Gasoline Regulations

SOR/90-247CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 1990-04-26
Regulations Respecting Concentrations of Lead and Phosphorus in Gasoline
P.C. 1990-740 1990-04-26Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection ActFootnote *, the Minister of the Environment published in the Canada GazettePart I on July 15, 1989 a copy of the annexed Regulations respecting concentrations of lead and phosphorus in gasoline, substantially in the form annexed hereto;
Return to footnote *R.S., c. 16 (4th Supp.)
And Whereas, in the opinion of the Governor in Council, the concentrations of lead and phosphorus in gasoline prescribed in the annexed Regulations, if exceeded, would, on the combustion of the gasoline in ordinary circumstances, result in a significant contribution to air pollution;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 47 and subsection 87(1) of the Canadian Environmental Protection Act*, is pleased hereby to revoke the Lead-Free Gasoline Regulations, C.R.C., c. 408 and the Leaded Gasoline Regulations, C.R.C., c. 409 and to make the annexed Regulations respecting concentrations of lead and phosphorus in gasoline, in substitution therefor.Short Title

1 These Regulations may be cited as the Gasoline Regulations.

Interpretation

2 In these Regulations,

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primary supplier[Repealed, SOR/2003-106, s. 1]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

SOR/94-355, s. 1;
SOR/98-217, s. 1;
SOR/2000-104, s. 2;
SOR/2003-106, s. 1;
SOR/2008-126, s. 1.

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Application

3 (1) These Regulations do not apply in respect of gasoline for use in aircraft.
(2) These Regulations, except for sections 2 and 11, do not apply in respect of gasoline for use in competition vehicles.

SOR/94-355, s. 2;
SOR/97-147, s. 1;
SOR/98-217, s. 2;
SOR/2003-106, s. 2;
SOR/2008-126, s. 2;
SOR/2010-134, s. 1.

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Maximum Concentrations of Lead in Gasoline

4 The maximum concentration of lead in gasoline produced, imported or sold in Canada is 5 mg/L.

SOR/94-355, s. 2;
SOR/2008-126, s. 3.

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5 [Repealed, SOR/2008-126, s. 4]
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Maximum Concentration of Phosphorous in Gasoline

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

7 The concentration of lead in gasoline produced, imported or sold in Canada shall be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 19.5-2004, Methods of Testing Petroleum and Associated Products: Determination of Lead in Automotive Gasoline (Atomic Absorption), as amended from time to time.

SOR/94-355, s. 3;
SOR/98-217, s. 3;
SOR/2008-126, s. 5.

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8 The concentration of phosphorus in gasoline produced, imported or sold in Canada shall be measured in accordance with the ASTM International method ASTM D 3231-07, Standard Test Method for Phosphorus in Gasoline, as amended from time to time.

SOR/98-217, s. 4;
SOR/2003-106, s. 3;
SOR/2008-126, s. 5.

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

10 [Repealed, SOR/2008-126, s. 6]
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11 (1) Every person who produces, sells or imports for use or sale in Canada leaded gasoline for use in competition vehicles shall make and retain a record of the quantities of leaded gasoline produced, sold or imported for use or sale in Canada each year and that record shall show

(a) the gasoline’s brand name;
(b) the gasoline’s octane rating and the test method by which the rating was determined;
(c) the average lead concentration in milligrams of lead per litre of gasoline on a yearly basis;

(d) the name and address of

(i) the distributor or reseller of the gasoline, if the gasoline was sold for distribution or resale, or
(ii) the track or event location where the gasoline was used, if the gasoline was sold at a particular track or event location; and

(e) the total quantity of leaded gasoline sold to each of the entities specified in subparagraph (d)(i) or at each of the locations specified in subparagraph (d)(ii).

(2) The record shall be submitted annually to the Minister on or before March 31 of the year following each year during which leaded gasoline was produced, sold or imported for use or sale in Canada.
(3) The record shall be retained in Canada for a period of five years beginning on the date the record is made.

(4) Any record submitted under subsection (2) shall

(a) in the case of a corporation, be signed by an officer of the corporation who is authorized to act on its behalf;
(b) in the case of any other person, be signed by the person submitting the record, or by a person authorized to act on behalf of that person;
(c) in the case of any other entity, be signed by a person authorized to act on its behalf.

SOR/94-355, s. 4;
SOR/98-217, s. 5;
SOR/2003-106, s. 4;
SOR/2008-126, s. 7.

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