Copyright and Disclaimer Print


AR 29/2010 RENEWABLE FUELS STANDARD REGULATION

(Consolidated up to 211/2019)

ALBERTA REGULATION 29/2010

Emissions Management and Climate Resilience Act

RENEWABLE FUELS STANDARD REGULATION

Table of Contents

                1       Interpretation

Part 1
Renewable Fuels Standard and Requirements

                2       Renewable fuel content of gasoline and diesel

                3       Qualifying renewable fuels


                4       Validation by a greenhouse gas validator

                5       Incorporation of Emissions Standard

                6       Notional transfers between fuel suppliers

                7       Approved contributors

                8       Notional transfers from approved contributors

                9       Fund contributions

Part 2
Reporting, Records and Greenhouse Gas Validators

              10       Fuel supplier compliance report

              11       Approved contributor compliance report

              12       Renewable fuel provider compliance report

              13       Further information, verification and resubmission

              14       Retention of records

              15       Qualifications of greenhouse gas validators

Part 3
Enforcement

Administrative Penalties

              16       Notice of administrative penalty

              17       Administrative penalty assessment

              18       Payment of penalty

Offences

              19       Offences

              20       Due diligence

Part 4
Review

              25       Review

Interpretation

1(1)  In this Regulation,

                                 (a)    “Act” means the Emissions Management and Climate Resilience Act;

                                 (b)    “approved contributor” means a person approved under section 7;

                                 (c)    “aviation fuel” means any fuel that has been refined or produced specifically for use in an aircraft;

                                 (d)    “compliance period” means 

                                           (i)    repealed AR 211/2019 s2,

                                          (ii)    effective January 1, 2012, the 12‑month period commencing January 1 in a year to December 31 of that year;

                                 (e)    “compliance report” means 

                                           (i)    in respect of a fuel supplier, the report required under section 10,

                                          (ii)    in respect of an approved contributor, the report required under section 11, and

                                         (iii)    in respect of a renewable fuel provider, the report required under section 12;

                                 (f)    “denaturant” means a mixture of hydrocarbons that

                                           (i)    has an end boiling point of less than 225 degrees Celsius,

                                          (ii)    is added to a renewable alcohol to make it unsuitable for use as a beverage but not unsuitable for use in gasoline or diesel engines, and

                                         (iii)    does not in volume exceed 4.76% of the total volume of the renewable fuel when combined with the mixture of hydrocarbons;

                                 (g)    “diesel fuel” means diesel that is fit for motive use in Canada, but does not include aviation fuel or qualifying bio-based diesel;

                                 (h)    “director” means a director appointed under section 2.2 of the Act for the purposes of this Regulation;

                                  (i)    “Emissions Standard” means the Renewable Fuels Greenhouse Gas Emissions Eligibility Standard incorporated into and forming part of this Regulation under section 5;

                                  (j)    “fuel supplier” means a person who in Alberta

                                           (i)    manufactures or refines gasoline fuel or diesel fuel,

                                          (ii)    imports in a calendar year more than 400 000 litres of gasoline fuel or more than 400 000 litres of diesel fuel, or

                                         (iii)    acquires gasoline fuel or diesel fuel through an inter‑refiner agreement,

                                          and sells it, at wholesale or retail, in Alberta;

                                 (k)    “Fund” means the Technology Innovation and Emissions Reduction Fund continued by section 10 of the Act;

                                  (l)    “fund contribution” means a fund contribution obtained under section 9;

                               (m)    “gasoline fuel” means gasoline that is fit for motive use in Canada, but does not include aviation fuel;

                                 (n)    “greenhouse gas validator” means a person who meets the requirements set out in section 15;

                                 (o)    “inter‑refiner agreement” means an arrangement between refiners for the transfer of gasoline fuel or diesel fuel, and includes purchase and sale and product exchange;

                                 (p)    repealed AR 211/2019 s2;

                                 (q)    “qualifying renewable alcohol” means fuel that is qualifying renewable alcohol under section 3(1), and includes

                                           (i)    any denaturant in the fuel, and

                                          (ii)    any other additives that account for a total of no more than 1% of the volume of the fuel;

                                  (r)    “qualifying bio-based diesel” means fuel that is qualifying bio-based diesel under section 3(2), and includes any additives that account for a total of no more than 1% of the volume of the fuel;

                                 (s)    “renewable fuel” means

                                           (i)    in relation to gasoline fuel, qualifying renewable alcohol, and

                                          (ii)    in relation to diesel fuel, qualifying bio-based diesel;

                                  (t)    “renewable fuel feedstock types” means

                                           (i)    vegetable or other plant materials,

                                          (ii)    animal materials or waste,

                                         (iii)    algae,

                                         (iv)    fungi, and

                                          (v)    municipal waste materials, if the materials are received from a facility approved by the Director in accordance with a guideline developed under section 62 of the Act;

                                 (u)    “renewable fuel provider” means a person who manufactures or imports renewable fuel

                                           (i)    for sale in Alberta to a fuel supplier or approved contributor, or

                                          (ii)    for use in Alberta by a fuel supplier or approved contributor,

                                          and includes a fuel supplier or approved contributor that manufactures or imports renewable fuel for that fuel supplier or approved contributor to sell or use in Alberta;

                                 (v)    “renewable‑blended diesel” means diesel fuel that is blended with qualifying bio-based diesel;

                                (w)    “renewable‑blended fuel” means

                                           (i)    aviation fuel or gasoline fuel that is blended with qualifying renewable alcohol, and

                                          (ii)    aviation fuel or diesel that is blended with qualifying bio-based diesel;

                                 (x)    “renewable‑blended gasoline” means gasoline fuel that is blended with qualifying renewable alcohol;

                                 (y)    repealed AR 211/2019 s2.

(2)  For the purposes of this Regulation, a volume of fuel is “placed in the Alberta market” if a fuel supplier or approved contributor

                                 (a)    refined or blended it in Alberta,

                                 (b)    imported it into Alberta, or

                                 (c)    acquired it in Alberta through an inter‑refiner agreement,

and sold it at wholesale or retail in Alberta.

(3)  For the purposes of calculations under section 2, if a volume of fuel is “placed in the Alberta market” more than once, it shall be accounted for only by the fuel supplier that first placed it in the Alberta market.

(4)  For the purposes of this Regulation, fuel

                                 (a)    is not sold, if

                                           (i)    the fuel is transferred from one refiner to another as the result of an inter‑refiner agreement, and

                                          (ii)    at the time of the transfer, the refiner making the transfer reasonably expects that the fuel will be sold by the refiner receiving it,

                                 (b)    is not sold in Alberta, if the fuel supplier, at the time of the sale, reasonably expects that it will be exported from Alberta, or

                                 (c)    is not imported, if it is brought into Alberta in the fuel tank of a vehicle or in a fuel tank for a device necessary for the intended use of that vehicle and is used only to power that vehicle or device, as applicable.

AR 29/2010 s1;148/2019;211/2019

Part 1
Renewable Fuels Standard
and Requirements

Renewable fuel content of gasoline and diesel

2(1)  A fuel supplier must ensure that the gasoline fuel that it places in the Alberta market in a compliance period contains, on average, no less than 5% qualifying renewable alcohol content by volume, as calculated in accordance with the following formula:

AQa% = (Qa + NTIa - NTOa + FCa ) × 100

UBGa + BGa

where

                                    AQa%    is the calculated average qualifying renewable alcohol content by volume contained in the gasoline fuel that the fuel supplier placed in the Alberta market in the compliance period, expressed as a percentage;

                                      Qa        is the number of litres of qualifying renewable alcohol contained in the aviation fuel and gasoline fuel that the fuel supplier placed in the Alberta market in the compliance period;

                                      NTIa    is the number of litres of qualifying renewable alcohol notionally transferred to the fuel supplier for the compliance period in accordance with section 6 or 8;

                                     NTOa    is the number of litres of qualifying renewable alcohol notionally transferred by the fuel supplier to another fuel supplier for the compliance period in accordance with section 6;

                                      FCa      is the number of fund contributions for litres of qualifying renewable alcohol obtained by the fuel supplier for the compliance period under section 9(1)(a);

                                    UBGa    is the number of litres of gasoline fuel that the fuel supplier placed in the Alberta market in the compliance period that was not blended with qualifying renewable alcohol;

                                       BGa    is the number of litres of renewable‑blended gasoline that the fuel supplier placed in the Alberta market in the compliance period.

(2)  A fuel supplier must ensure that the diesel fuel that it places in the Alberta market in a compliance period contains, on average, no less than 2% qualifying bio-based diesel content by volume, as determined by the following formula:

AQd% = (Qd + NTId  - NTOd + FCd ) × 100

UBDd + BDd

where

                                   AQd%    is the calculated average qualifying bio-based diesel content by volume contained in the diesel fuel and renewable-blended diesel that the fuel supplier placed in the Alberta market in the compliance period, expressed as a percentage;

                                      Qd        is the number of litres of qualifying bio-based diesel contained in the aviation fuel and renewable-blended diesel that the fuel supplier placed in the Alberta market in the compliance period;

                                      NTId    is the number of litres of qualifying bio-based diesel notionally transferred to the fuel supplier for the compliance period in accordance with section 6 or 8;

                                    NTOd    is the number of litres of qualifying bio-based diesel notionally transferred by the fuel supplier to another fuel supplier for the compliance period in accordance with section 6;

                                      FCd      is the number of fund contributions for litres of qualifying bio-based diesel obtained by the fuel supplier for the compliance period under section 9(1)(b);

                                    UBDd    is the number of litres of diesel fuel that the fuel supplier placed in the Alberta market in the compliance period that was not blended with qualifying bio-based diesel;

                                     BDd      is the number of litres of renewable-blended diesel that the fuel supplier placed in the Alberta market in the compliance period.

AR 29/2010 s2;211/2019

Qualifying renewable fuels

3(1)  A fuel is qualifying renewable alcohol if the fuel

                                 (a)    is produced from one or more renewable fuel feedstock types,

                                 (b)    meets the requirements

                                           (i)    for ethanol set out in ASTM International Standard ASTM D4806, Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel, as amended or replaced from time to time,

                                          (ii)    for ethanol set out in National Standard of Canada CAN/CGSB 3.511, Oxygenated Unleaded Automotive Gasoline Containing Ethanol, as amended or replaced from time to time, or

                                         (iii)    set out in a standard of ASTM International or the Canadian General Standards Board that is approved by the director,

                                     and

                                 (c)    has a greenhouse gas emissions intensity that is at least  25% less than the greenhouse gas emissions intensity of gasoline fuel, as determined in accordance with the Emissions Standard.

(2)  A fuel is qualifying bio-based diesel if the fuel

                                 (a)    is produced from one or more renewable fuel feedstock types,

                                 (b)    meets the requirements

                                           (i)    set out in ASTM International Standard ASTM D6751, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, as amended or replaced from time to time,

                                          (ii)    set out in National Standard of Canada CAN/CGSB-3.524, Biodiesel (B100) for blending in middle distillate fuels, as amended or replaced from time to time, or

                                         (iii)    set out in a standard of ASTM International or the Canadian General Standards Board that is approved by the director,

                                          and

                                 (c)    has a greenhouse gas emissions intensity that is at least 25% less than the greenhouse gas emissions intensity of diesel fuel, as determined in accordance with the Emissions Standard.

AR 29/2010 s3;211/2019

Validation by a greenhouse gas validator

4(1)  No person shall represent or imply that the fuel that the person is offering to sell in Alberta is qualifying renewable alcohol or qualifying bio‑based diesel unless

                                 (a)    the person holds a subsisting validation issued by a greenhouse gas validator in accordance with the Emissions Standard, and

                                 (b)    the fuel was produced in a manner that is consistent with the processes and feedstocks that are set out in the validation.

(2)  A validation issued by a greenhouse gas validator in accordance with the Emissions Standard expires one year after the date the validation is issued.

AR 29/2010 s4;211/2019

Incorporation of Emissions Standard

5   Pursuant to section 61 of the Act, the Renewable Fuels Greenhouse Gas Emissions Eligibility Standard developed under section 62 of the Act, as amended or replaced from time to time, is incorporated into and forms part of this Regulation.

Notional transfers between fuel suppliers

6(1)  A fuel supplier may notionally transfer to another fuel supplier all or part of the volume of qualifying renewable alcohol that was contained in the aviation fuel or gasoline fuel that the fuel supplier placed in the Alberta market in a compliance period, and the receiving fuel supplier may use the notional transfer for that compliance period in accordance with the formula set out in section 2(1).

(2)  A fuel supplier may notionally transfer to another fuel supplier all or part of the volume of qualifying bio‑based diesel that was contained in the aviation fuel or diesel that the fuel supplier placed in the Alberta market in a compliance period, and the receiving fuel supplier may use the notional transfer for that compliance period in accordance with the formula set out in section 2(2).

(3)  A notional transfer of renewable fuel under subsection (1) or (2)

                                 (a)    must be made on or before the March 31 following the compliance period in which the renewable‑blended fuel was placed in the Alberta market,

                                 (b)    must be supported by records of transfer made by each of the fuel suppliers that are parties to the transfer in accordance with subsections (4) and (5),

                                 (c)    must be recorded in the compliance reports of both fuel suppliers, and

                                 (d)    shall not be used by more than one fuel supplier.

(4)  A fuel supplier that makes a notional transfer of renewable fuel under this section to another fuel supplier must make a record of the transfer that includes the following information:

                                 (a)    the name of the fuel supplier that received the notional transfer;

                                 (b)    the date of the notional transfer;

                                 (c)    the number of litres of qualifying renewable alcohol notionally transferred;

                                 (d)    the number of litres of qualifying bio‑based diesel notionally transferred;

                                 (e)    the compliance period in which the renewable‑blended fuel was placed in the Alberta market by the fuel supplier making the notional transfer.

(5)  A fuel supplier that receives a notional transfer of renewable fuel under this section must make a record of the transfer that includes the following information:

                                 (a)    the name of the fuel supplier that made the notional transfer; 

                                 (b)    the date of the notional transfer;

                                 (c)    the number of litres of qualifying renewable alcohol notionally transferred;

                                 (d)    the number of litres of qualifying bio‑based diesel notionally transferred;

                                 (e)    the compliance period in which the renewable‑blended fuel was placed in the Alberta market by the fuel supplier making the notional transfer.

AR 29/2010 s6;211/2019

Approved contributors

7   The director may approve the application of a person to be an approved contributor for the purposes of this Regulation if the person

                                 (a)    blends gasoline fuel, aviation fuel or diesel that has been placed in the Alberta market with renewable fuel,

                                 (b)    places the renewable‑blended fuel in the Alberta market, and

                                 (c)    is not a fuel supplier.

Notional transfers from approved contributors

8(1)  An approved contributor may notionally transfer to a fuel supplier all or part of the volume of qualifying renewable alcohol that was contained in the aviation fuel or gasoline fuel that the approved contributor placed in the Alberta market in a compliance period, and the fuel supplier may use the notional transfer for that compliance period in accordance with the formula set out in section 2(1).

(2)  An approved contributor may notionally transfer to a fuel supplier all or part of the volume of qualifying bio‑based diesel that was contained in the aviation fuel or diesel that the approved contributor placed in the Alberta market in a compliance period, and the fuel supplier may use the notional transfer for that compliance period in accordance with the formula set out in section 2(2).

(3)  A notional transfer of renewable fuel under subsection (1) or (2)

                                 (a)    must be made on or before the March 31 following the compliance period in which the renewable‑blended fuel was placed in the Alberta market,

                                 (b)    must be supported by records of transfer made by the approved contributor and fuel supplier that are parties to the transfer in accordance with subsections (4) and (5),

                                 (c)    must be recorded in the compliance reports of the approved contributor and the fuel supplier, and

                                 (d)    shall not be used by more than one fuel supplier.

(4)  An approved contributor that makes a notional transfer of renewable fuel to a fuel supplier under this section must make a record of the transfer that includes the following information:

                                 (a)    the name of the fuel supplier; 

                                 (b)    the date of the notional transfer;

                                 (c)    the number of litres of qualifying renewable alcohol notionally transferred;

                                 (d)    the number of litres of qualifying bio‑based diesel notionally transferred;

                                 (e)    the compliance period in which the renewable‑blended fuel was placed in the Alberta market by the approved contributor.

(5)  A fuel supplier that receives a notional transfer of renewable fuel from an approved contributor under this section must make a record of the transfer that includes the following information:

                                 (a)    the name of the approved contributor; 

                                 (b)    the date of the notional transfer;

                                 (c)    the number of litres of qualifying renewable alcohol notionally transferred;

                                 (d)    the number of litres of qualifying bio‑based diesel notionally transferred;

                                 (e)    the compliance period in which the renewable‑blended fuel was placed in the Alberta market by the approved contributor.

AR 29/2010 s8;211/2019

Fund contributions

9(1)  A fuel supplier may obtain fund contributions for use in a compliance period by contributing money to the Fund as follows:

                                 (a)    for each $0.90 the fuel supplier contributes to the Fund to obtain fund contributions for qualifying renewable alcohol, the fuel supplier may obtain a fund contribution for one litre of qualifying renewable alcohol;

                                 (b)    for each $1.35 the fuel supplier contributes to the Fund to obtain fund contributions for qualifying bio‑based diesel, the fuel supplier may obtain a fund contribution for one litre of qualifying bio‑based diesel.

(2)  A fuel supplier may use fund contributions obtained under this section for a compliance period in accordance with the formula set out in section 2(1) or (2) subject to the following rules:

                                 (a)    a fund contribution must be obtained on or before the March 31 following the compliance period for which the contribution is to be used;

                                 (b)    fund contributions may only be used to replace up to 5% of the volume of qualifying renewable alcohol that the fuel supplier is required to place in the Alberta market in the compliance period in order to comply with section 2(1);

                                 (c)    fund contributions may only be used to replace up to 5% of the volume of qualifying bio‑based diesel that the fuel supplier is required to place in the Alberta market in the compliance period in order to comply with section 2(2);

                                 (d)    a fund contribution may not be used by more than one fuel supplier;

                                 (e)    the use of a fund contribution must comply with any guidelines developed under section 62 of the Act.

AR 29/2010 s9;211/2019

Part 2
Reporting, Records and Greenhouse Gas Validators

Fuel supplier compliance report

10(1)  On or before the March 31 following each compliance period, a fuel supplier must submit a report to the director respecting its compliance with this Regulation for that compliance period.

(2)  The report must contain the information and data required in a form required by the director.

(3)  A fuel supplier shall submit the report by electronic means if required by the director.

(4)  The report must

                                 (a)    either confirm that the requirements of section 4 have been met for the compliance period or provide an acknowledgement that the requirements have not been met for the compliance period,

                                 (b)    set out the result of the calculations under section 2 and the values for all of the information included in reaching that result,

                                 (c)    set out, for each fuel supplier or approved contributor from which the fuel supplier received a notional transfer of renewable fuel for the compliance period,

                                           (i)    the legal name and address of that fuel supplier or approved contributor, and

                                          (ii)    the volume and type of renewable fuel notionally transferred,

                                 (d)    set out, for each fuel supplier to which the fuel supplier notionally transferred renewable fuel for the compliance period,

                                           (i)    the legal name and address of that fuel supplier, and

                                          (ii)    the volume and type of renewable fuel notionally transferred,

                                 (e)    include, for each shipment of renewable fuel that the fuel supplier received from a renewable fuel provider and blended with fuel that the fuel supplier placed in the Alberta market in the compliance period,

                                           (i)    the legal name and address of the renewable fuel provider,

                                          (ii)    the volume and type of renewable fuel received,

                                         (iii)    the date the renewable fuel was received,

                                         (iv)    the reference number of a validation issued to the renewable fuel provider under section 4 that was subsisting on the date the renewable fuel was received, and

                                          (v)    a declaration from the renewable fuel provider that the renewable fuel was produced in a manner that is consistent with the processes and feedstocks that are set out in the validation referred to in subclause (iv),

                                     and

                                 (f)    be certified by a person and in a manner required by the director.

Approved contributor compliance report

11(1)  On or before the March 31 following each compliance period in which an approved contributor provided a notional transfer to a fuel supplier under section 8, the approved contributor must submit a report for the compliance period to the director.

(2)  The report must contain the information and data required in a form required by the director.

(3)  The approved contributor shall submit the report by electronic means if required by the director.

(4)  The report must

                                 (a)    set out, for each fuel supplier to which the approved contributor notionally transferred renewable fuel in the compliance period,

                                           (i)    the legal name and address of that fuel supplier, and

                                          (ii)    the volume and type of renewable fuel notionally transferred,

                                 (b)    include, for each shipment of renewable fuel that the approved contributor received from a renewable fuel provider and blended with fuel that the approved contributor placed in the Alberta market in the compliance period,

                                           (i)    the legal name and address of the renewable fuel provider,

                                          (ii)    the volume and type of renewable fuel received,

                                         (iii)    the date the renewable fuel was received,

                                         (iv)    the reference number of a validation issued to the renewable fuel provider under section 4 that was subsisting on the date the renewable fuel was received, and

                                          (v)    a declaration from the renewable fuel provider that the renewable fuel was produced in a manner that is consistent with the processes and feedstocks that are set out in the validation referred to in subclause (iv),

                                     and

                                 (c)    be certified by a person and in a manner required by the director.

Renewable fuel provider compliance report

12(1)  On or before the March 31 following each compliance period in which a renewable fuel provider provided renewable fuel to a fuel supplier or approved contributor, the renewable fuel provider must submit a report to the director respecting its compliance with this Regulation for that compliance period.

(2)  The report must contain the information and data required in a form required by the director.

(3)  The renewable fuel provider shall submit the report by electronic means if required by the director.

(4)  The report must

                                 (a)    include copies of all validations issued to the renewable fuel provider under section 4 that were subsisting in the compliance period,

                                 (b)    include, for each shipment of renewable fuel that the renewable fuel provider sold or allocated to a fuel supplier or approved contributor in the compliance period,

                                           (i)    the legal name and address of the fuel supplier or approved contributor,

                                          (ii)    the volume and type of renewable fuel sold or allocated,

                                         (iii)    the date the renewable fuel was received by the fuel supplier or approved contributor, and

                                         (iv)    a copy of the declaration that the renewable fuel provided to the fuel supplier or approved contributor for the shipment of renewable fuel,

                                     and

                                 (c)    be certified by a person and in a manner required by the director.

Further information, verification and resubmission

13   The director may do one or more of the following regarding a report or information submitted to the director:

                                 (a)    require that additional information or data be provided;

                                 (b)    require verification or further verification by a greenhouse gas validator of any information or data;

                                 (c)    require that an audit report respecting the accuracy of the report or information be prepared in accordance with Canadian generally accepted accounting principles and submitted to the director;

                                 (d)    collect any additional information or conduct any review or audit to verify the accuracy of a report or information submitted to the director that the director considers necessary;

                                 (e)    direct the fuel supplier, approved contributor or renewable fuel provider to resubmit information in accordance with any directions that the director considers necessary.

Retention of records

14(1)  A fuel supplier, approved contributor or renewable fuel provider that submits a compliance report shall, for at least 5 years following the submission of the application or report, retain

                                 (a)    a copy of the report, and

                                 (b)    the records, information and data on which the report was based.

(2)  The material retained under subsection (1) must be located at the head or principal office, in Alberta, of the fuel supplier, approved contributor or renewable fuel provider or at any other place with the written approval of the Director.

Qualifications of greenhouse gas validators

15(1)  A person is eligible to be a greenhouse gas validator for the purpose of this Regulation if the person

                                 (a)    is

                                           (i)    registered as a professional engineer under the Engineering and Geoscience Professions Act,

                                          (ii)    certified as an environmental auditor, principal environmental auditor, lead environmental auditor or business improvement environmental auditor by Exemplar Global, or

                                         (iii)    a member of a profession that has substantially similar competence and practice requirements as a profession referred to in subclause (i)

                                                  (A)    in a province or territory of Canada, or

                                                  (B)    approved by the director, in a jurisdiction outside of Canada,

                                 (b)    has technical knowledge of

                                           (i)    renewable fuel production processes,

                                          (ii)    audit practices, and

                                         (iii)    any other matters considered relevant by the director,

                                     and

                                 (c)    has any other qualifications that the director considers necessary.

(2)  A person is not eligible to be a greenhouse gas validator for a renewable fuel provider if

                                 (a)    the person is a director, officer or employee of

                                           (i)    the renewable fuel provider,

                                          (ii)    a fuel supplier that purchases or acquires renewable fuel from the renewable fuel provider,

                                         (iii)    a person who sells or transfers renewable fuel to the renewable fuel provider,

                                         (iv)    a person who manufactures renewable fuel that is sold to the renewable fuel provider, or

                                          (v)    an affiliate, within the meaning of section 2 of the Business Corporations Act, of the renewable fuel provider or of a fuel supplier or of a person referred to in subclause (iii) or (iv),

                                     or

                                 (b)    the person is an employee or agent of the Government.

(3)  The director may request evidence of a person’s qualifications and eligibility as a greenhouse gas validator and may determine that the person is not eligible to perform the functions of a greenhouse gas validator if the director is not satisfied that the person possesses the necessary qualifications or that the person is eligible.

AR 29/2010 s15;170/2012;211/2019

Part 3
Enforcement

Administrative Penalties

Notice of administrative penalty

16(1)  The following provisions of this Regulation are provisions in respect of which a notice of administrative penalty may be given under section 38 of the Act:

                                 (a)    section 2;

                                 (b)    section 4;

                                 (c)    section 10;

                                 (d)    section 11;

                                 (e)    section 12;

                                 (f)    section 14;

                                 (g)    section 19(1)(b) and (c).

(2)  A notice of administrative penalty must be given in writing and must contain the following information:

                                 (a)    the name of the person required to pay the administrative penalty;

                                 (b)    particulars of the contravention;

                                 (c)    the amount of the administrative penalty and the date by which it must be paid;

                                 (d)    a statement of the right to appeal to the Environmental Appeals Board given under section 42 of the Act.

Administrative penalty assessment

17(1)  The amount of an administrative penalty for a fuel supplier that contravenes section 2(1) must be determined by the following formula:

$AP =     [(Da x 0.05) - Na] x $0.30

where

                                   $AP       is the administrative penalty;

                                     Da         is the calculated total of all of the information included in the denominator of the formula in section 2(1) for the compliance period;

                                     Na         is the calculated total of all of the information included in the numerator of the formula in section 2(1) for the compliance period.

(2)  The amount of an administrative penalty for a contravention of section 2(2) must be determined by the following formula:

$AP =     [(Dd x 0.02) – Nd] x $0.45

where

                                   $AP       is the administrative penalty;

                                    Dd         is the calculated total of all of the information included in the denominator of the formula in section 2(2) for the compliance period;

                                    Nd         is the calculated total of all of the information included in the numerator of the formula in section 2(2) for the compliance period.

(3)  Subject to subsections (4) and (5), the amount of an administrative penalty that may be imposed for the purposes of section 38(2)(a) of the Act for each contravention referred to in section 16(1)(b) to (g) of this Regulation that occurs, or for each day or part of a day on which the contravention occurs and continues, is $1000.

(4)  In a particular case, the director may increase or decrease the amount of the administrative penalty from the amount set out in subsection (3) on considering the following factors:

                                 (a)    the severity of the contravention;

                                 (b)    the degree of wilfulness or negligence in the contravention;

                                 (c)    whether there was any mitigation relating to the contravention;

                                 (d)    whether steps have been taken to prevent reoccurrence of the contravention;

                                 (e)    whether the person who receives the notice of administrative penalty has a history of non‑compliance;

                                 (f)    any other factors that, in the opinion of the director, are relevant.

(5)  The maximum administrative penalty that may be imposed under subsection (3) for the purposes of section 38(2)(a) of the Act is $5000 for each contravention, or for each day or part of a day on which the contravention occurs or continues, as the case may be.

(6)  The maximum administrative penalty that may be imposed under section 38(2)(b) of the Act for each contravention referred to in section 16(1)(b) to (g) of this Regulation is $100 000.

Payment of penalty

18   A person who is served with a notice of administrative penalty shall pay the amount of the penalty within 30 days of the date of service of the notice.

Offences

Offences

19(1)  A person who

                                 (a)    contravenes section 4, 10, 11, 12 or 14,

                                 (b)    performs the functions of a greenhouse gas validator and does not meet the requirements set out in section 15, or

                                 (c)    retains a person as a greenhouse gas validator who does not meet the requirements set out in section 15,

is guilty of an offence.

(2)  A person who is guilty of an offence under subsection (1) is liable

                                 (a)    to a fine of not more than $50 000, in the case of an individual, or

                                 (b)    to a fine of not more than $500 000, in the case of a corporation.

Due diligence

20   No person shall be convicted of an offence under this Regulation if that person establishes on a balance of probabilities that the person took all reasonable steps to prevent its commission.

Part 4
Review

21 to 24   Repealed AR 211/2019 s8.

Review

25   This Regulation must be reviewed

                                 (a)    on or before January 1, 2022, and

                                 (b)    on or before January 1 of every 5th year after 2022.

AR 29/2010 s25;211/2019