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 2 BEFORE amended by BC Reg 335/2012, effective July 1, 2013.

 Section 2 BEFORE re-enacted by BC Reg 190/2016, effective July 20, 2016.

 Section 2 (b) BEFORE amended by BC Reg 178/2020, effective July 13, 2020.

(b) the ASTM International Standard ASTM D6751-15cel.

 Section 3 BEFORE amended by BC Reg 320/2009, effective January 1, 2010.

 Section 3.01 was enacted by BC Reg BC Reg 141/2015, effective July 16, 2015.

 Section 3.1 was enacted by BC Reg 320/2009, effective January 1, 2010.

 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 was enacted by BC Reg 320/2009, effective January 1, 2010.

 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 BEFORE re-enacted by BC Reg 335/2012, effective July 1, 2013.

 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 5.1 was enacted by BC Reg 320/2009, effective January 1, 2010.

 Section 5.1 BEFORE repealed by BC Reg 335/2012, effective July 1, 2013.

 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 was enacted by BC Reg 320/2009, effective January 1, 2010.

 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 6.101 was enacted by BC Reg 316/2021, effective December 1, 2021.

 Section 6.11 was enacted by BC Reg 196/2021, effective January 1, 2022.

 Part 1.1, sections 6.2 to 6.4 were enacted by BC Reg 287/2016, effective December 7, 2016.

 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:

[am. B.C. Reg. 320/2009, s. 7.]

 Section 7 (3) formula BEFORE amended by BC Reg 379/2010, effective January 1, 2010.

 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:

 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

(B) the statements described in section 9 (5) (c) and (d).

 Section 7.2 BEFORE re-enacted by BC Reg 287/2016, effective December 7, 2016.

 Section 7.2 (1) (b) (iii) and (4) (c) were added by BC Reg 287/2016, effective January 1, 2017.

 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 7.21 was enacted by BC Reg 335/2012, effective July 1, 2013.

 Section 7.3 was enacted by BC Reg 338/2010, effective November 26, 2010.

 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

 Part 2.1, sections 11.01 to 11.10 were enacted by BC Reg 320/2009, effective January 1, 2010.

 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;

(d) 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.

 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 BEFORE re-enacted by BC Reg 232/2011, effective December 14, 2011.

 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:

(a) January 1, 2012 to June 30, 2013;

(b) July 1, 2013 to December 31, 2014.

 Section 11.02 table BEFORE amended by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].

 Section 11.02 table BEFORE amended by BC Reg 77/2011, effective April 29, 2011.

 Section 11.02 table (part) BEFORE amended by BC Reg 232/2011, effective December 14, 2011.

 Section 11.02 BEFORE re-enacted by BC Reg 335/2012, effective July 1, 2013.

 Section 11.02 (2), table 2 BEFORE amended by BC Reg 141/2015, effective July 16, 2015.

 Section 11.02 (3) Table 3 BEFORE amended by BC Reg 141/2015, effective July 16, 2015.

 Section 11.02 (2) table (first row) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.

 Section 11.02 (3) table (first three rows) BEFORE amended by BC Reg 190/2016, effective July 20, 2016.

 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.

 Section 11.02 (3), Table 3 BEFORE amended by BC Reg 287/2016, effective January 1, 2017.

 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.

 Section 11.02 (3), table 3 BEFORE amended by BC Reg 196/2021, effective January 1, 2022.

 Section 11.02 (1), table 1 BEFORE amended by BC Reg 280/2022, effective January 1, 2023.

 Section 11.021 was enacted by BC Reg 338/2010, effective November 26, 2010.

 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.

 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.

 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.

 Section 11.022 (1) (b) (v) and (4) (c) were added by BC Reg 287/2016, effective January 1, 2017.

 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 11.023 was enacted by BC Reg 335/2012, effective July 1, 2013.

 Section 11.03 (2) and (3) BEFORE amended by BC Reg 338/2010, effective November 26, 2010.

(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.

 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.

 Section 11.031 was enacted by BC Reg 287/2016, effective December 7, 2016.

 Section 11.032 was enacted by BC Reg 287/2016, effective December 7, 2016.

 Section 11.04 BEFORE re-enacted by BC Reg 335/2012, effective July 1, 2013.

 Section 11.04 table BEFORE amended by BC Reg 141/2015, effective July 16, 2015.

 Section 11.04, Table BEFORE amended by BC Reg 287/2016, effective January 1, 2017.

 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 11.071 was enacted by BC Reg 287/2016, effective December 7, 2016.

 Section 11.08 (4) (h) and (i) were added by BC Reg 338/2010, effective November 26, 2010.

 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;

(d) 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.

 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 11.101 was enacted by BC Reg 287/2016, effective December 7, 2016.

 Section 11.11 was enacted by BC Reg 190/2016, effective September 1, 2016.

 Section 11.11 (5) was added by BC Reg 287/2016, effective December 7, 2016.

 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 (c) and (d) were added by BC Reg 320/2009, effective January 1, 2010.

 Section 12 (i) was added by BC Reg 338/2010, effective November 26, 2010.

 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.

 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

(b) is $500 for

(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.

 Section 16 BEFORE amended by BC Reg 320/2009, effective January 1, 2010.

 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.

 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 20 (1) (part) BEFORE amended by BC Reg 196/2021, effective July 12, 2021.

 Part 5, heading BEFORE amended by BC Reg 190/2016, effective July 20, 2016.

Part 5 — Enforcement

 Section 25.1 was enacted by BC Reg 190/2016, effective July 20, 2016.

 Section 26 BEFORE renumbered as 26 (1) by BC Reg 338/2010, effective November 26, 2010.

 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.

 Section 27 BEFORE amended by BC Reg 320/2009, effective January 1, 2010.

 Section 27 BEFORE renumbered as 27 (1) by BC Reg 338/2010, effective January 1, 2010 [retro from November 26, 2010].

 Section 27 BEFORE repealed by BC Reg 335/2012, effective July 1, 2013.

 Section 28 was enacted by BC Reg 335/2012, effective July 1, 2013.

 Section 28 BEFORE repealed by BC Reg 190/2016, effective July 20, 2016.

 Section 29 was enacted by BC Reg 190/2016, effective September 1, 2016.