Clean Fuel Regulations — 54
Exemption — no net expansion 54 (1) The Minister may, on application from the national level of government of a country, exempt a feedstock that is a crop from the application of section 51 if the Minister is satisfied that the country from which the feedstock originates has not, since July 1, 2020, undergone a net expansion of agricultural land, taking into account the following factors: (a) any net expansion since July 1, 2020 to the national borders within which agricultural land is measured; (b) the total amount of land within those national borders that was agricultural land on July 1, 2020; (c) data from the preceding year on the harvesting of land, including satellite data, aerial photography, census data and agricultural survey data; (d) data on the use of land to harvest crops between July 1, 2020 and the beginning of the preceding year, including satellite data, aerial photography, census data and agricultural survey data; (e) any factors that have had or may have an effect on the use of agricultural land within those national borders, including agricultural practices, economic considerations and the content, efficacy and enforcement of applicable laws; (f) the method of identifying which entity will gather and analyze data and submit it to the Minister, as well as the reliability and credibility of that entity; (g) evidence with respect to whether the data and methods used to evaluate the net expansion of agricultural land are reliable and transparent; (h) any comments from the public that the Minister receives; and (i) any information that is necessary to determine whether the country from which the feedstock originates has, since July 1, 2020, undergone a net expansion of agricultural land. Conditions (2) The exemption must not be granted by the Minister unless (a) the national level of government of the country from which the feedstock originates has provided to the Minister, in English or French, information in respect of the factors referred to in paragraphs (1)(a) to (g) and (i); (b) the national level of government of the country from which the feedstock originates has provided to the Minister a letter, in English or French, that is signed by an individual with a role comparable to a Minister who is responsible for the part of the government with primary expertise in agricultural land-use patterns and agricultural practices, data and statistics and, in the letter, the individual confirms that (i) all supporting data for the factors referred to in paragraphs (1)(a) to (g) and (i) have been reviewed by that part of the government, and (ii) the data supports the conclusion that the country from which the feedstock originates has not, since July 1, 2020, undergone a net expansion of agricultural land; and (c) information in respect of the factors referred to in paragraphs (1)(a) to (g) and (i) has been published on the Department of the Environment’s website and the public has been given an opportunity to submit comments with respect to that information and the proposed exemption for a period of at least 60 days. Period of validity (3) The exemption takes effect on the day on which it is granted and ceases to be valid one year after that day, unless the Minister grants a subsequent exemption under subsection (1). Publication (4) The Minister must publish on the Department of the Environment’s website, for each exemption that is granted under subsection (1) with respect to a feedstock, a notice of the exemption that sets out the name of the country from which the feedstock originates and the date on which the exemption takes effect.