GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Clean Electricity Regulations — 33
Remittance — December 15 33 (1) The quantity of CO 2 assigned to C c in subsection 12 (1) corresponds to the number of compliance credits that the responsible person remits to the Minister for the unit on or before the December 15 that follows the calendar year for which the remittance is made. Conditions (2) A responsible person may only remit a compliance credit for the purposes of subsection 12 (1) if the following conditions are met: (a) the remittance is for a calendar year before 2050; (b) the compliance credit was issued for a calendar year that is no more than five calendar years before the calendar year in which it is remitted; (c) in the case of a non-transferable compliance credit, the credit is remitted for the unit for which it was issued; and (d) in the case of a transferable compliance credit, the credit is remitted (i) for a unit that (A) met, during the calendar year for which the remittance is made, the conditions to be issued transferable compliance credits that are set out in subsections 31 (1) and 32 (3), and (B) reports to the same electricity system operator as the unit for which the transferable compliance credit was issued, or (ii) for the unit for which it was issued. Timing of remittance (3) A compliance credit is considered to be remitted on the day on which a reconciliation report that contains all of the information set out in sections 1 to 3 of Schedule 6 in respect of the compliance credit is submitted to the Minister in accordance with section 41 . Retirement (4) A compliance credit remitted under these Regulations may only be remitted once and, once remitted to the Minister, is retired and must not be used again.
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Sampling 34 (1) The value of the variables referred to in the formulas set out in subsection 20 (1) and (4) must be determined based on fuel samples taken in accordance with this section. Frequency (2) Each fuel sample must be taken at a time and location in the fuel-handling system of the facility that provides the following representative samples of the fuel combusted at the applicable minimum frequency: (a) for natural gas, during each sampling period consisting of each calendar year that the unit generates electricity or produces useful thermal energy, two samples taken that year, with each of those samples being taken at least four months after any previous sample has been taken, in accordance with one of the following standards: (i) ASTM D4057, entitled Standard Practice for Manual Sampling of Petroleum and Petroleum Products , (ii) ASTM D4177, entitled Standard Practice for Automatic Sampling of Petroleum and Petroleum Products , or (iii) ASTM F307, entitled Standard Practice for Sampling Pressurized Gas for Gas Analysis ; (b) for refinery gas, during each sampling period consisting of each day that the unit generates electricity or produces useful thermal energy, one sample per day that is taken at least six hours after any previous sample has been taken, in accordance with any of the standards referred to in paragraph (a); (c) for a type of liquid fuel or of a gaseous fuel other than refinery gas and natural gas, during each sampling period consisting of each month that the unit generates electricity or produces useful thermal energy, one sample per month that is taken at least two weeks after any previous sample has been taken, in accordance with any of the standards referred to in paragraph (a); and (d) for a solid fuel, one composite sample per month that consists of sub-samples, each having the same mass, that are taken (i) from the fuel that is fed for combustion during each week that begins in that month and during which the unit generates electricity or produces useful thermal energy, (ii) after all fuel treatment operations have been carried out but before any mixing of the fuel with other fuels, and (iii) at intervals of at least 72 hours. Additional samples (3) If the responsible person takes more samples or composite samples, as the case may be, than the number required under subsection (2) and a determination is made on the carbon content of any of those samples or composite samples in the manner set out in the description of CC i in subsection 20 (4) for the fuel type, the results of that determination must be included in the determination of CC A under subsection 20 (4). Carbon content provided by the supplier (4) A responsible person may use the carbon content of a fuel provided by the supplier of the fuel rather than taking fuel samples in accordance with this section if the supplier (a) determined the carbon content in the manner set out in the description of CC i in subsection 20 (4); and (b) took the samples during the applicable sampling period and at the applicable minimum sampling frequency set out in subsection (2).
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Missing data 35 (1) If, for any reason beyond the responsible person’s control, the data required to determine the value of any variable in any formula in these Regulations is missing for a period of a calendar year, replacement data for that period must be used to determine that value. Replacement data — CEMS (2) If a CEMS is used to determine the value of a variable in a formula set out in section 16 or 17 or any of sections 7.1 to 7.5 of the CEMS Protocol, but data is missing for a given period, the replacement data must be obtained in accordance with section 3.4.1 of the CEMS Protocol. Replacement data — non-CEMS (3) If data, other than data referred to in subsection (2), that is required to determine the value of any variable in a formula in these Regulations is missing for a given period, the replacement data is to be the average of the available data for that variable during the equivalent period prior to and, if the data is available, subsequent to that given period. However, if no data is available for that variable for the equivalent period prior to that given period, the replacement data to be used is the value determined for that variable during the equivalent period subsequent to the given period. Maximum number of hours (4) Replacement data may be used for more than one period during a calendar year but must not be used for more than 672 hours during the calendar year.
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Measuring devices — installation, maintenance and calibration 36 (1) A responsible person must install, maintain and calibrate all measuring devices, other than a CEMS, that are used for the purposes of these Regulations in accordance with the manufacturer’s instructions or any applicable generally recognized national or international industry standard. Frequency of calibration (2) The responsible person must calibrate each measuring device (a) at least once in every calendar year and at least five months after a previous calibration; or (b) at the minimum frequency recommended by the manufacturer. Accuracy of measurements (3) The responsible person must use measuring devices that enable measurements to be made with an accuracy of (a) ± 3% in the case of any device used to measure a quantity of electricity; and (b) ± 5% in the case of any other device. Documents incorporated by reference (4) However, if a document incorporated by reference into these Regulations requires measurements that are more accurate than what is required by subsection (3), the responsible person must use a measuring device that enables measurements to be made with the degree of accuracy required by that document.
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Correcting errors and omissions 37 A responsible person must, as soon as feasible, notify the Minister of any error or omission in any information submitted in accordance with these Regulations and must submit to the Minister the corrected information no later than 120 days after the day on which the responsible person becomes aware of the error or omission.
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f a responsible person does not hold and is unable to obtain a sufficient number of compliance credits or Canadian offset credits that meet the conditions set out in subsections (4) and (5) to fulfill the remittance obligation by the time limit set out in subsection (3), the responsible person must remit the number of credits that it was able to obtain by that time limit and remit to the Minister the outstanding number of compliance credits or Canadian offset credits in the following calendar year — or, if it still does not hold and is unable to obtain a sufficient number of credits in that following calendar year, in a subsequent calendar year — in accordance with subsection (7). Remittance in following year (7) Credits remitted for a unit after the time limit set out in subsection (3) must be (a) compliance credits issued for the unit; or (b) if an insufficient number of compliance credits referred to in paragraph (a) are held by the responsible person to fulfill the remittance obligation, any combination of transferable compliance credits or Canadian offset credits that the responsible person is able to obtain in that calendar year that meet the conditions set out in subsection (5). Timing of remittance (8) Compliance credits and Canadian offset credits remitted under this section are considered to be remitted on the day on which a reconciliation report that contains all of the information set out in sections 1, 3 and 5 of Schedule 6 in respect of the credits is submitted to the Minister in accordance with section 41 .
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Emissions report 39 (1) Beginning with the calendar year in which a unit becomes subject to an emission limit under subsection 9 (1), the responsible person must submit to the Minister an annual emissions report for the unit that contains the information set out in Schedule 5. June 1 (2) The emissions report must be submitted on or before June 1 of the calendar year that follows the calendar year that is the subject of the report.
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Short emissions report 40 (1) A responsible person must submit to the Minister — for each calendar year that the unit is subject to an exemption, under subsection 14 (1), from the application of section 39 — a short emissions report for the unit that contains the information set out in sections 1, 2, 4 and 9 of Schedule 5. June 1 (2) The short emissions report must be submitted on or before June 1 of the calendar year that follows the calendar year that is the subject of the report.
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Reconciliation report 41 (1) Beginning with the calendar year in which a unit becomes subject to an emission limit under subsection 9 (1), the responsible person must submit to the Minister an annual reconciliation report for the unit that contains the information set out in Schedule 6. December 15 (2) The reconciliation report must be submitted on or before December 15 of the calendar year that follows the calendar year that is the subject of the report.
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Short reconciliation report 42 (1) If a compliance credit is held in respect of a unit for any portion of a calendar year and a reconciliation report is not required under subsection 41 (1) in respect of the unit for that calendar year, the responsible person must submit to the Minister a short reconciliation report for the unit for that calendar year that contains the information set out in sections 1 and 3 of Schedule 6. December 15 (2) The short reconciliation report must be submitted on or before December 15 of the calendar year that follows the calendar year that is the subject of the report.
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Permanent cessation 43 (1) If a unit permanently ceases to generate electricity, the responsible person for the unit must, no later than 60 days after the day on which the unit permanently ceases generating electricity, submit to the Minister a notice of permanent cessation of electricity generation that contains the information set out in Schedule 7. Continuing responsibility (2) A responsible person that submits the notice referred to in subsection (1) must (a) submit any report required under any of sections 39 to 42 in respect of the unit for the calendar year in which the unit permanently ceases to generate electricity; and (b) continue to comply with the requirements set out in sections 29 , 37 , 38 and 44 to 48 in respect of the unit.
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Signature and submission — electronic 44 (1) Any information that is required to be submitted under these Regulations, including any notice provided under subsection 8 (5), paragraph 25 (1)(f), subsection 25 (3), section 37 or subsection 46 (3), and any application that is made under these Regulations, must be submitted electronically in the form specified by the Minister and must bear the electronic signature of the responsible person or its authorized official. Provision on paper (2) If the Minister has not specified an electronic form or if the responsible person is unable to submit the information electronically in accordance with subsection (1) because of circumstances beyond the responsible person’s control, the information must be submitted on paper, signed by the responsible person or its authorized official, in the form specified by the Minister or, if no form has been specified, in any form.
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Contents 45 (1) A responsible person must make records containing the following documents and information with respect to the unit: (a) any notice, attestation, declaration, application, report or information submitted to the Minister under these Regulations; (b) if the responsible person is required to make a determination or perform a calculation under these Regulations, (i) the determination or calculation required, (ii) the measurements on which the determination or calculation was based, (iii) an indication of the standard or method that was used to determine the value of any variable of a formula required to complete the calculations, as well as any information, including the methodology, that is used to determine that value, and (iv) any supporting documents for the information referred to in subparagraphs (i) to (iii); (c) if a quantity is assigned to Q a in subsection 13 (2), the documentation referred to in paragraph 13 (4)(c) and information demonstrating that useful thermal energy was supplied to a recipient facility; (d) an indication of the standard or method used to determine the value of CC i in subsection 20 (4) for a sample of gaseous fuel, including an indication of whether a direct measuring device was used to determine that value; (e) the manufacturer’s instructions for any measuring device used to determine any value or quantity under these Regulations; (f) information demonstrating that the requirements set out in section 36 have been met; (g) for each calendar year during which the responsible person uses a CEMS, (i) information demonstrating that the requirements set out in the CEMS Protocol for the design, certification, operation and performance evaluation of the CEMS have been met, (ii) documents confirming that the CEMS certification requirement set out in subsection 18 (2) has been met, and (iii) a copy of each quality assurance plan developed for the CEMS and information demonstrating that the requirements set out in section 6 of the CEMS Protocol for the quality assurance plan have been met; (h) the results of the analysis of every sample taken for the purposes of subsections 20 (1) or (4), as well as the date on which each sample was taken and an indication of the standards that were used to take representative samples of the fuel; (i) if a supplier of hydrogen, ammonia or steam has provided the values of E k and P k under subsection 24 (2), the information provided by the supplier; (j) if a supplier of fuel has provided the carbon content of that fuel under subsection 34 (4), the information provided by the supplier; (k) information demonstrating the manner in which the electricity generation capacity set out in any registration report submitted under section 7 or subsection 8 (2) and each emissions report submitted under section 39 was determined; and (l) if replacement data was used under section 35 , information demonstrating the reason replacement data was required, along with the replacement data that was used. Time limit (2) A record must be made no later than 30 days after the day on which the information and documents to be included in it become available.
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Retention of information 46 (1) A responsible person must keep the records that are required to be made under these Regulations with respect to the unit, along with the supporting documents, for the following periods: (a) in the case of a registration report submitted under subsection 7 (1), paragraph 7 (2)(a) or subsection 8 (2) and any supporting documents related to that registration report, the period that begins on the day on which the registration report is submitted to the Minister and ends on the day that is seven years after the day on which the notice referred to in subsection 43 (1) is submitted in respect of the unit; and (b) in any other case, a period of seven years after the later of the day on which the record is made and the day on which the information is submitted to the Minister. Location of records (2) The records and supporting documents must be kept at the responsible person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records and documents are not kept at the responsible person’s principal place of business, the responsible person must provide the Minister with the civic address of the place where they are kept. Relocation of records (3) If the records and supporting documents are moved, the responsible person must notify the Minister of the civic address of the new location within 30 days after the day of the move.
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Minister’s request 47 A responsible person must provide to the Minister a copy of any record that is required to be kept no later than 30 days after the Minister requests it.
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English or French 48 All documents required by these Regulations must be in English or French or be accompanied by a translation in English or French and an affidavit of the translator attesting to the accuracy of the translation.
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January 1, 2025 53 (1) Subject to subsections (2) and (3), these Regulations come into force on January 1, 2025, but if they are registered after that day, they come into force on the day on which they are registered. January 1, 2035 (2) Sections 9 and 12 , subsection 13 (1), sections 15 to 24 , 27 to 30 , 33 to 36 , 38 to 42 and 49 to 51 and Schedules 3 to 6 come into force on January 1, 2035. January 1, 2050 (3) Section 52 comes into force on January 1, 2050.
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1 The registration number, if any, assigned to the unit by the Minister under subsection 7 (3) of these Regulations.
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2 The following information about a unit that has not been assigned a registration number: (a) the unit’s name and, if any, civic address; and (b) the unit’s geographic coordinates (latitude and longitude), expressed in decimal degrees to five decimal places.
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3 The name, civic address, telephone number, email address and, if any, fax number of the performance test verifier.
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4 Information demonstrating that the performance test verifier meets the requirements set out in subsection 6 (3) of these Regulations.
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5 The procedures followed by the performance test verifier to assess whether (a) the maximum gross power was measured at the electrical terminals of the unit’s generators; and (b) the performance test was conducted in accordance with subsection 6 (2) of these Regulations.
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6 A statement by the performance test verifier that affirms that (a) the maximum gross power was measured at the electrical terminals of the unit’s generators; and (b) the performance test was conducted in accordance with subsection 6 (2) of these Regulations.
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7 The unit’s maximum gross power, expressed in MW, as determined by the performance test.
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8 The unit’s most recent maximum continuous rating.
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1 The following information about the responsible person that is submitting the report: (a) its name and civic address; (b) an indication of whether it is the owner and whether it has the charge, management or control of the unit; (c) the federal Business Number assigned to it by the Canada Revenue Agency, if any; (d) its percentage of ownership interest in the unit, if any; (e) the name, title, civic and postal addresses, telephone number, email address and, if any, fax number of its authorized official; and (f) the name, title, civic and postal addresses, telephone number, email address and, if any, fax number of a contact person, if different from the authorized official.
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2 The following information about the facility where the unit is located: (a) its name and, if any, civic address; (b) its geographic coordinates (latitude and longitude), expressed in decimal degrees to five decimal places; (c) the name of each owner or person that has the charge, management or control of the facility and the federal Business Number, if any, assigned to each of those persons by the Canada Revenue Agency; and (d) in respect of a facility that transmits electricity to an electricity system and supplies useful thermal energy to a recipient facility, (i) the name and, if any, civic address of the recipient facility, (ii) the geographic coordinates (latitude and longitude) of the recipient facility, expressed in decimal degrees to five decimal places, and (iii) the name of each owner or person that has the charge, management or control of the recipient facility and the federal Business Number, if any, assigned to each of those persons by the Canada Revenue Agency.
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d on which the unit is located, (v) information respecting any permit required to begin construction of the unit, (vi) an explanation of how the information submitted on or before December 31, 2025 in relation to any permit required to begin construction at the site where the unit is located was all the information required to obtain that permit and the date on which the information was submitted, (vii) the value of the contracts referred to in subparagraph 3 (a)(iv) of these Regulations and the date on which those contracts were entered into, (viii) details of the value of the equipment that is the subject of the contracts and an explanation of how that equipment is used in the unit, (ix) information respecting the construction of the unit, including the date on which construction began at the site where the unit is located, and (x) an explanation of how the unit is substantially the same on its commissioning date as the unit in relation to which the criteria set out in section 3 of these Regulations were met, including an indication of the electricity generation capacity that was planned for the unit on the date on which the unit met the criteria set out in that section; and (z) if the unit has been modified in a way that resulted in the creation of one or more units for which a registration report is required under paragraph 7 (2)(a) of these Regulations, the registration number assigned to each of those units by the Minister under subsection 7 (3) of these Regulations.
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4 If the report is submitted in accordance with subsection 7 (4) of these Regulations, the following information: (a) an indication of the provisions of this Schedule to which the updated information relates; (b) a description of the updated information; and (c) the effective date of the change.
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1 The registration number assigned to the unit by the Minister under subsection 7 (3) of these Regulations.
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2 The name, civic address and telephone number of the responsible person.