GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Multi-Sector Air Pollutants Regulations — Multi-Sector Air Pollutants Regulations
rated brake power means the maximum brake power of an engine or a replacement unit as specified by its manufacturer either on its nameplate or otherwise. ( puissance au frein nominale )
Multi-Sector Air Pollutants Regulations — Multi-Sector Air Pollutants Regulations
regular-use describes an engine referred to in section 50 as being regular-use. ( à utilisation régulière )
Multi-Sector Air Pollutants Regulations — Multi-Sector Air Pollutants Regulations
rich-burn describes an engine for which the oxygen content in the exhaust gas, before any dilution, is less than 4%, determined by volume on a dry basis. ( à mélange riche )
Multi-Sector Air Pollutants Regulations — Multi-Sector Air Pollutants Regulations
SCADA system means a computer system, known as a supervisory control and data acquisition system, that measures an engine or replacement unit’s operating state, manages the parameters controlling its operating state and stores data related to its operating state. ( système SCADA )
Multi-Sector Air Pollutants Regulations — Multi-Sector Air Pollutants Regulations
still gas means a gas that is produced by distillation, cracking or reforming in a petroleum refinery, in an asphalt refinery or in an oil sands facility that is used or designed to engage in the activity of upgrading. ( gaz de distillation )
Multi-Sector Air Pollutants Regulations — Multi-Sector Air Pollutants Regulations
subgroup means a notional collection of pre-existing engines and replacement units that belong to a responsible person’s group established in accordance with section 65 . ( sous-groupe )
Multi-Sector Air Pollutants Regulations — Multi-Sector Air Pollutants Regulations
synthetic gas means a gas that is derived from the gasification of coal or from the gasification of by-products, residual products or waste products of an industrial process. ( gaz de synthèse )
Multi-Sector Air Pollutants Regulations — 46
Pre-existing and modern engines 46 (1) This Part applies in respect of a pre-existing or modern engine, located in a regulated facility, that combusts gaseous fuel. Pre-existing engines (2) An engine is pre-existing if one of the following dates is before the 90th day after the day on which these Regulations are registered: (a) the date of its manufacture as provided by its manufacturer; and (b) a date that is set out in a record of a responsible person for the engine that establishes that the engine was owned or operated on or before that date. Modern engines (3) An engine is modern if it is not pre-existing. Regulated facilities — modern engines (4) The following are the regulated facilities in respect of modern engines: (a) oil and gas facilities; (b) oil sands facilities; (c) petroleum refineries; (d) chemicals facilities; (e) nitrogen-based fertilizer facilities; (f) pulp and paper facilities; (g) base metals facilities; (h) potash facilities; (i) alumina facilities and aluminum facilities; (j) power plants; (k) iron, steel and ilmenite facilities; (l) iron ore pelletizing facilities; and (m) cement manufacturing facilities. Regulated facilities — pre-existing engines (5) Oil and gas facilities, other than asphalt refineries, are the regulated facilities in respect of pre-existing engines.
Multi-Sector Air Pollutants Regulations — 47
Non-application — low revenue and power 47 (1) This Part does not apply in respect of a pre-existing engine for a period of 36 months after the first day on which the following conditions are met: (a) there is only one responsible person for the engine; (b) the sum of the gross revenue of the responsible person and of each of its affiliates, if any, for the most recent taxation year for which each of them has filed a return of income, does not exceed $5 million; (c) the total rated brake power of the responsible person’s pre-existing engines is at most 1 MW; and (d) the responsible person provides the Minister with the information referred to in Schedule 8 for inclusion in the engine registry. Extension (2) A period of non-application referred to in subsection (1) is extended by 36 months if, on a day that occurs within the last six months of that period, (a) the conditions set out in paragraphs (1)(a) to (c) are met; and (b) the responsible person provides the Minister with the information referred to in Schedule 8 for inclusion in the engine registry. Meaning of gross revenue (3) In paragraph (1)(b) and Schedule 8, gross revenue has the same meaning as in section 248 of the Income Tax Act . Meaning of affiliates (4) In paragraph (1)(b) and Schedule 8, affiliates has the same meaning as in subsection 2(1) of the Canada Business Corporations Act .
Multi-Sector Air Pollutants Regulations — 48
Non-application — new owners 48 (1) Subject to subsection (3), this Part does not apply in respect of a pre-existing engine to an owner of it for a period of at most 275 days after the date on which they become its owner, if (a) that date occurs after March 31, 2020; and (b) before that date, the pre-existing engine has never been equipped with an emission control system that ensures that its NO x emission intensity is at most 525 ppmvd 15% or 10 g/kWh. End of period of non-application (2) The period of non-application under subsection (1) ends on the first day that is within those 275 days on which the following conditions are met: (a) the engine is equipped with an emission control systems referred to in paragraph (1)(b); (b) the owner assigns a NO x emission value of at most 525 ppmvd 15% or 10 g/kWh to the engine, in the case that they are subject to a limit referred to in section 60 ; and (c) the owner registers the engine in the engine registry in accordance with subsection 97 (3) or (4). No period of non-application (3) There is no period of non-application under subsection (1) if the conditions set out in subsection (2) are not met within those 275 days.
Multi-Sector Air Pollutants Regulations — 49
Synthetic gas and still gas 49 Sections 54, 55, 57, 58 and 68 do not apply in respect of an engine — for any period during which the fuel combusted consists of more than 50% synthetic gas, still gas or any combination of those gases — if records are kept that establish, based on a calculation of the mass flow, that the fuel combusted in that period consists of that proportion of those gases. SOR/2016-151, s. 133
Multi-Sector Air Pollutants Regulations — 50
Regular-use engines 50 Every engine that has operated for at least one hour during a year is a regular-use engine unless an election is in effect to have the engine be low-use.
Multi-Sector Air Pollutants Regulations — 52
Designation as rich-burn engine 52 (1) An engine that is designated by its manufacturer as being a rich-burn engine is presumed to be a rich-burn engine. Rebuttal — lean-burn engine (2) The presumption is rebutted if the responsible person for the engine establishes that the oxygen content in the exhaust gas, before any dilution, is at least 4%, determined by volume on a dry basis.
Multi-Sector Air Pollutants Regulations — 53
Applicable units — NO x emission intensity limit 53 The applicable NO x emission intensity limit for an engine referred to in section 54, 57 or 58 is the limit that is expressed in (a) the same units, ppmvd 15% or g/kWh, that were used to determine the NO x emission intensity of the engine for the most recent performance test conducted under section 77 or 78 ; or (b) ppmvd 15% , in the absence of a prior performance test or if the units that were used to make the determination for that most recent performance test are not known. SOR/2016-151, s. 134
Multi-Sector Air Pollutants Regulations — 54
Regular-use — limit 54 The NO x emission intensity of a modern engine that is regular-use and has a rated brake power of at least 75 kW must not exceed the limit of 160 ppmvd 15% or 2.7 g/kWh, whichever applies.
Multi-Sector Air Pollutants Regulations — 55
Low-use — limit 55 The NO x emission intensity of a modern engine that is low-use and has a rated brake power of at least 100 kW must not exceed the limit of 160 ppmvd 15% .
Multi-Sector Air Pollutants Regulations — 56
Establishment 56 (1) For the purposes of sections 58 to 68 , a responsible person for pre-existing engines that are regular-use and have a rated brake power of at least 250 kW establishes their group by designating which of those engines is to belong to the group. One group (2) A responsible person may have at most one group. Designation date (3) An engine is designated as belonging to a responsible person’s group as of (a) the date on which the responsible person became an owner of the engine if, within 90 days after that date, they make a record that contains the following information: (i) that date, (ii) the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier, (iii) the date on which the record was made, and (iv) an indication that the engine belongs to the group; and (b) in any other case, the date on which the responsible person makes a record that contains the following information: (i) the engine’s serial number — or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier , (ii) the date on which the record was made, and (iii) an indication that the engine belongs to the group. Ceasing to belong (4) An engine that belongs to a responsible person’s group ceases to belong to the group if (a) the engine ceases to be a regular-use engine; or (b) the responsible person cancels its designation as belonging to their group by making a record of the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier , along with the date of the cancellation. Deemed not belonging to any group (5) An engine that has been designated as belonging to more than one group is deemed not to belong to any group.
Multi-Sector Air Pollutants Regulations — 57
Engines not belonging to a group 57 The NO x emission intensity of a pre-existing engine that is regular-use, has a rated brake power of at least 250 kW and does not belong to any group must not exceed the limit of 210 ppmvd 15% or 4 g/kWh, whichever applies. SOR/2016-151, s. 135
Multi-Sector Air Pollutants Regulations — 58
Engines belonging to a group 58 Subject to section 60, the NO x emission intensity of an engine that belongs to a group must not exceed the limit of 210 ppmvd 15% or 4 g/kWh, whichever applies. SOR/2016-151, s. 136
Multi-Sector Air Pollutants Regulations — 60
Certain pre-existing engines 60 A responsible person who makes an election in accordance with subsection 61(1) to opt out of the application of section 58 must — for each year that follows the making of the election — ensure that the yearly average NO x emission intensity of each subgroup that they establish under section 65 does not exceed the limit of 210 ppmvd 15% or 4 g/kWh, whichever applies. SOR/2016-151, s. 137
Multi-Sector Air Pollutants Regulations — 61
 every 30 days during that year that contains (i) data that is taken every 15 minutes and used to determine the number of hours that it has operated, (ii) the dates on which that data was taken, and (iii) data that can be used to identify its make, model and serial number or, if the serial number is not known or cannot be obtained, unique alphanumeric identifier. Continuous operation (4) The non-resettable hour meter, the other non-resettable device or the SCADA system must operate continuously, other than during periods when it is undergoing normal servicing or timely repairs.
Multi-Sector Air Pollutants Regulations — 62
Revocation — on notice 62 (1) A responsible person may revoke their election by providing the Minister with a notice of revocation for inclusion in the engine registry by October 31 of a given year. Applicable limits (2) As of the first year that begins after the day on which the notice was provided, (a) the election is revoked; (b) the limit referred to in section 60 ceases to apply to the responsible person in respect of each subgroup that they establish under section 65 ; and (c) section 58 applies to the responsible person in respect of the engines that belong to their group. SOR/2016-151, s. 138
Multi-Sector Air Pollutants Regulations — 63
Revocation — after conviction 63 (1) An election that is made by a responsible person who is convicted of an offence under the Act in respect of these Regulations is revoked on the January 1 that follows the period of 36 months after their conviction. After revocation (2) As of the revocation, (a) the limit referred to in section 60 ceases to apply to the responsible person in respect of each subgroup that they established under section 65 ; (b) section 58 applies to the responsible person in respect of the engines that belong to their group; and (c) the responsible person is no longer permitted to make an election under subsection 61 (1). SOR/2016-151, s. 139
Multi-Sector Air Pollutants Regulations — 64
Replacement units 64 (1) For the purpose of section 60 , the responsible person may replace in their group any pre-existing engine that ceases to belong to it by an eligible replacement unit if (a) the pre-existing engine has operated while it belonged to the group for at least 1,314 hours during the 36 months before the date on which it ceased to belong to the group; (b) the total rated brake power of that replacement unit and the other replacement units that belong to the group is at most the total rated brake power of (i) that pre-existing engine, and (ii) the other pre-existing engines that have been registered by the responsible person in the engine registry under subsection 97 (3) and have ceased to belong to the group; (c) the replacement unit is owned or operated by the responsible person; and (d) the replacement unit is located in an oil and gas facility, other than an asphalt refinery. Eligible replacement units (2) The following are eligible replacement units: (a) a modern engine; (b) an electric motor; and (c) a combustion turbine that is equipped with an emission control system that ensures that its NO x emission intensity is at most, as applicable, (i) 75 ppmvd 15% or 1.8 g/kWh, if it is used for mechanical drive and has a rated brake power of less than 4 MW, (ii) 42 ppmvd 15% or 1.0 g/kWh, if it is used for electricity generation and has a rated brake power of less than 4 MW, (iii) 25 ppmvd 15% or 0.5 g/kWh, if it has a rated brake power of at least 4 MW and at most 70 MW, and (iv) 15 ppmvd 15% or 0.3 g/kWh, if it has a rated brake power of more than 70 MW. Ceasing to belong (3) A replacement unit that no longer meets a condition that is set out in paragraph (1)(c) or (d) ceases to belong to the responsible person’s group. Effective date of replacement (4) The replacement of the pre-existing engine by the replacement unit takes effect on the day on which the responsible person provides the Minister with the following information for inclusion in the engine registry: (a) the date on which the pre-existing engine ceased to belong to their group; and (b) the information set out in sections 1 to 3 of Schedule 9 in respect of the pre-existing engine and the replacement unit. Reintroduction of replaced engines (5) A pre-existing engine that has been replaced may be reintroduced into the responsible person’s group if replacement units — having a total rated brake power that is at least the rated brake power of the engine — are removed from the group.
Multi-Sector Air Pollutants Regulations — 65
Designation of subgroups 65 (1) A responsible person who is subject to a limit set out in section 60 must establish one or more subgroups by, for each subgroup, (a) assigning an identifier to it; (b) designating — from among the pre-existing engines and replacement units that belong to their group — those that are to belong to that subgroup; and (c) selecting the units, ppmvd 15% or g/kWh, that are to be used to express the NO x emission value of the pre-existing engines and replacement units that belong to that subgroup. Engines in subgroups (2) Each pre-existing engine and replacement unit that belongs to their group must be included in exactly one subgroup. Designation date (3) An engine or replacement unit is designated as belonging to the subgroup as of (a) the date on which the responsible person became an owner of the engine if, within 90 days after that date, they make a record that contains the following information: (i) that date, (ii) the identifier of the subgroup, (iii) the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier , and (iv) the date on which the record was made; and (b) in any other case, the date on which the responsible person makes a record that contains the following information: (i) the identifier of the subgroup, (ii) the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of the engine or replacement unit, and (iii) the date on which the record was made. Engine registry (4) For each of those designations, the responsible person must, by July 1 of the year after the year that includes the date of the designation, provide the Minister with the information that is contained in the record described in paragraph (3)(a) or (b) for inclusion in the engine registry.
Multi-Sector Air Pollutants Regulations — 66
Assignment of default NO x emission value 66 (1) Subject to section 67 , the applicable default NO x emission value that is set out in subsection (2) is assigned to a pre-existing engine or replacement unit that belongs to a subgroup of a responsible person who is subject to a limit set out in section 60 . Default NO x emission values (2) The default NO x emission value — expressed in the same units, ppmvd 15% or g/kWh, that are selected under paragraph 65 (1)(c) for the subgroup to which the pre-existing engine or replacement unit belongs — is (a) for a pre-existing four-stroke lean-burn engine, (i) 210 ppmvd 15% or 4 g/kWh, if (A) the oxygen content in its exhaust gas, before any dilution, is at least 7%, determined by volume on a dry basis while the engine is operating but not during start-up, shutdown or a period of malfunction, (B) the responsible person has a record of the information referred to in paragraph 100 (i) and section 6 of Schedule 10 in respect of the most recent performance test conducted on the engine and the emission intensity of the engine, as determined by that most recent performance test, is at most 210 ppmvd 15% or 4 g/kWh, and (C) the responsible person has (I) registered the engine under subsection 97 (3), and (II) indicated in the engine registry that this default NO x emission value applies to the engine, and (ii) 710 ppmvd 15% or 13.5 g/kWh, in any other case; (b) for a pre-existing two-stroke lean-burn engine, 841 ppmvd 15% or 16 g/kWh; (c) for a pre-existing rich-burn engine, 1,262 ppmvd 15% or 24 g/kWh; (d) for a replacement unit that is a modern engine, 160 ppmvd 15% or 2.7 g/kWh; (e) for a replacement unit that is an electric motor, 0 ppmvd 15% or 0 g/kWh; and (f) for a replacement unit that is a combustion turbine, (i) 75 ppmvd 15% or 1.8 g/kWh, if it is used for mechanical drive and has a rated brake power of less than 4 MW, (ii) 42 ppmvd 15% or 1.0 g/kWh, if it is used for electricity generation and has a rated brake power of less than 4 MW, (iii) 25 ppmvd 15% or 0.5 g/kWh, if it has a rated brake power of at least 4 MW and at most 70 MW, and (iv) 15 ppmvd 15% or 0.3 g/kWh, if it has a rated brake power of more than 70 MW. Assignment 90 days earlier (3) Despite subsection (1) and subparagraph (2)(a)(i), the default NO x emission value referred to in that subparagraph is, under subsection (1), assigned to a pre-existing four-stroke lean-burn engine on the date on which the responsible person for the engine became its owner, if the conditions described in clauses (2)(a)(i)(A) to (C) are met in respect of the engine and that responsible person at most 90 days after that date.
Multi-Sector Air Pollutants Regulations — 67
Assignment of non-default NO x emission value 67 (1) A NO x emission value that is different from the default NO x emission value set out in subsection 66 (2) may be assigned to a pre-existing engine, or a replacement unit that is a modern engine, if (a) its NO x emission intensity — determined by means of the most recent performance test conducted on the engine and expressed in the same units, ppmvd 15% or g/kWh, that are selected under paragraph 65 (1)(c) for the subgroup to which the engine belongs — does not exceed that different NO x emission value; and (b) the responsible person referred to in subsection 66 (1) has registered the engine under subsection 97 (3) and provides the Minister with that different NO x emission value for inclusion in the engine registry. Taking effect of assignment (2) The assignment takes effect as of (a) the date on which the responsible person became an owner of the engine if, within 90 days after that date, they provide the Minister with the assigned NO x emission value of the engine for inclusion in the engine registry; and (b) the date on which the responsible person provides the Minister with the assigned NO x emission value for inclusion in the engine registry, in any other case.
Multi-Sector Air Pollutants Regulations — 68
NO x emission intensity limit — non-default NO x emission values 68 A responsible person who assigns a NO x emission value to an engine that is different from its default NO x emission value must, as of that assignment, ensure that its NO x emission intensity — expressed in the same units, ppmvd 15% or g/kWh, that are selected under paragraph 65 (1)(c) for the subgroup to which the engine belongs — does not exceed a limit that is that different NO x emission value.
Multi-Sector Air Pollutants Regulations — 69
NO x emission intensity limits 69 For the purpose of sections 54, 55, 57, 58 and 68, the NO x emission intensity of an engine must be determined by means of a performance test. SOR/2016-151, s. 140
Multi-Sector Air Pollutants Regulations — 70
Three test runs 70 (1) A performance test consists of three consecutive test runs conducted within the same day, each of which lasts at least 20 minutes and results in a determination of the engine’s NO x emission intensity. Operating conditions for test-runs (2) Each test run must be conducted while the engine is (a) operating at the lower of (i) 90% or more of its rated brake power, and (ii) its highest achievable brake power for the operating conditions during the test run; and (b) not operating during start-up, shutdown or a period of malfunction.
Multi-Sector Air Pollutants Regulations — 71
Sampling ports 71 (1) The location of the sampling port, and its traverse points, in the exhaust pipe for each test run must be determined in accordance with (a) EPA Method 1 or EPA Method 1A, as applicable; (b) ASTM D6522-11; or (c) EC Method A. Pre-existing engines without sampling port (2) If a pre-existing engine does not have a sampling port that meets the requirements of any of those methods, each test run must (a) be conducted at a single traverse point that is located at the centre of the exhaust pipe at a distance from the engine of at least twice the diameter of that pipe; and (b) have the NO x emission intensity of the engine expressed in ppmvd 15% . After-treatment control devices (3) If an after-treatment control device is used, either (a) the location of the sampling port described by subsection (1) must also be downstream of the device; or (b) for the purpose of paragraph (2)(a), the location of the single traverse point must be downstream of the device — rather than the engine — at a distance from the device of at least twice the diameter of the exhaust pipe.