GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Clean Fuel Regulations — 102
Electricity – charging-network operator 102 (1) A charging-network operator may, for a compliance period, create provisional compliance credits in respect of the liquid class by displacing, during the compliance period, the use in Canada of a quantity of fuel in the liquid class with the use in Canada of electricity as an energy source for an electric vehicle of a class that is listed in the Specifications for Fuel LCA Model CI Calculations, if (a) the compliance period begins on or before January 1, 2035 and the electricity is supplied to that electric vehicle by a charging station that is owned and intended primarily for use by the occupants of a private dwelling-place and that is installed on or before December 31, 2030; or (b) the electricity is supplied to that electric vehicle by a charging station that is intended primarily for use by the public and whose location is indicated on the website or mobile application of the charging-network operator. Number of compliance credits (2) The number of compliance credits that the charging-network operator may create under subsection (1) for a compliance period by supplying electricity of a particular carbon intensity is determined by the formula CI diff × (Q × D) × 10 -6 where CI diff is the difference between the reference carbon intensity for the liquid class for the compliance period, as set out in item 1, column 2, of Schedule 1 and adjusted by the energy efficiency ratio of the electric vehicles, and the carbon intensity of the electricity used by those vehicles, as determined by the formula (R ee × CI ref ) − CI e where R ee is, at the election of the registered creator, the energy efficiency ratio for the light-duty class of the electric vehicles, as set out in the Specifications for Fuel LCA Model CI Calculations on the January 1 of the compliance period, or an energy efficiency ratio of 2.5, CI ref is the reference carbon intensity for the liquid class for the compliance period, as set out in item 1, column 2, of Schedule 1, and CI e is the carbon intensity of the electricity supplied to the electric vehicles that is determined in accordance with subsection 75 (7), that is approved under subsection 85 (1) or that is the actual carbon intensity specified in the carbon-intensity-pathway report referred to in subsection 123 (1), as the case may be; Q is the quantity of electricity supplied to the electric vehicles, expressed in kilowatt-hours, as measured by the charging stations referred to in subsection (1), subject to any measurement accuracy or load test tolerances for charging stations that are indicated in the document entitled Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices , published by the United States National Institute of Standards and Technology; and D is 3.6 megajoules per kilowatt-hour.
Clean Fuel Regulations — 103
Use of revenue — electric vehicles 103 (1) A charging-network operator referred to in subsection 102 (1), or a person with whom they have entered into an agreement under section 21 , must not create compliance credits under section 102 during a compliance period unless all of the revenue that they receive from the transfer of compliance credits created under that section during all previous compliance periods is used within the time limit set out in subsection (3) for the purpose of carrying out, in Canada, either of the following activities: (a) expanding electric vehicle charging infrastructure, including charging stations and electricity distribution infrastructure that supports electric vehicle charging, whether intended primarily for use by the occupants of a private dwelling-place or the public; or (b) reducing the cost of electric vehicle ownership through financial incentives to purchase or operate an electric vehicle. Allocation to activities (2) The charging-network operator or person may, at their discretion, allocate the use of those revenues to either or both of those activities. Period for use (3) The revenues received by the charging-network operator or person, from the transfer of a compliance credit, must be used no later than the second anniversary of the end of the compliance period during which the compliance credit is transferred. Cancellation of credits (4) The Minister must cancel an equivalent number of compliance credits to the number of compliance credits that were transferred if the revenue from that transfer is not used in accordance with subsection (1). Insufficient number of credits (5) If the number of compliance credits that must be cancelled under subsection (4) is greater than the number of compliance credits in the account of the charging-network operator or person, the Minister must send a notice to them indicating the number of compliance credits that are missing. Obligation to replace credits (6) The charging-network operator or person must, within 90 days after the day on which the notice referred to in subsection (5) is sent, ensure that the number of compliance credits in the same account is equivalent to the number of compliance credits that are missing. Notice to Minister (7) The charging-network operator or person must, when their account contains the equivalent number of compliance credits required under subsection (6) and within the time limit set out in that subsection, send a notice to the Minister indicating that their account contains that equivalent number of compliance credits. Cancellation of compliance credits (8) On receipt of the notice referred to in subsection (7), the Minister must cancel the equivalent number of compliance credits that are indicated.
Clean Fuel Regulations — 104
Hydrogen 104 (1) The owner or operator of a hydrogen fuelling station may, for a compliance period, create provisional compliance credits in respect of the liquid class by displacing, during the compliance period, the use in Canada of a quantity of fuel in the liquid class with the use in Canada of hydrogen, either as (a) an energy source for a hydrogen fuel cell vehicle of a class that is listed in the Specifications for Fuel LCA Model CI Calculations; or (b) a fuel for a vehicle, other than a hydrogen fuel cell vehicle, of a class that is listed in the Specifications for Fuel LCA Model CI Calculations. Number of compliance credits (2) The number of compliance credits that the owner or operator may create under subsection (1) for a compliance period by supplying hydrogen of a particular carbon intensity to vehicles is determined by the formula CI diff × (Q × D) × 10 -6 where CI diff is the difference between the reference carbon intensity for the liquid class, as set out in item 1, column 2, of Schedule 1 and adjusted by the energy efficiency ratio of the vehicles, and the carbon intensity of the hydrogen used by those vehicles, as determined by the formula (R ee × CI ref ) − CI h where R ee is (a) in the case of the use referred to in paragraph (1)(a), at the election of the owner or operator, 1.5 or the energy efficiency ratio for the class of the hydrogen fuel cell vehicles, as set out in the Specifications for Fuel LCA Model CI Calculations, and (b) in the case of the use referred to in paragraph (1)(b), at the election of the owner or operator, 0.9 or the energy efficiency ratio for the class of vehicles other than hydrogen fuel cell vehicles, as set out in the Specifications for Fuel LCA Model CI Calculations, CI ref is the reference carbon intensity for the liquid class, as set out in item 1, column 2, of Schedule 1, and CI h is the carbon intensity of the hydrogen supplied to the vehicles that is the default carbon intensity referred to in paragraph 75 (1)(a), the carbon intensity determined in accordance with paragraph 75 (1)(b) or subsection 75 (6), the carbon intensity that is approved under subsection 85 (1) or the actual carbon intensity specified in the carbon-intensity-pathway report referred to in subsection 123 (1); Q is, subject to subsection 45 (1), the quantity of the hydrogen of the particular carbon intensity that is produced using an eligible feedstock and supplied to the vehicles, as measured by a meter and expressed in kilograms; and D is, at the election of the owner or operator, the energy density of the hydrogen, as set out in item 4, column 2, of Schedule 2 or as set out in the Specifications for Fuel LCA Model CI Calculations.
Clean Fuel Regulations — 105
Participating registered creator 105 (1) A registered creator who is not a registered primary supplier becomes a participant in the compliance-credit transfer system as of the first day on which they create a provisional compliance credit. Participating primary supplier (2) A primary supplier becomes a participant in the compliance-credit transfer system as of the day on which they register as a primary supplier under subsection 10 (1).
Clean Fuel Regulations — 106
ree that was opened under the same paragraph. Exception — registered creator (6) However, a participant must not transfer any compliance credit to a registered creator who is not a primary supplier and who (a) has entered into an agreement under section 21 at any time during the ongoing compliance period or the two compliance periods that ended most recently if (i) the registered creator is no longer a party to that agreement, and (ii) the registered creator’s registration report, as updated in accordance with section 26 , does not indicate that they are carrying out any of the activities referred to in subsection 19 (1) or section 20 ; or (b) has not created compliance credits for the two compliance periods that ended most recently.
Clean Fuel Regulations — 107
Fair market value 107 The price paid for the transfer of a compliance credit that is created under subsection 102 (1) must not be less than its fair market value.
Clean Fuel Regulations — 108
Transfer on creation 108 (1) A registered creator who has created provisional compliance credits under paragraph 19 (1)(b) or (c) or 20 (b) or (c) by producing in Canada or importing into Canada a quantity of low-carbon-intensity fuel must not transfer those provisional compliance credits to a participant who is purchasing that low-carbon-intensity fuel unless the registered creator and the transferee submit a transfer request to the Minister that is signed by the authorized agent of the registered creator as well as the authorized agent of the transferee and contains the information referred to in subsection (2). Request to transfer — form (2) The registered creator must indicate in the transfer request their intention to have the compliance credits that have been deposited into their account under subsection 24 (1) or (2) immediately transferred to the transferee and must include the following information in the transfer request: (a) the name, civic address and postal address of the registered creator; (b) the name, title, civic address, postal address, telephone number and, if any, email address of the registered creator’s authorized agent; (c) the name, civic address and postal address of the transferee; (d) the name, title, civic address, postal address, telephone number and, if any, email address of the transferee’s authorized agent; (e) the type of low-carbon-intensity fuel used to create the compliance credits; (f) the carbon intensity of the low-carbon-intensity fuel used to create the compliance credits and any alphanumeric identifier assigned to it; and (g) the compliance period to which the transfer relates.
Clean Fuel Regulations — 109
Immediate transfer 109 After the Minister receives the transfer request, any compliance credits deposited by the Minister during the compliance period referred to in paragraph 108 (2)(g) into the registered creator’s account opened under paragraph 28 (a) or (b), as the case may be, must be immediately withdrawn from that account and deposited into the transferee’s account opened under the same paragraph.
Clean Fuel Regulations — 110
Pledging credits to mechanism 110 (1) A participant may, in a report submitted under subsection 126 (1) or 127 (1), pledge to offer to transfer through the compliance-credit clearance mechanism any compliance credits that (a) are in an account that was opened under paragraph 28 (a); (b) were created as provisional compliance credits on or before the last day of the compliance period to which the report relates; and (c) are not suspended under section 158 . Restriction (2) During the period beginning on the day on which a report referred to in subsection (1) is submitted and ending on the following October 31 or, if a notice is sent in accordance with subsection 111 (1), ending on the day on which that notice is sent, a participant must not use a compliance credit that a participant has pledged to offer to transfer and must not transfer that compliance credit except through the compliance-credit clearance mechanism.
Clean Fuel Regulations — 111
No clearance mechanism 111 (1) If the compliance reports submitted under subsection 127 (1) for a compliance period indicate that all primary suppliers have satisfied the total reduction requirements, the Minister must, before the following August 31, send a notice to each participant who has pledged to offer to transfer compliance credits under subsection 110 (1) that informs them that there will be no compliance-credit clearance mechanism for that compliance period. No pledge to transfer credits (2) If no participant pledges, in a report submitted under subsection 126 (1) or 127 (1) for a compliance period, to offer to transfer a compliance credit through the compliance-credit clearance mechanism, the Minister must, before the following August 31, send a notice to each primary supplier who has not satisfied the total reduction requirement that informs them that there will be no compliance-credit clearance mechanism for that compliance period. Notice to participants (3) If subsections (1) and (2) do not apply, the Minister must, before the August 31 that follows the end of the compliance period, send a notice to each participant who has pledged to offer to transfer compliance credits under subsection 110 (1) and to each primary supplier who has not yet satisfied the total reduction requirement that informs them that a compliance-credit clearance mechanism will take place for that compliance period. The notice must include the following information: (a) the total number of compliance credits for all participants in respect of which a pledge to offer to transfer has been made under subsection 110 (1); (b) the names of all participants who have pledged to offer to transfer compliance credits under subsection 110 (1); and (c) the value of the total reduction requirement that has not been satisfied by all primary suppliers.
Clean Fuel Regulations — 112
Transfer through clearance mechanism 112 (1) A participant must not transfer any compliance credits through the compliance-credit clearance mechanism to a primary supplier unless the transfer request referred to in subsection 106 (2) has been submitted to the Minister, along with a compliance report under subsection 127 (1) indicating that the primary supplier has not satisfied the total reduction requirement for the compliance period to which the report relates by using all their compliance credits in accordance with subsection 13 (1), (2) or (4). The transfer of compliance credits to that primary supplier must occur during the period beginning on the August 31 that follows the end of that compliance period and ending on the following October 31. Acquisition of compliance credits by primary supplier (2) A primary supplier who has submitted a report under subsection 127 (1) indicating that they have not satisfied the total reduction requirement for the compliance period to which the report relates by using all their compliance credits in accordance with subsection 13 (1), (2) or (4) must acquire, by transfer through the compliance-credit clearance mechanism, the number of compliance credits determined in accordance with subsection (5) for that compliance period. Maximum price (3) A participant who has pledged to offer to transfer a compliance credit must accept an offer to acquire the compliance credit by transfer through the compliance-credit clearance mechanism if the compliance credit is in their account and the price offered for the transfer is equal to or less than the amount determined by the formula $300 × (CPI A ÷ CPI B ) where CPI A is the average Consumer Price Index for the calendar year to which the compliance period relates, as published by Statistics Canada under the Statistics Act ; and CPI B is the average Consumer Price Index for the 12 months of the year 2022, as published by Statistics Canada under the Statistics Act . Prohibition (4) A participant who has pledged to offer to transfer a compliance credit must not accept an offer to acquire the compliance credit by transfer through the compliance-credit clearance mechanism if the amount offered for the transfer is higher than the amount determined in accordance with subsection (3). Credits per primary supplier (5) A primary supplier must not acquire a greater number of compliance credits by transfer through the compliance-credit clearance mechanism than the lesser of (a) the total number of compliance credits that they require in order to satisfy the total reduction requirement as indicated in the compliance report that they submitted under subsection 127 (1), and (b) the number determined by the formula C × (R p ÷ R t ) where C is the total number of compliance credits from all participants that are subject to any pledges made under subsection 110 (1), R p is the total number of compliance credits that the primary supplier requires in order to satisfy the total reduction requirement, and R t is the total number of compliance credits that all primary suppliers require in order to satisfy the total reduction requirement.
Clean Fuel Regulations — 113
Registration 113 Subject to section 115 , the Minister may register a funding program whose purpose is the reduction of CO 2 e emissions (a) on application by a person under section 114 to register the emission-reduction funding program, if the conditions set out in that section are met; or (b) on the Minister’s own initiative, if the emission-reduction funding program is established under an Act of Parliament and operates in Canada.
Clean Fuel Regulations — 114
Application for registration 114 (1) A person who administers an emission-reduction funding program may apply to the Minister to register the program if (a) the person is an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province or the person is a non-profit corporation that is established by or under a law of Canada or of a province; and (b) the program operates in Canada. Contents of application (2) The application must contain the information referred to in Schedule 9 and be accompanied by an attestation, signed by the person’s authorized agent, that (a) the emission-reduction funding program will distribute contributions made to the program to the projects referred to in subsection 115 (1); and (b) the person will make publicly available, no later than the December 31 following the end of the compliance period in respect of which those contributions are made, a report containing the information referred to in section 2 of Schedule 10.
Clean Fuel Regulations — 115
Registration — conditions 115 (1) The Minister must not register an emission-reduction funding program under section 113 unless the Minister is satisfied that all contributions made to the program will be used to fund projects that support the deployment or commercialization of technologies or processes that will reduce CO 2 e emissions by (a) December 31, 2030, in the case of a contribution made on or before December 31, 2025; and (b) the fifth anniversary of the day on which the contribution is made, in any other case. Factors (2) In deciding whether to register the emission-reduction funding program, the Minister must take into consideration (a) the program’s policies, criteria or procedures for the distribution of contributions, including its policy for avoiding conflicts of interest regarding the distribution of contributions; (b) the quality of the program’s financial and management control systems, information systems and management practices; and (c) whether the person who administers the program has failed to make publicly available, no later than the December 31 that follows the end of the compliance period during which contributions are made to the program, the information referred to in section 2 of Schedule 10.
Clean Fuel Regulations — 116
Cancelling registration 116 The Minister must cancel the registration of an emission-reduction funding program if any of the following occurs: (a) the Minister, taking into consideration the factors set out in subsection 115 (2), is no longer satisfied that contributions made to the program are being used in accordance with subsection 115 (1); (b) the person who administers the program fails to ensure that a financial audit of the program is conducted each year and, in the case of a program registered under paragraph 113 (a), fails to ensure that such an audit is conducted by an independent body; (c) the person who administers the program fails to submit to the Minister, no later than the December 31 following the end of the compliance period during which contributions are made to the program for the purposes of subsection 13 (3) or 14 (3), a report with respect to the operation of the program during each compliance period that contains the information referred to in Schedule 10; (d) the person who administers the program fails to make publicly available, no later than the December 31 following the end of the compliance period in respect of which the contributions are made to the program, the information referred to in section 2 of Schedule 10; (e) in the case of a program registered under paragraph 113 (a), the program no longer meets the conditions set out in subsection 114 (1); (f) in the case of a program registered under paragraph 113 (b), the provision of the Act of Parliament referred to in that paragraph that establishes the program is repealed or the program no longer operates in Canada.
Clean Fuel Regulations — 117
List of programs 117 The Minister must make a list of all registered emission-reduction funding programs publicly available.