GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Output-Based Pricing System Regulations — 9
Compliance period 9 (1) Subject to subsections (2) and (3), the specified period, for the purposes of the definition compliance period in section 169 of the Act, begins on January 1 and ends on December 31 for each calendar year, starting in 2019. First compliance period (2) If a facility becomes a covered facility under the Act after January 1 of a given calendar year, its specified period, for the purposes of the definition compliance period in section 169 of the Act, begins on January 1 of the calendar year following (a) the calendar year during which the facility is registered under subsection 171(2) of the Act, if the facility meets the criteria set out in section 8, or (b) the calendar year during which the facility was designated as a covered facility under subsection 172(1) of the Act. Compliance period — 2025 (3) For the 2025 calendar year, if a facility ceases to be a covered facility because the Minister cancels its designation in 2025 under subsection 172(3) of the Act, the specified period in respect of that facility, for the purposes of the definition compliance period in section 169 of the Act, begins on January 1, 2025 and ends on March 31, 2025. SOR/2021-197, s. 5 SOR/2023-240, s. 7 SOR/2025-108, s. 3
Output-Based Pricing System Regulations — 10
Person responsible 10 For the purposes of these Regulations, the person responsible for a facility or a covered facility is the person who owns or is otherwise responsible for the facility or covered facility, including the person who has the charge, management or control of the facility or covered facility, or who is the true decision maker with respect to the operations of the facility or covered facility.
Output-Based Pricing System Regulations — 10.1
Conclusive presumption 10.1 (1) If a facility ceases to be a covered facility, the person responsible for that facility is deemed to be responsible for a covered facility with respect to (a) the requirements set out in section 173 of the Act; (b) the requirements set out in section 174 of the Act with respect to providing compensation; (c) the requirement under subsection 176(1) of the Act to notify the Minister of any errors or omissions; (d) the requirement under subsection 176(2) or 177(2) of the Act to submit any corrected report under section 62 or 63, respectively; (e) the requirement under paragraph 178(1)(a) of the Act to provide any compensation; (f) the requirements set out in section 181 of the Act; (g) the requirement to maintain the OBPS account referred to in section 14; (h) the requirement under subsection 187(5) of the Act to retain the information set out in section 47; and (i) the requirement to notify the Minister if there is a change in the person responsible, in accordance with section 48. Period of requirements (2) The requirements set out in paragraphs (1)(a) to (g) apply during the period necessary under the Act and the requirements set out in paragraphs (1)(h) and (i) apply during a period of seven years after the end of the year in which the facility ceased to be a covered facility. Surplus credits (3) If a facility ceases to be a covered facility, the person responsible for that facility is deemed to be responsible for a covered facility for the purpose of obtaining surplus credits under section 175 of the Act and paragraph 178(1)(b) of the Act. SOR/2021-197, s. 6 SOR/2023-240, s. 8
Output-Based Pricing System Regulations — 11
graph (c), in accordance with section 42 ; and (f) the positive result (corresponding to the quantity of GHGs emitted in excess of the emissions limit) or negative result (corresponding to the difference between the quantity of GHGs emitted and the emissions limit and indicating emissions below the emissions limit) obtained under section 44 for the compliance period, expressed in CO 2 e tonnes. Increased electricity generation capacity (1.1) For the purposes of subparagraph (1)(a)(ii), if section 36.2 applies with respect to a covered facility, the annual report must include the gross quantity of electricity generated that is attributed the capacity added to the equipment and gross quantity of electricity generated that is attributed to the capacity of the equipment before the additional capacity was added, separately, quantified in accordance with section 31 and subsection 36.2(3). Increased electricity generation capacity (1.2) For the purposes of subparagraphs 1(b)(iii) and (iv) and (c)(iii), if section 41.2 applies with respect to an electricity generation facility, the annual report must include, (a) for each unit whose electricity generation capacity from gaseous fuels was increased by 50 MW or more and that is designed to operate at a thermal energy to electricity ratio of less than 0.9, the gross amount of electricity generated during the compliance period by each unit that is attributed to the capacity added to the unit and the gross amount of electricity generated that is attributed to the capacity of the unit before the additional capacity was added, in accordance with section 32 and subsection 41.2(3), separately; and (b) the sum, from all of the units referred to in paragraph (a), of the gross amount of electricity generated that is attributed to the capacity added to the units and of the gross amount of electricity generated that is attributed to the capacity of the units before the additional capacity was added, separately. Exception — new covered facilities (2) Paragraphs (1)(e) and (f) do not apply with respect to a report that must be submitted by the person responsible for a covered facility for which sections 36 to 42 do not apply under section 43 . New additional industrial activity (3) For the purposes of subparagraph (1)(a)(ii), an additional industrial activity that was recognized by the Minister during a calendar year is not taken into account for the annual report for the compliance period that corresponds to that calendar year. SOR/2021-197, s. 7 SOR/2023-240, s. 9
Output-Based Pricing System Regulations — 12
Additional content – thermal energy 12 (1) If the person responsible for a covered facility sells thermal energy that is produced at the covered facility to other covered facilities or buys thermal energy from any other covered facility, they must include in their annual report (a) the quantity of thermal energy, expressed in gigajoules, as well as the thermal energy’s temperature and pressure, (i) sold to another covered facility during the compliance period, as determined by the quantity of thermal energy on sales receipts or by another objective method, or (ii) bought from another covered facility during the compliance period, as determined by the quantity of thermal energy on sales receipts or by another objective method; and (b) the ratio of heat from the combustion of fossil fuel to produce that thermal energy, calculated in accordance with section 34 . Additional content – gypsum products (2) The person responsible for a covered facility where the specified industrial activity set out in item 10, column 1, of Schedule 1 is engaged in, must include in their annual report, the quantity, in tonnes, of each gypsum product that contains at least 70 weight percent of calcium sulphate dihydrate produced during the compliance period. Additional content – hydrogen gas (3) If a covered facility where a specified industrial activity set out in items 2, 3, 15 or 29, column 1, of Schedule 1 is engaged in produces hydrogen gas, the person responsible for the covered facility must include in their annual report the quantity of hydrogen gas produced during the compliance period, in tonnes, and the quantity of hydrogen gas sold during the compliance period, in tonnes.
Output-Based Pricing System Regulations — 13
Submission of annual report 13 (1) The person responsible for a covered facility must submit their annual report to the Minister, on or before June 1 of the calendar year following the end of the compliance period for which the annual report is prepared, along with a verification report prepared in accordance with section 52 . Correction of errors or omissions (2) The person responsible for a covered facility must correct the errors or omissions, identified by a verification body during the verification of the annual report, prior to submitting the annual report to the Minister, if possible. SOR/2020-114, s. 1 SOR/2023-240, s. 10
Output-Based Pricing System Regulations — 14
Account opening 14 The account that the person responsible for the covered facility opens in accordance with subsection 186(1) of the Act is an Output-Based Pricing System account (OBPS account).
Output-Based Pricing System Regulations — 15
Content of request 15 A request for confidentiality submitted for the purposes of section 254 of the Act must provide the following information: (a) the information to which the request pertains, clearly identified; (b) the reason for the request from among those specified in paragraphs 254(a) to (c) of the Act; and (c) the supporting justification that the information referred to in paragraph (a) has been treated as confidential by the person making the request and is not, and has never been, available to the public.
Output-Based Pricing System Regulations — 16
n 1, of Schedule 1, subsection (9) only applies to the refinery. Additional production of precious metals (10) If silver, platinum or palladium is produced at a covered facility where a specified industrial activity set out in paragraph 26(f), column 1, of Schedule 1 is engaged in, the following rules apply: (a) for the purposes of section 17 , the person responsible for the covered facility must quantify the GHGs from the production of those metals in accordance with the method applicable to the industrial activity set out in paragraph 26(f), column 1, of Schedule 1; and (b) for the purposes of sections 31 , 36 and 36.2 , the industrial activity set out in paragraph 26(c), column 1, of Schedule 1 is deemed not to be engaged in at the covered facility. SOR/2021-197, s. 8 SOR/2023-240, s. 11
Output-Based Pricing System Regulations — 17
Total GHGs 17 (1) Subject to subsection (5) and section 18 , the total quantity of GHGs from a covered facility other than an electricity generation facility, during a compliance period, expressed in CO 2 e tonnes, is determined by the formula The summation of the products of Ej and GWPj for each greenhouse gas type “j”, summed for all specified emissions types “i” where E j is the quantity of each GHG type “j” from the covered facility during a compliance period, for each specified emission type, determined in accordance with subsections (2) to (4); GWP j is the global warming potential of the GHG type “j” applicable to the compliance period and, if it is used to determine the quantities referred to in the descriptions of A, C and F in subsection 37(1), for the reference year “i”, the global warming potential applicable to the compliance period in respect of which the output-based standard is being calculated; i is the i th specified emission type, where “i” goes from 1 to n and where n is the number of the facility’s specified emission types; and j is the j th GHG type, where “j” goes from 1 to m and where m is the number of greenhouse gases. Quantity of each GHG (2) The quantity of a GHG type “j” from a covered facility during a compliance period for a specified emission type “i” is the sum of the following quantities, determined in accordance with the applicable requirements set out in Quantification Methods: (a) the quantities of that GHG from industrial activities set out in column 1 of Schedule 1 and set out in column 2 of the table to the Part of Schedule 3 that is applicable to those industrial activities, for a specified emission type set out in column 1 of that table; (b) the quantities of that GHG from those industrial activities, but not set out in column 2 of the table to the Part of Schedule 3 that applies to those activities or for a specified emission type not set out in column 1 of that table; and (c) any quantity of that GHG that is not referred to in paragraph (a) or (b). Sampling, analysis and measurement requirements (3) If the quantity of a GHG is determined in accordance with subsection (2), the sampling, analysis and measurement requirements that apply are those set out in Quantification Methods. Missing data (4) For the purposes of subsection (2), if, for any reason beyond the control of the person responsible for a covered facility, the data required to quantify the GHGs from a covered facility are missing for a given period of a compliance period, replacement data for the given period must be calculated in accordance with Quantification Methods. (4.1) [Repealed, SOR/2023-240, s. 12] Biomass — exclusion of CH 4 and N 2 O (5) For the purposes of the determination made under subsection (1), the quantities of CH 4 and N 2 O generated from stationary devices that combust biomass for the purpose of producing useful heat are subtracted from the quantities of CH 4 and N 2 O calculated in accordance with subsections (2) to (4) for stationary fuel combustion emissions. SOR/2021-197, s. 9 SOR/2023-240, s. 12
Output-Based Pricing System Regulations — 18
Additional generation of electricity 18 For the purposes of section 17, the quantities of the GHGs for specified emission types from the generation of electricity using fossil fuels by a covered facility — other than a covered facility referred to in paragraph 11(1)(c) — are determined in accordance with the methods that are applicable to any of the industrial activities engaged in at the covered facility. SOR/2023-240, s. 13
Output-Based Pricing System Regulations — 20
Total emissions per unit — electricity 20 (1) Subject to subsection (6), with respect to an electricity generation facility, the total quantity of GHGs from each unit within a facility, during a compliance period, expressed in CO 2 e tonnes, is determined by the formula The summation of the products of Ej and GWPj for each greenhouse gas type “j”, summed for all specified emissions types “i” where E j is the quantity of each GHG type “j” from the unit during a compliance period for each specified emission type determined in accordance with subsections (2) to (5); GWP j is the global warming potential of the GHG type “j” applicable to the compliance period; i is the i th specified emission type, where “i” goes from 1 to n and where n is the unit’s number of specified emission types; j is the j th GHG type, where “j” goes from 1 to m and where m is the number of greenhouse gases. Quantity of each GHG (2) The quantity of a GHG type “j” generated by a unit during a compliance period for a specified emission type “i” is the sum of the following quantities, determined in accordance with the applicable requirements set out in Quantification Methods: (a) the quantities of the GHG that is set out in column 2 of the table to Part 38 of Schedule 3 for a specified emission type set out in column 1; and (b) any quantity of the GHG that is not referred to in paragraph (a). Apportioning GHGs (3) For the purposes of paragraph (2)(b) or (c), if the GHGs for a specified emission type referred to in subsection (2) can only be quantified for the facility as a whole, the quantity of those GHGs must be apportioned to the facility’s units on the basis of each unit’s total generation of electricity relative to the facility’s total generation of electricity. Sampling, analysis and measurement requirements (4) If the quantity of a GHG is determined in accordance with subsection (2), the sampling, analysis and measurement requirements that apply are those set out in Quantification Methods. Missing data (5) For the purposes of subsection (2), if, for any reason beyond the control of the person responsible for a covered facility, the data required to quantify GHGs generated by a unit are missing for a given period of a compliance period, replacement data for the given period must be calculated in accordance with Quantification Methods. Biomass — exclusion of CH 4 and N 2 O (6) For the purposes of the determination made under subsection (1), the quantity of CH 4 and N 2 O generated from stationary devices that combust biomass for the purpose of producing useful heat are subtracted from the quantity of CH 4 and N 2 O calculated in accordance with subsections (2) to (5) for stationary fuel combustion emissions. SOR/2023-240, s. 14
Output-Based Pricing System Regulations — 21
Hybrid configuration 21 For the purposes of section 20 , if a combustion engine unit and a boiler unit share the same steam turbine, the GHGs from those units are quantified as follows: (a) with respect to a combustion engine unit, the quantification provisions apply to the assembly comprised of combustion engines and any other equipment connected to them, including the steam turbine that it shares with the boiler unit; and (b) with respect to a boiler unit, the quantification provisions apply to the assembly comprised of boilers and any other equipment connected to them, including the steam turbine that it shares with the combustion engine unit.
Output-Based Pricing System Regulations — 22
Biomass — exclusion of CO 2 22 (1) CO 2 from biomass is not included in the quantity of CO 2 calculated in accordance with subsections 17 (2) to (4) or 20 (2) to (5). Methane (2) CH 4 from venting or leakage emissions from an industrial activity set out in item 1, 2, 4 or 5, column 1, of Schedule 1 is not included in the quantity of CH 4 calculated in accordance with subsections 17 (2) to (4).
Output-Based Pricing System Regulations — 22.1
Measuring device 22.1 Unless otherwise provided for in a method set out in Quantification Methods, any measuring device that is used to determine a quantity for the purposes of these Regulations must (a) be installed, operated, maintained and calibrated in accordance with the manufacturer’s specifications, or, if those specifications are not available, with any applicable generally recognized national or international industry standard; and (b) maintain accuracy within plus or minus 5%. SOR/2023-240, s. 15
Output-Based Pricing System Regulations — 23
De minimis 23 (1) Subject to subsection (2), the quantity of a GHG for any specified emission type does not need to be included in the determination made under subsections 17 (2) to (4) or 20 (2) to (5) if the quantity of the GHG, expressed in CO 2 e tonnes, does not exceed 0.5% of the total quantity of GHGs determined under subsection 17 (1) or 20 (1). Limit (2) The sum of the quantities of GHGs not included under subsection (1) cannot exceed 0.5% of the total quantity of GHGs determined under subsection 17 (1) or 20 (1).
Output-Based Pricing System Regulations — 25
Continuous Emissions Monitoring System 25 If a continuous emissions monitoring system is used to quantify GHGs under these Regulations, the person responsible for the covered facility must ensure that the system complies with the requirements set out in Quantification Methods. SOR/2023-240, s. 16
Output-Based Pricing System Regulations — 26
Alternative method 26 Despite sections 17 and 20, the person responsible for a covered facility may use a method other than a method set out in Quantification Methods if they have a permit issued in accordance with section 28. SOR/2023-240, s. 17
Output-Based Pricing System Regulations — 27
Application for permit 27 (1) An application for a permit must be submitted to the Minister and must contain the information referred to in Schedule 4. Certification (2) The application must be accompanied by a certification, dated and signed by the person responsible for the covered facility or by their authorized official, stating that the information contained in the application is accurate and complete.
Output-Based Pricing System Regulations — 28
Conditions of issuance 28 (1) The Minister must issue the permit to use a method of quantification other than the method set out in Quantification Methods if (a) the person responsible for the covered facility establishes that, at the time of the application, it is not technically or economically feasible to use the method set out in Quantification Methods; (b) the person responsible for the covered facility demonstrates that the method being proposed is at least as rigorous as the requirements set out in Quantification Methods and provides equivalent results to those that would have been obtained from those requirements; (c) the person responsible for the covered facility provides a plan describing measures that will be taken to enable the use of the method set out in Quantification Methods and the implementation period for that plan, up to a maximum of two years; and (d) the requested term of the permit does not exceed the period for which the permit is necessary. Period of validity (2) The term of the permit must not exceed 24 months. Grounds for refusing permit (3) The Minister must refuse to issue a permit if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application. Renewal (4) The permit can only be renewed once. SOR/2023-240, s. 18
Output-Based Pricing System Regulations — 29
Application for renewal 29 (1) The application for the renewal of a permit must include the information referred to in Schedule 4 and an explanation of the reasons why the plan that was submitted in the initial permit application was not implemented within the period identified in the initial application. The application for renewal must be submitted to the Minister at least 90 days before the expiration of the permit. Conditions for renewal (2) The Minister must renew the permit if the conditions set out in subsection 28 (1) are met.
Output-Based Pricing System Regulations — 30
Grounds for revocation 30 (1) The Minister must revoke the permit if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information. Notice of revocation (2) Before revoking a permit, the Minister must provide the permit holder with (a) written reasons for the revocation; and (b) an opportunity to make written representations in respect of the revocation. Date of revocation (3) The revocation of a permit is effective 30 days after the day on which the Minister notifies the permit holder.