Biodiesel (General) Regulation

Biodiesel (General) Regulation, M.R. 178/2008 The Biofuels Act , C.C.S.M. c. B40 Regulation 178/2008 Registered November 24, 2008 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Diesel fuel is a prescribed motive fuel 2.1 Biodiesel includes renewable diesel 3 Specifications for biodiesel sold or offered for sale 4 Specifications for blended biodiesel sold or offered for sale 4.1 Standards adopted as amended 5 Licences 6 Licence required to manufacture 7 Commercial licence 8 Repealed 9 Licence holder must give notice of changes 10 Commercial licence holder 11 Repealed 11.1 Supplementary reports 12 General information requirements 13 Seller to provide certificate on request 14 Penalty — failing to comply 15 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Biofuels Act . («  Loi  ») "commercial licence holder" means the holder of a licence to manufacture biodiesel in Manitoba issued under section 7. (« titulaire d'une licence commerciale ») "diesel fuel" means (a) diesel fuel, including marked or coloured diesel fuel, used in powering a diesel engine; and (b) after December 31, 2012, motive fuel used in powering a railway locomotive, and any equipment attached directly to the same fuel supply system that services the locomotive; but does not include jet fuel, bunker fuel, crude oil, kerosene, other than kerosene that is blended with diesel fuel, or marked or coloured motive fuel used for heating. (« carburant diesel ») "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 », « registre » ou « document ») "renewable diesel fuel" means a motive fuel produced from (a) organic materials that are plant or animal based, including dedicated energy crops, agricultural crops and trees, food, feed and fibre crop residues, aquatic plants, forestry and wood residues, agricultural wastes; or (b) biobased segments of industrial and municipal wastes, processing by-products and other non-fossil organic materials. (« carburant diesel renouvelable ») "sale" includes barter, trade or exchange. (« vente ») M.R. 116/2011 ; 147/2012 ; 147/2020 Diesel fuel is a prescribed motive fuel 2 In respect of the definition "blended biodiesel" in section 1 of the Act, diesel fuel is prescribed as a motive fuel. M.R. 116/2011 Biodiesel includes renewable diesel 2.1 In respect of clause (b) of the definition "biodiesel" in section 1 of the Act, renewable diesel fuel is prescribed as biodiesel. M.R. 147/2012 SPECIFICATIONS FOR BIODIESEL Specifications for biodiesel sold or offered for sale 3(1) Biodiesel, that is not renewable diesel fuel, sold or offered for sale in Manitoba for use in powering a diesel engine must meet the specifications set out in the Canadian General Standards Board Standard CAN/CGSB-3.524-2017, Biodiesel (B100) for Blending in Middle Distillate Fuels . 3(2) Renewable diesel fuel sold or offered for sale in Manitoba for use in powering a diesel engine must meet the specifications set out in the Canadian General Standards Board Standard CAN/CGSB-3.517-2017, Diesel Fuel . M.R. 116/2011 ; 147/2012 ; 147/2020 Specifications for blended biodiesel sold or offered for sale 4 Blended biodiesel sold or offered for sale in Manitoba for use in powering a diesel engine must meet the following specifications: (a) for blends that contain at least 1% but not more than 5% biodiesel by volume, Canadian General Standards Board Standard CAN/CGSB-3.520-2017, Diesel Fuel Containing Low Levels of Biodiesel (B1-B5) ; (b) for blends that contain more than 5% but not more than 20% biodiesel by volume, Canadian General Standards Board Standard CAN/CGSB-3.522-2017, Diesel Fuel Containing Biodiesel (B6-B20) ; (c)   despite clauses (a) and (b), for blends that contain renewable diesel fuel but no ester-based oxygenated fuel, the fuel standard prescribed in subsection 3(2). M.R. 116/2011 ; 147/2012 ; 147/2020 Standards adopted as amended 4.1 A standard adopted in section 3 or 4 is adopted as amended from time to time, but an amendment is of no force and effect for 180 days after it is first published. M.R. 116/2011 LICENSING OF MANUFACTURERS Licences 5 A commercial licence to manufacture biodiesel is hereby established. M.R. 147/2020 Licence required to manufacture 6 A person must hold a commercial licence to manufacture biodiesel in Manitoba, if the person (a) manufactures 15,000 litres or more of biodiesel in Manitoba in a year; or (b) sells or offers to sell in Manitoba biodiesel that the person manufactured in Manitoba. M.R. 147/2020 Commercial licence 7(1) To become a commercial licence holder, a person must make application to the minister, in a form approved by the minister, setting out all the information stipulated by the form, including (a) the applicant's name and address; (b) if the applicant is (i) a corporation, the names and addresses of the directors of the corporation, or (ii) a partnership, the names and addresses of the partners; (c) a description of the biodiesel manufacturing facility to be operated by the applicant, including (i) its address, (ii) its designed production capacity, and (iii) an estimate of the number of litres of biodiesel expected to be produced each year at the facility; and (d) a written copy of the quality assurance program the applicant will implement respecting the biodiesel to be manufactured. 7(2) The minister may issue a commercial licence to an applicant if he or she is satisfied that (a) the biodiesel to be produced by the applicant will meet one of the specifications set out in section 3; and (b) the applicant has obtained all permits, consents and approvals under the applicable environmental laws. 8 [Repealed] M.R. 147/2020 Licence holder must give notice of changes 9(1) A commercial licence holder must notify the minister within 14 days of any changes in the information provided under subsection 7(1). 9(2) [Repealed] M.R. 147/2020 M.R. 147/2020 RECORDS AND REPORTING Commercial licence holder 10(1) In respect of each month, a commercial licence holder must keep a manufacturing record containing the following information: (a) the quantity of biodiesel manufactured in Manitoba; (b) the disposition of that biodiesel, including separate listings for the number of litres (i) sold in Manitoba, (ii) exported from Manitoba, (iii) used by the licence holder to manufacture blended biodiesel, or (iv) retained by the licence holder; (c) if the licence holder manufactured blended biodiesel in the month, the number of litres manufactured and its disposition, including separate listings for the number of litres (i) sold in Manitoba, (ii) exported from Manitoba, (iii) retained by the licence holder, or (iv) used by the licence holder as a fuel for powering a diesel engine. 10(2) In respect of each year, a commercial licence holder must, on or before March 31 of the following year, complete and file with the minister a report, in a form approved by the minister, setting out all the information stipulated by the form, including the total for the year of each item required to be recorded under subsection (1). 11 [Repealed] M.R. 147/2020 Supplementary reports 11.1(1) A commercial licence holder must file a supplementary report with the minister within 60 days after the licence holder becomes aware that (a) information in an annual report filed under subsection 10(2) did not completely and accurately disclose the information required to be included in the report for the year; or (b) information required to be reported in a previous report has changed. 11.1(2) A licence holder who files a supplementary report must specify in the report (a) the year to which the supplementary report relates; and (b) which information is different from the information provided in the original report for the year. M.R. 116/2011 ; 147/2020 General information requirements 12(1) A commercial licence holder must, for each of its facilities and transactions, 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) records of volumes of biodiesel manufactured; (b) bills of lading, contracts, invoices, sales receipts, certificates of analysis, records of payment and records of transfers; and (c) records of transactions for volumes of biodiesel and diesel fuel, purchased, used, blended and sold, and identifying information about the persons involved in the transactions. 12(2) [Repealed] M.R. 147/2020 12(3) A person required to keep a record under this regulation must ensure that the record is retained for a period of at least seven years following end of the year in which the record was created. M.R. 147/2020 GENERAL Seller to provide certificate on request 13 A person who sells biodiesel in Manitoba for use in powering a diesel engine must, on request, provide the minister or a purchaser with a copy of a certificate of analysis verifying that the biodiesel complies with the specifications in section 3. Penalty — failing to comply 14(1) For the purposes of subsection 5(2) of the Act , the minister may assess the following penalty on a person who holds a licence issued under this regulation for a failure to comply with a term or condition of the licence, or an agreement with the minister: (a) up to $25,000 for the first failure to comply; (b) up to $50,000 for the second failure to comply; (c) up to $75,000 for the third or any subsequent failure to comply. 14(2) A penalty under subsection (1) must be paid to the minister by the person against whom it is assessed within 45 days after it has been assessed. Coming into force 15 This regulation comes into force on December 15, 2008.