Canada Gazette, Part I, Volume 159, Number 50: Regulations Amending the Sulphur in Gasoline Regulations

December 13, 2025

Statutory authority
Canadian Environmental Protection Act, 1999

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The temporary sulphur compliance unit trading system under the Sulphur in Gasoline Regulations is scheduled to expire at the end of 2025. A portion of Canada’s primary suppliers of gasoline could fall out of compliance with the Sulphur in Gasoline Regulations (the Regulations) in 2026, once the system is no longer available. To comply with the Regulations, these firms would be required to alter production below maximum capacity and implement additional operational measures, resulting in a decrease in refining capacity and fuel availability in several regions.

Background

The Department of the Environment (the Department) administers a suite of regulatory and non-regulatory measures to address air pollution as part of the work under the federal Air Quality Program. Fuels regulations made under the Canadian Environmental Protection Act, 1999 (CEPA) address fuel quality and emissions of pollutants from the combustion of fuels. These regulations are designed to protect the environment and health of Canadians from the effects of air pollution through an integrated approach that deals with both fuel quality and vehicle and engine emissions. Fuels containing high sulphur levels notably contribute to air pollution and lead to increased emissions of sulphur dioxide and sulphate particles from vehicles and engines. Fuels with high sulphur levels also interfere with the performance of vehicle pollution control systems.

Canada’s Sulphur in Gasoline Regulations

On June 23, 1999, the Sulphur in Gasoline Regulations (the Regulations) were published in the Canada Gazette, Part II, mandating gasoline refiners and importers in Canada to limit the sulphur content of gasoline to reduce air pollution emissions from vehicles, thus contributing to improved air quality and health outcomes.^{footnote 1} The Regulations imposed a limit of an annual average level of 30 milligrams per kilogram (mg/kg), or 30 parts per million (ppm), with a never-to-be-exceeded limit of 80 ppm, beginning in 2005. The Regulations also included a simpler default option of a 40 ppm batch limit, with minimal administrative requirements.

The amendments and sulphur compliance units trading system

On July 29, 2015, the Regulations Amending the Sulphur in Gasoline Regulations (the 2015 Amendments) were published in the Canada Gazette, Part II, requiring refiners and importers to provide gasoline with lower sulphur content to the Canadian market.^{footnote 2} The annual gasoline pool average compliance option, which primary suppliers can elect to use, was reduced to 10 ppm for 2017 and beyond.

The 2015 Amendments included compliance flexibilities to help primary suppliers transition to the requirements for lower sulphur gasoline. One of these flexibilities was a temporary sulphur compliance unit (SCU) trading system, for the years 2012 to 2019, available to primary suppliers electing to participate in the annual pool average compliance option. The SCU trading system is a temporary mechanism designed to offer compliance flexibility to primary gasoline suppliers in Canada to help refiners manage the transition to lower sulphur gasoline limits. Primary suppliers can create SCUs by producing gasoline with a sulphur concentration below the applicable pool average limit (e.g. 10 ppm for units generated from 2017 onwards). These units can then be used to adjust their reported pool average for compliance. They can also be transferred to another primary supplier once.

On December 23, 2020, the Regulations Amending the Sulphur in Gasoline Regulations (the 2020 Amendments) were published in the Canada Gazette, Part II, to re-enact the temporary SCU trading system under the Regulations for the years 2020 to 2025.^{footnote 3} The 2020 Amendments also enabled primary gasoline suppliers in Canada (i.e. regulated parties) to transfer the surplus balances of SCUs that they generated or received in trade in the expired trading system and owned as of March 31, 2020, into the re-enacted temporary trading system, and provided regulated parties with the option to generate, trade, or bank SCUs in the temporary trading system for use during the 2020–2025 period.

This temporary trading system was re-enacted to address concerns raised by members of the Canadian Fuels Association (CFA), the industry association representing refiners in Canada. CFA members raised concerns about operational challenges due to unplanned outages of desulphurization equipment, as well as delays in completing the necessary upgrades to comply with the regulated limits that were caused by the COVID-19 pandemic.

Refiners and importers were able to achieve lower sulphur content between 2020 and 2024 compared to the preceding five years. However, the Canadian pool average of sulphur concentration in gasoline slightly exceeded the 10 ppm requirement between 2022 and 2024.^{footnote 4} While the industry has been trending towards fulfilling the requirements under the Regulations, it still relies on the credit trading system.

Objective

The objective of the proposed Regulations Amending the Sulphur in Gasoline Regulations (the proposed Amendments) is to provide primary suppliers of gasoline with continued flexibility in transitioning to lower sulphur gasoline. A re-enactment would allow for continued operations without disrupting supply chains, while the Department fully evaluates whether additional flexibilities are needed under a consolidated fuel regulation.

Description

The proposed Amendments would re-enact the temporary SCU trading system under the Regulations for the years 2026 to 2030. This temporary trading system would be available to regulated parties electing to participate in the annual pool average compliance option under the Regulations, and would provide regulated parties with the option to generate, trade or bank SCUs.

The proposed Amendments would enable regulated parties to transfer the surplus balances of SCUs that they generated or received in trade in the expired trading system and owned as of March 31, 2026, into the re-enacted temporary trading system.

Regulatory development

Consultation

Regulated parties consist of gasoline refiners and importers in Canada. The CFA represents companies that process crude oil into products, such as transportation fuels, and deliver these products to market. The CFA thus represents gasoline refiners in Canada. The Canadian Energy Marketers Association (CEMA) represents small and medium-sized Canadian energy marketers. CEMA thus represents gasoline importers in Canada that do not refine the gasoline they deliver to market. Companies in the Canadian transportation and original equipment manufacturing sectors are not regulated parties, but they are nonetheless indirectly impacted by the Regulations. These industry stakeholders are represented by the Canadian Vehicle Manufacturers’ Association, the Global Automakers of Canada, and the Automotive Parts Manufacturers’ Association of Canada.

The Regulatory Impact Analysis Statement for the 2020 Amendments included a commitment from the Department to “further assess and consult on the establishment of a permanent SCU trading system under the Regulations for 2026 and beyond.” In 2023 and 2024, Department officials met with the CFA and its members to discuss compliance flexibilities in the Regulations, including the temporary trading system. In January 2024, Department officials informed CFA members that it was not feasible to amend the Regulations before 2025, due to other high priorities on the Government’s regulatory agenda.

In 2024, a member of the CFA initially expressed concerns regarding the substantial costs associated with achieving compliance with the sulphur limit in the absence of a trading system. Another regulated party also raised concerns that unexpected challenges in their current operations could require additional capital projects to complete to remain in compliance with the Regulations. In the absence of the trading system during the time required to complete these projects, they may face difficulties in meeting the sulphur limit of the Regulations, potentially requiring them to scale back operation. In response, the Department engaged in consultations with both regulated parties to explore potential compliance pathways and provided comprehensive explanations of the available options. The proposed Amendments are expected to address their concerns by re-enacting the temporary trading system.

In summer 2025, the Department informed industry representatives, national Indigenous organizations, three First Nations in the vicinity of refineries, and environmental groups of its intention to propose to continue the temporary trading system.

In September 2025, the CFA indicated that its members would support the proposed re-enactment of the temporary SCU trading system, which would recognize SCUs accumulated under the expired trading system and come into effect in time to apply to the 2026 and later compliance periods.

The proposed Amendments are published in the Canada Gazette, Part I, followed by a 60-day comment period, in accordance with section 332 of CEPA.

Indigenous engagement, consultation and modern treaty obligations

Following the completion of the assessment of modern treaty implications, no adverse impacts on potential or established Indigenous or treaty rights, which are recognized and affirmed in section 35 of the Constitution Act, 1982, were identified.

The Department has engaged with the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council (MNC), as well as with three First Nations near refineries, on the Department’s plan to propose these Amendments. The MNC expressed public health concerns about potentially higher sulphur emissions as a result of renewing the trading system. The MNC also expressed concerns about the adequacy of consultation with Indigenous governments and has requested information on the performance of the existing trading system.

The Department will continue to engage Indigenous groups and inform them of the publication of the proposed Amendments in the Canada Gazette, Part I. All comments received during the 60-day comment period will be taken into consideration prior to finalizing the proposed Amendments.

The United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) is an international human rights instrument that sets out minimum standards for the survival, dignity and well-being of Indigenous Peoples. The Government of Canada is committed to taking effective measures, including legislative and policy measures, in consultation and cooperation with Indigenous Peoples, to achieve the objectives of the Declaration. While the proposed Amendments would allow sulphur emissions above the levels currently prescribed in the Regulations by permitting the use of banked credits, these elevated levels are expected to be limited in scope and to diminish over time. As a result, the proposed Amendments are not expected to result in measurable impacts on Indigenous Peoples.

Instrument choice

Without the ability to exchange and use SCUs generated in the expired temporary trading system, it is projected that some gasoline refiners in Canada could have difficulty complying with the standards for lower sulphur gasoline under the Regulations for 2026 and beyond, which could impact fuel availability serving several regions. As a result, maintaining the status quo (i.e. not re-establishing the expired temporary SCU trading system) was not pursued as an option.

As part of the Department’s Red Tape Reduction Plan and Progress Report, a permanent trading system or other flexibilities for compliance with the sulphur in gasoline concentration limits is being considered under a planned consolidated fuel regulation.^{footnote 5} The Department plans to begin engagement on the permanent trading system with regulated parties and stakeholders in fall 2025. As a result, the creation of a permanent trading system is not being proposed with these proposed Amendments, as the various impacts of such a system are being examined as part of the work to develop a consolidated fuel regulation.

The Department has explored the possibility of amending the Regulations to allow multiple facilities owned by the same operator to be considered a single facility. Such an approach would disproportionately benefit firms with multiple refineries, while the re-enactment of the temporary sulphur credit trading system could benefit any party covered by the Regulations. Furthermore, changes to the Regulations in terms of what is considered a refinery would impact the other fuels regulations the Department currently implements, which have similar definitions, likely requiring amendments to resolve. As a result, the Department has not advanced this option.

In the Department’s view, re-enacting the temporary trading system by means of the proposed Amendments is the recommended approach. It provides regulated parties with additional time to complete investments and improvements to meet the standards for lower sulphur gasoline under the Regulations, while giving the Department time to fully assess the creation of a permanent credit system.

Regulatory analysis

Benefits and costs

Impacts related to compliance with limits for sulphur in gasoline

Operational and technical constraints can limit a primary supplier’s ability to reprocess and blend gasoline with a high sulphur concentration to reduce sulphur content. The option of using the re-enacted temporary trading system under the proposed Amendments could provide primary suppliers with a relatively high level of relief.

The temporary trading system would facilitate compliance with the sulphur limit by allowing regulated parties to use credits to offset temporary exceedances resulting from unplanned shutdowns or other unforeseen operational events. Specifically, gasoline refiners should face lower operational risks in the event of unplanned equipment failure affecting desulphurization processes. While these types of interruptions are infrequent in general, they may happen with unpredictable timing or frequency, and they may result in extended operational delays for assessment, equipment replacement, repair or installation, and restart activities. The trading system would allow for continued operations without disrupting supply chains.

Impacts related to air pollutant emissions and air quality

Some refiners and importers would use SCUs to offset higher-sulphur gasoline than is currently imported or produced. The re-enactment of the temporary credit trading system would result in some increases in sulphur and associated air pollutant emissions from vehicles and engines using gasoline from those refiners and importers.

Business administrative and government impacts

Nearly all primary suppliers have already elected to comply with the annual gasoline pool average option. The proposed Amendments would lead to ongoing minor administrative costs for regulated parties electing to participate in the temporary trading system. These administrative costs would be related to administrative provisions concerning the temporary SCU trading system, and to ongoing record-keeping, reporting and auditing requirements in connection with SCU transactions.

The administrative burden was accounted for in the Regulatory Impact Analysis Statement for the 2020 Amendments, which covered the 2020–2029 analytical period. Accordingly, no additional impact was assessed for the proposed Amendments.

To implement and administer the temporary trading system, the Department would employ the existing processes used to track compliance and trading activity under the Regulations. These processes require minimal resources.

Small business lens

Analysis under the small business lens concluded that the proposed Amendments would not impact Canadian small businesses. The proposed Amendments would have impacts on regulated parties consisting of medium and large businesses only. There are currently no small business producers or importers of gasoline that report under the Regulations, given that the 2015 Amendments removed all reporting requirements for suppliers who produce or import less than 400 cubic metres (m³), or 400 000 litres (l), of gasoline annually.

One-for-one rule

The proposed Amendments re-enact the temporary credit trading system. The proposal amends an existing set of regulations, which results in no net increase or decrease in regulatory titles.

Participation in this system is not required; refiners and importers may remain in compliance by meeting the Regulations limits directly, without engaging in credit generation or trading. However, for those parties that choose to participate in the credit system, associated reporting, record-keeping, and verification obligations are required. Therefore, these activities are considered an administrative burden under the Red Tape Reduction Act. As noted in the Department’s Red Tape Reduction Plan and Progress Report, the proposed Amendments would provide flexibilities for compliance with the sulphur in gasoline concentration limits. This system would expire at the end of 2030, after which there would be no incremental administrative costs for businesses attributable to the proposed Amendments.

As noted in the “Benefits and costs” section, the administrative burden was accounted for in the Regulatory Impact Analysis Statement for the 2020 Amendments. The administrative burden for the Canadian gasoline producing and importing sector was estimated at approximately $4,041 in annualized average administrative costs over a 10-year analytical period (2020–2029).^{footnote 6} Net administrative impacts per business for 23 regulated parties (13 refineries and 10 importers) are anticipated to be on average 7 hours per year, which corresponds to approximately $176 in annualized average costs per business.

Regulatory cooperation and alignment

The same annual average limit of 10 ppm for sulphur content in gasoline is part of the United States (U.S.) Tier 3 fuel standards (PDF). Having consistent concentration limits and standards in North America enables the use of the same technologies in vehicles and engines in Canada and the United States, and similar sulphur reduction technologies at refineries when fuel is refined. The U.S. system, however, includes a permanent nationwide system that allows refiners and importers to average, bank and trade credits on an ongoing basis. The re-enactment of the SCU trading system on a temporary basis would maintain alignment between the existing trading system of the Regulations and the U.S. Tier 3 fuel regulations.

International obligations

Canada has commitments to reduce air pollution under two international treaties dealing with transboundary air pollution: the bilateral Canada-United States Air Quality Agreement^{footnote 7} (AQA) and the Convention on Long-range Transboundary Air Pollution and its multi-pollutant, multi-effects Gothenburg Protocol.^{footnote 8} Under both treaties, Canada has committed to reducing emissions of sulphur dioxide and nitrogen oxides, including from mobile sources, and other air pollutants — reductions that are supported by the Regulations. While the proposed Amendments would lead to small increases in emissions, they are an extension of existing flexibilities that would not impact Canada’s ability to continue to meet its emissions reduction commitments.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA), a SEEA concluded that the proposed Amendments would likely have minor effects on the environment and human health, as they would continue to maintain the current compliance regime.

The proposed Amendments would re-enact the temporary SCU trading system so primary suppliers can generate credits until December 31, 2030. Without the trading system, all primary suppliers using the annual gasoline pool average compliance option would be required to meet the 10 ppm annual limit.

As noted in the “Benefits and costs” section, the re-enacted credit trading system would lead to small regional increases in sulphur levels for the period the temporary trading system is in place.

The proposed Amendments would also be in line with the 2022 to 2026 Federal Sustainable Development Strategy (FSDS) goal 11 of improving access to affordable housing, clean air, transportation, parks, and green spaces, as well as cultural heritage in Canada; and the associated United Nations 2030 Agenda for Sustainable Development Goal (SDG) 11 of ensuring sustainable cities and communities.

Gender-based analysis plus

No gender-based analysis plus (GBA+) considerations have been identified for this proposal.

Right to a healthy environment 

The Government of Canada has a duty, in the administration of CEPA, to protect the right to a healthy environment as provided for under CEPA, subject to reasonable limits. An implementation framework (the Framework) sets out considerations to protect this right and uphold the principles described in the Framework.

Work to inform the proposed Amendments was completed before the Framework was published on July 19, 2025. Recognizing that CEPA decisions are informed by analyses and consultations that are often the result of years of work, a transition period is in place to allow the Department to support continued protection of the environment and human health. The objective of the transition period is to continue to advance timely CEPA decisions and actions, while consideration of the right to a healthy environment and relevant principles is being fully integrated into the administration of the Act. The proposed Amendments are proceeding under the transition period referenced in the Framework.

As noted in the “Benefits and costs” section, the re-enacted credit trading system would lead to small increases in sulphur levels, however, this risk is estimated to be short-lived, as it only exists for the period of time for which the credit trading system has been re-enacted.

Although the Framework was not available to be applied from the beginning of the work undertaken to inform the proposed Amendments, elements included in the Framework were considered. For example, the Department conducted stakeholder consultations and Indigenous engagement (see “Consultation” and “Indigenous engagement, consultation and modern treaty obligations” sections).

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Amendments would come into force on the day on which they are registered. Subject to Governor in Council approval, it is the Department’s intent to have the proposed Amendments come into force in early-to-mid 2026, such that participants in the temporary trading system would have sufficient notice to be able to create, trade, and use SCUs for compliance purposes.

Information on the proposed Amendments would be provided on the Department’s website and updated periodically, as needed.^{footnote 9}

The compliance promotion approach for the proposed Amendments would be similar to the approach taken for the Regulations, which includes maintaining a presence on the Department’s website and responding to inquiries from stakeholders. The Department would conduct regular compliance promotion activities, and the national fuels program is staffed with personnel who can respond to inquiries regarding the proposed Amendments.

As the proposed Amendments are made under CEPA, implementation and enforcement would be undertaken by the Department in accordance with the Compliance and Enforcement Policy for CEPA.^{footnote 10} Enforcement officers would apply this policy when verifying compliance with the regulatory requirements.

Contacts

Clare Demerse
Acting Director
Oil, Gas and Alternative Energy Division
Energy and Transportation Directorate
Environmental Protection Branch
Department of the Environment
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: fuels-carburants@ec.gc.ca

Matthew Watkinson
Executive Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Department of the Environment
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: darv-ravd@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, under subsection 332(1)^{footnote a} of the Canadian Environmental Protection Act, 1999^{footnote b}, that the Governor in Council proposes to make the annexed Regulations Amending the Sulphur in Gasoline Regulations under sections 140^{footnote c}, 326^{footnote d} and 330^{footnote e} of that Act.

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333^{footnote f} of that Act and stating the reasons for the objection. Persons filing comments are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website. Persons filing comments by any other means, and persons filing a notice of objection, should cite the Canada Gazette, Part I, and the date of publication of this notice, and send the comments or notice of objection to Clare Demerse, Acting Director, Oil, Gas and Alternative Energy Division, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3 (email: fuels-carburants@ec.gc.ca).

A person who provides information to the Minister may submit with the information a request for confidentiality under subsection 313(1)^{footnote g} of that Act. The request for confidentiality must be submitted with reasons in accordance with subsection 313(2)^{footnote h} of that Act.

Ottawa, December 8, 2025

Janna Rinaldi
Acting Assistant Clerk of the Privy Council

Regulations Amending the Sulphur in Gasoline Regulations

Amendments

1 Subsection 9(2.2) of the Sulphur in Gasoline Regulations^{footnote 11} is replaced by the following:

(2.2) Despite subsection (2.1), if the year in respect of which the calculation will be made on the basis of a pool average is the year 2026, the notice shall be submitted to the Minister no later than 30 days after the day on which this subsection comes into force.

2 Paragraph 13(2)(a) of the Regulations is replaced by the following:

• (a) within 30 days after the day on which this paragraph comes into force; or

3 Subsection 14(2) of the Regulations is replaced by the following:

(2) If a primary supplier makes an election under subsection 13(1) in respect of a pool for which they made an election under that subsection as it read immediately before the day on which this subsection comes into force, the primary supplier may, in respect of that pool, create for the year 2026 a number of sulphur compliance units that is less than or equal to the balance of the sulphur compliance units reported for that pool for the year 2025 under paragraph 5(e) of Schedule 2.

4 Subsection 15(1) of the Regulations is replaced by the following:

15 (1) A primary supplier who is participating in the trading system may use a sulphur compliance unit that they hold, in respect of a pool for which an election is made under section 13, to adjust the pool average of that pool for any of the years 2026 to 2030.

5 The portion of section 19 of the Regulations before paragraph (a) is replaced by the following:

19 A primary supplier who is participating in the trading system shall, for each of the years 2026 to 2030, maintain a record that contains the following information for each pool in respect of which they make an election under section 13:

6 Section 21 of the Regulations is replaced by the following:

21 The primary supplier shall maintain the books and records referred to in sections 18 to 20 in Canada until December 31, 2036.

7 Paragraph 5(a.1) of Schedule 2 to the Regulations is replaced by the following:

• (a.1) for the year 2026, the number of units created by the primary supplier under subsection 14(2);

Transitional Provisions

8 Section 19 of the Sulphur in Gasoline Regulations as it read immediately before the day on which these Regulations come into force continues to apply to a supplier who, for the years 2020 to 2025, maintained a record referred to in that section.

9 Section 21 of the Sulphur in Gasoline Regulations as it read immediately before the day on which these Regulations come into force continues to apply to the maintenance of books and records referred to in sections 18 to 20 as they read immediately before the day on which these Regulations come into force.

Coming into Force

10 These Regulations come into force on the day on which they are registered.

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