Part IIFinal RegulationPublished: July 6, 2022

Clean Fuel Regulations: Lower Fuel Carbon Intensity

Clean Fuel Regulations: SOR/2022-140

New federal Clean Fuel Regulations require most gasoline and diesel producers and importers to meet steadily tighter life‑cycle carbon‑intensity limits (reaching a 14 gCO2e/MJ reduction by 2030) and keep minimum volumetric low‑carbon fuel shares. The regulations create a compliance‑credit market, reporting and third‑party verification rules, land‑use/biodiversity criteria for biofeedstocks, and come into force on registration (June 21, 2022), with the carbon‑intensity requirements beginning July 1, 2023.

Published
July 6, 2022
Department
Unavailable
Section
Clean Fuel Regulations
Comment deadline
Unavailable
Effective date
June 21, 2022
Publication part
Part II

Summary

Summary#

The federal final regulation called the Clean Fuel Regulations sets new rules to lower the life‑cycle carbon intensity of gasoline and diesel supplied for use in Canada. It makes most fuel producers and importers meet gradually tighter limits (reaching 14 gCO2e/MJ by 2030) and creates a system of credits, reporting and verification to let suppliers meet the rules in different ways. The reduction rules begin on July 1, 2023 (the Regulations were registered on June 21, 2022) and the older Renewable Fuels Regulations are repealed on September 30, 2024.

What it does#

  • Sets annual carbon‑intensity limits for gasoline and diesel that tighten year by year, rising to a required drop equal to 14 gCO2e/MJ by 2030 (compared with 2016 baseline levels).
  • Keeps minimum blending (volumetric) requirements: at least 5% of a supplier’s gasoline volume and 2% of a supplier’s diesel volume must be displaced by low‑carbon replacements each year.
  • Creates a credit system:
    • Companies that reduce fuel life‑cycle emissions, produce or import low‑carbon fuels, or supply low‑carbon energy to vehicles can earn compliance credits.
    • Credits can be traded; provisional credits are issued then finalized after reporting and verification.
    • A registered fund lets a supplier buy credits by contributing to approved projects (price set at $350 per credit in 2022 dollars, CPI adjusted).
    • A market‑clearing backstop sets a maximum purchase price for forced transfers at $300 (CPI adjusted).
  • Requires registration, electronic reporting and third‑party verification for most credit creators and for suppliers’ compliance reports. Includes deadlines for annual and quarterly reports and verification.
  • Introduces land‑use and biodiversity criteria for biomass feedstocks used to make low‑carbon fuels. Producers must show tracing, material balances and, in many cases, certification.
  • Uses a federal Fuel LCA Model (life‑cycle assessment tool) to calculate carbon intensities for low‑carbon fuels and pathways and allows applicants to get a Minister’s approval for specific CI pathways.
  • Allows recognition of some foreign projects and pathways if the foreign jurisdiction meets conditions, and limits crediting to fuel used in Canada (exports are not credited).
  • Provides administrative exemptions: a primary supplier that produces or imports less than 400 m3 of gasoline or less than 400 m3 of diesel in a compliance period is exempt from the Regulations for that fuel in that period.

Who's affected#

  • Primary suppliers: companies that produce, refine or import gasoline or diesel for use in Canada and that meet or exceed 400 m3 per compliance period (these are the main regulated parties).
  • Companies that own or operate refineries, upgraders, fuel importers and large fuel distributors.
  • Producers and importers of low‑carbon fuels (ethanol, renewable diesel, renewable natural gas, etc.) and operators of charging networks or hydrogen/NG fuelling stations — they can register as registered creators to earn credits.
  • Owners/operators of fuelling stations and charging‑network operators (because of credits and the rule that charging‑network credit revenues must be reinvested in EV infrastructure or incentives).
  • Households and businesses that buy gasoline and diesel: suppliers may pass costs on, so fuel prices and some transportation costs could rise.
  • Provinces and communities that rely heavily on heating oil, remote communities and some industrial operations — the Regulations have targeted exemptions and special rules, but local impacts vary.

Why it matters#

  • This rule aims to reduce greenhouse gas emissions from road fuels by pushing suppliers to lower the life‑cycle carbon intensity of the fuels they sell and by creating a market for low‑carbon options (the government’s central estimate is about 204 Mt CO2e reduced between 2022 and 2040).
  • It creates new business opportunities (credits, low‑carbon fuel production, EV charging services) and also new costs (estimated central societal cost $30.7 billion over the analysis period; net cost per tonne about $151 in the government analysis). Those are government estimates used to weigh trade‑offs — the actual impacts will depend on how the market responds.
  • For consumers, the practical effects include potential increases in fuel prices and gradual greater availability of lower‑carbon fuels and EV charging. For industry, it means new reporting, verification and choices about whether to invest in low‑carbon fuels, carbon capture, charging infrastructure, or to buy credits.
  • The Regulations are designed to work with existing carbon pricing and provincial programs. They include safeguards (biofuel land‑use rules, verification) to limit unintended environmental harms and to protect the integrity of credits.
  • If you work in fuel supply, low‑carbon fuel production, vehicle charging, transportation or you pay for fuel, these rules are likely to touch your costs, investments or options in the coming years. If something above is unclear on how it affects your situation, say so and I can point to the specific part of the regulation that covers it.

Key topics

Clean Fuel RegulationsCanadian Environmental Protection Act, 1999CEPAFuel LCA Modelcompliance-credit transfer systemRegistered emission-reduction funding programRenewable Fuels Regulationsethanolbiodieselhydrogenrenewable natural gasland-use and biodiversity criteriaEnvironment and Climate Change Canadacarbon intensitycarbon capture and storage

Source: Canada Gazette

Official source