Biodiesel Fund Grant Regulation

Biodiesel Fund Grant Regulation, M.R. 91/2010 The Biofuels Act , C.C.S.M. c. B40 Regulation 91/2010 Registered July 8, 2010 bilingual version (HTML) Table of Contents Section 1 Introductory provisions 2 Duration of biodiesel grant program 3 Eligibility for grant 4 Application for biodiesel grant 5 Amount of grant 6 Overpayment 7 Records 8 Coming into force Introductory provisions 1 The following definitions apply in this regulation. "12-month period" means the consecutive 12-month period beginning on April 1 of one year and ending on March 31 of the following year. (« période de 12 mois ») "Act" means The Biofuels Act . («  Loi  ») "blended biodiesel" means blended biodiesel that meets the specifications set out in clause 4(a) or (b) of the Biodiesel (General) Regulation , Manitoba Regulation 178/2008. (« biodiesel mélangé ») "eligible person" means a person who is eligible to receive a grant under section 3. (« personne admissible ») "qualifying litre" means a litre of biodiesel that (a) is manufactured in Manitoba; and (b) meets the specifications for biodiesel set out in section 3 of the Biodiesel (General) Regulation , Manitoba Regulation 178/2008. (« litre admissible ») "quarter" means the consecutive three-month periods of April to June, July to September, October to December and January to March, (« trimestre ») "record" means information that (a) is recorded or stored by mechanical, electronic, magnetic, optical or any other means; and (b) is recorded or stored in understandable form or is capable of being produced or reproduced in understandable form. (« dossier et registre » ou « document ») "sold" includes a transfer or any other manner of disposition and "sale" has a corresponding meaning. (« vendu ») Duration of biodiesel grant program 2 The biodiesel grant program begins on April 1, 2010 and ends on March 31, 2015, and a grant from the program may be calculated and paid in respect of qualifying litres that are sold in any quarter during that period. Eligibility for grant 3(1) A person is eligible to receive a grant from the biodiesel grant program in respect of the qualifying litres that the person manufactured if, in the 12-month period to which the grant relates, the person (a) held a commercial licence, as provided for in the Biodiesel (General) Regulation , Manitoba Regulation 178/2008; and (b) sold one or more qualifying litres. When person ceases to be eligible for a grant 3(2) A person ceases to be an eligible person if the minister (a) suspends or cancels the person's commercial licence; or (b) is satisfied that the person has failed to comply with a term or condition of the following, and has failed to remedy the non-compliance in a manner agreed to by the minister: (i) the person's commercial licence, (ii) the agreement the person entered into with the minister under subsection 6.2(2) of the Act. Application for biodiesel grant 4(1) To receive a biodiesel grant in respect of a quarter, an eligible person must apply to the minister, in a form approved by the minister, and include the following in the application: (a) the number of qualifying litres manufactured by the person that the person held in inventory at the beginning of the quarter and at the end of the quarter; (b) the number of qualifying litres that the person manufactured in the quarter; (c) the number of qualifying litres manufactured by the person that, in the quarter, the person (i) sold in Manitoba, (ii) sold for export, (iii) used to make blended biodiesel that the person then sold in Manitoba, or (iv) used to make blended biodiesel that the person then sold for export; (d) any other information necessary to accurately complete the application form and that the minister may require in order to approve or determine the amount of the grant. Timing of grant application 4(2) The deadline for an eligible person to apply for a grant in respect of a quarter is 30 days after the end of the quarter. Late applications 4(3) If an application is received after the deadline, the minister may add the number of qualifying litres in respect of which the grant application was made to a subsequent application that the eligible person makes for any remaining quarter in the 12-month period. Application required even if grant is nil 4(4) Once an eligible person has submitted an application for a grant from the biodiesel grant program, the person must continue to submit an application that contains the information required under subsection (1) for each successive quarter in the 12-month period, regardless of whether in the particular quarter the person sold any qualifying litres. Amount of grant 5(1) Subject to this section, the minister may approve a grant to an eligible person in the amount calculated in accordance with the following formula: Grant = $0.14 × A In this formula: A is the sum of the number of qualifying litres manufactured by the eligible person that, during the quarter to which the grant relates, the person (a) sold in Manitoba or for export; or (b) used to make blended biodiesel that the person then sold in Manitoba or for export. Limit on amount of grant 5(2) The total number of qualifying litres for which a grant may be paid may not exceed the following: (a) in a 12-month period, 20 million litres; (b) in the following quarters, (i) January to March, four million litres, (ii) April to June and July to September, seven million litres each, and (iii) October to December, two million litres. Reduction if applications exceed limits 5(3) If the total number of qualifying litres for which a grant may be paid in a quarter exceeds a limit in clause (2)⁠(b), the minister must make any reductions necessary, on a pro rata basis among the eligible persons who applied for a grant, to ensure that the limit is not exceeded. Amounts that may be carried forward 5(4) The minister may carry forward the following amounts in respect of one or more of the first three quarters of a 12-month period to one or more of the subsequent quarters within the 12-month period: (a) if the total number of qualifying litres for which a grant is approved is less than the limit in clause (2)⁠(b), the difference may be carried forward and added to the limit for a subsequent quarter; (b) if the minister makes a reduction under subsection (3), the number of qualifying litres for which an eligible person did not receive a grant may be carried forward and added to the person's grant application made for a subsequent quarter. Overpayment 6(1) If a grant has been provided to an eligible person in excess of the amount to which the person was entitled, the amount of the excess is an overpayment. Collection of overpayment 6(2) An overpayment is deemed to be a debt due to the government and may be recovered from the person who received it in any manner authorized by law. Records 7(1) An eligible person must keep records and books of account in such form and containing such information as will enable the accurate determination of compliance with this regulation, including (a) data and calculations of the volumes reported for the purposes of section 4; (b) dated metered-values, bills of lading, contracts, invoices, sales receipts, records of payment, records of transfers and records of production of biodiesel; and (c) addresses and identifying information about persons who purchased biodiesel or blended biodiesel from the eligible person. Retention of records 7(2) A person required to keep records and books of account under this section must ensure that the records and books of account are retained for a period of at least seven years following the date to which the record or book of account relates. Coming into force 8 This regulation comes into force on July 1, 2010, or on the day it is registered under The Regulations Act , whichever is later.