Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations — 6
Deferral of application of subsection 3 (1) 6 (1) A responsible person for an existing unit that ceases to produce electricity after June 30, 2015 (referred to in this section as the “shut-down unit”) may apply to the Minister to have the application of subsection 3 (1) deferred in respect of another unit or units (referred to in this section as the “deferred units”) for the number of years in the period that begins on January 1 of the calendar year that follows that cessation and that ends on December 31 of the calendar year in which the useful life of the shut-down unit ends. If the application is granted, the application of subsection 3 (1) is, in respect of each calendar year in that period, deferred for the deferred unit and the calendar year that begins after the end of that deferred unit’s useful life that the responsible person specifies in their application. Conditions of application for deferral (2) The application may be made only if the following conditions are satisfied: (a) the shut-down unit and each of the specified deferred units have a common owner who has an ownership interest of 50% or more in the shut-down unit and in each of those specified deferred units; (b) the shut-down unit and each of those specified deferred units are located in the same province; and (c) the production capacity of the shut-down unit, during the calendar year preceding the day on which it ceased production, was greater than or equal to the production capacity of each of those specified deferred units during the calendar year preceding the day on which the application was made. Content of application (3) The application must be made on or before May 31 of the calendar year preceding the earliest of the specified calendar years referred to in subsection (1) and must (a) indicate the calendar years included in the period referred to in subsection (1); (b) specify the deferred unit referred to in subsection (1) in respect of each of the calendar years referred to in paragraph (a); (c) for each of those specified deferred units in respect of each of those calendar years, specify the calendar year that begins after the end of the useful life of the unit for which the application of subsection 3 (1) is to be deferred; (d) indicate the registration number of the shut-down unit and of each of the specified deferred units; and (e) include information, with supporting documentation, to demonstrate that the conditions of paragraphs (2)(a) to (c) are satisfied. Granting of deferral (4) The Minister must, within 30 days after receiving the application, grant the deferral if the following conditions are satisfied: (a) the shut-down unit is not a substituted unit referred to in subsection 5 (5); (b) no deferred unit is a unit that is involved in a temporary exemption granted under subsection 9 (3); and (c) the Minister is satisfied that the conditions of paragraphs (2)(a) to (c) are satisfied; No recommencement of shut-down unit (5) It is prohibited for any person to cause the shut-down unit to recommence producing electricity after the application of subsection 3 (1) is deferred in respect of a specified deferred unit. Changes to deferred units (6) The responsible person referred to in subsection (1) may change the specified deferred unit in respect of a specified calendar year referred to in paragraph (3)(c) by sending a notice to the Minister if that specified calendar year is not one for which the application of subsection 3 (1) has been deferred. The notice must include (a) the registration number of the proposed new specified deferred unit; (b) the calendar year that begins after the end of the useful life of the proposed new specified deferred unit for which the application of subsection 3 (1) is to be deferred; and (c) information, with supporting documentation, to demonstrate that the conditions of paragraphs (2)(a) and (b) are satisfied in respect of the proposed new specified deferred unit and the condition of paragraph (2)(c) is satisf