SOR/90-24719904

20196

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Gasoline RegulationsP.C.1990-74019904

Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection Act*, the Minister of the Environment published in the Canada GazettePart I on July 15, 1989 a copy of the annexed Regulations respecting concentrations of lead and phosphorus in gasoline, substantially in the form annexed hereto;*R.S., c. 16 (4th Supp.)And Whereas, in the opinion of the Governor in Council, the concentrations of lead and phosphorus in gasoline prescribed in the annexed Regulations, if exceeded, would, on the combustion of the gasoline in ordinary circumstances, result in a significant contribution to air pollution;Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 47 and subsection 87(1) of the Canadian Environmental Protection Act*, is pleased hereby to revoke the Lead-Free Gasoline Regulations, C.R.C., c. 408 and the Leaded Gasoline Regulations, C.R.C., c. 409 and to make the annexed Regulations respecting concentrations of lead and phosphorus in gasoline, in substitution therefor.

1[Repealed, SOR/2017-110, s. 7]

Interpretation

2In these Regulations,Act means the Canadian Environmental Protection Act, 1999; (Loi)competition vehicle means a vehicle or boat that is used exclusively for competition and does not include a vehicle that is used on a highway or a vehicle or boat that is used for recreational purposes; (véhicule de compétition)gasoline[Revoked, SOR/94-355, s. 1]highway means a common or public road, street, avenue, parkway, driveway, square, place, bridge or viaduct, any part of which is intended for or used by the general public for the passage of vehicles, and includes the area between the lateral property lines thereof; (voie publique)import means to import gasoline into Canada, except gasoline that is imported in the fuel tank of a conveyance or a competition vehicle for the use of the conveyance’s or the competition vehicle’s engine; (importation)leaded gasoline means gasoline to which lead has been added during the production process; (essence au plomb)primary supplier[Repealed, SOR/2003-106, s. 1]race-sanctioning body[Repealed, SOR/98-217, s. 1]unleaded gasoline[Repealed, SOR/2008-126, s. 1]SOR/94-355, s. 1; SOR/98-217, s. 1; SOR/2000-104, s. 2; SOR/2003-106, s. 1; SOR/2008-126, s. 1

Application

3(1)These Regulations do not apply in respect of gasoline for use in aircraft.(2)These Regulations, except for sections 2 and 11, do not apply in respect of gasoline for use in competition vehicles.SOR/94-355, s. 2; SOR/97-147, s. 1; SOR/98-217, s. 2; SOR/2003-106, s. 2; SOR/2008-126, s. 2; SOR/2010-134, s. 1

Maximum Concentrations of Lead in Gasoline

4The maximum concentration of lead in gasoline produced, imported or sold in Canada is 5 mg/L.SOR/94-355, s. 2; SOR/2008-126, s. 3

5[Repealed, SOR/2008-126, s. 4]

Maximum Concentration of Phosphorous in Gasoline

6The maximum concentration of phosphorus in gasoline produced, imported or sold in Canada is 1.3 mg/L.SOR/2008-126, s. 4

Analysis

7The concentration of lead in gasoline produced in, imported into or sold in Canada shall be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 19.5-2011, Methods of Testing Petroleum and Associated Products: Determination of Lead in Automotive Gasoline (Atomic Absorption), as amended from time to time.SOR/94-355, s. 3; SOR/98-217, s. 3; SOR/2008-126, s. 5; SOR/2017-110, s. 8

8The concentration of phosphorus in gasoline produced, imported or sold in Canada shall be measured in accordance with the ASTM International method ASTM D3231-13, Standard Test Method for Phosphorus in Gasoline, as amended from time to time.SOR/98-217, s. 4; SOR/2003-106, s. 3; SOR/2008-126, s. 5; SOR/2017-110, s. 8

9[Repealed, SOR/2008-126, s. 5]

Maintenance of Records

10[Repealed, SOR/2008-126, s. 6]

11(1)Every person who produces, sells or imports for use or sale in Canada leaded gasoline for use in competition vehicles shall make and retain a record of the quantities of leaded gasoline produced, sold or imported for use or sale in Canada each year and that record shall show(a)the gasoline’s brand name;(b)the gasoline’s octane rating and the test method by which the rating was determined;(c)the average lead concentration in milligrams of lead per litre of gasoline on a yearly basis;(d)the name and address of(i)the distributor or reseller of the gasoline, if the gasoline was sold for distribution or resale, or(ii)the track or event location where the gasoline was used, if the gasoline was sold at a particular track or event location; and(e)the total quantity of leaded gasoline sold to each of the entities specified in subparagraph (d)(i) or at each of the locations specified in subparagraph (d)(ii).(2)The record shall be submitted annually to the Minister on or before March 31 of the year following each year during which leaded gasoline was produced, sold or imported for use or sale in Canada.(3)The record shall be retained in Canada for a period of five years beginning on the date the record is made.(4)[Repealed, SOR/2017-110, s. 9]SOR/94-355, s. 4; SOR/98-217, s. 5; SOR/2003-106, s. 4; SOR/2008-126, s. 7; SOR/2017-110, s. 9

12(1)A record that is required under these Regulations shall be sent electronically in the form and format specified by the Minister and shall bear the electronic signature of an authorized official.(2)If the Minister has not specified an electronic form and format or if it is impractical to send the record electronically in accordance with subsection (1) because of circumstances beyond the control of the person sending the record, they shall send it on paper, signed by an authorized official, in the form and format specified by the Minister. However, if no form and format have been so specified, the record may be in any form and format.(3)For the purposes of subsections (1) and (2), an authorized official is(a)in respect of a corporation, an officer of the corporation who is authorized to act on its behalf;(b)in respect of any other person, that person or a person authorized to act on behalf of that person; and(c)in respect of any other entity, a person authorized to act on its behalf.SOR/2017-110, s. 10

SCHEDULE[Repealed, SOR/2008-126, s. 8]