GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations — 6
ting 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 satisfied in respect of each specified deferred unit, including the proposed new specified deferred unit, during the calendar year preceding the day on which the notification is sent. Allowance of changes (7) The Minister must, within 30 days after receiving the notification, allow the change if the Minister is satisfied that the demonstration referred to in subsection (6) has been made. Cessation of effect (8) Despite subsection (1), the deferral ceases to have effect and subsection 3 (1) applies in respect of the specified deferred units as of the earliest of (a) the calendar year that follows the calendar year in which the application is made, if a shut-down unit referred to in subsection (1) has not ceased to produce electricity by January 1 of that following calendar year, (b) any calendar year in which a shut-down unit referred to in subsection (1) recommences to produce electricity, (c) the calendar year that follows the day on which the Minister receives a notice from the responsible person for the shut-down unit and the deferred units indicating that they wish the deferral to no longer have an effect, (d) the calendar year that follows the day on which the condition of paragraph (2)(a) is no longer satisfied, and (e) the calendar year that follows a specified calendar year referred to in paragraph (3)(c) in which the specified deferred unit referred to in that paragraph had a production capacity greater than the production capacity of the shut-down unit during the calendar year preceding the day on which it ceased production.
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Conditions for application 7 (1) A responsible person for a unit may, under emergency circumstances described in subsection (2), apply to the Minister for an exemption from the application of subsection 3 (1) in respect of the unit if the following conditions are satisfied: (a) as a result of the emergency circumstances, there is a disruption, or a significant risk of disruption, to the electricity supply in the province where the unit is located; and (b) the operation of the unit will end, decrease the risk of, or mitigate the consequences of, the disruption. Criteria of emergency circumstances (2) An emergency circumstance is a circumstance (a) that arises due to an extraordinary, unforeseen and irresistible event; or (b) under which one or more of the measures referred to in paragraph 1(a) of the Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act has been made or issued in the province where the unit is located. Application (3) The responsible person must, within 15 days after the emergency circumstance arises, provide the Minister with their application. The application must include the unit’s registration number, the date on which the emergency circumstance arose and information, with supporting documentation, to demonstrate that the conditions of paragraphs (1)(a) and (b) are satisfied. Granting of exemption (4) The Minister must, within 30 days after receiving the application, grant the exemption if the Minister is satisfied that the conditions of paragraphs (1)(a) and (b) are satisfied. Period of exemption (5) The exemption has effect as of the day on which the emergency circumstance arose and ceases to have effect on the earliest of (a) the day that is 90 days after that day, (b) the day specified by the Minister, and (c) the earlier of (i) the day on which the event referred to in paragraph (2)(a) ceases to cause a disruption, or a significant risk of disruption, to the electricity supply in the province where the unit is located, and (ii) the day on which the measure, if any, referred to in paragraph (2)(b) ceases to be in effect.
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Extension 8 (1) If paragraphs 7 (1)(a) and (b) will continue to apply on and after the day on which an exemption granted under subsection 7 (4) is to cease to have effect, the responsible person may, before that day, apply to the Minister for an extension of the exemption. Application (2) The application must include the unit’s registration number and information, with supporting documentation, to demonstrate that (a) paragraphs 7 (1)(a) and (b) will continue to apply after the day on which the exemption is to cease to have effect; and (b) steps — other than the operation of the unit during the period of the exemption — have been, and are being, taken to end, decrease the risk of, or mitigate the consequences of, the disruption. Granting of extension (3) The Minister must, within 15 days after receiving the application, grant the extension if the Minister is satisfied that paragraphs (2)(a) and (b) have been demonstrated. Duration (4) The extension ceases to have effect on the earliest of (a) the day that is 90 days after the day on which the application for the extension was made, (b) the day specified by the Minister, and (c) the day referred to in paragraph 7 (5)(c).
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 has been satisfied by work done before the application was made, and (iv) the responsible person will satisfy the requirements set out in section 10 and, as a result, will be in compliance with subsection 3 (1) by January 1, 2025 when the unit is operating with an integrated carbon capture and storage system. Duration (4) A temporary exemption, unless revoked under section 13 , remains in effect until December 31, 2024. SOR/2018-263, s. 5
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Requirements 10 A responsible person who has been granted a temporary exemption in respect of a unit under subsection 9 (3) must satisfy the following requirements: (a) carry out a front end engineering design study by January 1, 2020; (b) purchase any major equipment that is necessary for the capture element by January 1, 2021; (c) enter into any contract required for the transportation and storage of CO 2 emissions from the unit by January 1, 2022; (d) take all necessary steps to obtain all permits or approvals required in relation to the construction of the capture element by January 1, 2022; and (e) ensure that the unit, when operating with an integrated carbon capture and storage system, captures CO 2 emissions from the combustion of fossil fuels in the unit in accordance with the laws of Canada or a province that regulate that capture and transports and stores those emissions in accordance with the laws of Canada or a province, or of the United States or one of its states, that regulate that transportation or storage, as the case may be, by January 1, 2024. SOR/2018-263, s. 6(E)
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Implementation report 11 (1) A responsible person who has been granted a temporary exemption in respect of a unit must, for each calendar year following the granting of the temporary exemption, provide the Minister with an implementation report that indicates the unit’s registration number and includes supporting documents that contain the following information: (a) the steps taken during that year to construct the capture, transportation and storage elements of the carbon capture and storage system and to integrate those elements with the unit; (b) any requirement set out in section 10 that was satisfied during that year, along with the information and documents referred to in Schedule 3; (c) a description of the manner in which those steps were carried out or those requirements were satisfied; (d) any changes, with respect to the information most recently provided to the Minister, to the proposed engineering design for the capture element, to the preferred transportation methods or routes or to the preferred storage sites, for the carbon capture and storage system; and (e) a description of any steps necessary, with a schedule for those steps, to achieve the following objectives: (i) the satisfaction of any requirements set out in section 10 that remain to be satisfied, and (ii) the compliance of the responsible person with subsection 3 (1) by January 1, 2025 when the unit is operating with an integrated carbon capture and storage system that captures CO 2 emissions from the combustion of fossil fuels in the unit in accordance with laws of Canada or a province that regulate that capture and transports and stores those emissions in accordance with laws of Canada or a province, or of the United States or one of its states, that regulate, as the case may be, that transportation or storage. Due date (2) The implementation report must be provided by March 31 of the calendar year that follows the calendar year in question.
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Updated information 12 If any event occurs or any circumstance arises that may prejudice the ability of the responsible person to achieve an objective referred to in paragraph 11 (1)(e), the responsible person must send to the Minister, without delay, a notice that indicates the unit’s registration number and contains the following information: (a) a description of the event or circumstance and the nature of the prejudice; (b) an explanation of how the prejudice is to be overcome in order to ensure that the objective will be achieved; and (c) in relation to that explanation, an update to any information previously provided to the Minister under paragraphs 11 (1)(c) to (e), together with any necessary supporting documents.
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Revocation — non-satisfaction or misleading information 13 (1) The Minister must revoke a temporary exemption granted under subsection 9 (3) if (a) the responsible person does not satisfy a requirement set out in section 10 ; or (b) any information indicated or contained in the application for the temporary exemption, in an implementation report referred to in section 11 or in a notice referred to in section 12 is false or misleading. Revocation — implementation report or reasonable grounds (2) The Minister may revoke the temporary exemption if (a) the responsible person has not provided an implementation report in accordance with section 11 ; (b) there are reasonable grounds for the Minister to believe that the carbon capture and storage system will not operate so as to capture, transport and store CO 2 emissions as described in paragraph 10 (e) by the date referred to in that paragraph; or (c) there are reasonable grounds for the Minister to believe that the responsible person will not emit CO 2 from the combustion of fossil fuels in the unit in accordance with subsection 3 (1) by January 1, 2025. Reasons and representations (3) The Minister must not revoke the temporary exemption under subsection (1) or (2) unless the Minister has provided the responsible person with (a) written reasons for the proposed revocation; and (b) an opportunity to be heard, by written representation, in respect of the proposed revocation.
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Annual report 15 For each calendar year, a responsible person for each of the following units must, on or before June 1 that follows that calendar year, send an annual report to the Minister that contains the information set out in Schedule 4: (a) a new unit; (b) an old unit; (c) a substituted unit referred to in subsection 5 (5); (d) an existing unit referred to in subsection 14 (1), if that calendar year is a calendar year included in the remaining portion of the seven consecutive calendar years referred to in subsection 14 (5).
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Electronic report, notice and application 16 (1) A report or notice that is required, or an application that is made, under these Regulations must be sent electronically in the form and format specified by the Minister and must bear the electronic signature of an authorized official of the responsible person. Paper report or notice (2) If the Minister has not specified an electronic form and format or if it is impractical to send the report, notice or application electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the report, notice or application must be sent on paper, signed by an authorized official of the responsible person, and in the form and format specified by the Minister. However, if no form and format have been so specified, it may be in any form and format.
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Record-making 17 (1) A responsible person for a unit must make a record (a) of any notice referred to in subsection 4 (3), 5 (6) or 6 (6) or section 12 that was sent to the Minister and the information that was contained in it, as well as any supporting documents; (b) of any application referred to in subsection 5 (3), 6 (3), 7 (3), 8 (2), 9 (2) or 14 (3) and the information referred to in the subsection, as well as any supporting documents; (c) of every direct measure of the flow of, and the concentration of CO 2 in, emissions referred to in paragraph 14 (1)(e), subsection 20 (2) and the descriptions of E non-ccs in subsection 21 (1) and of E ccs in section 22 ; (d) of every measurement and calculation used to determine a value of an element of a formula set out in any of sections 19 and 21 to 24 ; (e) that demonstrates that any meter referred to in section 19 complies with the requirements of the Electricity and Gas Inspection Act and the Electricity and Gas Inspection Regulations , including a certificate referred to in section 14 of that Act; (f) for each calendar year during which a responsible person used a continuous emission monitoring system referred to in paragraph 20 (1)(a), of any document, record or information referred to in section 8 of the Reference Method; (g) that demonstrates that the installation, maintenance and calibration of measuring devices referred to in subsection 25 (1) was in accordance with that subsection and subsection 25 (3) and of every calibration referred to in subsection 25 (2); and (h) of the results of the analysis of every sample collected in accordance with section 27 . When records made (2) Records referred to in paragraphs (1)(c) to (h) must be made as soon as feasible but not later than 30 days after the information to be recorded becomes available.
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Retention of records and reports 18 (1) A responsible person who is required under these Regulations to make a record or send a report or notice must keep the record or a copy of the report or notice, as well as any supporting documents that relate to the information contained in that record or copy, for at least seven years after they make the record or send the report or notice. The record or copy must be kept at the person’s principal place of business in Canada or at any other place in Canada where it can be inspected. If the record or copy is kept at any of those other places, the person must provide the Minister with the civic address of that other place. Change of address (2) If the civic address referred to in subsection (1) changes, the responsible person must notify the minister in writing within 30 days after the change.
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Electricity 19 (1) The quantity of electricity referred to in paragraph 3 (2)(a) is to be determined in accordance with the following formula: G gross – G aux where G gross is the gross quantity of electricity that is produced by the unit during the calendar year, expressed in GWh and measured at the electrical terminals of the generators of the unit using meters that comply with the requirements of the Electricity and Gas Inspection Act and the Electricity and Gas Inspection Regulations ; and G aux is the quantity of electricity that is produced by the unit and used by the power plant in which the unit is located during the calendar year to operate infrastructure and equipment that is attributed to the unit for electricity generation and for separation, but not for pressurization, of CO 2 , expressed in GWh, determined in accordance with an appropriate method of attribution, based on data collected using meters that comply with the requirements of the Electricity and Gas Inspection Act and the Electricity and Gas Inspection Regulations . Same method of attribution in subsequent years (2) Once a method of attribution is used to make the determination referred to in the description of G aux for a calendar year, that method of attribution must be used to make that determination for every subsequent calendar year, unless (a) during a subsequent calendar year, a unit located at the power plant ceases to produce electricity or a new unit is added to those located at the power plant; or (b) during a subsequent calendar year, the operation of any unit located at the power plant is integrated with a carbon capture and storage system. Change of method of attribution (3) If paragraph (2)(a) or (b) applies in a subsequent calendar year, the responsible person must, when making the determination referred to in the description of G aux in subsection (1) for that subsequent calendar year, use a method of attribution that is appropriate to the circumstances described in that paragraph. Subsection (2) applies in respect of that appropriate method of attribution and that subsequent calendar year as if they were, respectively, the method of attribution and the calendar year referred to in that subsection. SOR/2018-263, s. 8
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CEMS or fuel-based methods 20 (1) For the purposes of sections 3 and 15 , the quantity of CO 2 emissions from the combustion of fossil fuels in a unit for a calendar year is to be determined (a) by using a continuous emission monitoring system (CEMS) in accordance with section 21 ; or (b) by using a fuel-based method, based on the quantity of carbon in the fossil fuel fed for combustion, in accordance with section 22 and section 23 or 24 . Emissions from coal gasification systems (2) If a coal gasification system referred to in subsection 3 (4) is used to produce fuel for a unit, the quantity of emissions from the unit referred to in subsection (1) must be determined in accordance with paragraph (1)(a). To the extent that the emissions from the coal gasification system are not captured, transported and stored as described in subsection 3 (5), that quantity must be determined for the purpose of subsection 3 (1) by using a direct measure of the flow of, and the concentration of CO 2 in, those emissions.
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Determination 22 If paragraph 20 (1)(b) applies, the quantity of CO 2 emissions referred to in subsection 20 (1) is to be determined by the following formula: The formula for determining the quantity of CO2 emissions from the combustion of fossil fuels in a unit for a calendar year using a fuel-based method is Es minus Eccs plus the sum of Ei for each fossil fuel “i” combusted in the unit during the calendar year. where E i is the quantity of CO 2 emissions attributable to the combustion of fossil fuel of type “i” in the unit during the calendar year, expressed in tonnes, determined for that fuel type in accordance with section 23 or 24 ; i is the i th type of fossil fuel combusted in the unit during the calendar year, with “i” going from the number 1 to n, where n is the number of types of fossil fuel so combusted; E s is E s determined in accordance with the formula set out in subparagraph 21 (2)(d)(ii); and E ccs is the quantity of CO 2 in those emissions, expressed in tonnes, from the combustion of fuel in the unit, during the calendar year, that are captured in accordance with the laws of Canada or a province that regulate that capture and that are transported and stored in accordance with the laws of Canada or a province, or of the United States or one of its states, that regulate that transportation or storage, as the case may be, that quantity being determined using a direct measure of the flow of, and the concentration of CO 2 in, those emissions. SOR/2018-263, s. 9(E)
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) ASTM D2503 - 92(2007), entitled Standard Test Method for Relative Molecular Mass (Molecular Weight) of Hydrocarbons by Thermoelectric Measurement of Vapor Pressure , and (B) ASTM D2502 - 04(2009), entitled Standard Test Method for Estimation of Molecular Weight (Relative Molecular Mass) of Petroleum Oils From Viscosity Measurements , (ii) ASTM D5291 - 10, entitled Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products and Lubricants , and (iii) if no such ASTM standard applies, an applicable internationally recognized method, and (c) for a gaseous fuel, (i) in accordance with either of the following ASTM standards that applies for the measurement of the carbon content of the fuel: (A) ASTM D1945 - 03(2010), entitled Standard Test Method for Analysis of Natural Gas by Gas Chromatography , and (B) ASTM D1946 - 90(2011), entitled Standard Practice for Analysis of Reformed Gas by Gas Chromatography , or (ii) by means of a direct measuring device that determines the carbon content of the fuel; i is the i th sampling period referred to in section 27 , with “i” going from the number 1 to n, where n is the number of those sampling periods; and Q i is the mass or volume, as the case may be, of the fuel combusted during the i th sampling period, expressed (a) for a solid fuel, in tonnes, on the same wet or dry basis as the one used in the determination of CC A , (b) for a liquid fuel, in kL, and (c) for a gaseous fuel, in standard m 3 . SOR/2018-263, s. 10(F)
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Measuring devices — installation, maintenance and calibration 25 (1) A responsible person for a unit must install, maintain and calibrate any measuring device — other than a CEMS referred to in paragraph 20 (1)(a) and any measuring device that is subject to the Electricity and Gas Inspection Act — that is used for the purpose of section 3 or 15 in accordance with the manufacturer’s instructions or any applicable generally recognized national or international industry standard. Frequency of calibration (2) The responsible person must calibrate each of those measuring devices at the greater of the following two frequencies: (a) at least once in every calendar year but at least five months after a previous calibration, and (b) the minimum frequency recommended by the manufacturer. Accuracy of measurements (3) Each of those measuring devices must enable measurements to be made with a margin of error of ± 5%.