GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Clean Fuel Regulations — 42
Extension of period — five years 42 (1) Subject to subsection (3), during the year that precedes the end of the period referred to in paragraph 31 (2)(b) or 32 (2)(d) or determined under subsection 37 (5) or 40 (5), as the case may be, a registered creator may apply to the Minister to extend that period for a single period of five years. Application — contents (2) The application for extension must be signed by the authorized agent of the registered creator and, if there are any changes in the information provided in the original application for recognition of the CO 2 e-emission-reduction project, the application for extension must provide the updated information. No extension (3) In the case of a CO 2 e-emission-reduction project that was recognized under subsection 35 (1) or 39 (1) as a project that may create compliance credits when carried out using a generic emission-reduction quantification method, no application for extension may be made if, during the year that precedes the end of the period established under paragraph 31 (2)(b), the Minister establishes a specific emission-reduction quantification method under subsection 32 (1) that is applicable to the project. Extension after change of method (4) If, during the five-year extension period granted by the Minister in respect of a CO 2 e-emission-reduction project that was recognized under subsection 35 (1) or 39 (1) as a project that may create compliance credits when carried out using a generic emission-reduction quantification method, the Minister recognizes the project under subsection 37 (3) or 40 (3) as a project that may create compliance credits when carried out using a specific emission-reduction quantification method, the period during which the project may create provisional compliance credits begins on the later of the day on which the project is recognized under subsection 37 (3) or 40 (3) and the preferred day referred to in paragraph 37 (2)(d) or 40 (2)(d), as the case may be, and is determined by the formula P − D where P is the five-year extension period granted by the Minister, expressed as a number of days; and D is the number of days — during the period P — on which the carrying out of the project has created provisional compliance credits using the generic emission-reduction quantification method.
Clean Fuel Regulations — 43
Federal or provincial laws 43 If an activity that is carried out as part of a CO 2 e-emission-reduction project ceases to be additional to what is required by the laws of Canada or of a province — other than any laws relating to greenhouse gas emission pricing mechanisms, the reduction of the carbon intensity of fuel or the use of low-carbon-intensity fuel — the number of provisional compliance credits that are created under subsections 35 (3), 36 (3) and 37 (6) and section 41 by the carrying out of the project is reduced in proportion to the reduction of CO 2 e emissions that results from that activity.
Clean Fuel Regulations — 44
Failure to comply with record requirements 44 If a registered creator fails to comply with any of the requirements set out in sections 166 and 168 in relation to a CO 2 e-emission-reduction project, any compliance credits that are created by carrying out the project during the period of non-conformity with those requirements are not valid and are considered to be excess compliance credits that may be suspended by the Minister under section 158 or cancelled by the Minister under section 160 .
Clean Fuel Regulations — 45
Maximum quantity 45 (1) The maximum quantity of a low-carbon-intensity fuel that is produced at a facility by a producer in Canada or foreign supplier during each period referred to in subsection (3) for which compliance credits may be created by the carrying out of a CO 2 e-emission-reduction project described in paragraph 30 (d) or be created under any of sections 94 to 96 , 99 , 100 and 104 is determined by the formula Q fuel x Q eligible ÷ (Q eligible + Q ineligible ) where Q fuel is the quantity of the low-carbon-intensity fuel that is produced at the facility during the period, expressed in kilograms or cubic metres, as applicable; Q eligible is the quantity of eligible feedstock that meets the requirements set out in section 47 that was used at the facility by the producer in Canada or foreign supplier to produce the low-carbon-intensity fuel during the period, expressed in kilograms or cubic metres, as applicable; and Q ineligible is the quantity of feedstock, other than eligible feedstock, that was used at the facility by the producer in Canada or foreign supplier to produce the low-carbon-intensity fuel during the period, expressed in kilograms or cubic metres, as applicable. Carbon intensity (2) For the purposes of subsection (1), a low-carbon-intensity fuel is a fuel that (a) has a carbon intensity to which an alphanumeric identifier has been assigned under subsection 85 (2); or (b) has the default carbon intensity referred to in paragraph 75 (1)(a) or determined in accordance with the emission-reduction quantification method that is applicable to a project described in paragraph 30 (d). Periods (3) The periods for producing low-carbon-intensity fuels are, for any compliance period that ends after January 1, 2024, (a) the period beginning on the January 1 and ending on the March 31 of the compliance period; (b) the period beginning on the April 1 and ending on the June 30 of the compliance period; (c) the period beginning on the July 1 and ending on the September 30 of the compliance period; and (d) the period beginning on the October 1 and ending on the December 31 of the compliance period. Exclusive use (4) A person who uses a quantity of low-carbon-intensity fuel produced from an eligible feedstock to create credits in a jurisdiction outside Canada or to comply with a requirement relating to greenhouse gas emissions that is set by a jurisdiction outside Canada must not use that quantity of low-carbon-intensity fuel to create compliance credits by the carrying out of a CO 2 e-emission-reduction project referred to in paragraph 30 (d) or under any of sections 94 to 96 , 99 , 100 and 104 .
Clean Fuel Regulations — 46
Eligibility requirements 46 (1) Subject to subsection (2) and sections 48 to 55 , 57 and 58 , the following feedstock is eligible: (a) feedstock that is not derived from biomass; (b) feedstock that is derived from (i) forest biomass derived from fire prevention and protection activities or from clearing activities that are not related to harvesting, such as infrastructure installation, pest and disease control and road maintenance, (ii) crop residues or damaged crops, (iii) secondary forest residues that are by-products of industrial wood-processing operations, (iv) used or inedible organics from a residential area, retail store, restaurant, caterer or food processing plant, (v) used fat or used vegetable oil, (vi) used animal litter, (vii) animal materials, including manure, (viii) industrial effluents, (ix) municipal wastewater, or (x) used construction or demolition materials; and (c) feedstock that is derived from agricultural or forest biomass but is not derived from a material or source referred to in paragraph (b). Intentionally used feedstock (2) A feedstock that is derived from agricultural or forest biomass and that is intentionally altered in order to meet any of the conditions set out in paragraph (1)(b) is considered not to be an eligible feedstock for the purposes of that paragraph.
Clean Fuel Regulations — 47
Quantity of eligible feedstock 47 (1) The quantity of an eligible feedstock of a particular type that, after December 31, 2023, is removed from the site where it was harvested, mixed, processed, divided or obtained must not be greater than the quantity determined by the formula Q inventory + Q incoming where Q inventory is the quantity of eligible feedstock of that type that was at the site after the previous time that a quantity of eligible feedstock of that type was removed from the site, expressed in kilograms or cubic metres, as applicable; and Q incoming is the quantity of eligible feedstock of that type that was harvested at or brought to the site since the previous time that a quantity of eligible feedstock of that type was removed from the site, expressed in kilograms or cubic metres, as applicable. Production of fuel (2) For each period referred to in subsection 45 (3), the total of the quantity of eligible feedstock of a particular type that is used to produce a low-carbon-intensity fuel at a facility and the quantity of eligible feedstock of that type that is at the facility at the end of the period must not be greater than the quantity determined by the formula Q inventory + Q incoming where Q inventory is the quantity of eligible feedstock of that type that was at the facility at the beginning of the period, expressed in kilograms or cubic metres, as applicable; and Q incoming is the quantity of eligible feedstock of that type that was brought to the facility during the period, expressed in kilograms or cubic metres, as applicable.
Clean Fuel Regulations — 48
Wildlife habitat 48 (1) It is not permitted to harvest feedstock referred to in paragraph 46 (1)(c) from land located in an area that provides a habitat for any rare, vulnerable or threatened species. Exception (2) However, the Minister may, on application from a person who harvests a feedstock referred to in paragraph 46 (1)(c) or who produces fuel from that feedstock, authorize the use of a feedstock obtained from rehabilitation or habitat-improvement activities carried out on land located in an area that provides a habitat referred to in subsection (1) if the Minister is satisfied that those activities do not adversely affect that habitat. Application (3) The application must (a) describe the activities that the person who harvests the feedstock has carried out or intends to carry out in the area; and (b) demonstrate that the activities will not adversely affect the habitat.
Clean Fuel Regulations — 49
Damaging agents 49 A feedstock referred to in paragraph 46 (1)(c) must be harvested and transported in accordance with measures that monitor, prevent and control the introduction, spread and establishment of damaging agents, such as pests, invasive species and disease.
Clean Fuel Regulations — 50
Crops — indirect changes to land use 50 (1) A feedstock referred to in any of subparagraphs 46 (1)(b)(ii) to (vi) or paragraph 46 (1)(c) that is a crop, crop by-product or crop residue must be produced in a manner that does not create a high risk of an indirect change to land use that adversely affects the environment. European Commission Delegated Regulation (2) For the purposes of subsection (1), there is a high risk that the production of a feedstock will cause an indirect change to land use that adversely affects the environment if the value specified for that feedstock in the Annex to the Commission Delegated Regulation (EU) 2019/807 of 13 March 2019 is greater than (a) 1% in the column entitled “Average annual expansion of production area since 2008 (%)”; and (b) 10% in the column entitled “Share of expansion into land referred to in Article 29(4)(b) and (c) of Directive (EU) 2018/2001”.
Clean Fuel Regulations — 51
Crops — excluded land 51 (1) It is not permitted to harvest feedstock referred to in paragraph 46 (1)(c) that is a crop from land that (a) has an area greater than 1 ha and was, at any time on or after July 1, 2020, (i) a forest that contains trees that are or are capable of reaching a height of 5 m and provide or are capable of providing a canopy cover of more than 10%, (ii) a wetland that is periodically saturated with water for a period that is long enough to promote biological activity that is adapted to a wet environment, or (iii) a grassland that is dominated by herbaceous or shrub vegetation that has not been cultivated for 10 years or more; or (b) was never cultivated before July 1, 2020 and was, at any time on or after that day, in a riparian zone. Definition of riparian zone (2) In subsection (1), riparian zone means land that is located within 30 m, measured on a slope distance following the topography of the land, of (a) the high-water mark of a watercourse that is more than 3 m wide; or (b) the shores of a lake or permanent wetland that has an area greater than 5 ha.
Clean Fuel Regulations — 52
Forest-based feedstock 52 The harvesting of any feedstock referred to in paragraph 46 (1)(c) that is derived from forest biomass must be carried out in accordance with a forest management plan that meets the following requirements: (a) it must be possible for a verification body to evaluate it; (b) it must be implemented, monitored and kept up to date, based on monitoring results, to promote adaptive management, by the person who is responsible for harvesting the feedstock; and (c) it must specify the practices to be followed to ensure that (i) the management of the land where the feedstock is harvested is carried out in a manner that promotes timely forest regeneration of that land to its pre-harvesting condition using species of trees that are ecologically suited to the site and drawn, if possible, from native species or local genotypes, (ii) adverse effects are prevented on naturally regenerated stands containing multi-layered canopies with trees near their maximum longevity as well as standing and fallen dead trees and forest debris at varying stages of decomposition, (iii) forest management and related activities in the areas where the feedstock is harvested are carried out in a manner that prevents or mitigates adverse effects on the quantity and quality of the soil, on the quantity and quality of surface and ground water resources and on biodiversity, and (iv) forest management and related activities in the areas where the feedstock is harvested are carried out in a manner that maintains the connectivity of watercourses.
Clean Fuel Regulations — 53
Exemption — approval by EPA 53 (1) The Minister may exempt a feedstock that is a crop from the application of section 51 if (a) the country from which the feedstock originates is the United States or is a country that is covered by the aggregate compliance approach referred to in section 80.1457 of Subchapter C of Chapter I of Title 40 of the United States Code of Federal Regulations ; and (b) the Minister is satisfied that section 80.1457 of Subchapter C of Chapter I of Title 40 of the United States Code of Federal Regulations provides a sufficient level of environmental protection with respect to the land on which the feedstock is harvested. Effective date of exemption (2) The exemption takes effect, in the case of the United States, on the day on which this section comes into force or, in the case of any other country, on the later of (a) the day on which the EPA decides that the country is covered by the aggregate compliance approach, and (b) the day on which this section comes into force. Period of validity (3) The exemption ceases to be valid on the earlier of (a) in the case of the United States, the day on which the EPA publishes a finding that the 2007 baseline amount of agricultural land in the United States has been exceeded or, in the case of any other country, the day on which the EPA withdraws its approval for that country to be covered by the aggregate compliance approach, and (b) the day on which the Minister determines that, following the granting of the exemption, amendments have been made to section 80.1457 of Subchapter C of Chapter I of Title 40 of the United States Code of Federal Regulations and, taking into account those amendments, the Minister is no longer satisfied that there is a sufficient level of environmental protection with respect to the land on which the feedstock is harvested.
Clean Fuel Regulations — 55
id on the ier of (a) the day that is seven years after the day on which the exemption is granted by the Minister, and (b) the day on which the Minister determines that, following the granting of the exemption, amendments have been made to the laws applicable to the exempted feedstock and, taking into account such amendments, the Minister is no longer satisfied that the laws meet the conditions referred to in 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 title of the laws to which the feedstock is subject and the date on which the exemption takes effect.
Clean Fuel Regulations — 56
Low-carbon-intensity fuel 56 A person must not use a quantity of low-carbon-intensity fuel to create compliance credits by carrying out a CO 2 e-emission-reduction project described in paragraph 30 (d) or to create compliance credits under any of sections 94 to 96 , 99 , 100 and 104 , unless (a) the fuel is produced from a quantity of an eligible feedstock that is referred to in paragraph 46 (1)(a) and the conditions set out in subsection 57 (1) are met in respect of the feedstock; or (b) the fuel is produced from a quantity of an eligible feedstock that is referred to in paragraph 46 (1)(b) or (c), the conditions set out in subsection 57 (2) are met in respect of the feedstock and the registered creator who produced the fuel or the foreign supplier ensures that, for each period referred to in subsection 45 (3), the quantity of the eligible feedstock that is used at each of their facilities to produce the fuel is less than or equal to the quantity determined by the formula set out in subsection 47 (2).
Clean Fuel Regulations — 58
they have retained at the site referred to in paragraph (c), for each quantity of feedstock referred to in any of subparagraphs 46 (1)(b)(iv) to (vi), delivery records, contracts and invoices that describe the location where that feedstock was first used; (k) the unique identifier for the declaration that they use for their internal accounting purposes; (l) the date on which the declaration is made; and (m) the signature of the person or their authorized representative. Unique identifier (5) The unique identifier referred to in paragraphs (1)(m), (3)(k) and (4)(k) must be unique to each declaration and indicate the lot number of the feedstock to which it applies. It must be used in all records related to material balances at the site to which it applies.
Clean Fuel Regulations — 59
Producer records 59 (1) A person who produces a quantity of low-carbon-intensity fuel using a feedstock referred to in paragraph 46 (1)(b) or (c) must retain the following: (a) delivery records, contracts and invoices with respect to each quantity of the feedstock that is brought to any of their facilities; (b) the sales records for all low-carbon-intensity fuel, other than co-processed low-carbon-intensity fuel, that was produced using all or any portion of a quantity of the feedstock; (c) records for all co-processed low-carbon-intensity fuel that demonstrate that it was produced using all or any portion of a quantity of eligible feedstock; (d) a copy of the declaration made under paragraph 57 (2)(a) by each person who possessed all or any portion of a quantity of the feedstock immediately before them; (e) any information used to make the calculations referred to in subsections 45 (1) and 47 (2), the evidence that supports that information and the results of those calculations; and (f) a copy of the certificate referred to in subsection 70 (1), if any, that is issued with respect to the feedstock. Importer records (2) A person who imports into Canada a quantity of low-carbon-intensity fuel must retain the following: (a) delivery records, contracts and invoices with respect to the quantity of low-carbon-intensity fuel; (b) the sales records for that quantity of low-carbon-intensity fuel; and (c) if the low-carbon-intensity fuel is produced using an eligible feedstock referred to in paragraph 46 (1)(b) or (c), a copy of the declaration made under subsection 58 (3) by the foreign supplier of the fuel.
Clean Fuel Regulations — 60
Non-application 60 Sections 48 , 49 , 51 to 59 do not apply before January 1, 2024.
Clean Fuel Regulations — 61
Certification 61 An eligible feedstock referred to in paragraph 46 (1)(c) may be certified only by a certification body that is eligible under section 63 and that conducts the certification in accordance with sections 64 to 74 and under a certification scheme that is approved by the Minister under section 62 .
Clean Fuel Regulations — 62
ndicated by the certification scheme, and (ii) the establishment of procedures in respect of corrective actions that must be taken with respect to the circumstances of non-conformity referred to in section 73 ; (k) the certification scheme includes conditions on the ways in which a feedstock harvester may use certificates issued under it; and (l) the certification scheme owner monitors the use of certificates issued under the certification scheme. End of approval (2) A certification scheme ceases to be approved on the earlier of (a) sixty days after the day on which there is a change to the scope of the scheme, unless the scheme owner notifies the Minister of the change and the Minister determines that, despite the change, the scheme continues to meet the conditions for approval, (b) sixty days after the day on which there is a change to any procedure set out in the scheme on which the Minister’s approval was based, unless the scheme owner notifies the Minister of the change and the Minister determines that, despite the change, the scheme continues to meet the conditions for approval, (c) the first anniversary of the day on which the scheme was most recently approved by the Minister unless, before that anniversary, the scheme owner submits a report that contains the information referred to in Schedule 5 to the Minister concerning the operation of the certification scheme during the preceding year, (d) the first anniversary of the day on which the scheme owner most recently submitted a report that contains the information referred to in Schedule 5 to the Minister concerning the operation of the certification scheme within the preceding year, and (e) the fifth anniversary of the day on which the scheme was most recently approved by the Minister.
Clean Fuel Regulations — 63
Eligibility conditions for accreditation 63 (1) A person is eligible to be accredited as a certification body by the Standards Council of Canada, the American National Standards Institute (ANSI) National Accreditation Board or a designated accreditation body if the person (a) meets the applicable requirements set out in ISO/IEC Standard 17065 or, in the case of a certification body that assesses a forest management plan referred to in section 52 , meets the applicable requirements set out in ISO/IEC Standard 17021-1; and (b) demonstrates that they comply with the competency requirements of the certification scheme for which they are to be accredited. Designation of accreditation body (2) The Minister may designate an accreditation body as a designated accreditation body if it is a member of the International Accreditation Forum or an equivalent body and meets the requirements set out in ISO/IEC Standard 17011. Suspended or revoked accreditation (3) The certification of a feedstock must not be conducted by a certification body whose accreditation is suspended or revoked.
Clean Fuel Regulations — 64
No outsourcing 64 It is not permitted to outsource any of the activities that are carried out as part of the certification of a feedstock.
Clean Fuel Regulations — 65
Consecutive certifications 65 The certification of a feedstock must be conducted by a team that does not include any individual who has contributed to the certification of the feedstock for five consecutive compliance periods, unless three compliance periods have elapsed since the most recent of those consecutive compliance periods.