b) of the Act for the compliance period; |
| RFdeferred | = | the volume of renewable fuel deferred by the fuel supplier under section 5 (4) (a) of the Act for the compliance period; |
| RFadded | = | the volume of renewable fuel added by the fuel supplier under section 5 (4) (b) of the Act for the compliance period; |
| Fsupplied | = | the volume of Part 2 fuel supplied by the Part 2 fuel supplier in the compliance period. |
[am. B.C. Regs. 320/2009, s. 7; 338/2010, Sch. s. 3; 379/2010; 232/2011, s. 1; 335/2012, Sch. 1, s. 4 and Sch. 2, s. 1.]
Retaining, deferring and transferring renewable fuel obligations
7.1 (1) Each Part 2 fuel supplier that is a party to a notional transfer of renewable fuel under section 5 (1) of the Act must ensure the transfer occurs in a manner that ensures accurate records are kept of the matters that must be reported under section 9 (4) of this regulation in respect of the transfer.
(2) For the purposes of section 5 (3) (a) of the Act, 5% of the Part 2 fuel supplier's renewable fuel obligation in respect of each of gasoline class fuel and diesel class fuel for the compliance period is prescribed as the amount that may be notionally retained and applied towards that Part 2 fuel supplier's renewable fuel obligation in respect of gasoline class fuel or diesel class fuel, as applicable, for the next compliance period.
(3) For the purposes of section 5 (4) (a) of the Act, 5% of the Part 2 fuel supplier's renewable fuel obligation in respect of each of gasoline class fuel or diesel class fuel for the compliance period is prescribed as the amount that may be deferred and added to that Part 2 fuel supplier's renewable fuel obligation in respect of gasoline class fuel or diesel class fuel, as applicable, for the next compliance period.
(4) Repealed. [B.C. Reg. 335/2012, Sch. 1, s. 5.]
[en. B.C. Reg. 338/2010, Sch. s. 4; am. B.C. Regs. 335/2012, Sch. 1, s. 5; 190/2016, App. 1, s. 4.]
Exemption from renewable fuel content requirements
7.2 (1) The director may, on application by a Part 2 fuel supplier, exempt the Part 2 fuel supplier from section 2 [requirements for renewable fuel content] of the Act for a compliance period if
(a) the Part 2 fuel supplier supplies in the compliance period not more than the volume of Part 2 fuels that is specified in subsection (1.1), and
(b) the director is satisfied that
(i) the Part 2 fuel supplier has not been designated under section 4 (2) [application to become a Part 2 fuel supplier] of the Act as a Part 2 fuel supplier for the compliance period,
(ii) the Part 2 fuel supplier has not notionally transferred fuel under section 5 (1) (a) [transferring or retaining renewable fuel excess or deficiency] of the Act, and
(iii) the total of the Part 2 fuel supplied in the compliance period by the Part 2 fuel supplier and its affiliates is not more than the amount referred to in paragraph (a).
(1.1) For the purposes of subsection (1) (a) and section 11.022 (1) (a), the volume of Part 2 fuels specified for a compliance period set out in Column 1 of the Table to this subsection is the volume set out opposite that period in Column 2.
| Table |
| COLUMN 1 Compliance Period | COLUMN 2 Volume of Fuel (L) |
| 2020 | 75 000 000 |
| 2021 | 25 000 000 |
| 2022 and subsequent compliance periods | 200 000 |
(2) An application under subsection (1) must
(a) be made in the manner and form specified by the director, and
(b) include an exemption report in the form specified by the director.
(3) Section 9 (3) [identifying and contact information], as it applies to a compliance report, applies to an exemption report under this section.
(4) An exemption report under this section must set out the following information for the compliance period set out under paragraph (a):
(a) the compliance period to which the report relates;
(b) the volume of Part 2 fuel supplied by the Part 2 fuel supplier;
(c) if the Part 2 fuel supplier has affiliates who are also Part 2 fuel suppliers, the legal names and addresses of those affiliates and the volume of Part 2 fuel supplied by each of those affiliates in that compliance period.
(5) An exemption report under this section must be signed by the officer or employee referred to in section 9 (3) (c) and include a signed statement of that individual
(a) confirming that the Part 2 fuel supplier meets the criteria set out in subsection (1) (b),
(i) that records evidencing the volume of Part 2 fuel supplied in the compliance period are available on request, and
(ii) that a record evidencing the individual's authority to submit the report on behalf of the Part 2 fuel supplier is available on request, and
(c) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of that information to be provided.
(6) Section 9 (6) (a) [records evidencing a matter] applies for the purposes of evidencing the volume of Part 2 fuel reported under subsection (4) (b).
(7) If a Part 2 fuel supplier is granted an exemption under subsection (1) for a compliance period,
(a) the exemption report under this section is the Part 2 fuel supplier's Part 2 compliance report for the compliance period, and
(b) subject to subsection (6), section 9 (4) to (7) does not apply to the Part 2 fuel supplier for the compliance period.
(8) A Part 2 fuel supplier that is granted an exemption under subsection (1) for a compliance period must maintain, at the address referred to in section 9 (3) (d), books of accounts and the records referred to in subsection (5) (b) (i) of this section for a period of 7 years after the end of that compliance period.
[en. B.C. Reg. 287/2016, App. 1, s. 3; am. B.C. Regs. 287/2016, App. 2, s. 2; 178/2020, s. 2.]
Application to be a Part 2 fuel supplier
7.21 An application for the purposes of section 4 (1) of the Act must include all the following:
(a) legal name and business addresses of the applicant;
(b) nature of the applicant's business;
(c) names of the owners or, if the applicant is a corporation, the names and addresses of the directors;
(d) a description of the business activities in respect of which the applicant wishes to be designated as a Part 2 fuel supplier;
(e) other information requested by the director.
[en. B.C. Reg. 335/2012, Sch. 1, s. 7.]
Renewable fuel labelling requirements
7.3 (1) A person that provides to a purchaser
(a) gasoline class fuel that contains more than 10% ethanol, or
(b) diesel class fuel that contains more than 5% biodiesel
must comply with subsection (2).
(2) In the circumstances described in subsection (1), the person must
(a) if fuel is provided from fuel dispensing equipment that displays the volume of fuel dispensed and the price of that fuel, post a label on the fuel dispensing equipment in accordance with subsection (3), and
(b) if fuel is provided from fuel dispensing equipment that does not display the volume or price of the fuel dispensed, give notice in accordance with subsection (4).
(3) A label for the purposes of subsection (2) (a) must
(a) be placed on the fuel dispensing equipment near where the fuel volume and price are displayed so that the label is visible to a person to whom the volume and price are visible,
(b) be in good condition and resistant to automotive fuel, oil, grease, solvents, detergents and water,
(c) be able to withstand extremes of weather for at least one year,
(d) measure not less than 7.5 cm in width and 6.5 cm in height,
(e) be divided horizontally into 2 bands,
(i) the top band of which must be not less than 2.5 cm in height and have a black background with coloured print that is
(A) not less than 18 point Helvetica bold or Arial bold font,
(B) not less than 0.3 cm from the edges, and
(C) centered horizontally and vertically within the band, and
(ii) the bottom band of which must be not less than 4 cm in height and have a coloured background with black print that is
(A) not less than 14 point Helvetica bold or Arial bold font,
(B) not less than 0.3 cm from the edges, and
(C) centered horizontally and vertically within the band,
(f) in the case of a label respecting biodiesel content, use non-fade Blue: PMS 277 ink for the print in the top band and the background in the bottom band,
(g) in the case of a label respecting ethanol content, use non-fade Orange: PMS 1495 ink for the print in the top band and the background in the bottom band, and
(h) set out the range of biodiesel or ethanol, as applicable, contained in the fuel using words or phrases approved by the director.
(4) In the circumstances described in subsection (2) (b), the person must provide to the purchaser an invoice, bill of lading, shipping paper or other document that has clearly set out on it the type and range of renewable fuel contained in the fuel provided.
[en. B.C. Reg. 338/2010, Sch. s. 6; am. B.C. Reg. 335/2012, Sch. 1, s. 8.]
Compliance period
8 The compliance period for the purposes of section 2 of the Act is the calendar year.
Part 2 compliance reports
9 (1) In this section, "attorney" and "head office" have the same meanings as in the Business Corporations Act.
(2) A Part 2 compliance report must be provided to the director on or before March 31 of the calendar year following the compliance period.
(3) A Part 2 compliance report must set out, as applicable, all the following identifying and contact information respecting the Part 2 fuel supplier:
(c) name of the officer or employee submitting the report on behalf of the Part 2 fuel supplier;
(d) address of the head office in British Columbia, if applicable, and otherwise, the name and address of the corporation's attorney in British Columbia, including, as applicable, street address, postal address, city and postal code;
(e) telephone and fax numbers;
(4) A Part 2 compliance report must set out, as applicable, all the following information in relation to the Part 2 fuel supplier for the compliance period set out under paragraph (a):
(a) the compliance period to which the report relates;
(b) the volume of renewable fuel supplied;
(c) the volume of renewable fuel notionally transferred to the Part 2 fuel supplier under section 5 (1) of the Act;
(d) for each Part 2 fuel supplier from which the Part 2 fuel supplier received a notional transfer of renewable fuel,
(i) the legal name and address of that Part 2 fuel supplier, and
(ii) the volume of renewable fuel notionally transferred;
(e) the volume of renewable fuel notionally transferred by the Part 2 fuel supplier under section 5 (1) of the Act;
(f) for each Part 2 fuel supplier to which the Part 2 fuel supplier notionally transferred Part 2 fuel,
(i) the legal name and address of that Part 2 fuel supplier, and
(ii) the volume of renewable fuel notionally transferred;
(g) the volume of Part 2 fuel supplied in the compliance period;
(h) a record and the result of the calculation under section 7 (3) [requirements for renewable fuel content];
(i) the volume of the Part 2 fuel supplier's renewable fuel obligation the Part 2 fuel supplier is deferring for the compliance period under section 7.1 (3);
(j) the volume of renewable fuel the Part 2 fuel supplier is adding to its renewable fuel obligation for the compliance period from deferrals under section 7.1 (3) in previous compliance periods;
(k) the volume of renewable fuel the Part 2 fuel supplier supplied in the compliance period the Part 2 fuel supplier is retaining under section 7.1 (2) for credit in the next compliance period;
(l) the volume of renewable fuel the Part 2 fuel supplier is applying to its renewable fuel obligation for the compliance period from the previous compliance period.
(5) A Part 2 compliance report must be signed by the officer or employee referred to in subsection (3) (c) and include a signed statement of that individual
(i) that records evidencing the renewable nature of all of the renewable fuel supplied in the compliance period are available on request,
(ii) that records evidencing each matter reported under subsection (4) (b) to (g) are available on request, and
(iii) that a record evidencing the individual's authority to submit the report on behalf of the Part 2 fuel supplier is available on request, and
(b) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of that information to be provided.
(6) For the purposes of subsection (5), records evidencing a matter include, but are not limited to, the following types of records:
(a) dated bills of lading, invoices, sales receipts, records of payments, records of metered values and records of transactions for the volume of each class of Part 2 fuels reported under subsection (4) as supplied in a compliance period;
(b) dated contracts, records of transfer, invoices and records of payments for volumes of renewable fuel notionally transferred to or by the Part 2 fuel supplier in the compliance period.
(7) A Part 2 compliance report must be submitted in the manner and form specified by the director.
[am. B.C. Regs. 338/2010, Sch. s. 7; 335/2012, Sch. 1, s. 9 and Sch. 2, s. 2; 50/2016, s. 13; 287/2016, App. 1, s. 4.]
Supplementary Part 2 compliance report
10 A supplementary compliance report referred to in section 3 (3) of the Act must
(a) comply with section 9 [Part 2 compliance reports] of this regulation, and
(b) indicate which information is different from the information provided in the Part 2 compliance report it supplements.
Records
11 (1) A Part 2 fuel supplier must retain at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, books of accounts and the records necessary for the fuel supplier to demonstrate compliance with section 2 of the Act for a compliance period.
(2) Records referred to in subsection (1) must be retained for 7 years after the end of the compliance period to which they relate.
Part 2.1 — Requirements in Relation to Carbon Intensity of Fuels
Compliance periods
11.01 (1) The compliance period for the purposes of section 6 of the Act is the calendar year.
(2) Repealed. [B.C. Reg. 190/2016, App. 1, s. 5 (b).]
[en. B.C. Reg. 232/2011, s. 3; am. B.C. Reg. 190/2016, App. 1, s. 5.]
Low carbon fuel requirement
11.02 (1) For the purposes of the formula set out in section 6 (4) [Part 3 fuels: calculation of credits or debits] of the Act, for a compliance period set out in Column 1 of Table 1,
(a) the carbon intensity limit for gasoline class fuel is the limit set out in Column 3 opposite the compliance period, and
(b) the carbon intensity limit for diesel class fuel is the limit set out in Column 2 opposite the compliance period.
| COLUMN 1 Compliance Period | COLUMN 2 Carbon Intensity Limit for Diesel Class Fuel | COLUMN 3 Carbon Intensity Limit for Gasoline Class Fuel |
| (g CO2e/MJ) | (g CO2e/MJ) | |
| 2022 | 84.08 | 78.20 |
| 2023 | 81.86 | 76.14 |
| 2024 | 79.64 | 74.08 |
| 2025 | 77.42 | 72.02 |
| 2026 | 75.21 | 69.95 |
| 2027 | 72.99 | 67.89 |
| 2028 | 70.77 | 65.83 |
| 2029 | 68.55 | 63.76 |
| 2030 and subsequent compliance periods | 66.33 | 61.70 |
(2) For the purposes of the formula set out in section 6 (4) of the Act,
(a) the energy effectiveness ratio for a diesel class fuel set out in Column 1 of Table 2 is the ratio set out in Column 2 opposite the fuel, and
(b) the energy effectiveness ratio for a gasoline class fuel set out in Column 1 of Table 2 is the ratio set out in Column 3 opposite the fuel.
| COLUMN 1 Fuel | COLUMN 2 Diesel Class Fuel Energy Effectiveness Ratio | COLUMN 3 Gasoline Class Fuel Energy Effectiveness Ratio |
| Petroleum-based diesel fuel or renewable fuel in relation to diesel class fuel | 1.0 | Not applicable |
| Petroleum-based gasoline, natural gas-based gasoline or renewable fuel in relation to gasoline class fuel | Not applicable | 1.0 |
| Hydrogen | 1.9 | 2.5 |
| LNG | 1.0 | Not applicable |
| CNG | 0.9 | 1.0 |
| Propane | 1.0 | 1.0 |
| Electricity | 2.7 | 3.4 |
(3) For the purposes of the formula in section 6 (4) of the Act, for a fuel set out in Column 1 of Table 3, the energy content of the fuel is the energy density, set out in Column 2 opposite that fuel, multiplied by the quantity of that fuel supplied by the Part 3 fuel supplier in the applicable compliance period.
| COLUMN 1 Fuel | COLUMN 2 Energy Density/Unit |
| Petroleum-based diesel fuel or diesel fuel produced from biomass | 38.65 MJ/L |
| Hydrogenation-derived renewable diesel fuel | 36.51 MJ/L |
| Biodiesel | 35.40 MJ/L |
| Petroleum-based gasoline, natural gas-based gasoline or gasoline produced from biomass | 34.69 MJ/L |
| Naphtha produced from biomass | 32.76 MJ/L |
| Ethanol | 23.58 MJ/L |
| Hydrogen | 141.24 MJ/kg |
| LNG | 52.46 MJ/kg |
| CNG | 37.85 MJ/m3 |
| Propane | 25.47 MJ/L |
| Electricity | 3.60 MJ/kWh |
(4) For the purposes of the formula in section 6 (4) of the Act,
(a) the carbon intensity for petroleum-based diesel fuel is 94.76 g CO2e/MJ,
(b) the carbon intensity for petroleum-based gasoline is 88.14 g CO2e/MJ,
(c) default carbon intensities referred to in section 6 (5) (d) (i) of the Act are set out in section 11.04 of this regulation,
(d) the calculation referred to in section 6 (5) (d) (ii) (A) of the Act is described in section 11.06 of this regulation, and
(e) the procedure for proposing an alternative method referred to in section 6 (5) (d) (ii) (B) of the Act is set out in section 11.07 of this regulation.
[en. B.C. Reg. 335/2012, Sch. 1, s. 10; am. B.C. Regs. 141/2015, ss. 3 and 4; 190/2016, App. 1, s. 6; 287/2016, App. 2, ss. 3 to 5; 178/2020, s. 3; 196/2021, App. 2, s. 3; 280/2022, s. 1.]
Exemption from low carbon fuel requirements
11.022 (1) The director may, on application by a Part 3 fuel supplier, exempt the Part 3 fuel supplier from section 6 (1) [low carbon fuel requirement] of the Act for a compliance period if
(a) the Part 3 fuel supplier supplies Part 2 fuels in the compliance period, but not more than the volume of Part 2 fuels that is specified in section 7.2 (1.1) of this regulation, and
(b) the director is satisfied that the following criteria are met:
(i) the Part 3 fuel supplier has not been designated under section 7.1 (2) [application to become a Part 3 fuel supplier] of the Act as a Part 3 fuel supplier for the compliance period;
(ii) the Part 3 fuel supplier has not transferred or acquired debits under section 8 (2) [transferring credits and debits] of the Act in the compliance period;
(iii) the Part 3 fuel supplier has not had credits validated under section 8 (4) [validation required before credit transferred] of the Act as credits generated in the compliance period;
(iv) the Part 3 fuel supplier has not entered into an agreement under section 8.01 [agreement with director] of the Act in relation to the compliance period;
(v) the total of the Part 2 fuel supplied in the compliance period by the Part 3 fuel supplier and its affiliates, if any, is not more than the amount referred to in paragraph (a).
(2) An application under this section must
(a) be made in the manner and form specified by the director, and
(b) include an exemption report in the form specified by the director.
(3) Section 11.08 (3) [identifying and contact information], as it applies to a compliance report, applies to an exemption report under this section.
(4) An exemption report under this section must set out the following information for the compliance period set out under paragraph (a):
(a) the compliance period to which the report relates;
(b) the volume of Part 2 fuel supplied by the Part 3 fuel supplier;
(c) if the Part 3 fuel supplier has affiliates who are also Part 3 fuel suppliers, the legal names and addresses of those affiliates and the volume of Part 2 fuel supplied by each of those affiliates in that compliance period.
(5) An exemption report under this section must be signed by the officer or employee referred to in section 11.08 (3) (c) and include a signed statement of that individual
(a) confirming that the Part 3 fuel supplier meets the criteria set out under subsection (1) (b),
(i) that the records evidencing the volume of Part 2 fuel supplied in the compliance period are available on request, and
(ii) that a record evidencing the individual's authority to submit the report on behalf of the Part 3 fuel supplier is available on request, and
(c) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of that information to be provided.
(6) Section 9 (6) (a) [records evidencing a matter] applies for the purposes of evidencing the volume of Part 2 fuel reported under subsection (4) (b).
(7) If a Part 3 fuel supplier is granted an exemption under subsection (1) for a compliance period,
(a) the exemption report under this section is the Part 3 fuel supplier's Part 3 compliance report for the compliance period, and
(b) section 11.08 (4) to (10) does not apply to the Part 3 fuel supplier for the compliance period.
(8) A Part 3 fuel supplier that is granted an exemption under subsection (1) for a compliance period must maintain, at the address referred to in section 11.08 (3) (d), books of accounts and the records referred to in subsection (5) (b) (i) of this section for a period of 7 years after the end of that compliance period.
[en. B.C. Reg. 287/2016, App. 1, s. 5; am. B.C. Regs. 287/2016, App. 2, s. 6; 178/2020, s. 4.]
Application to be a Part 3 fuel supplier
11.023 An application for the purposes of section 7.1 (1) of the Act must include all the following:
(a) legal name and business addresses of the applicant;
(b) nature of the applicant's business;
(c) names of the owners or, if the applicant is a corporation, the names and addresses of the directors;
(d) a description of the business activities in respect of which the applicant wishes to be designated as a Part 3 fuel supplier;
(e) other information requested by the director.
[en. B.C. Reg. 335/2012, Sch. 1, s. 11.]
Carbon intensity and fuel records required in relation to exclusion agreements
11.031 (1) This section applies to a person who, in a compliance period, sells Part 3 fuel under an exclusion agreement to a Part 3 fuel supplier.
(2) Subject to subsection (3), the person must provide the following information to the purchasing Part 3 fuel supplier in relation to each transfer of Part 3 fuel under the exclusion agreement:
(a) a carbon intensity record in accordance with section 11.071 [carbon intensity records — content requirements] for each Part 3 fuel transferred;
(b) identification and quantity of the fuel to which the carbon intensity record relates.
(3) Subsection (2) does not apply in relation to petroleum-based gasoline or petroleum-based diesel fuel.
(4) The information required under subsection (2) must be provided to the purchaser by the earlier of the following dates:
(a) the date that is 30 days after the person receives a written request from the purchaser for the information;
(b) January 31 of the calendar year following the compliance period.
(5) On request of the director, the person must provide to the director the information referred to in subsection (2) by the date specified by the director.
(6) The director may provide information provided under subsection (5) to the purchaser entitled to receive it under subsection (2).
[en. B.C. Reg. 287/2016, App. 1, s. 6.]
Exclusion reports required in relation to exclusion agreements
11.032 (1) A person who sells or purchases Part 3 fuel under an exclusion agreement in a compliance period must submit to the director an exclusion report in accordance with this section for the compliance period.
(2) An exclusion report must be submitted to the director on or before March 31 of the calendar year following the compliance period.
(3) An exclusion report must set out, as applicable, all the following identifying and contact information respecting the person:
(c) name of the officer or employee submitting the report on behalf of the person;
(d) the address of the head office in British Columbia, if applicable, and otherwise, the name and address of the corporation's attorney in British Columbia, including, as applicable, street address, postal address, city and postal code;
(e) telephone and fax numbers;
(4) An exclusion report must set out all the following information in relation to the person for the compliance period set out under paragraph (a):
(a) the compliance period to which the report relates;
(b) for each type of Part 3 fuel that the person purchased under exclusion agreements,
(i) the legal names and addresses of the sellers,
(ii) the quantity of that type of Part 3 fuel that the person purchased under the exclusion agreements, and
(iii) the quantity of that type of Part 3 fuel that the person purchased under the exclusion agreements and did not sell under exclusion agreements or supply;
(c) for each type of Part 3 fuel that the person sold under exclusion agreements,
(i) the legal names and addresses of the purchasers, and
(ii) the quantity of that type of Part 3 fuel that the person sold under exclusion agreements.
(5) An exclusion report must be signed by the officer or employee referred to in subsection (3) (c) and include a signed statement of that individual
(i) that records evidencing each matter reported under subsection (4) (b) or (c) are available on request, and
(ii) that a record evidencing the individual's authority to submit the report on behalf of the person is available on request, and
(b) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of that information to be provided.
(6) For the purposes of subsection (5), section 11.08 (9) applies to an exclusion report.
(7) An exclusion report must be submitted in the manner and form specified by the director.
(8) A person who is required to submit an exclusion report for a compliance period must maintain at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, books of accounts and the records referred to in subsection (5) (a) (i) for a period of 7 years after the end of that compliance period.
[en. B.C. Reg. 287/2016, App. 1, s. 6.]
Default carbon intensity
11.04 For the purposes of section 6 (5) (d) (i) of the Act, the carbon intensity for a Part 3 fuel set out in Column 1 of the Table to this section is deemed to be the carbon intensity set out in Column 2 opposite the fuel.
| COLUMN 1 Fuel | COLUMN 2 Carbon Intensity |
| (g CO2e/MJ) | |
| Renewable fuel in relation to diesel class fuel | 98.96 |
| Propane | 75.35 |
| Renewable fuel in relation to gasoline class fuel | 88.14 |
| Natural gas-based gasoline | 90.07 |
| LNG | 112.65 |
| CNG | 63.64 |
| Electricity | 19.73 |
| Hydrogen | 96.82 |
[en. B.C. Reg. 335/2012, Sch. 1, s. 11; am. B.C. Regs. 141/2015, s. 5; 287/2016, App. 2, s. 7.]
Carbon intensity components attributable to fuel
"fuel production facility" means a facility that manufactures or produces fuel from feedstock or using natural resources;
"fuelling station" means a facility equipped to dispense fuel into fuel tanks or batteries of vehicles or vessels and includes a retail service station, a card lock, or a facility used primarily to fuel a fleet of vehicles or vessels;
"net greenhouse gas emissions", used in relation to a stage in the life cycle of a fuel, includes all greenhouse gases emitted or absorbed in any process or activity that is part of that stage, whether or not the process or activity is specifically mentioned in the description of the stage in subsection (3), unless those greenhouse gases are specifically taken into account in another stage.
(2) For the purpose of determining the carbon intensity of a fuel, the net greenhouse gas emissions from each stage, as described in subsection (3), that occurs in the life cycle of the fuel, is established as a component deemed attributable to that fuel.
(3) For the purposes of subsection (2), the following stages of the life cycle of a fuel are established:
"carbon dioxide and hydrogen sulphide removed from natural gas" means the activities and processes associated with removing carbon dioxide and hydrogen sulphide from natural gas;
"carbon from air incorporated in fuel" means the processes by which carbon is incorporated in biological feedstock in the feedstock production process;
"co-products production" means the production of usable products, other than the fuel being analyzed, in a fuel production process, whether the co-product is produced at the point of feedstock recovery or at the fuel production facility;
"direct land use change" means the activities and processes associated with changing the use of land from another use to
(a) feedstock production and recovery,
(c) roads for access to feedstock or an energy source,
(d) feedstock exploration activities, or
(e) pipelines, transmission lines or other means of transporting feedstock or fuel;
"feedstock production and recovery" means activities and processes associated with producing and recovering feedstock, including, without limitation, processing, handling and storage that occurs before transporting the feedstock to a fuel production facility;
"feedstock transport" means activities and processes associated with transporting feedstock from the location of production or recovery to a fuel production facility, including, without limitation, the manufacture and maintenance of vehicles, vessels and pipelines used for transporting and leaks and spills that occur in the process of transferring the feedstock to a means of transportation;
"fertilizer and pesticide manufacture" means activities and processes associated with the use of fertilizers and pesticides for agricultural feedstock, including, without limitation, recovering and transporting raw materials and manufacturing, transporting and using fertilizers and pesticides;
"fuel dispensing" means activities and processes associated with the transfer of fuel from storage at a fuelling station into a vehicle or vessel for use in the engine of that vehicle or vessel or a device necessary for the intended use of the vehicle or vessel, including, without limitation, leaks and spills that occur in the transfer process;
"fuel production" means activities and processes associated with manufacturing or producing fuel at a fuel production facility, including, without limitation, fugitive emissions, flaring and leaks of substances during the fuel production process;
"fuel storage and distribution" means activities and processes associated with storing, handling and transporting fuel from the fuel production facility to and at the fuelling station;
"leaks and flaring" means fugitive emissions, leaks and flaring of substances during feedstock production and recovery;
"vehicle or vessel operation" means the consumption of fuel in the operation of vehicles and vessels, including, without limitation, in the operation of any device necessary to the intended operation or use of the vehicle or vessel.
[en. B.C. Reg. 320/2009, s. 8.]
Carbon intensity by component — calculation
11.06 (1) In this section, "approved GHGenius" means a version of GHGenius approved by the director for the applicable compliance period.
(2) For the purposes of section 6 (5) (d) (ii) (A) of the Act, the carbon intensities for the components must be calculated using an approved GHGenius.
[en. B.C. Reg. 320/2009, s. 8; am. B.C. Reg. 335/2012, Sch. 1, s. 12.]
Carbon intensity by component — alternative method
11.07 (1) For the purposes of section 6 (5) (d) (ii) (B) of the Act, a person may apply to the director for approval of an alternative method by submitting a proposal in writing so that it is received by the director on or before the end of the compliance period for which approval of the alternative method is requested.
(2) A proposal under subsection (1) must include the following information:
(c) name of the person submitting the proposal on behalf of the applicant;
(d) the address of the applicant, including, as applicable, street address, postal address, city and postal code;
(e) telephone and fax numbers;
(f) name and contact information for a person who can be contacted for additional information;
(g) the alternative method proposed for determining the carbon intensity of a component and an explanation of the basis on which the applicant asserts that the alternative method results in a more accurate determination of the carbon intensity for the component than is determined under section 11.06 for that component;
(h) any other information the applicant considers relevant to the application.
(3) An applicant must provide further information in respect of an application under this section on request of the director.
(4) A proposal under subsection (1) and further information provided under subsection (3) must be signed by the officer or employee referred to in subsection (2) (c) and include the following statement:
I certify that the information in this proposal is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of that information to be provided.
(5) For the purposes of subsection (4), records evidencing a matter include, but are not limited to, scientifically defensible materials, including refereed journals.
(6) The director must provide an applicant under subsection (1) with an opportunity to be heard before deciding to refuse to accept the alternative method.
(7) An opportunity to be heard for the purposes of subsection (6) may be provided, as the director considers appropriate in the circumstances,
(b) in writing, including by facsimile transmission or electronic mail, or
(c) by video conference, audio conference, telephone or other electronic means, if available.
(8) The director must include written reasons with a decision referred to in section 6 (7) of the Act.
[en. B.C. Reg. 320/2009, s. 8; am. B.C. Regs. 232/2011, s. 6; 335/2012, Sch. 1, s. 13; 287/2016, App. 1, s. 7.]
Carbon intensity records — content requirements
11.071 (1) A carbon intensity record must set out the following for each Part 3 fuel to which it relates:
(a) the carbon intensity of the Part 3 fuel;
(b) which of the provisions of the Act was relied on to determine the carbon intensity of the Part 3 fuel:
(v) section 6 (5) (d) (ii) (A);
(vi) section 6 (5) (d) (ii) (B);
(c) the following information, as applicable:
(i) if the person required to provide the carbon intensity record determined the carbon intensity of the Part 3 fuel using a carbon intensity published in accordance with section 6 (5) (c) of the Act, the fuel code shown for the Part 3 fuel in that publication;
(ii) if the person required to provide the carbon intensity record determined the carbon intensity of the Part 3 fuel using the method referred to in section 6 (5) (d) (ii) (A) of the Act, a record of inputs to an approved GHGenius, as defined in section 11.06 (1) of this regulation, and any additional information necessary to reproduce, using the approved GHGenius, the result submitted;
(iii) if the person required to provide the carbon intensity record determined the carbon intensity of the Part 3 fuel using the method referred to in section 6 (5) (d) (ii) (B) of the Act, a copy of the director's approval of an alternative method and, if the alternative method uses a spreadsheet model designed for the same purposes as GHGenius or uses another electronic method of calculating carbon intensity, a record of inputs to the spreadsheets for that alternative method or to the electronic calculation, as applicable.
(2) A carbon intensity record for a blend of Part 3 fuels must
(a) set out the proportion of each Part 3 fuel in the blend, and
(b) include carbon intensity records that conform to subsection (1) for each Part 3 fuel in the blend.
(3) A carbon intensity record must be in the form specified by the director.
[en. B.C. Reg. 287/2016, App. 1, s. 8.]
Part 3 compliance reports
11.08 (1) In this section, "attorney" and "head office" have the same meanings as in the Business Corporations Act.
(2) A Part 3 compliance report must be provided to the director on or before March 31 of the calendar year following the compliance period.
(2.1) Repealed. [B.C. Reg. 190/2016, App. 1, s. 7 (b).]
(3) A Part 3 compliance report must set out, as applicable, all the following identifying and contact information respecting the Part 3 fuel supplier:
(c) name of the officer or employee submitting the report on behalf of the Part 3 fuel supplier;
(d) the address of the head office in British Columbia, if applicable, and otherwise, the name and address of the corporation's attorney in British Columbia, including, as applicable, street address, postal address, city and postal code;
(e) telephone and fax numbers;
(4) A Part 3 compliance report must set out, as applicable, all the following information in relation to the Part 3 fuel supplier for the compliance period set out under paragraph (a):
(a) the compliance period to which the report relates;
(b) the quantity of each Part 3 fuel supplied in the compliance period and included in the calculation under section 6 (4) of the Act;
(c) to (c.2) Repealed. [B.C. Reg. 287/2016, App. 1, s. 9 (a).]
(d) the quantity and expected use of each Part 3 fuel that
(i) was supplied by the Part 3 fuel supplier in the compliance period, and
(ii) is excluded under section 6 (3) of the Act from the calculation under section 6 (4) of the Act;
(e) for each Part 3 fuel supplier, in this paragraph called the "transferring Part 3 fuel supplier", from which the Part 3 fuel supplier acquired debits or validated credits,
(i) the legal name and address of the transferring Part 3 fuel supplier, and
(ii) the number of debits or validated credits acquired from the transferring Part 3 fuel supplier;
(f) for each Part 3 fuel supplier, in this paragraph called the "acquiring Part 3 fuel supplier" to which the Part 3 fuel supplier transferred debits or validated credits,
(i) the legal name and address of the acquiring Part 3 fuel supplier, and
(ii) the number of debits or validated credits transferred to the acquiring Part 3 fuel supplier.
(g) to (i) Repealed. [B.C. Reg. 335/2012, Sch. 1, s. 14 (b).]
(4.1) A Part 3 compliance report must include a carbon intensity record for each Part 3 fuel reported under subsection (4) (b).
(5) Repealed. [B.C. Reg. 287/2016, App. 1, s. 9 (c).]
(6) Repealed. [B.C. Reg. 335/2012, Sch. 1, s. 15.]
(7) A Part 3 compliance report must be signed by the officer or employee referred to in subsection (3) (c) and include a signed statement of that individual
(a) confirming, as applicable,
(i) that records evidencing the carbon intensity of all Part 3 fuel reported under subsection (4) (b) are available on request,
(ii) that records evidencing each matter reported under subsection (4) (b) to (f) are available on request, and
(iii) that a record evidencing the individual's authority to submit the report on behalf of the Part 3 fuel supplier is available on request, and
(b) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of that information be provided.
(8) Repealed. [B.C. Reg. 287/2016, App. 1, s. 9 (e).]
(9) For the purposes of subsection (7), records evidencing a matter include, but are not limited to, the following types of records:
(a) dated metered-values, bills of lading, invoices, sales receipts, records of payments and records of transactions for the quantity of each Part 3 fuel reported under subsection (4) as supplied in a compliance period;
(b) dated contracts, including, without limitation, Part 3 agreements, records of transfer, invoices and records of payments for the debits and validated credits transferred to or by the Part 3 fuel supplier in the compliance period;
(10) A Part 3 compliance report must be submitted in the manner and form specified by the director.
[en. B.C. Reg. 320/2009, s. 8; am. B.C. Regs. 338/2010, Sch. s. 12; 232/2011, s. 7; 335/2012, Sch. 1, ss. 14 to 16; 50/2016, s. 15; 190/2016, App. 1, s. 7; 287/2016, App. 1, s. 9; 178/2020, s. 5.]
Supplementary Part 3 compliance report
11.09 A supplementary compliance report referred to in section 7 (3) of the Act must
(a) comply with section 11.08 [compliance reports], and
(b) indicate which information is different from the information provided in the Part 3 compliance report it supplements.
[en. B.C. Reg. 320/2009, s. 8.]
Records
11.10 (1) A Part 3 fuel supplier must retain at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, books of accounts and the records necessary for the fuel supplier to demonstrate compliance with section 6 of the Act for a compliance period.
(2) Records referred to in subsection (1) must be retained for 7 years after the end of the compliance period to which they relate.
[en. B.C. Reg. 320/2009, s. 8.]
Application for validation of credits
11.101 (1) An application under section 8 (4) of the Act must
(a) be made in the manner and form specified by the director, and
(b) include a report in the form specified by the director.
(2) Section 11.08 (3) [identifying and contact information], as it applies to a compliance report, applies to a report under this section.
(3) A report under this section must set out
(a) the 3 month period to which the application relates, and
(b) the quantity of each Part 3 fuel supplied in that period.
(4) A report under this section must include the carbon intensity record for each Part 3 fuel reported under subsection (3) (b).
(5) A report under this section must be signed by the officer or employee referred to in section 11.08 (3) (c) and include a signed statement of that individual
(i) that records evidencing the carbon intensity of all Part 3 fuel reported under subsection (3) (b) are available on request, and
(ii) that a record evidencing the individual's authority to submit the report on behalf of the Part 3 fuel supplier is available on request, and
(b) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of that information be provided.
(6) For the purposes of subsection (5), section 11.08 (9) applies to a report under this section.
(7) A person that applies under this section in a compliance period must maintain at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, books of accounts and the records referred to in subsection (5) (a) (i) for a period of 7 years after the end of that compliance period.
[en. B.C. Reg. 287/2016, App. 1, s. 10.]
Transferring debits and validated credits
11.11 (1) A transfer of debits or validated credits under section 8 (2) of the Act
(a) is not effective unless the transfer is proposed in accordance with subsection (2) of this section and approved by the director, and
(b) takes effect on the later of the following dates:
(i) the date on which the transfer is approved by the director;
(ii) a date specified in the proposal.
(2) A proposal under this section must
(a) be submitted to the director in the form and manner specified by the director,
(b) include evidence satisfactory to the director that the transferor and the transferee both consent to the transfer, and
(c) include the following information:
(i) the legal name and address of the transferor;
(ii) the legal name and address of the transferee;
(iii) the number of debits or validated credits to be transferred;
(iv) whether the transfer is for consideration and, if so, the fair market value of the consideration in Canadian dollars per debit or validated credit to be transferred;
(v) any other information required by the director.
(3) Without limiting subsection (1) (a), the director may decline to approve a proposed transfer if
(a) the director considers that the intent of the transfer is to avoid compliance with the Act or this regulation, or
(b) the director is not satisfied that the transferor or transferee will be able to comply with section 6 of the Act.
(4) A person who is required under section 8 (10) of the Act to maintain records must maintain the records at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, for a period of 7 years after the end of the compliance period in which the transfer occurred.
(5) The director may disclose statistical information about transfers of debits and validated credits, including, without limitation, information respecting
(a) the numbers of debits or validated credits traded, and
(b) the average price per debit or validated credit traded.
[en. B.C. Reg. 190/2016, App. 2, s. 1; am. B.C. Regs. 287/2016, App. 1, s. 11; 178/2020, s. 6.]
Part 3 — Administrative Penalties
Prescribed contraventions
12 (1) The following contraventions of the Act are prescribed for the purposes of section 12 (1) [administrative penalties in relation to other matters] of the Act:
(a) a failure to provide a Part 2 fuel compliance report by the date it is due;
(b) a failure to provide a Part 3 fuel compliance report by the date it is due;
(c) a failure to provide a supplementary report under section 3 (2) [Part 2 compliance reports] or 7 (2) [Part 3 compliance reports] of the Act;
(d) a failure to give written notice required by section 6 (9) [change in carbon intensity] of the Act;
(e) a failure to retain records as required under section 8 (10) [transfers of credits and debits] of the Act.
(2) The following contraventions of this regulation are prescribed for the purposes of section 12 (1) of the Act:
(a) a contravention of section 6.2 [requirement for complete and accurate reports and records];
(b) a failure to comply with the requirements of section 6.3 [fuel identification requirements];
(c) a failure to provide additional information in accordance with section 6.4 [additional information in support of reports and records];
(d) any of the following in relation to section 7.3 [renewable fuel labelling requirements]:
(i) a failure to post a label in the circumstances required under subsection (1) of that section;
(ii) a failure to give notice in the circumstances required under subsection (1) of that section;
(iii) a failure to give notice in accordance with subsection (2) (b) of that section;
(iv) posting a label that does not meet the requirements of subsection (3) of that section;
(e) a failure to provide a carbon intensity record or other information required under section 11.031 (5) [director requirement for information related to exclusion agreement];
(f) a failure to provide a report required under section 11.032 (1) [exclusion reports in relation to exclusion agreements];
(g) a failure to retain books of accounts or records as required under any of the following:
(i) section 6.4 (6) [additional information in support of reports and records];
(ii) section 7.1 (1) [notional renewable fuel transfers];
(iii) section 7.2 (8) [exemption from renewable fuel requirements];
(iv) section 11 (1) or (2) [records for Part 2 fuel supplier];
(v) section 11.022 (8) [exemption from low carbon fuel requirements];
(vi) section 11.032 (8) [reports in relation to exclusion agreements];
(vii) section 11.10 (1) or (2) [records for Part 3 fuel supplier];
(viii) section 11.11 (4) [transferring debits and validated credits];
(ix) section 29 (6) [transition — transferring debits and validated credits].
(3) A failure to pay an administrative penalty when it is due under
(a) section 9 (2), 10 (2) or 11 (5) of the Act, or
(b) section 18 (2) of this regulation,
as applicable, is prescribed as a contravention for the purposes of section 12 (1) of the Act.
[en. B.C. Reg. 287/2016, App. 1, s. 12.]
Amount of administrative penalties
13 (1) For the purposes of sections 9 (1) [automatic administrative penalties] and 11 (2) [imposed administrative penalties: fuel requirements] of the Act, the penalty rate is
(a) $0.30/litre for gasoline class fuel, and
(b) $0.45/litre for diesel class fuel.
(1.1) For the purposes of sections 10 (1) and 11 (4) of the Act, the penalty rate is $600.
(2) The maximum amount of an administrative penalty that may be imposed for a contravention described in any of the following is $100 000:
(a) section 12 (1) (a) [Part 2 fuel compliance report];
(b) section 12 (1) (b) [Part 3 fuel compliance report];
(c) section 12 (1) (c) [supplementary reports];
(d) section 12 (2) (a) [complete and accurate reports and records];
(e) section 12 (2) (b) [fuel identification requirements];
(f) section 12 (2) (c) [information in support of reports and records];
(g) section 12 (2) (e) [carbon intensity records];
(h) section 12 (2) (f) [exclusion reports].
(2.1) The maximum amount of an administrative penalty that may be imposed for a contravention described in any of the following is $10 000:
(a) section 12 (1) (d) [notice of change in carbon intensity];
(b) section 12 (1) (e) [transfer records for credits and debits];
(c) section 12 (2) (g) [record retention requirements].
(2.2) The maximum amount of an administrative penalty that may be imposed for a contravention described in section 12 (2) (d) [renewable fuel labelling requirements] is $500.
(3) If all or a portion of an administrative penalty is not paid when it is due, an additional penalty of up to 10% of the outstanding balance may be imposed for each 14-day period it remains unpaid.
[am. B.C. Regs. 320/2009, s. 10; 338/2010, Sch. ss. 16 to 18; 335/2012, Sch. 1, s. 17; 287/2016, App. 1, s. 13; 280/2022, s. 2.]
Notice of intention to impose administrative penalty
14 (1) Before sending an administrative penalty notice to a fuel supplier under section 11 (2) or (4) or 12 (2) of the Act, the director must
(a) serve the person with a notice of intent to impose an administrative penalty, and
(b) provide the fuel supplier with an opportunity to be heard.
(2) An opportunity to be heard for the purposes of this section may be provided, as the director considers appropriate in the circumstances,
(b) in writing, including by facsimile transmission or electronic mail, or
(c) by video conference, audio conference, telephone or other electronic means, if available.
(3) A notice of intent to impose an administrative penalty must set out
(a) the alleged non-compliance, including the provision of the Act or regulations the person is alleged to have contravened and the circumstances of that non-compliance, and
(b) the time, date, place and manner of hearing or the due date for written submissions.
(4) A notice of intent to impose an administrative penalty must be served on the person not less than 21 days before the date of a hearing under subsection (2) (a) or (c) or the due date of a submission under subsection (2) (b).
(5) On application, the director may change a time, date or manner of hearing specified under subsection (3) (b).
[am. B.C. Regs. 320/2009, s. 11; 338/2010, Sch. s. 19; 141/2015, s. 6.]
Consequences of failing to appear or provide submissions
15 If a person who is served with notice under section 14 (1) of this regulation fails to appear or provide submissions when required by the notice or under section 14 (5) of this regulation, as applicable, the director may proceed without further notice to serve the person with an administrative penalty notice under section 11 (2) or (4) or 12 (2) of the Act.
[am. B.C. Regs. 338/2010, Sch. s. 20; 141/2015, s. 6.]
Determining the amount of an administrative penalty
16 (1) In determining the amount of an administrative penalty for a failure to submit a compliance report by the date it was due, the director must consider
(a) whether the fuel supplier has previously submitted compliance reports late and how often, and
(b) Repealed. [B.C. Reg. 338/2010, Sch. s. 21.]
(c) any other matter the director considers relevant.
(2) In determining the amount of an administrative penalty for a failure to retain records as required under section 11 (1) or (2) or 11.10 (1) or (2) [records], the director must consider
(a) whether the fuel supplier has previously failed to retain the proper records or has failed to retain those records for 7 years, and how often, and
(b) any other matter the director considers relevant.
(3) The director must not serve an administrative penalty notice on a person who has satisfied the director that the person exercised due diligence to prevent the contravention or failure in respect of which an administrative penalty may be imposed.
[am. B.C. Regs. 320/2009, Sch. s. 12; 338/2010, Sch. s. 21.]
Notice of administrative penalty
17 A notice of administrative penalty for the purposes of section 11 (2) or (4) or 12 (2) of the Act must include all the following information:
(a) the date by which the administrative penalty must be paid;
(b) acceptable methods of payment;
(c) the address to which the payment must be sent;
(d) that the determination of non-compliance, the extent of the non-compliance or, in the case of an administrative penalty under section 12 of the Act, the amount of the administrative penalty, may be appealed to the Environmental Appeal Board in accordance with Part 5 of the Act and Part 4 of this regulation.
[am. B.C. Regs. 338/2010, Sch. s. 22; 141/2015, s. 6.]
Payment of administrative monetary penalty
18 (1) An administrative penalty must be made payable to the Minister of Finance.
(2) An administrative penalty under section 12 [administrative penalties in relation to other matters] of the Act must be paid within 30 days after the date the fuel supplier is subject to the administrative penalty in accordance with section 11 (5) or 12 (3) of the Act, as applicable.
[am. B.C. Regs. 320/2009, s. 13; 338/2010, Sch. s. 23.]
Time limit for imposing administrative penalties
19 (1) A notice under section 14 [notice of intention to impose administrative penalty] must not be sent
(a) more than 3 years after the date of the non-compliance to which it relates, or
(b) if the minister issues a certificate described in subsection (2), 18 months after the date on which the minister learned of that non-compliance.
(2) A certificate purporting to have been issued by the minister certifying the date referred to in subsection (1) (b) is proof of that date.
Publication of names
20 (1) The minister may publish, including by electronic means, all the following information in respect of a fuel supplier on whom an administrative penalty has been imposed under section 9, 10, 11 or 12 of the Act:
(c) the provision of the Act or regulations with which the fuel supplier failed to comply.
(2) Publication under subsection (1) in relation to an administrative penalty under section 11 or 12 of the Act may not occur until the fuel supplier is subject to the administrative penalty in accordance with section 11 (5) or 12 (3) of the Act, as applicable.
[am. B.C. Regs. 320/2009, s. 14; 196/2021, App. 1.]
Time limit for commencing appeal
21 The time limit for commencing an appeal is 30 days after the notice of administrative penalty to which it relates is served.
Procedures on appeal
22 An appeal must be
(a) commenced by notice of appeal in accordance with the Environmental Appeal Board Procedure Regulation, and
(b) conducted in accordance with Part 5 [Appeals to Environmental Appeal Board] of the Act and the Environmental Appeal Board Procedure Regulation.
Powers of appeal board on appeal
23 (1) On an appeal, the appeal board may
(a) send the matter back to the person who made the decision with directions,
(b) confirm, reverse or vary the decision being appealed, or
(c) make any decision that the person whose decision is appealed could have made, and that the appeal board considers appropriate in the circumstances.
(2) The appeal board may conduct an appeal by way of a new hearing.
Part 5 — Administration and Enforcement
Inspectors
(a) designate a person as an inspector or a class of persons as inspectors, and
(b) issue identification to a person, or a person in a class, designated under paragraph (a), identifying the person as an inspector.
Inspection and seizure powers
25 (1) For the purposes of ensuring compliance with this Act or the regulations, an inspector, at any reasonable time, may enter land or premises, other than premises or a part of premises used solely as a private residence, and inspect any place, process, thing or activity that is the business premises or operations of a fuel supplier.
(2) An inspector who enters on land or premises under this section may do any of the following for the purposes referred to in subsection (1):
(a) inspect, analyze, measure, sample or test anything;
(b) use or operate anything or require the use or operation of anything, under conditions specified by the inspector;
(d) make or take away copies of records.
(3) An inspector who enters land or premises in accordance with this section
(a) may take along the persons and equipment that the inspector considers may be necessary for the purposes of the inspection, and
(b) on request, must provide proof of identity to a person present on the land or premises entered.
(4) Section 112 of the Environmental Management Act is adopted for the purposes of the Act and for that purpose
(a) a reference in section 112 to "this Act" or to "this Act or the regulations" must be read as a reference to the Act or the Act and this regulation,
(b) a reference in section 112 to a director must be read as a reference to the director under the Act, and
(c) a reference in section 112 to an officer is to be read as a reference to an inspector.
(5) A person who is the subject of an inspection under this section, or who is or was a director, receiver, receiver manager, officer, employee, banker, auditor or agent of a person who is the subject of an inspection under this section, on request of an inspector, must
(a) produce, without charge or unreasonable delay, for examination by the inspector, any record relating to requirements under this Act, and
(b) provide the inspector with information relevant to the purposes of the inspection.
Disclosure of information
25.1 For the purposes of section 22 (4) (b) [confidentiality] of the Act, the following enactments are prescribed:
[en. B.C. Reg. 190/2016, App. 1, s. 8 (b).]
Transition — transferring debits and validated credits
29 (1) In this section, "transition period" means the part of the 2016 compliance period before September 1, 2016.
(2) A Part 3 fuel supplier that is or was a Part 3 fuel supplier in the 2016 compliance period may not transfer debits or validated credits under section 8 (2) of the Act unless the Part 3 fuel supplier has submitted to the director
(a) a Part 3 compliance report for the 2016 compliance period, or
(b) a report under this section.
(3) Section 11.08 (3) applies to a report under this section.
(4) A report under this section must set out, as applicable, all the following information in relation to the Part 3 fuel supplier for the transition period:
(a) whether the Part 3 fuel supplier transferred or acquired debits or validated credits under section 8 (2) of the Act;
(b) for each Part 3 fuel supplier, in this paragraph called the "transferring Part 3 fuel supplier", from which the Part 3 fuel supplier acquired debits or validated credits,
(i) the legal name and address of the transferring Part 3 fuel supplier, and
(ii) for each transfer from the transferring Part 3 fuel supplier,
(B) the number of debits or validated credits transferred, and
(C) whether the transfer was for consideration and, if so, the fair market value of the consideration in Canadian dollars per debit or validated credit transferred;
(c) for each Part 3 fuel supplier, in this paragraph called the "acquiring Part 3 fuel supplier", to which the Part 3 fuel supplier transferred debits or validated credits,
(i) the legal name and address of the acquiring Part 3 fuel supplier, and
(ii) for each transfer to the acquiring Part 3 fuel supplier,
(B) the number of debits or validated credits transferred, and
(C) whether the transfer was for consideration and, if so, the fair market value of the consideration in Canadian dollars per debit or validated credit transferred.
(5) A report under this section must be signed by the officer or employee referred to in section 11.08 (3) (c) and include a signed statement of that individual
(a) confirming, as applicable, all the following:
(i) that records evidencing each matter reported under subsection (4) (b) and (c), if applicable, are available on request;
(ii) that a record evidencing the individual's authority to submit the report on behalf of the Part 3 fuel supplier is available on request, and
(b) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of that information to be provided.
(6) A person that submits a report under this section must maintain at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, books of accounts and the records referred to in subsection (5) (a) (i) for a period of 7 years after the end of the 2016 compliance period.
[en. B.C. Reg. 190/2016, App. 2, s. 2; am. B.C. Reg. 287/2016, App. 1, s. 14.]
[Provisions relevant to the enactment of this regulation: Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, S.B.C. 2008, c. 16, ss. 24 to 29.]
Title BEFORE re-enacted by BC Reg 320/2009, effective January 1, 2010.
Renewable Fuel Requirements Regulation
Section 1 was renumbered as 1 (1) and amended by BC Reg 320/2009, effective January 1, 2010.
Section 1 (1) definitions "CNG", "compliance report", "component", "feedstock", "GHGenius", "life cycle", "LNG", "Part 3 compliance report" and "vehicle" were added by BC Reg 320/2009, effective January 1, 2010.
Section 1 (2) was added by BC Reg 320/2009, effective January 1, 2010.
Section 1 (1) the definition of "natural gas-based gasoline" was added by BC Reg 141/2015, effective July 16, 2015.
Section 1 (1) definitions of "carbon intensity record", "exclusion agreement", "exclusion report" and "exemption report" were added by BC Reg 287/2016, effective December 7, 2016.
Section 1 (1) definition of "affiliate" was added by BC Reg 287/2016, effective January 1, 2017.
Section 1 (2) BEFORE amended by BC Reg 287/2016, effective January 1, 2017.
(2) For the purposes of the definition of "carbon dioxide equivalent" in section 1 of the Act, the carbon dioxide equivalent for a given mass of a greenhouse gas specified in Column 2 of the Schedule to the Carbon Neutral Government Regulation, B.C. Reg. 392/2008, is the number set out in Column 4 of that Schedule, opposite that greenhouse gas, multiplied by the mass of that greenhouse gas.
Section 1 (1) definition of "affiliate" was added by BC Reg 287/2016, effective January 1, 2017.
Section 1 (2) BEFORE amended by BC Reg 287/2016, effective January 1, 2017.
(2) For the purposes of the definition of "carbon dioxide equivalent" in section 1 of the Act, the carbon dioxide equivalent for a given mass of a greenhouse gas specified in Column 2 of the Schedule to the Carbon Neutral Government Regulation, B.C. Reg. 392/2008, is the number set out in Column 4 of that Schedule, opposite that greenhouse gas, multiplied by the mass of that greenhouse gas.
Section 3 BEFORE amended by BC Reg 320/2009, effective January 1, 2010.
Gasoline class fuel does not include fuel that, at the time of sale, the Part 2 fuel supplier reasonably expects will be used in an aircraft.Section 3.1 (2) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(2) Diesel class fuel does not include diesel fuel that is sold to the Department of National Defence (Canada) if at the time of sale the fuel supplier reasonably expects that the diesel fuel will be used
Section 4 (2) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.
(2) Subsection (1) (b) does not apply to a person who brings Part 2 fuel into British Columbia in the fuel tank of the vehicle the person is driving or in a fuel tank for a device necessary for the intended use of that vehicle, if the fuel is used only to power that vehicle or device, as applicable.
Section 4.1 (2) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.
(2) Subsection (1) (b) does not apply to a person who brings Part 3 fuel into British Columbia in the fuel tank of the vehicle or vessel the person is driving or operating or in a fuel tank for a device necessary for the intended use of that vehicle, if the fuel is used only to power that vehicle or device, as applicable.
Section 5 (1) BEFORE amended by BC Reg 196/2021, effective January 1, 2022.
(1) Gasoline produced from biomass is prescribed as renewable fuel in relation to gasoline class fuel.
Section 6 (1) (b) and (c), BEFORE amended by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
(b) the Part 2 fuel is sold by one Part 2 fuel supplier to another Part 2 fuel supplier;
(c) the Part 2 fuel is sold by its manufacturer to a Part 2 fuel supplier.
Section 6 (2) BEFORE repealed by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
(2) The exceptions in subsection (1) (b) and (c) do not apply in relation to Part 2 fuel if the purchasing Part 2 fuel supplier intends to use the Part 2 fuel for its own use, unless the purchasing Part 2 fuel supplier agrees in writing with the manufacturer or selling Part 2 fuel supplier, as applicable, to include that Part 2 fuel in its calculations for the purposes of section 2 of the Act.
Section 6 (3) was added by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
Section 6 (2) BEFORE amended by BC Reg 320/2009, effective January 1, 2010.
(2) The exceptions in subsection (1) (b) and (c) do not apply in relation to Part 2 fuel if the purchasing Part 2 fuel supplier intends to use the Part 2 fuel for its own use, unless the purchasing Part 2 fuel supplier agrees in writing with the manufacturer or selling Part 2 fuel supplier, as applicable, to comply with section 2 of the Act in relation to that Part 2 fuel.
Section 6.1 (1) (b) and (c) BEFORE amended by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
(b) the Part 3 fuel is sold by one Part 3 fuel supplier to another Part 3 fuel supplier;
(c) the Part 3 fuel is sold by its manufacturer to a Part 3 fuel supplier.
Section 6.1 (2) BEFORE repealed by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
(2) The exceptions in subsection (1) (b) and (c) do not apply in relation to Part 3 fuel if the purchasing Part 3 fuel supplier intends to use the Part 3 fuel for its own use, unless the purchasing Part 3 fuel supplier agrees in writing with the manufacturer or selling Part 3 fuel supplier, as applicable, to include that Part 3 fuel in its calculations for the purposes of section 6 (1) of the Act.
Section 6.1 (3) was added by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
Section 7 (1) BEFORE amended by BC Reg 320/2009, effective January 1, 2010.
(1) A Part 2 fuel supplier must ensure that the volume of diesel class fuel it supplies in a compliance period contains at least 5% renewable fuel content by volume.
Section 7 (3) BEFORE amended by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
(3) For the purposes of subsections (1) and (2), the percentage of renewable fuel content by volume must be calculated using the following formula:
| (RFs + RFtt – RFtb)/ Fs x100 |
| where | ||
| RFs | = | the volume of renewable fuel supplied by the Part 2 fuel supplier in the compliance period; |
| RFtt | = | the volume of renewable fuel notionally transferred to the Part 2 fuel supplier under section 5 (1) of the Act in the compliance period; |
| RFtb | = | the volume of renewable fuel notionally transferred by the Part 2 fuel supplier under section 5 (1) of the Act in the compliance period; |
| Fs | = | the volume of Part 2 fuel supplied by the Part 2 fuel supplier in the compliance period. |
[am. B.C. Reg. 320/2009, s. 7.]
Section 7 (3) formula BEFORE amended by BC Reg 379/2010, effective January 1, 2010.
| (RF supplied - RF transferred out + RF transferred in - RF retained + RF credit + RF deferred - RF added) |
| F supplied x 100 |
| where | ||
| RFsupplied | = | the volume of renewable fuel supplied by the Part 2 fuel supplier in the compliance period; |
| RFtransferred out | = | the volume of renewable fuel notionally transferred by the fuel supplier under section 5 (1) (a) of the Act for the compliance period; |
| RFtransferred in | = | the volume of renewable fuel notionally transferred to the fuel supplier under section 5 (1) (b) of the Act for the compliance period; |
| RFretained | = | the volume of renewable fuel retained by the fuel supplier under section 5 (3) (a) of the Act for the compliance period; |
| RFcredit | = | the volume of renewable fuel credited by the fuel supplier under section 5 (3) (b) of the Act for the compliance period; |
| RFdeferred | = | the volume of renewable fuel deferred by the fuel supplier under section 5 (4) (a) or 29.1 (1) (a) of the Act for the compliance period; |
| RFadded | = | the volume of renewable fuel added by the fuel supplier under section 5 (4) (b) or 29.1 (1) (b) of the Act for the compliance period; |
| Fsupplied | = | the volume of Part 2 fuel supplied by the Part 2 fuel supplier in the compliance period. |
Section 7 (1) (c) BEFORE amended by BC Reg 232/2011, effective December 14, 2011.
(c) for compliance periods after 2011, 5%.
Section 7 (1) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(1) A Part 2 fuel supplier must ensure that the volume of diesel fuel it supplies contains at least the following percentage of renewable fuel content by volume:
(a) for the 2010 compliance period, 3%;
(b) for the 2011 compliance period, 4%;
(c) for compliance periods after 2011, 4%.
Section 7 (3) BEFORE amended by BC Reg 335/2012, effective January 1, 2014.
(3) For the purposes of subsections (1) and (2), the percentage of renewable fuel by volume must be calculated using the following formula:
| (RF supplied - RF transferred out + RF transferred in - RF retained + RF credit + RF deferred - RF added) | x 100 |
| F supplied |
| where | ||
| RFsupplied | = | the volume of renewable fuel supplied by the Part 2 fuel supplier in the compliance period; |
| RFtransferred out | = | the volume of renewable fuel notionally transferred by the fuel supplier under section 5 (1) (a) of the Act for the compliance period; |
| RFtransferred in | = | the volume of renewable fuel notionally transferred to the fuel supplier under section 5 (1) (b) of the Act for the compliance period; |
| RFretained | = | the volume of renewable fuel retained by the fuel supplier under section 5 (3) (a) of the Act for the compliance period; |
| RFcredit | = | the volume of renewable fuel credited by the fuel supplier under section 5 (3) (b) of the Act for the compliance period; |
| RFdeferred | = | the volume of renewable fuel deferred by the fuel supplier under section 5 (4) (a) or 29.1 (1) (a) of the Act for the compliance period; |
| RFadded | = | the volume of renewable fuel added by the fuel supplier under section 5 (4) (b) or 29.1 (1) (b) of the Act for the compliance period; |
| Fsupplied | = | the volume of Part 2 fuel supplied by the Part 2 fuel supplier in the compliance period. |
Section 7.1 was enacted by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
Section 7.1 (4) BEFORE repealed by BC Reg 335/2012, effective July 1, 2013.
(4) Despite subsection (2), for the 2010 and 2011 compliance periods only, a Part 2 fuel supplier that exceeds its renewable fuel obligation in respect of diesel class fuel for the applicable compliance period may notionally retain the excess up to 20% of the Part 2 fuel supplier's renewable fuel obligation in respect of diesel class fuel for that compliance period and apply that amount to its renewable fuel obligation in respect of diesel class fuel for the next compliance period.
Section 7.1 (2) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.
(2) For the purposes of section 5 (3) (a) of the Act, 5% of the Part 2 fuel supplier's renewable fuel obligation in respect of each of gasoline class fuel and diesel class fuel for the compliance period is prescribed as the amount that may be notionally retained and applied towards that Part 2 fuel supplier's renewable fuel obligation in respect of gasoline class fuel or diesel fuel, as applicable, for the next compliance period.
Section 7.2 was enacted by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
Section 7.2 (1) (a) (iii) BEFORE amended by BC Reg 232/2011, effective December 14, 2011.
(iii) 2012 compliance period and any compliance period after 2012, the person supplies not more than 10 million litres of Part 2 fuels, and
Section 7.2 (1) (a) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(a) for the
(i) 2010 compliance period, the person supplies not more than 200 million litres of Part 2 fuels,
(ii) 2011 compliance period, the person supplies not more than 50 million litres of Part 2 fuels, and
(iii) 2012 compliance period and any compliance period after 2012, the person supplies not more than 75 million litres of Part 2 fuels, and
Section 7.2 (1) (b) (part) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(b) on or before March 31 of the calendar year following the applicable compliance period, the person provides a report to the director in the form specified by the director under section 9 (7) for a Part 2 compliance report, which report
Section 7.2 (1) (b) (i) (D) was added by BC Reg 335/2012, effective July 1, 2013.
Section 7.2 (3) was added by BC Reg 335/2012, effective July 1, 2013.
Section 7.2 (1) (b) (ii) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.
(ii) includes the signature of the officer or employee submitting the report on behalf of the Part 2 fuel supplier and a declaration of that officer or employee containing
(A) a statement that the records evidencing the volume of Part 2 fuel supplied in the compliance period are available on request, and
Section 7.2 BEFORE re-enacted by BC Reg 287/2016, effective December 7, 2016.
Exemption from "Part 2 fuel supplier"
7.2 (1) A person who would otherwise be a Part 2 fuel supplier for a compliance period is not considered to be a Part 2 fuel supplier for the compliance period if
(a) the person supplies not more than 75 million litres of Part 2 fuels in the compliance period, and
(b) instead of completing a Part 2 compliance report for that compliance period, the person submits a report to the director on or before the date on which a Part 2 compliance report would be due for that compliance period, which report
(A) as applicable, the person's identifying and contact information as described in section 9 (3),
(B) the compliance period to which the report relates,
(C) the volume of Part 2 fuel supplied by the person in that compliance period, and
(D) that the person elects not to be considered a Part 2 fuel supplier for that compliance period, and
(ii) includes a signed statement of the officer or employee submitting the report on behalf of the Part 2 fuel supplier, which signed statement
(A) confirms that the records evidencing the volume of Part 2 fuel supplied in the compliance period are available on request, and
(B) contains the signed statement described in section 9 (5).
(2) Section 9 (6) (a) applies for the purposes of evidencing the volume of Part 2 fuel reported under subsection (1) (b) (i) (C).
(3) A person that, under this section, is not considered to be a Part 2 fuel supplier for a compliance period must maintain at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, books of accounts and the records referred to in subsection (1) (b) (ii) (A) for a period of 7 years after the end of that compliance period.
[en. B.C. Reg. 338/2010, Sch. s. 5; am. B.C. Regs. 232/2011, s. 2; 335/2012, Sch. 1, s. 6; 50/2016, s. 12.]
Section 7.2 (1) (a) BEFORE amended by BC Reg 178/2020, effective July 13, 2020.
(a) the Part 2 fuel supplier supplies not more than 75 million litres of Part 2 fuels in the compliance period, and
Section 7.2 (c) was added by BC Reg 178/2020, effective July 13, 2020.
Section 7.2 (1.1) was added by BC Reg 178/2020, effective July 13, 2020.
Section 7.3 (1) (part) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(1) On and after January 1, 2011, a person that provides to a purchaser
Section 9 (4) BEFORE amended by BC Reg 338/2010, effective November 26, 2010.
(4) A Part 2 compliance report must set out, as applicable, all the following information in relation to the Part 2 fuel supplier for the compliance period set out under paragraph (a):
(a) the compliance period to which the report relates;
(b) the volume of renewable fuel supplied;
(c) the volume of renewable fuel notionally transferred to the Part 2 fuel supplier under section 5 (1) of the Act;
(d) for each Part 2 fuel supplier from which the Part 2 fuel supplier received a notional transfer of renewable fuel,
(i) the legal name and address of that Part 2 fuel supplier, and
(ii) the volume of renewable fuel notionally transferred;
(e) the volume of renewable fuel notionally transferred by the Part 2 fuel supplier under section 5 (1) of the Act;
(f) for each Part 2 fuel supplier to which the Part 2 fuel supplier notionally transferred Part 2 fuel,
(i) the legal name and address of that Part 2 fuel supplier, and
(ii) the volume of renewable fuel notionally transferred;
(g) the volume of Part 2 fuel supplied in the compliance period;
(h) a record and the result of the calculation under section 7 (3) [requirements for renewable fuel content].
Section 9 (4) (k) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(k) the volume of renewable fuel the Part 2 fuel supplier supplied in the compliance period the Part 2 fuel supplier is retaining under section 7.1 (2) or (4) of this regulation for credit in the next compliance period;
Section 9 (4) (i) and (j) BEFORE amended by BC Reg 335/2012, effective January 1, 2014.
(i) the volume of the Part 2 fuel supplier's renewable fuel obligation the Part 2 fuel supplier is deferring for the compliance period under section 7.1 (3) of this regulation or section 29.1 of the Act;
(j) the volume of renewable fuel the Part 2 fuel supplier is adding to its renewable fuel obligation for the compliance period from deferrals under section 7.1 (3) of this regulation or section 29.1 of the Act in previous compliance periods and, in the case of a deferral under section 29.1 of the Act, the compliance period from which the obligation was deferred;
Section 9 (5) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.
(5) A Part 2 compliance report must be signed by the officer or employee referred to in subsection (3) (c) and include a declaration of that officer or employee containing, as applicable, all the following:
(a) a statement that records evidencing the renewable nature of all renewable fuel supplied in the compliance period are available on request;
(b) a statement that records evidencing each matter reported under subsection (4) (b) to (g) are available on request;
(c) if the report is submitted by an employee, a statement that a record evidencing the employee's authority to submit the report on behalf of the Part 2 fuel supplier is available on request;
I certify that the information in this report is true and complete to the best of my knowledge and I understand that I may be required to provide to the director records evidencing the truth of that information.
Section 9 (5) and (7) BEFORE amended by BC Reg 287/2016, effective December 7, 2016.
(5) A Part 2 compliance report must be signed by the officer or employee referred to in subsection (3) (c) and include a signed statement of that officer or employee
(a) confirming, as applicable, all the following:
(i) that records evidencing the renewable nature of all renewable fuel supplied in the compliance period are available on request;
(ii) that records evidencing each matter reported under subsection (4) (b) to (g) are available on request;
(iii) if the report is submitted by an employee, that a record evidencing the employee's authority to submit the report on behalf of the Part 2 fuel supplier is available on request, and
(b) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that I may be required to provide to the director records evidencing the truth of that information.
(7) A Part 2 compliance report must be in the form specified by the director.
Section 11.01 (1) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.
(1) Subject to subsection (2), the compliance period for the purposes of section 6 of the Act is the calendar year.
Section 11.01 (2) BEFORE repealed by BC Reg 190/2016, effective July 20, 2016.
(2) In 2012 to 2014, the compliance periods for the purposes of section 6 of the Act are the following:
Section 11.02 table BEFORE amended by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
| 2010 | 82.02 |
| 2011 | 81.82 |
Section 11.02 table BEFORE amended by BC Reg 77/2011, effective April 29, 2011.
| Table | |
| Compliance Period | Prescribed level of carbon intensity (g/MJ) |
| 2010 | 82.40 |
| 2011 | 82.03 |
| 2012 | 81.61 |
| 2013 | 81.20 |
| 2014 | 80.79 |
| 2015 | 79.97 |
| 2016 | 79.15 |
| 2017 | 77.92 |
| 2018 | 76.69 |
| 2019 | 75.46 |
| 2020 and subsequent compliance periods | 73.82 |
Section 11.02 table (part) BEFORE amended by BC Reg 232/2011, effective December 14, 2011.
| Compliance Period | Prescribed level of carbon intensity (g/MJ) |
| 2012 | 81.61 |
| 2013 | 81.20 |
Section 11.02 BEFORE re-enacted by BC Reg 335/2012, effective July 1, 2013.
Requirement for reduced carbon intensity
11.02 A Part 3 fuel supplier must ensure that the weighted average of the carbon intensities of all Part 3 fuels it supplies in a compliance period is not greater than the carbon intensity set out in the table to this section for that compliance period.
| Table | |
| Compliance Period | Prescribed level of carbon intensity (g/MJ) |
| 2010 | 82.40 |
| 2011 | 90.21 |
| January 1, 2012 to June 30, 2013 | 90.21 |
| July 1, 2013 to December 31, 2014 | 80.79 |
| 2014 | 80.79 |
| 2015 | 79.97 |
| 2016 | 79.15 |
| 2017 | 77.92 |
| 2018 | 76.69 |
| 2019 | 75.46 |
| 2020 and subsequent compliance periods | 73.82 |
[en. B.C. Reg. 320/2009, s. 8; am. B.C. Regs. 338/2010, Sch. s. 8; 77/2011, s. 1; 232/2011, s. 4.]
Section 11.02 (2), table 2 BEFORE amended by BC Reg 141/2015, effective July 16, 2015.
| Table 2 | ||
| COLUMN 1 Fuel | COLUMN 2 Diesel Class Fuel Energy Effectiveness Ratio | COLUMN 3 Gasoline Class Fuel Energy Effectiveness Ratio |
| Petroleum-based diesel or renewable fuel in relation to diesel class fuel | 1.0 | Not applicable |
| Petroleum-based gasoline or renewable fuel in relation to gasoline class fuel | Not applicable | 1.0 |
| Hydrogen | 1.9 | 2.5 |
| LNG | 1.0 | Not applicable |
| CNG | 0.9 | 1.0 |
| Propane | 1.0 | 1.0 |
| Electricity | 2.7 | 3.4 |
Section 11.02 (3) Table 3 BEFORE amended by BC Reg 141/2015, effective July 16, 2015.
| Table 3 | |
| COLUMN 1 Fuel | COLUMN 2 Energy Density/Unit |
| Petroleum-based diesel and diesel produced from biomass | 38.65 MJ/L |
| Hydrogenation-derived renewable diesel fuel | 36.51 MJ/L |
| Biodiesel | 36.94 MJ/L |
| Petroleum-based gasoline and gasoline produced from biomass | 34.69 MJ/L |
| Ethanol | 23.58 MJ/L |
| Hydrogen | 120.00 MJ/kg |
| LNG | 52.87 MJ/kg |
| CNG | 38.26 MJ/m3 |
| Propane | 25.59 MJ/L |
| Electricity | 3.60 MJ/kWh |
Section 11.02 (2) table (first row) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.
| Table 2 | ||
| COLUMN 1 Fuel | COLUMN 2 Diesel Class Fuel Energy Effectiveness Ratio | COLUMN 3 Gasoline Class Fuel Energy Effectiveness Ratio |
| Petroleum-based diesel or renewable fuel in relation to diesel class fuel | 1.0 | Not applicable |
Section 11.02 (3) table (first three rows) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.
| Table 3 | |
| COLUMN 1 Fuel | COLUMN 2 Energy Density/Unit |
| Petroleum-based diesel or diesel produced from biomass | 38.65 MJ/L |
| Hydrogenation-derived renewable diesel fuel | 36.51 MJ/L |
| Biodiesel | 36.94 MJ/L |
Section 11.02 (4) (a) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.
(a) the carbon intensity for petroleum-based diesel is 93.55 g CO2e/MJ,
Section 11.02 (1) BEFORE amended by BC Reg 287/2016, effective January 1, 2017.
(1) For the purposes of the formula set out in section 6 (4) of the Act, for a compliance period set out in Column 1 of Table 1,
(a) the carbon intensity limit for gasoline class fuel is the limit set out in Column 2 opposite the compliance period, and
(b) the carbon intensity limit for diesel class fuel is the limit set out in Column 3 opposite the compliance period.
| Table 1 | ||
| COLUMN 1 Compliance Period | COLUMN 2 Carbon Intensity Limit for Gasoline Class Fuel | COLUMN 3 Carbon Intensity Limit for Diesel Class Fuel |
| (g CO2e/MJ) | (g CO2e/MJ) | |
| July 1, 2013 to December 31, 2014 | 86.20 | 92.38 |
| 2015 | 85.11 | 91.21 |
| 2016 | 84.23 | 90.28 |
| 2017 | 82.93 | 88.87 |
| 2018 | 81.62 | 87.47 |
| 2019 | 80.31 | 86.07 |
| 2020 and subsequent compliance periods | 78.56 | 84.20 |
Section 11.02 (3), Table 3 BEFORE amended by BC Reg 287/2016, effective January 1, 2017.
| Table 3 | |
| COLUMN 1 Fuel | COLUMN 2 Energy Density/Unit |
| Petroleum-based diesel fuel or diesel fuel produced from biomass | 38.65 MJ/L |
| Hydrogenation-derived renewable diesel fuel | 36.51 MJ/L |
| Biodiesel fuel | 36.94 MJ/L |
| Petroleum-based gasoline, natural gas-based gasoline or gasoline produced from biomass | 34.69 MJ/L |
| Ethanol | 23.58 MJ/L |
| Hydrogen | 120.00 MJ/kg |
| LNG | 52.87 MJ/kg |
| CNG | 38.26 MJ/m3 |
| Propane | 25.59 MJ/L |
| Electricity | 3.60 MJ/kWh |
Section 11.02 (4) (a) and (b) BEFORE amended by BC Reg 287/2016, effective January 1, 2017.
(a) the carbon intensity for petroleum-based diesel fuel is 93.55 g CO2e/MJ,
(b) the carbon intensity for petroleum-based gasoline is 87.29 g CO2e/MJ,
Section 11.02 (1), table 1 BEFORE amended by BC Reg 178/2020, effective July 13, 2020.
| Table 1 |
| COLUMN 1 Compliance Period | COLUMN 2 Carbon Intensity Limit for Diesel Class Fuel | COLUMN 3 Carbon Intensity Limit for Gasoline Class Fuel |
| (g CO2e/MJ) | (g CO2e/MJ) | |
| 2017 | 90.02 | 83.74 |
| 2018 | 88.60 | 82.41 |
| 2019 | 87.18 | 81.09 |
| 2020 and subsequent compliance periods | 85.28 | 79.33 |
Section 11.02 (3), table 3 BEFORE amended by BC Reg 196/2021, effective January 1, 2022.
| COLUMN 1 Fuel | COLUMN 2 Energy Density/Unit |
| Petroleum-based diesel fuel or diesel fuel produced from biomass | 38.65 MJ/L |
| Hydrogenation-derived renewable diesel fuel | 36.51 MJ/L |
| Biodiesel | 35.40 MJ/L |
| Petroleum-based gasoline, natural gas-based gasoline or gasoline produced from biomass | 34.69 MJ/L |
| Ethanol | 23.58 MJ/L |
| Hydrogen | 141.24 MJ/kg |
| LNG | 52.46 MJ/kg |
| CNG | 37.85 MJ/m3 |
| Propane | 25.47 MJ/L |
| Electricity | 3.60 MJ/kWh |
Section 11.02 (1), table 1 BEFORE amended by BC Reg 280/2022, effective January 1, 2023.
| COLUMN 1 Compliance Period | COLUMN 2 Carbon Intensity Limit for Diesel Class Fuel | COLUMN 3 Carbon Intensity Limit for Gasoline Class Fuel |
| (g CO2e/MJ) | (g CO2e/MJ) | |
| 2020 | 86.15 | 80.13 |
| 2021 | 85.11 | 79.17 |
| 2022 | 84.08 | 78.20 |
| 2023 | 83.04 | 77.24 |
| 2024 | 82.01 | 76.28 |
| 2025 | 80.98 | 75.32 |
| 2026 | 79.94 | 74.36 |
| 2027 | 78.91 | 73.40 |
| 2028 | 77.88 | 72.44 |
| 2029 | 76.84 | 71.47 |
| 2030 and subsequent compliance periods | 75.81 | 70.51 |
Section 11.021 (2) BEFORE amended by BC Reg 77/2011, effective April 29, 2011.
(2) A Part 3 fuel supplier may apply all or part of its greenhouse gas emission credits from a compliance period as credit against its attributable greenhouse gas emissions in any one or more of the following compliance periods.
Section 11.021 (2.1) was added by BC Reg 77/2011, effective April 29, 2011.
Section 11.021 (2) BEFORE amended by BC Reg 232/2011, effective December 14, 2011.
(2) Subject to subsection (2.1), a Part 3 fuel supplier may apply all or part of its greenhouse gas emission credits from a compliance period as credit against its attributable greenhouse gas emissions in that compliance period or in any one or more of the subsequent compliance periods.
Section 11.021 (2.2) was added by BC Reg 232/2011, effective December 14, 2011.
Section 11.021 BEFORE repealed by BC Reg 335/2012, effective July 1, 2013.
Crediting retained carbon dioxide equivalent emissions
11.021 (1) In this section, "greenhouse gas emission credits", in respect of a Part 3 fuel supplier for a compliance period, means the carbon dioxide equivalent emissions transferred to the Part 3 fuel supplier under section 8 (1) (a) (i) of the Act from the compliance period or retained by the Part 3 fuel supplier under section 8 (3) (a) of the Act from that compliance period.
(2) Subject to subsections (2.1) and (2.2), a Part 3 fuel supplier may apply all or part of its greenhouse gas emission credits from a compliance period as credit against its attributable greenhouse gas emissions in that compliance period or in any one or more of the subsequent compliance periods.
(2.1) Greenhouse gas emission credits from the 2011 compliance period may not be used for any compliance period other than the 2011 compliance period.
(2.2) Greenhouse gas emission credits from the January 1, 2012 to June 30, 2013 compliance period may not be used for any compliance period other than that compliance period.
(3) For certainty, the total amount of greenhouse gas emission credits applied by a Part 3 fuel supplier under subsection (2) from a particular compliance period must not exceed the Part 3 fuel supplier's greenhouse gas emission credits from that compliance period.
[en. B.C. Reg. 338/2010, Sch. s. 9; am. B.C. Reg. 77/2011, s. 2; 232/2011, s. 5.]
Section 11.022 was enacted by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
Section 11.022 BEFORE re-enacted by BC Reg 335/2012, effective July 1, 2013.
Exemption from "Part 3 fuel supplier"
11.022 A person who would otherwise be a Part 3 fuel supplier is not considered to be a Part 3 fuel supplier for any compliance period for which the Part 3 fuel supplier is not considered to be a Part 2 fuel supplier in accordance with section 7.2.
[en. B.C. Reg. 338/2010, Sch. s. 10.]
Section 11.022 (1) (b) (ii) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.
(ii) includes the signature of the officer or employee submitting the report on behalf of the Part 3 fuel supplier and a declaration of that officer or employee containing
(A) a statement that the records evidencing the volume of Part 2 fuel supplied in the compliance period are available on request, and
(B) the statements described in section 11.08 (7) (c) and (d).
Section 11.022 BEFORE re-enacted by BC Reg 287/2016, effective December 7, 2016.
Exemption from "Part 3 fuel supplier"
11.022 (1) A person who would otherwise be a Part 3 fuel supplier for a compliance period is not considered to be a Part 3 fuel supplier for the compliance period if
(i) the compliance period from July 1, 2013 to December 31, 2014, the person supplies Part 2 fuels but not more than 112.5 million litres of Part 2 fuels, and
(ii) the 2015 compliance period and any compliance period after that, the person supplies Part 2 fuels but not more than 75 million litres of Part 2 fuels, and
(b) instead of completing a Part 3 compliance report for that compliance period, the person submits a report to the director on or before the date on which a Part 3 compliance report would be due for that compliance period, which report
(A) the person's identifying and contact information, as applicable, as described in section 11.08 (3),
(B) the compliance period to which the report relates,
(C) the volume of Part 2 fuel supplied by the person in that compliance period, and
(D) that the person elects not to be considered a Part 3 fuel supplier for that compliance period, and
(ii) includes a signed statement of the officer or employee submitting the report on behalf of the Part 3 fuel supplier, which signed statement
(A) confirms that the records evidencing the volume of Part 2 fuel supplied in the compliance period are available on request, and
(B) contains the signed statement described in section 11.08 (7).
(2) Section 9 (6) (a) applies for the purposes of evidencing the volume of Part 2 fuel reported under subsection (1) (b) (i) (C) of this section.
(3) A person that, under this section, is not considered to be a Part 3 fuel supplier for a compliance period must maintain at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, books of accounts and the records referred to in subsection (1) (b) (ii) (A) for a period of 7 years after the end of that compliance period.
[en. B.C. Reg. 335/2012, Sch. 1, s. 11; am. B.C. Reg. 50/2016, s. 14.]
Section 11.022 (1) (a) BEFORE amended by BC Reg 178/2020, effective July 13, 2020.
(a) the Part 3 fuel supplier supplies Part 2 fuels, but not more than 75 million litres of Part 2 fuels, in the compliance period, and
Section 11.03 (2) and (3) BEFORE amended by BC Reg 338/2010, effective November 26, 2010.
| sum of (CI x EC for each fuel) – NTcredit+ NTincrease | |
| weighed average = | |
| sum of (EER x EC for each fuel) |
| NTcredit = | the net amount in grams of carbon dioxide equivalent emissions transferred by or to the Part 3 fuel supplier under section 8 (1) of the Act that the Part 3 fuel supplier is applying under section 8 (1) (b) (i) for the compliance period; |
| NTincrease = | the net amount in grams of carbon dioxide equivalent emissions transferred to or by the Part 3 fuel supplier under section 8 (1) of the Act that the Part 3 fuel supplier must apply under section 8 (1) (b) (ii) of the Act for the compliance period. |
(3) In subsections (1) and (2):
"carbon intensity", in relation to a fuel, means the carbon intensity determined for a fuel under section 11.04, 11.06 or 11.07;
"energy content", in relation to a fuel, means the energy density of the fuel multiplied by the quantity of that fuel supplied in the compliance period;
"energy density", in relation to a fuel, means the energy density set out for the fuel in the table to this section;
"energy effectiveness ratio", in relation to a fuel, means the energy effectiveness ratio set out for the fuel in the table to this section.
| Table | ||
| Fuel | Energy Density/Unit | Energy Effectiveness Ratio |
| Diesel | 38.65 MJ/L | 1.2 |
| Hydrogenation-derived renewable diesel | 36.51 MJ/L | 1.2 |
| Biodiesel | 36.94 MJ/L | 1.2 |
| Gasoline | 34.69 MJ/L | 1.0 |
| Ethanol | 23.58 MJ/L | 1.0 |
| Hydrogen | 120.00 MJ/kg | 2.3 |
| LNG | 52.87 MJ/kg | 1.2 |
| CNG | 38.26 MJ/m3 | 1.0 |
| Propane | 35.59 MJ/L | 1.0 |
| Electricity | 3.60 MJ/kWh | 3.0 |
Section 11.03 (4) and (5) were added by BC Reg 338/2010, effective November 26, 2010.
Section 11.03 BEFORE repealed by BC Reg 335/2012, effective July 1, 2013.
Calculating weighted average
11.03 (1) For the purposes of section 6 (1) of the Act, the weighted average of the carbon intensities of all Part 3 fuels a Part 3 fuel supplier supplies in a compliance period, before taking into account notional transfers under section 8 (1) of the Act, is determined using the following formula:
| sum of (CI x EC for each fuel) | |
| weighted average = | |
| sum of (EER x EC for each fuel) |
where
| CI | = | carbon intensity of each fuel; |
| EC | = | energy content of each fuel; |
| EER | = | the energy effectiveness ratio of each fuel. |
(2) For the purposes of section 6 (1) of the Act, the weighted average of the carbon intensities of all Part 3 fuels a Part 3 fuel supplier supplies in a compliance period, taking into account notional transfers under section 8 (1) of the Act, is determined using the following formula:
| sum of (CI x EC for each fuel) – NEcredit+ NEincrease | |
| weighted average = | |
| sum of (EER x EC for each fuel) |
where
| CI | = | carbon intensity of each fuel; |
| EC | = | energy content of each fuel; |
| EER | = | the energy effectiveness ratio of each fuel; |
| NEcredit | = | notional emissions credited under section 8 of the Act; |
| NEincrease | = | notional emissions increased under section 8 of the Act. |
(3) In this section:
"carbon intensity", in relation to a fuel, means the carbon intensity determined for the fuel under section 11.04, 11.06 or 11.07;
"energy content" and "energy effectiveness ratio", in relation to a fuel, have the same meanings as in section 10 (1.1) of the Act;
"notional emissions credited under section 8 of the Act" has the same meaning as "notional emissions credited under section 8" in section 10 (1.1) of the Act;
"notional emissions increased under section 8 of the Act" has the same meaning as "notional emissions increased under section 8" in section 10 (1.1) of the Act.
(4) For the purposes of the definition of "energy content" in section 10 (1.1) of the Act, the energy density set out for the fuel in the Table is prescribed.
(5) For the purposes of the definition of "energy effectiveness ratio" in section 10 (1.1) of the Act, the energy effectiveness ratio set out for the fuel in the Table is prescribed.
| Fuel | Energy Density/Unit | Energy Effectiveness Ratio |
| Diesel | 38.65 MJ/L | 1.2 |
| Hydrogenation-derived renewable diesel | 36.51 MJ/L | 1.2 |
| Biodiesel | 36.94 MJ/L | 1.2 |
| Gasoline | 34.69 MJ/L | 1.0 |
| Ethanol | 23.58 MJ/L | 1.0 |
| Hydrogen | 120.00 MJ/kg | 2.3 |
| LNG | 52.87 MJ/kg | 1.2 |
| CNG | 38.26 MJ/m3 | 1.0 |
| Propane | 25.59 MJ/L | 1.0 |
| Electricity | 3.60 MJ/kWh | 3.0 |
[en. B.C. Reg. 320/2009, s. 8; am. B.C. Reg. 338/2010, Sch. s. 11.]
Section 11.04 BEFORE re-enacted by BC Reg 335/2012, effective July 1, 2013.
Default carbon intensity
11.04 For the purposes of section 6 (3) (a) of the Act, the carbon intensity for a Part 3 fuel is deemed to be the carbon intensity set out for the Part 3 fuel in the table to this section.
| Table | ||
| Fuel | Carbon Intensity | |
| Gasoline class | 90.21 | |
| Propane | 78.29 | |
| Diesel class | 93.33 | |
| CNG | 59.74 | |
| LNG | 66.54 | |
| Electricity | 11.94 | |
| Hydrogen | 92.06 | |
[en. B.C. Reg. 320/2009, s. 8.]
Section 11.04 table BEFORE amended by BC Reg 141/2015, effective July 16, 2015.
| Table | ||
| COLUMN 1 Fuel | COLUMN 2 Carbon Intensity (g/MJ) | |
| Renewable fuel in relation to diesel class fuel | 93.55 | |
| Propane | 75.35 | |
| Renewable fuel in relation to gasoline class fuel | 87.29 | |
| CNG | 62.14 | |
| LNG | 63.26 | |
| Electricity | 11.00 | |
| Hydrogen | 95.51 | |
Section 11.04, Table BEFORE amended by BC Reg 287/2016, effective January 1, 2017.
| Table | ||
| COLUMN 1 Fuel | COLUMN 2 Carbon Intensity (g/MJ) | |
| Renewable fuel in relation to diesel class fuel | 93.55 | |
| Propane | 75.35 | |
| Renewable fuel in relation to gasoline class fuel | 87.29 | |
| Natural gas-based gasoline | 90.07 | |
| CNG | 62.14 | |
| LNG | 63.26 | |
| Electricity | 11.00 | |
| Hydrogen | 95.51 | |
Section 11.06 (2) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(2) For the purposes of section 6 (3) (b) (ii) of the Act, the carbon intensities for the components must be calculated using an approved GHGenius.
Section 11.07 (1) BEFORE amended by BC Reg 232/2011, effective December 14, 2011.
(1) For the purposes of section 6 (3) (b) (iii) of the Act, a person may apply to the director for approval of an alternative method by submitting a proposal in writing so that it is received by the director on or before December 31 of the compliance period for which approval of the alternative method is requested.
Section 11.07 (1) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(1) For the purposes of section 6 (3) (b) (iii) of the Act, a person may apply to the director for approval of an alternative method by submitting a proposal in writing so that it is received by the director on or before the end of the compliance period for which approval of the alternative method is requested.
Section 11.07 (8) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(8) The director must include written reasons with a decision referred to in section 6 (4) of the Act.
Section 11.07 (4) BEFORE amended by BC Reg 287/2016, effective December 7, 2016.
(4) A proposal under subsection (1) and further information provided under subsection (3) must be signed by the officer or employee referred to in subsection (2) (c) and include the following statement:
I certify that the information in this proposal is true and complete to the best of my knowledge and I understand that I may be required to provide to the director records evidencing the truth of that information.
Section 11.08 (2) BEFORE amended by BC Reg 232/2011, effective December 14, 2011.
(2) A Part 3 compliance report must be provided to the director on or before March 31 of the calendar year following the compliance period.
Section 11.08 (2.1) was added by BC Reg 232/2011, effective December 14, 2011.
Section 11.08 (4) (b) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(b) the quantity of each Part 3 fuel supplied in the compliance period and included in the determination of carbon intensity for the purposes of section 6 (1) of the Act;
Section 11.08 (4) (c.1) and (c.2) were added by BC Reg 335/2012, effective July 1, 2013.
Section 11.08 (4) (d) to (f) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(d) the quantity of each Part 3 fuel supplied in the compliance period that is excluded under section 6 (2) of the Act from the determination of carbon intensity for the purposes of section 6 (1) of the Act;
(e) for each Part 3 fuel supplier from which the Part 3 fuel supplier received a notional transfer of carbon dioxide equivalent emissions,
(i) the legal name and address of the transferring Part 3 fuel supplier, and
(ii) the mass of carbon dioxide equivalent emissions notionally received;
(f) for each Part 3 fuel supplier to which the Part 3 fuel supplier notionally transferred carbon dioxide equivalent emissions,
(i) the legal name and address of the Part 3 fuel supplier transferred to, and
(ii) the mass of carbon dioxide equivalent emissions notionally transferred;
Section 11.08 (4) (g) to (i) BEFORE repealed by BC Reg 335/2012, effective July 1, 2013.
(g) the determination of weighted average of the carbon intensities of all Part 3 fuels reported under paragraph (b), including, if applicable,
(i) a copy of the GHGenius spreadsheets used to determine the carbon intensities of each fuel, or
(ii) a copy of the director"s approval of an alternative method and, if the alternative method uses a spreadsheet model designed for the same purpose as GHGenius or another electronic method of calculating carbon intensity, a copy of the spreadsheets from that alternative method or the electronic calculation.
(h) the mass of carbon dioxide equivalent emissions the Part 3 fuel supplier is retaining under section 8 (3) of the Act for credit in a later compliance period;
(i) the mass of carbon dioxide equivalent emissions the Part 3 fuel supplier retained from a previous compliance period that the Part 3 fuel supplier is using as a credit in the compliance period and the compliance period in which it was first retained.
Section 11.08 (6) BEFORE repealed by BC Reg 335/2012, effective July 1, 2013.
(6) If a Part 3 fuel supplier calculates carbon intensity under section 11.06, or determines carbon intensity under section 11.07 using GHGenius, another spreadsheet model designed for the same purpose or another electronic method of calculating carbon intensity, the GHGenius spreadsheets, other spreadsheets or electronic method must be provided in digital format, either separately or with the report.
Section 11.08 (9) (a) and (b) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(a) dated metered-values, bills of lading, invoices, sales receipts, records of payments and records of transactions for the quantity of each class of Part 3 fuels reported under subsection (4) as supplied in a compliance period;
(b) dated contracts, records of transfer, invoices and records of payment for the masses of carbon dioxide equivalent emissions notionally transferred to or by the Part 3 fuel supplier in the compliance period.
Section 11.08 (2) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.
(2) Subject to subsection (2.1), a Part 3 compliance report must be provided to the director on or before March 31 of the calendar year following the compliance period.
Section 11.08 (2.1) BEFORE repealed by BC Reg 190/2016, effective July 20, 2016.
(2.1) A Part 3 compliance report for the January 1, 2012 to June 30, 2013 compliance period must be provided to the director on or before September 31, 2013.
Section 11.08 (7) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.
(7) A Part 3 compliance report must be signed by the officer or employee referred to in subsection (3) (c) and include a declaration of that officer or employee containing, as applicable, all the following:
(a) a statement that records evidencing the carbon intensity of all Part 3 fuel reported under subsection (4) (b) are available on request;
(b) a statement that records evidencing each matter reported under subsection (4) (b) to (f) are available on request;
(c) if the report is submitted by an employee, a statement that a record evidencing the employee's authority to submit the report on behalf of the Part 3 fuel supplier is available on request;
I certify that the information in this report is true and complete to the best of my knowledge and I understand that I may be required to provide to the director records evidencing the truth of that information.
Section 11.08 (4) (c) to (c.2) BEFORE repealed by BC Reg 287/2016, effective December 7, 2016.
(c) the carbon intensity determined for each Part 3 fuel reported under paragraph (b), showing how carbon intensities were determined;
(c.1) if the Part 3 fuel supplier determined the carbon intensity of a Part 3 fuel using the method referred to in section 11.06, a record of inputs to an approved GHGenius, as defined in section 11.06 (1), and any additional information necessary to reproduce, using the approved GHGenius, the result submitted;
(c.2) if the Part 3 fuel supplier determined the carbon intensity of a Part 3 fuel using the method referred to in section 11.07, a copy of the director's approval of an alternative method and, if the alternative method uses a spreadsheet model designed for the same purposes as GHGenius or uses another electronic method of calculating carbon intensity, a record of inputs to the spreadsheets for that alternative method or to the electronic calculation, as applicable;
Section 11.08 (4.1) was added by BC Reg 287/2016, effective December 7, 2016.
Section 11.08 (5) and (8) BEFORE repealed by BC Reg 287/2016, effective December 7, 2016.
(5) A Part 3 fuel supplier must provide other information in respect of the Part 3 fuel supplier and the compliance period on request of the director.
(8) Subsection (7) (c) and (d) apply in respect of further information provided under subsection (5).
Section 11.08 (7) and (10) BEFORE amended by BC Reg 287/2016, effective December 7, 2016.
(7) A Part 3 compliance report must be signed by the officer or employee referred to in subsection (3) (c) and include a signed statement of that officer or employee
(a) confirming, as applicable, all the following:
(i) that records evidencing the carbon intensity of all Part 3 fuel reported under subsection (4) (b) are available on request;
(ii) that records evidencing each matter reported under subsection (4) (b) to (f) are available on request;
(iii) if the report is submitted by an employee, that a record evidencing the employee's authority to submit the report on behalf of the Part 3 fuel supplier is available on request, and
(b) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that I may be required to provide to the director records evidencing the truth of that information.
(10) A Part 3 compliance report must be in the form specified by the director.
Section 11.08 (9) (c) was added by BC Reg 287/2016, effective December 7, 2016.
Section 11.08 (9) (part) BEFORE amended by BC Reg 178/2020, effective July 13, 2020.
(9) For the purposes of subsections (7) and (8), records evidencing a matter include, but are not limited to, the following types of records:
Section 11.11 (5) (part) BEFORE amended by BC Reg 178/2020, effective July 13, 2020.
(5) The director may disclose statistical information about transfers of debits and validated credits including, without limitation, information respecting
Section 12 (e) to (h) were added by BC Reg 338/2010, effective January 1, 2011.
Section 12 (i) BEFORE amended by BC Reg 338/2010, effective January 1, 2011.
(i) a failure to pay an administrative penalty when it is due under section 9 (2) or 11 (5) of the Act or under section 18 (2) of this regulation, as applicable.
Section 12 BEFORE re-enacted by BC Reg 287/2016, effective December 7, 2016.
Prescribed contraventions
12 For the purposes of section 12 (1) [administrative penalties in relation to other matters] of the Act, the following contraventions are prescribed:
(a) a failure to provide a Part 2 fuel compliance report by the date it is due;
(b) a failure to retain records as required under section 11 (1) or (2)[records] of this regulation;
(c) a failure to provide a Part 3 fuel compliance report by the date it is due;
(d) a failure to retain records as required under section 11.10 (1) or (2) of this regulation;
(e) a failure to post a label in the circumstances required under section 7.3 (1) [renewable fuel labelling requirements];
(f) a failure to give notice in the circumstances required under section 7.3 (1);
(g) posting a label that does not meet the requirements of section 7.3 (3) (a), (b), (c), (d), (e), (f), (g) or (h);
(h) providing notice that does not meet the requirements of section 7.3 (4);
(i) a failure to pay an administrative penalty when it is due under section 9 (2), 10 (2) or 11 (5) of the Act or under section 18 (2) of this regulation, as applicable.
[am. B.C. Regs. 320/2009, s. 9; 338/2010, Sch. ss. 13 to 15.]
Section 13 (2) (a) and (b) BEFORE amended by BC Reg 320/2009, effective January 1, 2010.
(a) for a failure to provide a Part 2 fuel compliance report on the date it is due is $100 000, and
(b) for a failure to retain records as required under section 11 (1) or (2) [records] is $500.
Section 13 (3) BEFORE amended by BC Reg 338/2010, effective November 26, 2010.
(3) If all or a portion of an administrative penalty is not paid when it is due, an additional penalty of 10% of the outstanding balance is imposed for each 14-day period it remains unpaid.
Section 13 (1.1) was added by BC Reg 338/2010, effective January 1, 2011.
Section 13 (2) (b) BEFORE amended by BC Reg 338/2010, effective January 1, 2011.
(b) for a failure to retain records as required under section 11 (1) or (2) or 11.10 (1) or (2) [records] is $500.
Section 13 (1.1) BEFORE amended by BC Reg 335/2012, effective July 1, 2013.
(1.1) For the purposes of sections 10 (1) and 11 (4) of the Act, the penalty rate is $200 per tonne of carbon dioxide equivalent emissions.
Section 13 (2) BEFORE amended by BC Reg 287/2016, effective December 7, 2016.
(2) The maximum amount of an administrative penalty that may be imposed
(a) for a failure to provide a fuel compliance report on the date it is due is $100 000, and
(i) a failure to retain records as required under section 11 (1) or (2) or 11.10 (1) or (2)[records],
(ii) a failure to post a label in the circumstances required under section 7.3 (1) [renewable fuel labelling requirements],
(iii) a failure to give notice in the circumstances required under section 7.3 (1),
(iv) posting a label that does not meet the requirements of section 7.3 (3) (a), (b), (c), (d), (e), (f), (g) or (h), or
(v) providing a notice under section 7.3 (2) (b) that does not meet the requirements of section 7.3 (4).
Section 13 (2.1) and (2.2) were added by BC Reg 287/2016, effective December 7, 2016.
Section 13 (1.1) BEFORE amended by BC Reg 280_2022, effective January 1, 2023.
(1.1) For the purposes of sections 10 (1) and 11 (4) of the Act, the penalty rate is $200.
Section 14 (1) BEFORE amended by BC Reg 320/2009, effective January 1, 2010.
(1) Before sending an administrative penalty notice to a Part 2 fuel supplier under section 11 (2) or 12 (2) of the Act, the director must
(a) serve the person with a notice of intent to impose an administrative penalty, and
(b) provide the Part 2 fuel supplier with an opportunity to be heard.
Section 14 (1) (part) BEFORE amended by BC Reg 338/2010, effective January 1, 2011.
(1) Before sending an administrative penalty notice to a fuel supplier under section 11 (2) or 12 (2) of the Act, the director must
Section 14 (1) BEFORE amended by BC Reg 141/2015, effective July 16, 2015.
(1) Before sending an administrative penalty notice to a fuel supplier under section 11 (2) or 12 (2) or (4) of the Act, the director must
(a) serve the person with a notice of intent to impose an administrative penalty, and
(b) provide the fuel supplier with an opportunity to be heard.
Section 15 BEFORE amended by BC Reg 338/2010, effective January 1, 2011.
15 If a person who is served with notice under section 14 (1) of this regulation fails to appear or provide submissions when required by the notice or under section 14 (5) of this regulation, as applicable, the director may proceed without further notice to serve the person with an administrative penalty notice under section 11 (2) or 12 (2) of the Act.
Section 16 BEFORE amended by BC Reg 320/2009, effective January 1, 2010.
Determining the amount of an administrative penalty
16 (1) In determining the amount of an administrative penalty for a failure to submit a Part 2 compliance report by the date it was due, the director must consider
(a) whether the Part 2 fuel supplier has previously submitted Part 2 compliance reports late and how often,
(b) evidence provided by the Part 2 fuel supplier as to whether the Part 2 fuel supplier exercised due diligence in ensuring that the Part 2 compliance report was submitted by the date it was due, and
(c) any other matter the director considers relevant.
(2) In determining the amount of an administrative penalty for a failure to retain records as required under section 11 (1) or (2) [records], the director must consider
(a) whether the Part 2 fuel supplier has previously failed to retain the proper records or has failed to retain those records for 7 years, and how often, and
(b) any other matter the director considers relevant.
Section 16 (1) (a) and (b) BEFORE amended by BC Reg 338/2010, effective November 26, 2010.
(a) whether the fuel supplier has previously submitted compliance reports late and how often,
(b) evidence provided by the fuel supplier as to whether the fuel supplier exercised due diligence in ensuring that the compliance report was submitted by the date it was due, and
Section 16 (3) was added by BC Reg 338/2010, effective November 26, 2010.
Section 17 (part) BEFORE amended by BC Reg 338/2010, effective January 1, 2011.
17 A notice of administrative penalty for the purposes of section 11 (2) or 12 (2) of the Act must include all the following information:
Section 18 (2) BEFORE amended by BC Reg 320/2009, effective January 1, 2010.
(2) An administrative penalty under section 11 [imposed administrative penalties: fuel requirements] or 12 [administrative penalties in relation to other matters] of the Act must be paid within 30 days after the date the Part 2 fuel supplier is subject to the administrative penalty in accordance with section 11(5) or 12 (3) of the Act, as applicable.
Section 18 (2) BEFORE amended by BC Reg 338/2010, effective November 26, 2010.
(2) An administrative penalty under section 11 [imposed administrative penalties: fuel requirements] or 12 [administrative penalties in relation to other matters] of the Act must be paid within 30 days after the date the fuel supplier is subject to the administrative penalty in accordance with section 11(5) or 12 (3) of the Act, as applicable.
Section 20 (1) BEFORE amended by BC Reg 320/2009, effective January 1, 2010.
(1) The minister may publish, including by electronic means, all the following information in respect of a Part 2 fuel supplier on whom an administrative penalty has been imposed under section 9, 11 or 12 of the Act:
(a) legal name;
(b) amount of the penalty;
(c) the provision of the Act or regulations with which the Part 2 fuel supplier failed to comply.
Section 26 BEFORE renumbered as 26 (1) by BC Reg 338/2010, effective November 26, 2010.
Part 2 fuel suppliers — transition
26 For the purposes of demonstrating compliance with section 2 [requirements for renewable fuel content] of the Act for the 2010 compliance period, a Part 2 fuel supplier may report in its compliance report for that compliance period renewable fuel supplied by the Part 2 fuel supplier in the 2009 calendar year as if it had been supplied in the 2010 compliance period.
Section 26 (2) and (3) were added by BC Reg 338/2010, effective November 26, 2010.
Section 26 (1) BEFORE repealed by BC Reg 335/2012, effective July 1, 2013.
(1) For the purposes of demonstrating compliance with section 2 [requirements for renewable fuel content] of the Act for the 2010 compliance period, a Part 2 fuel supplier may report in its compliance report for that compliance period renewable fuel supplied by the Part 2 fuel supplier in the 2009 calendar year as if it had been supplied in the 2010 compliance period.
Section 26 BEFORE repealed by BC Reg 335/2012, effective January 1, 2014.
Part 2 fuel suppliers — transition
26 (1) Repealed. [B.C. Reg. 335/2012, Sch. 1, s. 18.]
(2) For the purpose of section 29.1 of the Act, a Part 2 fuel supplier may apply to defer up to 50% of its renewable diesel class fuel obligation for the 2010 or 2011 compliance period.
(3) An application under section 29.1 of the Act must
(a) be received by the director on or before the last date of the compliance period for which authority for the deferral is requested, and
(b) include
(i) the information respecting the Part 2 fuel supplier specified in section 9 (3) (a), (b) and (d) to (f) of this regulation,
(ii) the name of the officer or employee submitting the application on behalf of the Part 2 fuel supplier, and
(iii) the compliance period to which the application relates.
[am. B.C. Regs. 338/2010, Sch. s. 24; 335/2012, Sch. 1, s. 18.]
Section 27 BEFORE amended by BC Reg 320/2009, effective January 1, 2010.
Until January 1, 2013, diesel class fuel does not include fuel that, at the time of sale, the Part 2 fuel supplier reasonably expects will be used in a locomotive or other rolling stock.
Section 27 BEFORE renumbered as 27 (1) by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].
27 Until January 1, 2013, diesel class fuel does not include fuel that, at the time of sale, the fuel supplier reasonably expects will be used in a locomotive or other rolling stock.
Section 29 (5) BEFORE amended by BC Reg 287/2016, effective December 7, 2016.
(5) A report under this section must be signed by the officer or employee referred to in section 11.08 (3) (c) and include a signed statement of that officer or employee
(a) confirming, as applicable, all the following:
(i) that records evidencing each matter reported under subsection (4) (b) and (c), if applicable, are available on request;
(ii) if the report is submitted by an employee, that a record evidencing the employee's authority to submit the report on behalf of the Part 3 fuel supplier is available on request, and
(b) containing the following statement:
I certify that the information in this report is true and complete to the best of my knowledge and I understand that I may be required to provide to the director records evidencing the truth of that information.