GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Greenhouse Gas Offset Credit System Regulations — 29
Criteria for issuance of offset credits 29 (1) The Minister must issue offset credits to a proponent for the period covered by a project report, in the amount determined in accordance with subsection (2), if the requirements of section 7 are met and (a) the project report and any corrected project report is free of material discrepancies; (b) the quantity of GHG reductions referred to in any of subsections 20 (1) to (3) reported in the report were quantified in accordance with these Regulations; and (c) the GHG reductions for which the credits are issued were generated during the period covered by the report. Calculation of offset credits (2) The number of offset credits that the Minister must issue in respect of a project for each calendar year covered by the report is determined by the following formula: A i – B i – C i – D i where A i is the total reported quantity of GHG reductions determined in accordance with subsection 20 (1) or (2) or paragraph 20 (3)(a) or (b), as the case may be, for calendar year “i”, expressed in CO 2 e tonnes; B i is the product of the description of A and percentage of credits the proponent agrees to forgo, for calendar year “i”, with respect to the project, pertaining to direct financial incentives in accordance with an agreement; C i is for calendar year “i”, equal to the product of the result of the following formula and either, for a sequestration project for which the tonne-tonne or hybrid tonne-year quantification method is used, the sum of 3% and the percentage set out in the protocol that corresponds to the reversal risk mitigation measures and monitoring activities implemented for the project for that calendar year, or, for any other project, 3%: A i – (B i + D i ) D i is the net increase in GHGs that was carried forward in accordance with subsection 20 (5) for calendar year “i”; and i is the i th calendar year, where “i” goes from 1 to n and where n is the number of calendar years covered by the report. Rounding (3) For the purposes of subsection (2), any result calculated under that subsection is to be rounded to the nearest whole number and, if the number is equidistant between two whole consecutive numbers, to the higher number.
Canadian Greenhouse Gas Offset Credit System Regulations — 30
Notification 30 The Minister must notify the proponent of the number of offset credits being issued for each calendar year in the period covered by the report.
Canadian Greenhouse Gas Offset Credit System Regulations — 31
Environmental integrity account 31 (1) The Minister must deposit, for a given calendar year, the number of offset credits equal to the amount determined for C in subsection 29 (2) into the environmental integrity account for that calendar year. Restriction (2) Offset credits in the environmental integrity account may not be sold or transferred. The credits may only be revoked in accordance with these Regulations.
Canadian Greenhouse Gas Offset Credit System Regulations — 32
Errors or omissions — identified by proponent 32 (1) If, within eight years after submitting a project report, a proponent becomes aware of an error or omission in the report, the proponent must notify the Minister in writing as soon as feasible. Notice from proponent (2) The notice must include (a) the project registration number or, in the case of an aggregation of projects, the registration number of the aggregation along with the project registration number for the projects in which an error or omission occurred; (b) a statement indicating whether the error or omission had an impact on the quantity of GHG reductions reported in the project report; and (c) a statement indicating whether the error or omission led to an over-issuance or under-issuance of offset credits. Corrected project report (3) The proponent must submit to the Minister (a) a corrected project report within 60 days after the day on which the notice is submitted, if the notice indicates that the error or omission does not impact the quantity of GHG reductions provided in the project report; and (b) a corrected project report along with a verification report, prepared in accordance with section 28 , within 90 days after the day on which the notice is submitted, if the notice indicates that the error or omission impacts the quantity of GHG reductions provided in the project report. Contents of corrected report (4) The corrected project report must include the information referred to in subsection 20 (1), (2) or (3) with respect to the period covered by the report and, under a heading, the following information: (a) the information provided in the original project report that required correction along with a description of the corrections made; (b) a description of the circumstances that led to the error or omission and why the error or omission was not previously detected; (c) a description of the measures that have been and will be implemented to avoid future errors or omissions of the same type; (d) if applicable, the difference between the number of offset credits that were calculated in accordance with section 29 and the number of offset credits that is calculated based on the corrected project report; and (e) a statement indicating whether the aggregate of the errors and omissions constitute a material discrepancy. Declaration (5) The corrected project report must be accompanied by a declaration, dated and signed by the proponent or their authorized official, stating that the information contained in the report is accurate and complete.
Canadian Greenhouse Gas Offset Credit System Regulations — 33
Errors or omissions — identified by Minister 33 If, within eight years after a project report has been submitted under these Regulations, the Minister is of the opinion that there is an error or omission that requires a corrected report to be submitted, the Minister must require the proponent to submit (a) if the error or omission did not have an impact on the quantity of GHG reductions reported in the project report, a corrected project report within 60 days after the day on which the Minister required it; and (b) if the error or omission had an impact on the quantity of GHG reductions reported in the project report, a corrected project report, accompanied by a verification report prepared in accordance with section 28 , within 90 days after the day on which the Minister required it.
Canadian Greenhouse Gas Offset Credit System Regulations — 34
Under-issuance 34 If a corrected project report indicates that an under-issuance of offset credits was issued for a calendar year, the Minister must issue to the proponent the number of offset credits for that calendar year that is equal to the difference referred to in paragraph 32 (4)(d) for that calendar year and deposit a corresponding number of credits into the environmental integrity account.
Canadian Greenhouse Gas Offset Credit System Regulations — 35
Over-issuance 35 (1) If a corrected project report indicates that there was an over-issuance of offset credits, the proponent must remit to the Minister, with the corrected report, the number of offset credits that is equal to the difference referred to in paragraph 32 (4)(d). Manner of compensation (2) If the proponent does not remit the number of offset credits required under subsection (1), the Minister may (a) for the purposes of section 180 of the Act, revoke a number of offset credits and that are in the proponent’s GHG Offset Credit System account, issued with respect to the project, equal to the number of offset credits necessary to make up the difference; and (b) if the number of offset credits remitted by the proponent under subsection (1) or revoked under paragraph (a) is less than the number of offset credits necessary to make up the difference, (i) for the purposes of subsection 181(1) of the Act, require the proponent to remit compliance units by notifying the them of the number of compliance units to be remitted and the deadline by which the remittance is to be made, and (ii) where the proponent does not remit compliance units in accordance with subparagraph (i) or make a payment in lieu of remitting compliance units thereof under subsection 181(3) of the Act, revoke, for the purposes of section 180 of the Act, offset credits in the environmental integrity account to make up the difference. Environmental integrity account (3) The Minister may, for the purposes of section 180 of the Act, revoke a number of offset credits in the environmental integrity account that is equal to the number of offset credits deposited into that account as a result of the error or omission. Manner of remittance (4) Subject to subsection (5), the compliance units remitted to the Minister for the purposes of subparagraph (2)(b)(i), in accordance with subsection 181(2) of the Act, must (a) in the case of offset credits or units or credits recognized as compliance units under a regulation made under the Act, have been issued for GHG reductions that occurred within the eight calendar years before the deadline indicated in the notice provided under that subparagraph; and (b) in the case of surplus credits, have been issued within five calendar years before the deadline indicated in the notice provided under that subparagraph. Surplus credits (5) If a proponent is required to remit compliance units, the proponent may remit surplus credits if those surplus credits were issued to a covered facility located in a province listed in Part 2 of Schedule 1 to the Act in the calendar year during which the Minister notified the proponent under subparagraph (2)(b)(i) of the requirement to remit compliance units.
Canadian Greenhouse Gas Offset Credit System Regulations — 36
Suspension — error or omission 36 (1) For the purposes of subsection 180(1) of the Act, if the Minister is of the opinion, based on a notice referred to in subsection 32 (2) or in accordance with section 33 , that an error or omission resulted in the over-issuance of offset credits, the Minister may suspend offset credits for the applicable project in the proponent’s GHG Offset Credit System account. Notice of suspension (2) The Minister must, without delay, notify the proponent of the suspension of the credits, the reasons for the suspension and the date on which it takes effect. Lifting of suspension (3) The Minister must lift the suspension if the number of compliance units remitted or revoked, or payments made under section 35 , compensate for the amount of the over-issuance.
Canadian Greenhouse Gas Offset Credit System Regulations — 37
Proponent’s notice of reversal 37 (1) If a proponent of a sequestration project — other than a sequestration project for which the tonne-year quantification method is used — becomes aware of a reversal, they must, without delay, notify the Minister in writing, and include the following information with the notice: (a) the project registration number, or in the case of an aggregation of projects, the registration number of the aggregation along with the project registration numbers for the projects in respect of which a reversal occurred; (b) the date on which the reversal started, the date on which the GHGs stopped being released, if applicable, and a description of the circumstances and causes of the reversal; and (c) the steps taken to contain the reversal or prevent the release of additional GHGs. Reversal report (2) The proponent must, within 18 months after the date of the notice, submit to the Minister a reversal report, together with a verification report, that includes the following information: (a) the registration number of the project; (b) the title of the applicable protocol and, if more than one version of the protocol is included in the Compendium of Federal Offset Protocols, the date of the applicable version; (c) the circumstances and causes of the reversal; (d) the location within the geographic boundaries of the project where the reversal occurred; (e) the date on which the reversal started and, if applicable, the date on which the GHGs stopped being released; (f) the list of reversal risk mitigation measures and monitoring activities implemented since the last monitoring report but prior to the reversal, along with the date of their implementation; (g) the quantity of GHGs released into the atmosphere during the reversal up to the date the report is prepared, determined in accordance with the protocol, expressed in CO 2 e tonnes; and (h) the data, values and calculations used to quantify the GHGs released into the atmosphere, that are specified in paragraph (g). Aggregation of projects (3) For the purposes of an aggregation of projects, the reversal report referred to in subsection (2) must contain the following information: (a) the registration number of the aggregation of projects along with the project registration numbers for the projects in respect of which a reversal occurred; (b) the title of the applicable protocol and, if more than one version of the protocol is included in the Compendium of Federal Offset Protocols, the date of the applicable version; and (c) the information referred to in paragraphs (2)(c) to (h) for the projects within the aggregation in respect of which a reversal occurred. Declaration (4) The reversal report must be accompanied by a declaration, dated and signed by the proponent or their authorized official, stating that the information contained in the report is accurate and complete.
Canadian Greenhouse Gas Offset Credit System Regulations — 38
Suspension of offset credits 38 If, for the purposes of subsection 180(1) of the Act, the Minister suspends offset credits in the proponent’s GHG Offset Credit System account — either because the Minister has received notice from a proponent that a reversal has occurred or because he or she has reasonable grounds to suspect that a reversal has occurred —, the Minister must notify the proponent of the suspension and its effective date.
Canadian Greenhouse Gas Offset Credit System Regulations — 39
Information to the Minister 39 (1) If the Minister suspends offset credits in the proponent’s GHG Offset Credit System account because the Minister has reasonable grounds to suspect that a reversal has occurred, the proponent must, within 60 days after the date the notice referred to in section 38 is received, submit to the Minister the information referred to in subsection 37 (1) and, if the proponent contests that a reversal has occurred, submit the list of reversal risk mitigation measures and monitoring activities that were implemented since the submission of the last monitoring report and a declaration by the proponent that the reversal risk management plan was implemented and that no reversal occurred. Minister’s decision (2) The Minister must notify the proponent of the Minister’s decision with respect to whether or not a reversal has occurred. Reversal report (3) If the Minister determines that a reversal has occurred, the proponent must, within 18 months after the date of the notice referred to in subsection (2) is received, submit to the Minister the reversal report set out in subsection 37 (2) and the declaration specified in subsection 37 (4), together with a verification report.
Canadian Greenhouse Gas Offset Credit System Regulations — 41
Electronic submission 41 (1) Any information that is required to be provided to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and must bear the electronic signature of the proponent or of their authorized official. Provision on paper (2) If the Minister has not specified an electronic form and format or if it is not feasible to submit the information in accordance with subsection (1) because of circumstances beyond the control of the proponent or their authorized official, the information must be submitted on paper, signed by the proponent or their authorized official, in the form and format specified by the Minister. However, if no form and format has been so specified, it may be in any form and format.
Canadian Greenhouse Gas Offset Credit System Regulations — 42
Notification following change 42 (1) A proponent must notify the Minister, in writing, within 30 days following the date after a change to any of the following: (a) the information referred to in paragraph 1(a), (b), (d) or (g) of Schedule 1 or paragraph 1(a) or (b) or 2(a), (b) or (c) of Schedule 2; and (b) the project start date, if it is different than the anticipated start date. Pre-notification of change (2) A proponent must notify the Minister, in writing, no less than 30 days before the day on which they make a change to any reversal risk mitigation measure or monitoring activity undertaken to mitigate those risks.
Canadian Greenhouse Gas Offset Credit System Regulations — 43
Application for transfer 43 (1) A request for the transfer of a project registration to another person must be submitted to the Minister by the proponent of the project and must include (a) the project registration number, and, if applicable, as the case may be: (i) the registration number for the aggregation being transferred and the registration number for each project registered as part of that aggregation, in the case of a transfer of an aggregation of projects, or (ii) the registration number of the aggregation the group of projects was part of, the registration number of the aggregation the projects are being transferred to, if any, and the registration number of each project being transferred, in the case of a transfer of a group of projects registered as part of an aggregation; (b) a declaration signed by the proponent or their authorized official as well as a declaration signed by the person to whom the transfer will be made or their authorized official, stating that they consent to the transfer along with, if the request for a transfer is with respect to an aggregation of projects or a group of project registered as part of an aggregation, a written record of the consent to transfer from the person carrying out the project activities for each project that is being transferred; (c) the information referred to in paragraphs 1(a) to (c) of Schedule 1 or 1(a) to (c) of Schedule 2, as the case may be, with respect to the person to whom the transfer is being made; and (d) the number of the account in the GHG Offset Credit System account in the tracking system of the person to whom the transfer will be made. Information to be provided (2) The person to whom the transfer is being made, or their authorized official, must submit to the Minister (a) the project registration number of the project to be transferred; and (b) the information referred to in Schedule 1 or 2, as the case may be, with respect to the person to whom the transfer is being made. Declaration (3) The person to whom the transfer is being made or their authorized official must submit to the Minister a declaration, dated and signed by that person or their authorized official, stating that the information they have provided is accurate and complete.
Canadian Greenhouse Gas Offset Credit System Regulations — 44
Information 44 The proponent must provide the Minister with the following information with any remittance or payment in lieu of remitting compliance units, referred to in paragraph 15 (1)(b), subsection 35 (1), paragraph 35 (2)(b) or paragraph 40 (2)(b): (a) the project registration number or in the case of an aggregation of projects, the registration number of the aggregation along with the project registration number for the projects in which an error or omission occurred; (b) the calendar year for which the remittance or payment in lieu is being made; (c) the number of compliance units in respect of which remittance or payment is being made; (d) the details of any payments made under subsection 181(3) of the Act, including (i) the amount in dollars paid to the Receiver General for Canada, (ii) the applicable rate, and (iii) the date of the payment; (e) the details of any surplus credits or offset credits remitted, including for each type of credit (i) the number of credits remitted, (ii) the date of the remittance transaction, (iii) the serial numbers, and (iv) the date or dates on which they were issued; and (f) the details of any units or credits, recognized as compliance units, remitted, including (i) the number of units or credits remitted, (ii) the province or territory or program authority referred to in subsection 78(1) of the Output-Based Pricing System Regulations that issued the units or credits, (iii) the date on which the unit or credit was retired or locked in the provincial or territorial program for the sole purpose of remittance as a recognized compliance unit under the Act, (iv) the serial numbers assigned to them by the province or territory or program authority referred to in subsection 78(1) of the Output-Based Pricing System Regulations , (v) the start date of the offset project for which the unit or credit was issued, (vi) the year in which the GHG reduction occurred for which the unit or credit was issued, (vii) the offset protocol applicable to the project for which the unit or credit was issued, including the version number and publication date, and (viii) the name of the verification body that verified the units or credits.
Canadian Greenhouse Gas Offset Credit System Regulations — 45
Content of record 45 (1) A proponent must keep a record of the following information for each project for which they are responsible: (a) any information provided in an application for registration of a project, updates to that information, and supporting documents; (b) any requests to transfer the registration of a project to another proponent; (c) all documents, records or data used in preparation of the registration application; (d) documents that demonstrate that the operation, maintenance, and calibration of measuring devices was done in accordance with these Regulations; (e) all data used for a calculation made under these Regulations, for each source, sink and reservoir, including data used to estimate missing data; (f) all sampling, analysis and measurement data used for a calculation made under these Regulations; (g) the calculation, sampling, analysis and measurement methods used for a calculation made under these Regulations; (h) the procedural changes made in data collection and calculations and changes to measuring devices used to quantify GHG emissions and removals; (i) any errors or omissions identified and the measures taken to correct them, with all supporting data and documentation; and (j) further records as specified in the protocol regarding the project activities. Location of records (2) The records must be kept and retained at the proponent’s principal place of business in Canada or, on notification to the Minister, at any other place in Canada where they can be inspected. Retention of records (3) For the purposes of subsection 187(5) of the Act, the records specified in subsection (1) must be retained either (a) for the period of beginning on the day the record was created and ending 10 years after the last day of the crediting period to which they relate, or (b) if the record is created with respect to a project referred to in subsection 22 (1), the period beginning on the day the record was created and ending 10 years after the last day of the period for which monitoring reports are required.
Canadian Greenhouse Gas Offset Credit System Regulations — 46
Available to the public 46 Subject to sections 254 and 255 of the Act, the Minister may make available to the public the following information with respect to a project: (a) the name of the proponent; (b) the project registration number, project location, project start date, and the number of offset credits issued against that projects; and (c) the project reports, corrected project reports, reversal reports, verification reports, and monitoring reports submitted.
Canadian Greenhouse Gas Offset Credit System Regulations — 50
Registration 50 These Regulations come into force on the day on which they are registered.