GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Greenhouse Gas Pollution Pricing Act — G-11.55 168
ng information that must be included by a specified person in a written agreement or other document in respect of specified fuel or a specified substance, material or thing and prescribing charge-related consequences in respect of such fuel, substance, material or thing, and penalties, for failing to do so or for providing incorrect information; (j) deeming, in specified circumstances, a specified amount of charge to be payable by a specified person, or a specified person to have paid a specified amount of charge, for specified purposes, as a consequence of holding fuel at a specified time; (k) prescribing compliance measures, including anti-avoidance rules; and (l) generally to effect the transition to, and implementation of, that system in respect of fuel or a substance, material, or thing and in respect of a province or area. Fuel charge system regulations — general (3) For the purpose of facilitating the implementation, application, administration and enforcement of the fuel charge system, the Governor in Council may make regulations (a) adapting or modifying any provision of this Part, Part 1 of Schedule 1 or Schedule 2; (b) defining, for the purposes of this Part, Part 1 of Schedule 1 or Schedule 2, or any provision of this Part, Part 1 of Schedule 1 or Schedule 2, words or expressions used in this Part, Part 1 of Schedule 1 or Schedule 2 including words or expressions defined in a provision of this Part, Part 1 of Schedule 1 or Schedule 2; and (c) providing that a provision of this Part, Part 1 of Schedule 1 or Schedule 2, or a part of such a provision, does not apply. Conflict (4) If a regulation made under this Part in respect of the fuel charge system states that it applies despite any provision of this Part, in the event of a conflict between the regulation and this Part, the regulation prevails to the extent of the conflict.
Greenhouse Gas Pollution Pricing Act — G-11.55 169
Definitions 169 The following definitions apply in this Part. analyst means an individual or a member of a class of individuals designated as an analyst under subsection 201 (1). ( analyste ) compliance period means a period specified in the regulations. ( période de conformité ) compliance unit means a surplus credit that is issued under section 175 or paragraph 178 (1)(b), a unit or credit that is recognized under the regulations as a compliance unit or an offset credit that is issued under the regulations. ( unité de conformité ) covered facility means a facility, including a platform anchored at sea, that is located in a province or area that is set out in Part 2 of Schedule 1 and either (a) meets the criteria set out in the regulations for that province or area; or (b) is designated by the Minister under subsection 172 (1). ( installation assujettie ) enforcement officer means an individual or a member of a class of individuals designated as an enforcement officer under subsection 201 (1). ( agent de l’autorité ) greenhouse gas means a gas that is set out in column 1 of Schedule 3. ( gaz à effet de serre ) increased-rate compensation deadline means, in respect of a compliance period, the increased-rate compensation deadline specified for that period in the regulations. ( délai de compensation à taux élevé ) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones du Canada ) Minister means the Minister of the Environment. ( ministre ) organization has the same meaning as in section 2 of the Criminal Code . ( organisation ) person means an individual or organization and includes Her Majesty in right of Canada or a province. ( personne ) regular-rate compensation deadline means, in respect of a compliance period, the regular-rate compensation deadline specified for that period in the regulations. ( délai de compensation à taux régulier )
Greenhouse Gas Pollution Pricing Act — G-11.55
analyst means an individual or a member of a class of individuals designated as an analyst under subsection 201 (1). ( analyste )
Greenhouse Gas Pollution Pricing Act — G-11.55
compliance period means a period specified in the regulations. ( période de conformité )
Greenhouse Gas Pollution Pricing Act — G-11.55
compliance unit means a surplus credit that is issued under section 175 or paragraph 178 (1)(b), a unit or credit that is recognized under the regulations as a compliance unit or an offset credit that is issued under the regulations. ( unité de conformité )
Greenhouse Gas Pollution Pricing Act — G-11.55 (a)
covered facility means a facility, including a platform anchored at sea, that is located in a province or area that is set out in Part 2 of Schedule 1 and either (a) meets the criteria set out in the regulations for that province or area; or (b) is designated by the Minister under subsection 172 (1). ( installation assujettie )
Greenhouse Gas Pollution Pricing Act — G-11.55
enforcement officer means an individual or a member of a class of individuals designated as an enforcement officer under subsection 201 (1). ( agent de l’autorité )
Greenhouse Gas Pollution Pricing Act — G-11.55
greenhouse gas means a gas that is set out in column 1 of Schedule 3. ( gaz à effet de serre )
Greenhouse Gas Pollution Pricing Act — G-11.55
increased-rate compensation deadline means, in respect of a compliance period, the increased-rate compensation deadline specified for that period in the regulations. ( délai de compensation à taux élevé )
Greenhouse Gas Pollution Pricing Act — G-11.55
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones du Canada )
Greenhouse Gas Pollution Pricing Act — G-11.55
Minister means the Minister of the Environment. ( ministre )
Greenhouse Gas Pollution Pricing Act — G-11.55
organization has the same meaning as in section 2 of the Criminal Code . ( organisation )
Greenhouse Gas Pollution Pricing Act — G-11.55
person means an individual or organization and includes Her Majesty in right of Canada or a province. ( personne )
Greenhouse Gas Pollution Pricing Act — G-11.55
regular-rate compensation deadline means, in respect of a compliance period, the regular-rate compensation deadline specified for that period in the regulations. ( délai de compensation à taux régulier )
Greenhouse Gas Pollution Pricing Act — G-11.55 170
Conversion into CO 2 e tonnes 170 For the purposes of this Part, a quantity of a greenhouse gas, expressed in tonnes, is converted into carbon dioxide equivalent tonnes (in this Part referred to as “CO 2 e tonnes”) by multiplying that quantity by the global warming potential set out for the greenhouse gas in column 2 of Schedule 3.
Greenhouse Gas Pollution Pricing Act — G-11.55 171
Application for registration 171 (1) A person that is responsible for a covered facility must apply to the Minister for registration of that covered facility. The application must include the information specified by the Minister and be made in the time and manner specified by the Minister. Registration (2) If the Minister is satisfied that the applicant is a person responsible for the facility named in the application, that the facility is a covered facility and that the application meets the requirements of subsection (1), the Minister must register the covered facility and issue a covered facility certificate to the applicant. Cancellation (3) The Minister must cancel the registration and the covered facility certificate of a facility that ceases to be a covered facility or that was not a covered facility at the time of registration. Notice setting out criteria (4) If a notice referred to in subsection 194 (1) sets out criteria respecting facilities and persons, a facility that meets the criteria is, for the purposes of this section, a covered facility as defined in section 169 and a person that meets the criteria is, for the purposes of this section, a person responsible for the facility. Notice cancelled (5) If a facility is registered as a result of the publication of a notice referred to in subsection 194 (1) and that notice is cancelled before any regulations or orders referred to in it are made, the Minister must cancel the facility’s registration and covered facility certificate.
Greenhouse Gas Pollution Pricing Act — G-11.55 172
Designation of facility as covered facility 172 (1) On request by a person that is responsible for a facility that is located in a province or area that is set out in Part 2 of Schedule 1, the Minister may, in accordance with the regulations, designate the facility as a covered facility. The request must include the information specified by the Minister and be made in the time and manner specified by the Minister. Application for registration (2) If the Minister designates a facility as a covered facility, the request under subsection (1) is deemed to be an application for registration under subsection 171 (1) and the Minister must register the covered facility. Cancellation of designation (3) The Minister may, in accordance with the regulations, cancel the designation of a covered facility.
Greenhouse Gas Pollution Pricing Act — G-11.55 173
Reporting requirement 173 For each compliance period, a person that is responsible for a covered facility must, in accordance with the regulations, (a) submit to the Minister a report that sets out the information that is specified in the regulations with respect to the greenhouse gas emissions limit that applies to the covered facility and any other information that is specified in the regulations; and (b) cause the report to be verified by a third party.
Greenhouse Gas Pollution Pricing Act — G-11.55 174
Compensation for excess emissions 174 (1) A person that is responsible for a covered facility that emits greenhouse gases in a quantity that exceeds the emissions limit that applies to the covered facility during a compliance period must, in accordance with the regulations, provide compensation for the excess emissions by the increased-rate compensation deadline. Provision of compensation (2) The compensation is to be provided, at a rate set out in subsection (3) or (4), by means of (a) a remittance of compliance units to the Minister or a person specified in the regulations in lieu of the Minister; (b) an excess emissions charge payment to Her Majesty in right of Canada; or (c) a combination of both. Regular rate (3) If the compensation is provided by the regular-rate compensation deadline, the rate is (a) one compliance unit for each CO 2 e tonne that was emitted in excess of the emissions limit; or (b) the excess emissions charge set out in column 2 of Schedule 4, for the calendar year in which the compliance period falls, for each CO 2 e tonne that was emitted in excess of the emissions limit. Increased rate (4) If the compensation is not provided in full by the regular-rate compensation deadline, the rate for each CO 2 e tonne that was emitted in excess of the emissions limit and for which no compensation was provided by that deadline is four times the rate set out in subsection (3). Charge continued (5) If the compliance period falls in a year that is subsequent to the last calendar year set out in column 1 of Schedule 4, the excess emissions charge set out in column 2 for that last calendar year continues to apply for the purposes of paragraph (3)(b).
Greenhouse Gas Pollution Pricing Act — G-11.55 175
Issuance of surplus credits 175 If a covered facility emits greenhouse gases in a quantity that is below the emissions limit that applies to it during a compliance period, the Minister must, in accordance with the regulations, issue to a person that is responsible for the covered facility a number of surplus credits that is equal to the difference between that limit, expressed in CO 2 e tonnes, and the number of CO 2 e tonnes emitted.
Greenhouse Gas Pollution Pricing Act — G-11.55 176
Errors and omissions 176 (1) If, within five years after submitting a report under section 173 , a person that is responsible for a covered facility becomes aware of an error or omission in the report, the person must notify the Minister in writing as soon as possible. Corrected report (2) If required by the regulations, the person must, in accordance with the regulations, (a) submit a corrected report to the Minister; or (b) submit a corrected report to the Minister and cause it to be verified by a third party.
Greenhouse Gas Pollution Pricing Act — G-11.55 177
Errors and omissions 177 (1) If, within five years after a report has been submitted under section 173 in respect of a covered facility, the Minister is of the opinion that there is an error or omission in the report, the Minister may require a person responsible for the covered facility to submit a corrected report and may require the person to cause it to be verified by a third party. Compliance (2) If the Minister requires a person to submit a corrected report or to submit a corrected report and cause it to be verified by a third party, the person must do so in accordance with the regulations.
Greenhouse Gas Pollution Pricing Act — G-11.55 178
Change in obligations 178 (1) If, as a result of a corrected report referred to in section 176 or 177 , the difference between the quantity of the greenhouse gases emitted by a covered facility during a compliance period and the emissions limit that applied to the covered facility during that compliance period changes, (a) a person that is responsible for the covered facility must, in accordance with the regulations, provide any compensation that is determined in accordance with the regulations; or (b) the Minister may, in accordance with the regulations, issue to a person that is responsible for the covered facility a number of surplus credits that is determined in accordance with the regulations. Compensation (2) For the purposes of paragraph (1)(a), the rate for each CO 2 e tonne must not exceed four compliance units or four times the excess emissions charge set out in column 2 of Schedule 4, for the calendar year in which the compliance period falls.
Greenhouse Gas Pollution Pricing Act — G-11.55 179
Retirement of compliance units 179 A compliance unit that is remitted under section 174 , paragraph 178 (1)(a) or subsection 181 (2) or that is withdrawn under section 182 must not be used in any subsequent transaction and the Minister must ensure, in accordance with the regulations, that it is retired from circulation.
Greenhouse Gas Pollution Pricing Act — G-11.55 180
Suspension or revocation of compliance units 180 (1) The Minister may, in accordance with the regulations, suspend or revoke compliance units. Voluntary cancellation of compliance units (2) If the holder of an account in the tracking system referred to in section 185 requests, in accordance with the regulations, that a compliance unit in the account be cancelled, the Minister must cancel it. No indemnification (3) A person is not entitled to be indemnified for a suspended, revoked or cancelled compliance unit.
Greenhouse Gas Pollution Pricing Act — G-11.55 181
Issuance error or invalidity 181 (1) If the Minister determines that compliance units were issued in error or are no longer valid, the Minister may, in accordance with the regulations, require a person to remit the number of compliance units in question to the Minister or a person specified in the regulations in lieu of the Minister. Compliance (2) If the Minister requires a person to remit compliance units, the person must do so by a deadline specified by the Minister. Payment in lieu (3) In lieu of remitting compliance units, the person may make a payment to Her Majesty in right of Canada that is equal to the number of compliance units multiplied by the excess emissions charge set out in column 2 of Schedule 4, for the calendar year in which the Minister requires the person to remit the compliance units.
Greenhouse Gas Pollution Pricing Act — G-11.55 182
Ministerial power 182 If a covered facility emits greenhouse gases in excess of its emissions limit during a compliance period and compensation is not provided in full by the applicable deadline under section 174 or paragraph 178 (1)(a), the Minister may, in accordance with the regulations, withdraw the balance owing in compliance units from any account in the tracking system referred to in section 185 that is linked to the covered facility.
Greenhouse Gas Pollution Pricing Act — G-11.55 183
Debts to Her Majesty 183 (1) The monetary value of the compensation owed for each CO 2 e tonne emitted by a covered facility in excess of its emissions limit during a compliance period for which no compensation was provided by the applicable deadline under section 174 or paragraph 178 (1)(a) and for which no withdrawals were made under section 182 constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Limitation period (2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable.
Greenhouse Gas Pollution Pricing Act — G-11.55 184
Certificate 184 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 183 (1). Registration (2) Registration in a court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
Greenhouse Gas Pollution Pricing Act — G-11.55 185
Establishment and maintenance 185 If at least one province or area is set out in Part 2 of Schedule 1, the Minister must establish and maintain a system that tracks (a) the issuance by the Minister of compliance units; (b) the transfer, retirement, suspension, revocation and cancellation of those compliance units; (c) excess emissions charge payments made under section 174 or 178 and payments made under subsection 181 (3); and (d) any other transaction specified in the regulations.
Greenhouse Gas Pollution Pricing Act — G-11.55 186
Accounts 186 (1) A person that is responsible for a covered facility must open and maintain in the tracking system any accounts required by the regulations. Any other person may open and maintain accounts in the system in accordance with the regulations. Ministerial powers (2) The Minister may specify the time and manner for opening or closing an account, the information to be provided for those purposes and the conditions of use for accounts. Closing of accounts (3) The Minister may, in accordance with the regulations, close an account.
Greenhouse Gas Pollution Pricing Act — G-11.55 187
Keeping records 187 (1) A person that is responsible for a covered facility or any other person that opens and maintains an account in the tracking system must keep and retain all records that are necessary to determine whether the person has complied with this Division. Minister may specify information (2) The Minister may specify the form a record is to take and any information that the record is to contain. Language and location of record (3) A record must be kept and retained in Canada in accordance with the regulations and, unless otherwise authorized by the Minister, must be kept in English or in French. Electronic records (4) If a record is kept or retained in electronic form, the person that keeps the record must ensure that information in it is readable or perceivable so as to be usable for subsequent reference during the retention period required for the record. General period for retention (5) Records must be retained for a period of seven years after the end of the year to which they relate or for any other period specified in the regulations. Demand by Minister (6) If the Minister is of the opinion that it is necessary to do so, the Minister may, by registered letter or by a demand served personally, require a person referred to in subsection (1) to retain any records for a period that is specified by the Minister and the person must do so as required. Permission for earlier disposal (7) The Minister may, in writing, authorize a person referred to in subsection (1) to dispose of any records before the end of the period during which they are required to be retained.
Greenhouse Gas Pollution Pricing Act — G-11.55 188
Distribution — charge payments 188 (1) The Minister of National Revenue must distribute revenues from excess emissions charge payments that are made under section 174 or 178 in relation to covered facilities that are located in a province or area. The Minister of National Revenue may distribute the revenues to (a) that province; (b) persons that are specified in the regulations or that meet criteria set out in the regulations; or (c) a combination of both. Distribution — subsection 181 (3) payments (2) The Minister of National Revenue may distribute revenues from payments that are made under subsection 181 (3) to persons that are specified in the regulations or that meet criteria set out in the regulations. Amount (3) The amount of any revenues to be distributed under subsection (1) or (2) is to be calculated in the manner determined by the Minister of National Revenue. Time and manner (4) A distribution of revenues under subsection (1) or (2) is to be made, subject to the regulations, at the times and in the manner that the Minister of National Revenue considers appropriate and may, in accordance with the regulations, be made out of the Consolidated Revenue Fund.
Greenhouse Gas Pollution Pricing Act — G-11.55 189
Amendments to Part 2 of Schedule 1 189 (1) For the purpose of ensuring that the pricing of greenhouse gas emissions is applied broadly in Canada at levels that the Governor in Council considers appropriate, the Governor in Council may, by order, amend Part 2 of Schedule 1 by adding, deleting or amending the name of a province or the description of an area. Factors (2) In making an order under subsection (1), the Governor in Council shall take into account, as the primary factor, the stringency of provincial pricing mechanisms for greenhouse gas emissions. Exclusive economic zone and continental shelf (3) For greater certainty, an area referred to in subsection (1) may include a part of the exclusive economic zone of Canada or the continental shelf of Canada.
Greenhouse Gas Pollution Pricing Act — G-11.55 189.1
Non-application 189.1 Despite section 164.2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act , if the offshore area , as defined in section 2 of that Act, is mentioned in Part 2 of Schedule 1 to this Act, section 164.2 of that Act does not apply. 2018, c. 27, s. 178 2024, c. 20, s. 214
Greenhouse Gas Pollution Pricing Act — G-11.55 190
Amendments to Schedule 3 190 (1) The Governor in Council may, by order, amend Schedule 3 by (a) adding a gas to column 1 and its global warming potential to column 2 or deleting a gas from column 1 and its global warming potential from column 2; and (b) amending the global warming potential set out in column 2 for a gas set out in column 1. Factors (2) In making an order under subsection (1), the Governor in Council may take into account any factor that the Governor in Council considers appropriate, including any change in the reporting requirements under the United Nations Framework Convention on Climate Change, done in New York on May 9, 1992.
Greenhouse Gas Pollution Pricing Act — G-11.55 191
Amendments to Schedule 4 191 The Governor in Council may, by order, amend Schedule 4 by (a) adding a calendar year to column 1 and an excess emissions charge to column 2 for that year; and (b) amending the excess emissions charge set out in column 2 for a calendar year set out in column 1.