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Volume 59, No. 23

287/2016

The British Columbia Gazette,

Part II

December 13, 2016

B.C. Reg. 287/2016 , deposited December 7, 2016, under the GREENHOUSE GAS REDUCTION (RENEWABLE AND LOW CARBON FUEL REQUIREMENTS) ACT [sections 24 to 27]. Order in Council 902/2016, approved and ordered December 6, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Renewable and Low Carbon Fuel Requirements Regulation, B.C. Reg. 394/2008, is amended

(

a) as set out in the attached Appendix 1, and

(

b) effective January 1, 2017, as set out in the attached Appendix 2.

— W. R. BENNETT, Minister of Energy and Mines and Minister Responsible for Core Review ; M. MORRIS, Presiding Member of the Executive Council .

Appendix 1

Section 1 (1) of the Renewable and Low Carbon Fuel Requirements Regulation, B.C. Reg. 394/2008, is amended by adding the following

definitions:

“carbon intensity record” means a record required under

(

a) section 11.08 (4.1) [Part 3 compliance reports] , or

(

b) section 11.031 (1) [carbon intensity and fuel records in relation to exclusion agreements] ;

“exclusion agreement” means an agreement referred to in

(

a) section 6.1 (

b) or (c) [exclusions from “supply” –

Part 3 fuels] , or

(

b) section 7.1 (4) [application to become

Part 3 fuel supplier] of the Act;

“exclusion report” means a report required under

section 11.032 (1) in relation to an exclusion agreement;

“exemption report” means a report under

(

a) section 7.2 (1) (b) [exemption from renewable fuel content requirements] , or

(

b) section 11.022 (1) (b) [exemption from low carbon fuel requirements] ; .

2 The following

Part is added:

Part 1.1 – General Requirements

Requirement for complete and accurate reports and records

6.2

(1) Subject to subsection (3), a person who is required to

(

a) submit a report referred to in subsection (2) to the director,

(

b) provide a carbon intensity record under

section 11.031 [Part 3 fuel provided under an exclusion agreement] , or

(

c) include a carbon intensity record in a report referred to in subsection

(2) contravenes this

section if the report or record, as applicable, does not completely and accurately disclose the information required to be included in that report or record.

(2) Subsection (1) applies to the following reports:

(

a) a

Part 2 compliance report;

(

b) a

Part 3 compliance report;

(

c) a supplementary report under

section 3 (2) [Part 2 compliance reports] or 7 (2) [Part 3 compliance reports] of the Act;

(

d) an exemption report;

(

e) an exclusion report under

section 11.032 (1) [exclusion reports in relation to exclusion agreements] ;

(

f) a report under

section 11.101 (1) (b) [application for validation of credits] ;

(

g) a report under

section 29 [transition – transferring debits and validated credits] .

(3) Subsection (1) does not apply in relation to a carbon intensity record received by the person under

section 11.031 (2) or (6) [record provided by other party to exclusion agreement or by the director] .

(4) A person who is required to provide additional information under any of the following contravenes this

section if the additional information provided is incomplete or inaccurate:

(a)

section 3 (4) (b) [Part 2 compliance reports] of the Act;

(b)

section 7 (4) (b) [Part 3 compliance reports] of the Act;

(

c) section 6.4 (1) or (2) [additional information in support of reports and records] .

Fuel identification requirements

6.3

(1) Subject to subsection (2), if the director has published, on a publicly accessible website maintained by the ministry of the minister, a system for categorizing or describing fuels, the reports and records referred to in

section 6.2 (1) [requirement for complete and accurate reports and records] must identify fuels in accordance with the system as it is published at the time that the report is submitted or the record provided.

(2) Subsection (1) does not apply in relation to a carbon intensity record received under

section 11.031 (2) or (6) [record provided by other party to exclusion agreement or by the director] by the purchasing

Part 3 fuel supplier.

Additional information in support of reports and records

6.4

(1) The director may require a person who submits a report under any of the following to provide additional information in support of the report:

(

a) section 7.2 (2) (b) [exemption report for

Part 2 fuel supplier] ;

(

b) section 11.022 (2) (b) [exemption report for

Part 3 fuel supplier] ;

(

c) section 11.032 (1) [reports in relation to exclusion agreements] ;

(

d) section 11.101 (1) (b) [application for validation of credits] ;

(

e) section 29 [transition – transferring debits and validated credits] .

(2) The director may require a person who

(

a) provides a carbon intensity record under

section 11.031 (5) [director may require record] , or

(

b) includes a carbon intensity record in a

Part 3 compliance report under

section 11.08 (4.1) [record required for each

Part 3 fuel reported]

to provide additional information in support of the record.

(3) A person who is required to provide additional information under subsection (1) or (2) of this

section or

section 3 (4) (b) [Part 2 compliance reports] or 7 (4) (b) [Part 3 compliance reports] of the Act must provide the additional information

(

a) by the date specified by the director, and

(

b) if applicable, in the manner and form specified by the director.

(4) If required by the director, a person required to provide additional information as referred to in subsection (3) must include with the additional information a signed statement of the officer or employee who is providing the additional information on behalf of the person

(

a) confirming that a record evidencing the individual’s authority to provide the additional information on behalf of the person is available on request, and

(

b) containing the following statement:

I certify that the information provided is true and complete to the best of my knowledge and I understand that the director may require records evidencing the truth of the information to be provided.

(5) For the purposes of subsection (4),

(a)

section 9 (6) [records evidencing a matter] applies in relation to additional information requested from a

Part 2 fuel supplier or in relation to

Part 2 fuel, and

(

b) section 11.08 (9) [records evidencing a matter] applies in relation to additional information requested from a

Part 3 fuel supplier or in relation to

Part 3 fuel.

(6) A person required to provide additional information under this

section must retain records necessary for the person to demonstrate compliance with the requirement as follows:

(

a) the records must be maintained at the person’s principal place of business in British Columbia, if any, or the place of business of the person’s attorney, otherwise;

(

b) the records must be retained for the 7 years that apply under this regulation to retention of records in relation to the report or carbon intensity record to which the additional information requirement is related.

Section 7.2 is repealed and the following substituted:

Exemption from renewable fuel content requirements

7.2

(1) The director may, on application by a

Part 2 fuel supplier, exempt the

Part 2 fuel supplier from

section 2 [requirements for renewable fuel content] of the Act for a compliance period if

(

a) the

Part 2 fuel supplier supplies not more than 75 million litres of

Part 2 fuels in the compliance period, and

(

b) the director is satisfied that

(

i) the

Part 2 fuel supplier has not been designated under

section 4 (2) [application to become a

Part 2 fuel supplier] of the Act as a

Part 2 fuel supplier for the compliance period, and

(ii) the

Part 2 fuel supplier has not notionally transferred fuel under

section 5 (1) (a) [transferring or retaining renewable fuel excess or deficiency] of the Act.

(2) An application under subsection (1) must

(

a) be made in the manner and form specified by the director, and

(

b) include an exemption report in the form specified by the director.

(3) Section 9 (3) [identifying and contact information] , as it applies to a compliance report, applies to an exemption report under this section.

(4) An exemption report under this

section must set out the following information for the compliance period set out under paragraph (a):

(

a) the compliance period to which the report relates;

(

b) the volume of

Part 2 fuel supplied by the

Part 2 fuel supplier.

(5) An exemption report under this

section must be signed by the officer or employee referred to in

section 9 (3) (

c) and include a signed statement of that individual

(

a) confirming that the

Part 2 fuel supplier meets the criteria set out in subsection (1) (b),

(

b) confirming

(

i) that records evidencing the volume of

Part 2 fuel supplied in the compliance period are available on request, and

(ii) that a record evidencing the individual’s authority to submit the report on behalf of the

Part 2 fuel supplier is available on request, and

(

c) 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 the director may require records evidencing the truth of that information to be provided.

(6) Section 9 (6) (a) [records evidencing a matter] applies for the purposes of evidencing the volume of

Part 2 fuel reported under subsection (4) (b).

(7) If a

Part 2 fuel supplier is granted an exemption under subsection (1) for a compliance period,

(

a) the exemption report under this

section is the

Part 2 fuel supplier’s

Part 2 compliance report for the compliance period, and

(

b) subject to subsection (6),

section 9 (4) to (7) does not apply to the

Part 2 fuel supplier for the compliance period.

(8) A

Part 2 fuel supplier that is granted an exemption under subsection (1) for a compliance period must maintain, at the address referred to in

section 9 (3) (d), books of accounts and the records referred to in subsection (5) (b) (

i) of this

section for a period of 7 years after the end of that compliance period.

Section 9 is amended

(

a) by repealing subsection (5) and substituting the following:

(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 individual

(

a) confirming

(

i) that records evidencing the renewable nature of all of the 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, and

(iii) that a record evidencing the individual’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 the director may require records evidencing the truth of that information to be provided. , and

(

b) by repealing subsection (7) and substituting the following:

(7) A

Part 2 compliance report must be submitted in the manner and form specified by the director.

Section 11.022 is repealed and the following substituted:

Exemption from low carbon fuel requirements

11.022

(1) The director may, on application by a

Part 3 fuel supplier, exempt the

Part 3 fuel supplier from

section 6 (1) [low carbon fuel requirement] of the Act for a compliance period if

(

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

(

b) the director is satisfied that the following criteria are met:

(

i) the

Part 3 fuel supplier has not been designated under

section 7.1 (2) [application to become a

Part 3 fuel supplier] of the Act as a

Part 3 fuel supplier for the compliance period;

(ii) the

Part 3 fuel supplier has not transferred or acquired debits under

section 8 (2) [transferring credits and debits] of the Act in the compliance period;

(iii) the

Part 3 fuel supplier has not had credits validated under

section 8 (4) [validation required before credit transferred] of the Act as credits generated in the compliance period;

(iv) the

Part 3 fuel supplier has not entered into an agreement under

section 8.01 [agreement with director] of the Act in relation to the compliance period.

(2) An application under this

section must

(

a) be made in the manner and form specified by the director, and

(

b) include an exemption report in the form specified by the director.

(3) Section 11.08 (3) [identifying and contact information] , as it applies to a compliance report, applies to an exemption report under this section.

(4) An exemption report under this

section must set out the following information for the compliance period set out under paragraph (a):

(

a) the compliance period to which the report relates;

(

b) the volume of

Part 2 fuel supplied by the

Part 3 fuel supplier.

(5) An exemption report under this

section must be signed by the officer or employee referred to in

section 11.08 (3) (

c) and include a signed statement of that individual

(

a) confirming that the

Part 3 fuel supplier meets the criteria set out under subsection (1) (b),

(

b) confirming

(

i) that the records evidencing the volume of

Part 2 fuel supplied in the compliance period are available on request, and

(ii) that a record evidencing the individual’s authority to submit the report on behalf of the

Part 3 fuel supplier is available on request, and

(

c) 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 the director may require records evidencing the truth of that information to be provided.

(6) Section 9 (6) (a) [records evidencing a matter] applies for the purposes of evidencing the volume of

Part 2 fuel reported under subsection (4) (b).

(7) If a

Part 3 fuel supplier is granted an exemption under subsection (1) for a compliance period,

(

a) the exemption report under this

section is the

Part 3 fuel supplier’s

Part 3 compliance report for the compliance period, and

(

b) section 11.08 (4) to (10) does not apply to the

Part 3 fuel supplier for the compliance period.

(8) A

Part 3 fuel supplier that is granted an exemption under subsection (1) for a compliance period must maintain, at the address referred to in

section 11.08 (3) (d), books of accounts and the records referred to in subsection (5) (b) (

i) of this

section for a period of 7 years after the end of that compliance period.

6 The following sections are added:

Carbon intensity and fuel records required in relation to exclusion agreements

11.031

(1) This

section applies to a person who, in a compliance period, sells

Part 3 fuel under an exclusion agreement to a

Part 3 fuel supplier.

(2) Subject to subsection (3), the person must provide the following information to the purchasing

Part 3 fuel supplier in relation to each transfer of

Part 3 fuel under the exclusion agreement:

(

a) a carbon intensity record in accordance with

section 11.071 [carbon intensity records – content requirements] for each

Part 3 fuel transferred;

(

b) identification and quantity of the fuel to which the carbon intensity record relates.

(3) Subsection (2) does not apply in relation to petroleum-based gasoline or petroleum-based diesel fuel.

(4) The information required under subsection (2) must be provided to the purchaser by the earlier of the following dates:

(

a) the date that is 30 days after the person receives a written request from the purchaser for the information;

(

b) January 31 of the calendar year following the compliance period.

(5) On request of the director, the person must provide to the director the information referred to in subsection (2) by the date specified by the director.

(6) The director may provide information provided under subsection (5) to the purchaser entitled to receive it under subsection (2).

Exclusion reports required in relation to exclusion agreements

11.032

(1) A person who sells or purchases

Part 3 fuel under an exclusion agreement in a compliance period must submit to the director an exclusion report in accordance with this

section for the compliance period.

(2) An exclusion report must be submitted to the director on or before March 31 of the calendar year following the compliance period.

(3) An exclusion report must set out, as applicable, all the following identifying and contact information respecting the person:

(

a) legal name;

(

b) operating name;

(

c) name of the officer or employee submitting the report on behalf of the person;

(

d) the address of the head office in British Columbia, if applicable, and otherwise, the name and address of the corporation’s attorney in British Columbia, including, as applicable, street address, postal address, city and postal code;

(

e) telephone and fax numbers;

(

f) email address.

(4) An exclusion report must set out all the following information in relation to the person for the compliance period set out under paragraph (a):

(

a) the compliance period to which the report relates;

(

b) for each type of

Part 3 fuel that the person purchased under exclusion agreements,

(

i) the legal names and addresses of the sellers,

(ii) the quantity of that type of

Part 3 fuel that the person purchased under the exclusion agreements, and

(iii) the quantity of that type of

Part 3 fuel that the person purchased under the exclusion agreements and did not sell under exclusion agreements or supply;

(

c) for each type of

Part 3 fuel that the person sold under exclusion agreements,

(

i) the legal names and addresses of the purchasers, and

(ii) the quantity of that type of

Part 3 fuel that the person sold under exclusion agreements.

(5) An exclusion report must be signed by the officer or employee referred to in subsection (3) (

c) and include a signed statement of that individual

(

a) confirming

(

i) that records evidencing each matter reported under subsection (4) (

b) or (

c) are available on request, and

(ii) that a record evidencing the individual’s authority to submit the report on behalf of the person 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 the director may require records evidencing the truth of that information to be provided.

(6) For the purposes of subsection (5),

section 11.08 (9) applies to an exclusion report.

(7) An exclusion report must be submitted in the manner and form specified by the director.

(8) A person who is required to submit an exclusion report for a compliance period must maintain at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, books of accounts and the records referred to in subsection (5) (a) (

i) for a period of 7 years after the end of that compliance period.

Section 11.07 (4) is repealed and the following substituted:

(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 the director may require records evidencing the truth of that information to be provided.

8 The following

section is added:

Carbon intensity records – content requirements

11.071

(1) A carbon intensity record must set out the following for each

Part 3 fuel to which it relates:

(

a) the carbon intensity of the

Part 3 fuel;

(

b) which of the provisions of the Act was relied on to determine the carbon intensity of the

Part 3 fuel:

(i)

section 6 (5) (a);

(ii)

section 6 (5) (b);

(iii)

section 6 (5) (c);

(iv)

section 6 (5) (d) (i);

(v)

section 6 (5) (d) (ii) (A);

(vi)

section 6 (5) (d) (ii) (B);

(

c) the following information, as applicable:

(

i) if the person required to provide the carbon intensity record determined the carbon intensity of the

Part 3 fuel using a carbon intensity published in accordance with

section 6 (5) (

c) of the Act, the fuel code shown for the

Part 3 fuel in that publication;

(ii) if the person required to provide the carbon intensity record determined the carbon intensity of the

Part 3 fuel using the method referred to in

section 6 (5) (d) (ii) (

A) of the Act, a record of inputs to an approved GHGenius, as defined in

section 11.06 (1) of this regulation, and any additional information necessary to reproduce, using the approved GHGenius, the result submitted;

(iii) if the person required to provide the carbon intensity record determined the carbon intensity of the

Part 3 fuel using the method referred to in

section 6 (5) (d) (ii) (

B) of the Act, 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.

(2) A carbon intensity record for a blend of

Part 3 fuels must

(

a) set out the proportion of each

Part 3 fuel in the blend, and

(

b) include carbon intensity records that conform to subsection (1) for each

Part 3 fuel in the blend.

(3) A carbon intensity record must be in the form specified by the director.

Section 11.08 is amended

(

a) by repealing subsection (4) (

c) to (c.2),

(

b) by adding the following subsection:

(4.1) A

Part 3 compliance report must include a carbon intensity record for each

Part 3 fuel reported under subsection (4) (b). ,

(

c) by repealing subsection (5),

(

d) by repealing subsection (7) and substituting the following:

(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 individual

(

a) confirming, as applicable,

(

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, and

(iii) that a record evidencing the individual’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 the director may require records evidencing the truth of that information be provided.

(

e) by repealing subsection (8),

(

f) in subsection (9) by adding the following paragraph:

(

c) carbon intensity records. , and

(

g) by repealing subsection (10) and substituting the following:

(10) A

Part 3 compliance report must be submitted in the manner and form specified by the director.

10 The following

section is added:

Application for validation of credits

11.101

(1) An application under

section 8 (4) of the Act must

(

a) be made in the manner and form specified by the director, and

(

b) include a report in the form specified by the director.

(2) Section 11.08 (3) [identifying and contact information] , as it applies to a compliance report, applies to a report under this section.

(3) A report under this

section must set out

(

a) the 3 month period to which the application relates, and

(

b) the quantity of each

Part 3 fuel supplied in that period.

(4) A report under this

section must include the carbon intensity record for each

Part 3 fuel reported under subsection (3) (b).

(5) A report under this

section must be signed by the officer or employee referred to in

section 11.08 (3) (

c) and include a signed statement of that individual

(

a) confirming

(

i) that records evidencing the carbon intensity of all

Part 3 fuel reported under subsection (3) (

b) are available on request, and

(ii) that a record evidencing the individual’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 the director may require records evidencing the truth of that information be provided.

(6) For the purposes of subsection (5),

section 11.08 (9) applies to a report under this section.

(7) A person that applies under this

section in a compliance period must maintain at its principal place of business in British Columbia, if any, or the place of business of its attorney, otherwise, books of accounts and the records referred to in subsection (5) (a) (

i) for a period of 7 years after the end of that compliance period.

Section 11.11 is amended by adding the following subsection:

(5) The director may disclose statistical information about transfers of debits and validated credits including, without limitation, information respecting

(

a) the numbers of debits or validated credits traded, and

(

b) the average price per debit or validated credit traded.

Section 12 is repealed and the following substituted:

Prescribed contraventions

(1) The following contraventions of the Act are prescribed for the purposes of

section 12 (1) [administrative penalties in relation to other matters] of the Act:

(

a) a failure to provide a

Part 2 fuel compliance report by the date it is due;

(

b) a failure to provide a

Part 3 fuel compliance report by the date it is due;

(

c) a failure to provide a supplementary report under

section 3 (2) [Part 2 compliance reports] or 7 (2) [Part 3 compliance reports] of the Act;

(

d) a failure to give written notice required by

section 6 (9) [change in carbon intensity] of the Act;

(

e) a failure to retain records as required under

section 8 (10) [transfers of credits and debits] of the Act.

(2) The following contraventions of this regulation are prescribed for the purposes of

section 12 (1) of the Act:

(

a) a contravention of

section 6.2 [requirement for complete and accurate reports and records] ;

(

b) a failure to comply with the requirements of

section 6.3 [fuel identification requirements] ;

(

c) a failure to provide additional information in accordance with

section 6.4 [additional information in support of reports and records] ;

(

d) any of the following in relation to

section 7.3 [renewable fuel labelling requirements] :

(

i) a failure to post a label in the circumstances required under subsection (1) of that section;

(ii) a failure to give notice in the circumstances required under subsection (1) of that section;

(iii) a failure to give notice in accordance with subsection (2) (

b) of that section;

(iv) posting a label that does not meet the requirements of subsection (3) of that section;

(

e) a failure to provide a carbon intensity record or other information required under

section 11.031 (5) [director requirement for information related to exclusion agreement] ;

(

f) a failure to provide a report required under

section 11.032 (1) [exclusion reports in relation to exclusion agreements] ;

(

g) a failure to retain books of accounts or records as required under any of the following:

(

i) section 6.4 (6) [additional information in support of reports and records] ;

(ii)

section 7.1 (1) [notional renewable fuel transfers] ;

(iii)

section 7.2 (8) [exemption from renewable fuel requirements] ;

(iv)

section 11 (1) or (2) [records for

Part 2 fuel supplier] ;

(

v) section 11.022 (8) [exemption from low carbon fuel requirements] ;

(vi)

section 11.032 (8) [reports in relation to exclusion agreements] ;

(vii)

section 11.10 (1) or (2) [records for

Part 3 fuel supplier] ;

(viii)

section 11.11 (4) [transferring debits and validated credits] ;

(ix)

section 29 (6) [transition – transferring debits and validated credits] .

(3) A failure to pay an administrative penalty when it is due under

(a)

section 9 (2), 10 (2) or 11 (5) of the Act, or

(b)

section 18 (2) of this regulation,

as applicable, is prescribed as a contravention for the purposes of

section 12 (1) of the Act.

Section 13 (2) is repealed and the following substituted:

(2) The maximum amount of an administrative penalty that may be imposed for a contravention described in any of the following is $100 000:

(a)

section 12 (1) (a) [Part 2 fuel compliance report] ;

(b)

section 12 (1) (b) [Part 3 fuel compliance report] ;

(c)

section 12 (1) (c) [supplementary reports] ;

(d)

section 12 (2) (a) [complete and accurate reports and records] ;

(e)

section 12 (2) (b) [fuel identification requirements] ;

(f)

section 12 (2) (c) [information in support of reports and records] ;

(g)

section 12 (2) (e) [carbon intensity records] ;

(h)

section 12 (2) (f) [exclusion reports] .

(2.1) The maximum amount of an administrative penalty that may be imposed for a contravention described in any of the following is $10 000:

(a)

section 12 (1) (d) [notice of change in carbon intensity] ;

(b)

section 12 (1) (e) [transfer records for credits and debits] ;

(c)

section 12 (2) (g) [record retention requirements] .

(2.2) The maximum amount of an administrative penalty that may be imposed for a contravention described in

section 12 (2) (d) [renewable fuel labelling requirements] is $500.

Section 29 (5) is repealed and the following substituted:

(5) A report under this

section must be signed by the officer or employee referred to in

section 11.08 (3) (

c) and include a signed statement of that individual

(

a) confirming, as applicable, all the following:

(

i) that records evidencing each matter reported under subsection (4) (

b) and (c), if applicable, are available on request;

(ii) that a record evidencing the individual’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 the director may require records evidencing the truth of that information to be provided.

Appendix 2

Section 1 of the Renewable and Low Carbon Fuel Requirements Regulation, B.C. Reg. 394/2008, is amended

(

a) in subsection (1) by adding the following definition:

“affiliate” has the same meaning as in

section 1 (1) of the Business Corporations Act ; , and

(

b) by repealing subsection (2) and substituting the following:

(2) For the purposes of the definition of “carbon dioxide equivalent” in

section 1 of the Act, the carbon dioxide equivalent of a given mass of another greenhouse gas is the product of that mass and the global warming potential for that gas that is

(

a) set out in a report of the Intergovernmental Panel on Climate Change, and

(

b) specified by the director by reference to the report.

Section 7.2 is amended

(

a) in subsection (1) (

b) by adding the following subparagraph:

(iii) the total of the

Part 2 fuel supplied in the compliance period by the

Part 2 fuel supplier and its affiliates is not more than the amount referred to in paragraph (a). , and

(

b) in subsection (4) by adding the following paragraph:

(

c) if the

Part 2 fuel supplier has affiliates who are also

Part 2 fuel suppliers, the legal names and addresses of those affiliates and the volume of

Part 2 fuel supplied by each of those affiliates in that compliance period.

Section 11.02 (1) is repealed and the following substituted:

(1) For the purposes of the formula set out in

section 6 (4) [Part 3 fuels: calculation of credits or debits] 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 3 opposite the compliance period, and

(

b) the carbon intensity limit for diesel class fuel is the limit set out in Column 2 opposite the compliance period.

Table 1

COLUMN 1

Compliance Period

COLUMN 2

Carbon Intensity Limit for Diesel Class Fuel

COLUMN 3

Carbon Intensity Limit for Gasoline Class Fuel

(g CO2e/MJ)

(g CO2e/MJ)

90.02

83.74

88.60

82.41

87.18

81.09

2020 and subsequent compliance periods

85.28

79.33

Section 11.02 (3) is amended by repealing Table 3 and substituting the following:

Table 3

COLUMN

1 Fuel

COLUMN 2

Energy Density/Unit

Petroleum-based diesel fuel or diesel fuel produced from biomass

38.65 MJ/L

Hydrogenation-derived renewable diesel fuel

36.51 MJ/L

Biodiesel

35.40 MJ/L

Petroleum-based gasoline, natural gas-based gasoline or gasoline produced from

biomass

34.69 MJ/L

Ethanol

23.58 MJ/L

Hydrogen

141.24 MJ/kg

LNG

52.46 MJ/kg

CNG

37.85MJ/m3

Propane

25.47 MJ/L

Electricity

3.60 MJ/kWh

Section 11.02 (4) (

a) and (

b) is repealed and the following substituted:

(

a) the carbon intensity for petroleum-based diesel fuel is 94.76 g CO2e/MJ,

(

b) the carbon intensity for petroleum-based gasoline is 88.14 g CO2e/MJ, .

Section 11.022 is amended

(

a) in subsection (1) (

b) by adding the following subparagraph:

(

v) the total of the

Part 2 fuel supplied in the compliance period by the

Part 3 fuel supplier and its affiliates, if any, is not more than the amount referred to in paragraph (a). , and

(

b) in subsection (4) by adding the following paragraph:

(

c) if the

Part 3 fuel supplier has affiliates who are also

Part 3 fuel suppliers, the legal names and addresses of those affiliates and the volume of

Part 2 fuel supplied by each of those affiliates in that compliance period.

Section 11.04 is amended by repealing the Table and substituting the following:

Table

COLUMN

1 Fuel

COLUMN 2 Carbon Intensity

(g CO2e/MJ)

Renewable fuel in relation to diesel class fuel

98.96

Propane

75.35

Renewable fuel in relation to gasoline class fuel

88.14

Natural gas-based gasoline

90.07

LNG

112.65

CNG

63.64

Electricity

19.73

Hydrogen

96.82

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