Clean Fuel Regulations — 57
Producer or importer — paragraph 46 (1)(a) 57 (1) A feedstock referred to in paragraph 46 (1)(a) is not eligible unless (a) the registered creator ensures that any person who produces a low-carbon-intensity fuel using the feedstock retains the following records: (i) delivery records, contracts and invoices with respect to each quantity of the feedstock that is brought to any of their facilities, (ii) sales records for all low-carbon-intensity fuel, other than co-processed low-carbon-intensity fuel, that was produced using all or any portion of a quantity of the feedstock, and (iii) records for all co-processed low-carbon-intensity fuel that demonstrate that it was produced using all or any portion of a quantity of eligible feedstock; and (b) the registered creator who imports into Canada a quantity of a low-carbon-intensity fuel produced using the feedstock retains the following records with respect the quantity of low-carbon-intensity fuel: (i) delivery records, contracts and invoices, and (ii) sales records. Eligibility — paragraph 46 (1)(b) or (c) (2) A feedstock referred to in paragraph 46 (1)(b) or (c) is not eligible unless (a) declarations are made by the following persons in accordance with any of subsections 58 (1) to (4) at least once every year: (i) every person who possesses all or any portion of a quantity of the feedstock when it is mixed with another quantity of any feedstock, (ii) every person who possesses all or any portion of a quantity of the feedstock when it is processed, (iii) every person who possesses all or any portion of a quantity of the feedstock when it is divided into multiple portions, (iv) the person who is responsible for obtaining all or any portion of a quantity of the feedstock from its first point of use or disposal, in the case of a feedstock referred to in paragraph 46 (1)(b), and (v) the person who is responsible for harvesting all or any portion of a quantity of the feedstock, in the case of a feedstock referred to in paragraph 46 (1)(c); (b) the registered creator or foreign supplier ensures that any person who harvests, mixes, processes, divides or obtains all or any portion of a quantity of the feedstock retains (i) the declaration that they made under paragraph (a), (ii) a copy of the declaration made under paragraph (a), if any, by the person who possessed that quantity immediately before they did, and (iii) records that establish the quantity of the feedstock that enters and is removed from the site where it is harvested, mixed, processed, divided or obtained; (c) the registered creator or foreign supplier retains records in accordance with subsection 59 (1); (d) the registered creator who imports into Canada a low-carbon-intensity fuel that was produced using the feedstock retains records in accordance with subsection 59 (2); and (e) the registered creator or foreign supplier has a methodology in place to determine whether, each time a quantity of the feedstock is removed from the site where it is harvested, mixed, processed, divided or obtained, the quantity that is removed from the site is less than or equal to the quantity determined by the formula set out in subsection 47 (1).