Income Tax Act — I-3.3 127.48
’s clean hydrogen project plan, where the Minister of Natural Resources has confirmed in writing that (a) the hydrogen will be produced from an eligible pathway; (b) the expected carbon intensity contained in the taxpayer’s most recent clean hydrogen project plan (i) is determined in accordance with subsection (6), and (ii) can reasonably be expected to be achieved based on the project design; and (c) if the project is intended to produce clean ammonia, the taxpayer has demonstrated (i) that the project can reasonably be expected to have sufficient hydrogen production capacity to satisfy the needs of the taxpayer’s ammonia production facility, and (ii) if the taxpayer’s hydrogen production facility and its ammonia production facility are not co-located, the feasibility of transporting hydrogen between the facilities. ( projet admissible pour l’hydrogène propre ) qualified validation firm means, in respect of a clean hydrogen project of a taxpayer, an engineer or engineering firm that (a) is registered and in good standing with a professional association that has the authority or recognition by law of a jurisdiction in Canada to regulate the profession of engineering in (i) the jurisdiction where the project is located, or (ii) if there is no professional association in the jurisdiction described in subparagraph (i), a jurisdiction in Canada where a professional association regulates the profession of engineering; (b) has appropriate insurance coverage; (c) has expertise in modelling using the Fuel LCA Model and engineering expertise in production processes for hydrogen and, if applicable, ammonia; (d) at all times, is independent of, deals at arm’s length with and is not an employee of the taxpayer; and (e) meets the requirements described in guidelines published by the Minister of Natural Resources, including the Clean Hydrogen Investment Tax Credit – Validation and Verification Guidance Document . ( firme admissible de validation ) qualified verification firm means, in respect of a clean hydrogen project of a taxpayer, an individual or firm that (a) is either (i) an engineer or an engineering firm that is registered and in good standing with a professional association that has the authority or recognition by law of a jurisdiction in Canada to regulate the profession of engineering in (A) the jurisdiction where the project is located, or (B) if there is no professional association in the jurisdiction described in clause (A), a jurisdiction in Canada where a professional association regulates the profession of engineering, or (ii) a verification body accredited and in good standing under the Clean Fuel Regulations ; (b) has appropriate insurance coverage; (c) has expertise in life-cycle analysis of greenhouse gas emissions; (d) at all times, is independent of, deals at arm’s length with and is not an employee of the taxpayer; (e) is not a qualified validation firm in respect of the project; and (f) meets the requirements described in guidelines published by the Minister of Natural Resources, including the Clean Hydrogen Investment Tax Credit – Validation and Verification Guidance Document . ( firme admissible de vérification ) qualifying taxpayer means a taxable Canadian corporation. ( contribuable admissible ) specified greenhouse gas means (a) carbon dioxide; (b) methane; (c) nitrous oxide; (d) sulphur hexafluoride; and (e) any other greenhouse gases listed in the Fuel LCA Model and included in the Clean Hydrogen Investment Tax Credit – Carbon Intensity Modelling Guidance Document published by the Government of Canada at the time that a taxpayer files its most recent clean hydrogen project plan with the Minister of Natural Resources. ( gaz à effet de serre déterminé ) specified percentage means (a) in respect of the capital cost of an eligible clean hydrogen property (other than equipment described in paragraph (b)) that is acquired by a qualifying taxpayer for use in a clean hydrogen project, (i) if the expected carbon inte