GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Clean Fuel Regulations — 66
Certification team — members 66 (1) A certification team must consist only of members who meet the requirements of clause 7 of ISO Standard 19011 and must include the following individuals: (a) a team leader who is competent with respect to the feedstock being certified; (b) if it is relevant to the feedstock being certified, at least one specialist in forestry or agriculture, as the case may be, who is recognized as a forestry engineer, professional forester, agricultural engineer or agrologist by (i) a Canadian professional association, in the case of forestry or agriculture that occurs in Canada, and (ii) a relevant national authority of the country in which the forestry or agriculture occurs, in any other case; and (c) if it is relevant to the feedstock being certified, at least one specialist in biodiversity who holds a bachelor’s degree in biology, natural sciences or environmental sciences granted by a Canadian university, or an equivalent degree granted by a university outside Canada. Person responsible for making decision (2) The person responsible for making a certification decision must have, at a minimum, the same competencies as those set out for an audit team leader in subclause 7.2.3.4 of ISO Standard 19011.
Clean Fuel Regulations — 67
Applicable standards for certification 67 (1) A certification body must conduct a certification in accordance with the Methods for Verification and Certification and with (a) ISO/IEC Standard 17065 or, in the case where the feedstock is harvested in accordance with a forest management plan referred to in section 52 , ISO/IEC Standard 17021-1; and (b) ISO Standard 19011. Interpretation of ISO/IEC Standard 17065 (2) For the purposes of ISO/IEC Standard 17065 (a) a reference to a “product requirement” in subclause 3.8 of that Standard is to be read as a reference to the requirements set out in sections 48 to 52 of these Regulations; and (b) a reference to a “location” in that Standard is to be read as a reference to a farm, forest or any other place where the feedstock is harvested. Interpretation of ISO/IEC Standard 17021-1 (3) For the purposes of ISO/IEC Standard 17021-1, (a) a reference to an “audit criteria” in subclause 9.2.1 of that Standard is to be read as a reference to the requirements set out in section 52 of these Regulations; and (b) a reference to a “site” in that Standard is to be read as a reference to a farm, forest or any other place where the feedstock is harvested.
Clean Fuel Regulations — 68
Annual surveillance audit 68 The certification of a feedstock conducted by a certification body must include an annual surveillance audit to ensure that the feedstock is harvested in accordance with the requirements of sections 48 to 52 .
Clean Fuel Regulations — 69
Site visits 69 (1) The certification of a feedstock conducted by a certification body must include a site visit if it is the first certification of the feedstock or if, in the case of any subsequent audit, the risk of any non-conformity with the certification scheme is high. Remote audits (2) A site visit is not required during the conduct of a surveillance audit if (a) the collection of data may be done remotely in a manner that reduces, to a reasonable level, the risk of failing to detect any non-conformity with the certification scheme; or (b) the risk of any non-conformity with the certification scheme is low.
Clean Fuel Regulations — 70
Unambiguous identification 70 (1) A certificate issued by a certification body must unambiguously identify the feedstock to which it applies. End of certification (2) The certificate ceases to be valid on the earlier of (a) the day on which a certification body, on the basis of an audit it conducted, is no longer satisfied that the applicable requirements set out in sections 48 to 52 are met, (b) the day that is the first anniversary of the day on which the most recent audit was conducted by the certification body, (c) the day that is the fifth anniversary of the day on which the certificate was issued, and (d) the day specified by the certification scheme under which the certification body conducts the certification.
Clean Fuel Regulations — 71
Denial or revocation 71 (1) If any of the following circumstances occur with respect to a feedstock, an application for the certification of the feedstock must be denied or, in the case where a certificate has been issued for the feedstock, the certificate must be revoked: (a) the applicable requirements set out in sections 48 to 52 are not met with respect to the feedstock and the situation cannot be rectified by corrective action; (b) the producer of the feedstock fails to comply with the certification scheme and the situation cannot be rectified by taking corrective action; (c) the producer of the feedstock fails to comply with the certification scheme in a manner that undermines the integrity of the certification scheme. New application for certification (2) The producer of a feedstock in respect of which an application for certification has been denied, or a certificate has been revoked, under subsection (1) may submit a new application for certification of the feedstock after the end of the period specified by the certification scheme.
Clean Fuel Regulations — 72
Denial or suspension of certification 72 (1) If any of the following circumstances occur with respect to a feedstock, an application for the certification of the feedstock must be denied or, in the case where a certificate has been issued for the feedstock, the certificate must be suspended: (a) the applicable requirements set out in sections 48 to 52 are not met with respect to the feedstock and the situation can be rectified by taking corrective action; (b) the producer of the feedstock repeatedly fails to comply with the certification scheme, including in the following cases: (i) more than 5% of the evidence that is provided to the certification body and included in a representative sample contains gaps or errors, (ii) the producer fails to disclose their participation in other certification schemes during the certification process, or (iii) the producer fails to provide the certification body with any relevant information. Duration of suspension (2) The suspension of the certificate begins on the day on which the producer of the feedstock is notified of the suspension and ends after 90 days. Revocation (3) The certificate must be revoked at the end of the 90‑day suspension period if the producer of the feedstock has not taken corrective action with respect to the situation that resulted in the suspension.
Clean Fuel Regulations — 73
Other circumstances of non-conformity 73 (1) A certification scheme may, if a producer of a feedstock has not complied with the scheme in circumstances other than those referred to in subsections 71 (1) and 72 (1), provide for a period during which the producer must take corrective action with respect to the circumstances of non-conformity. Time limit for corrective action (2) The period within which the producer must take the corrective action ends on the earlier of (a) the day on which the next surveillance audit of the feedstock is to be conducted, (b) the day on which the certification is renewed, (c) the day that is 12 months after the day on which the producer of the feedstock is notified of the non-conformity by the certification body, and (d) the day specified by the certification scheme.
Clean Fuel Regulations — 74
Prior certification under another certification scheme 74 An application for the certification of a feedstock must contain the following information: (a) a statement as to whether the feedstock has, in the previous five years, been the subject of a certification under another certification scheme; (b) all relevant information relating to a certification of the feedstock under another certification scheme, including audit reports and any decisions to suspend or revoke the certification during the previous five years, as well as the reasons for any suspension or revocation; and (c) a statement specifying the reasons for which any producer of the feedstock withdrew from another certification scheme before the first surveillance audit.
Clean Fuel Regulations — 75
ance periods (5) The carbon intensity referred to in paragraph (1)(b) must not be used to create credits other than for a period of no more than three consecutive compliance periods. Fossil fuels (6) For the purposes of subsections 98 (2), 99 (3) and (4) and 104 (2), the carbon intensity of a fuel that is hydrogen, propane, natural gas, liquefied natural gas and compressed natural gas is, at the election of the registered creator, the amount set out in (a) section 8 of Schedule 6; or (b) the Specifications for Fuel LCA Model CI Calculations. Electricity (7) The carbon intensity of electricity for a province in which a charging station is located is, at the election of the registered creator, the amount set out for that province in (a) section 9 of Schedule 6; or (b) the Specifications for Fuel LCA Model CI Calculations.
Clean Fuel Regulations — 76
Fuel LCA Model — registered creator or foreign supplier 76 (1) A registered creator or foreign supplier may elect to determine the carbon intensity of a low-carbon-intensity fuel, or the carbon intensity of a material input that is a renewable natural gas, biogas, renewable propane or hydrogen, using the Fuel LCA Model in accordance with the option set out in either paragraph (3)(a) or (b), if they have input data, for a period of 24 consecutive months during the period of 30 months that immediately precedes the day on which they make the election, derived from the activities referred to in the definition carbon intensity in subsection 1 (1) that are carried out over the life cycle of the fuel or material input, as the case may be. Carbon-intensity contributor (2) A carbon-intensity contributor may elect to determine the carbon intensity of a low-carbon-intensity fuel or material input that is a renewable natural gas, biogas, renewable propane or hydrogen in accordance with the option set out in either paragraph (3)(a) or (b), if they have input data, for a period of 24 consecutive months during the period of 30 months that immediately precedes the day on which they make the election, derived from the activities referred to in the definition carbon intensity in subsection 1 (1) that are carried out over the life cycle of the fuel or material input, as the case may be. Options on election (3) The carbon intensity may be determined based on the input data referred to in subsection (1) or (2) in accordance with either of the following options: (a) an existing pathway from the Fuel LCA Model; or (b) a new pathway created by the registered creator, carbon-intensity contributor or foreign supplier from the Fuel LCA Model, in the case where (i) the fuel or material input is not indicated in the Fuel LCA Model, (ii) the feedstock used to produce the fuel or material input is not indicated in the Fuel LCA Model, or (iii) the criteria provided in the Specifications for Fuel LCA Model CI Calculations for creating a new pathway are met.
Clean Fuel Regulations — 77
Fuel LCA Model — co-processed low-carbon-intensity fuel 77 A registered creator or foreign supplier must determine the carbon intensity of a co-processed low-carbon-intensity fuel using the Fuel LCA Model in accordance with the applicable specific emission-reduction quantification method established under subsection 32 (1) and either of the following options: (a) an existing pathway from the Fuel LCA Model; or (b) a new pathway created by the registered creator or foreign supplier from the Fuel LCA Model, in the case where (i) the fuel is not indicated in the Fuel LCA Model, (ii) the feedstock used to produce the fuel is not indicated in the Fuel LCA Model, or (iii) the criteria provided in the Specifications for Fuel LCA Model CI Calculations for creating a new pathway are met.
Clean Fuel Regulations — 78
Compressed and liquefied gases 78 (1) Instead of determining the carbon intensity of propane, liquefied natural gas or compressed natural gas in accordance with subsection 75 (6), a registered creator may elect to make that determination using the Fuel LCA Model in accordance with the option set out in either paragraph (3)(a) or (b), if they have input data, for a period of 24 consecutive months during the period of 30 months that immediately precedes the day on which they make the election, respecting the operation of a fuelling station or the liquefaction process for propane, renewable propane, co-processed low-carbon intensity propane, compressed natural gas, renewable compressed natural gas, liquefied natural gas or renewable liquefied natural gas. Renewable fuels (2) In the case of renewable propane, co-processed low-carbon-intensity propane, renewable compressed natural gas and renewable liquefied natural gas, the determination is to be made as if (a) the renewable propane or co-processed low-carbon-intensity propane were propane; (b) the renewable compressed natural gas were compressed natural gas; or (c) the liquefied renewable natural gas were liquefied natural gas. Options on election (3) The carbon intensity may be determined based on the input data referred to in subsection (1) in accordance with either of the following options: (a) an existing pathway from the Fuel LCA Model; or (b) a new pathway created by the registered creator or foreign supplier from the Fuel LCA Model, in the case where (i) the fuel is not indicated in the Fuel LCA Model, (ii) the feedstock used to produce the fuel is not indicated in the Fuel LCA Model, or (iii) the criteria provided in the Specifications for Fuel LCA Model CI Calculations for creating a new pathway are met.
Clean Fuel Regulations — 79
Electricity 79 (1) A registered creator or carbon-intensity contributor may elect to determine, in accordance with subsection (3), the carbon intensity of the electricity supplied to electric vehicles by a charging station that is not intended primarily for use by the occupants of a private dwelling-place if they have input data respecting the source and quantity of that electricity for a period of 24 consecutive months during the period of 30 months that immediately precedes the day on which they make the election. Electricity — fuelling station or facility (2) A registered creator or carbon-intensity contributor may elect to determine, in accordance with subsection (3), the carbon intensity of the electricity supplied to a fuelling station or facility if they have input data respecting the source and quantity of that electricity for a period of 24 consecutive months during the period of 30 months that immediately precedes the day on which they make the election. Options on election (3) The carbon intensity may be determined based on the input data referred to in subsection (1) or (2) in accordance with either of the following options: (a) an existing pathway from the Fuel LCA Model; or (b) a new pathway created by the registered creator or carbon-intensity contributor from the Fuel LCA Model, in the case where the source of the electricity is not indicated in the Fuel LCA Model or where the criteria indicated in the Specifications for Fuel LCA Model CI Calculations for creating a new pathway are met.
Clean Fuel Regulations — 80
Application for approval of carbon intensity 80 (1) A registered creator, carbon-intensity contributor or foreign supplier may apply to the Minister for the approval of a carbon intensity determined in accordance with paragraph 75 (1)(b) or any of sections 76 to 79 , as the case may be. Carbon-intensity additional value (2) In the case of an application for the approval of a carbon intensity determined in accordance with section 76 , 78 or 79 , the registered creator, carbon-intensity contributor or foreign supplier may add an additional value to that carbon intensity, in which case the carbon intensity that is the subject of the application for approval would be the sum of the additional value and the carbon intensity determined using the Fuel LCA Model. Imported fuel (3) Despite subsection (1), in the case of a fuel produced outside Canada and imported into Canada in respect of which compliance credits are created under paragraph 19 (1)(b) or 20 (b) or when a CO 2 e-emission-reduction project described in paragraph 30 (d) is carried out, only the foreign supplier of the fuel may make the application for the approval of the carbon intensity. Distinct application — each feedstock (4) A distinct application for the approval of a carbon intensity is required for each type of feedstock that is used to produce a low-carbon-intensity fuel or a material input that is renewable natural gas, biogas, renewable propane or hydrogen, including in the case where two or more types of feedstock are used simultaneously to produce the low-carbon-intensity fuel or the material input.
Clean Fuel Regulations — 81
Pathway approval 81 (1) Before making an application under subsection 80 (1) for the approval of a carbon intensity based on a new pathway referred to in paragraph 76 (3)(b), 77 (b), 78 (3)(b) or 79 (3)(b), the registered creator, carbon-intensity contributor or foreign supplier must apply to the Minister for the approval of the new pathway. Application (2) The application for the approval of a new pathway must include the information referred to in Schedule 7. Approval (3) The Minister must approve the new pathway if the Minister is satisfied that the pathway is based on (a) a plan to collect verifiable data and results; (b) calculations that do not contain any error that attains any of the quantitative materiality thresholds referred to in paragraph 150 (a); (c) unit processes, modelling parameters, background data sets and a methodology that are appropriate for the pathway; and (d) a methodology that is consistent with ISO Standard 14040, ISO Standard 14044 and the Specifications for Fuel LCA Model CI Calculations. Unique alphanumeric identifier (4) When the Minister approves the new pathway, the Minister must assign a unique alphanumeric identifier to it.
Clean Fuel Regulations — 82
Information to be provided 82 (1) An application made under section 80 in respect of a carbon intensity determined in accordance with paragraph 75 (1)(b) or section 76 or 77 must contain the information referred to in section 1 of Schedule 8. Additional information — paragraph 75 (1)(b) (2) In the case of a carbon intensity determined in accordance with paragraph 75 (1)(b), the application must also contain the information referred to in section 2 of Schedule 8. Additional information — section 76 (3) In the case of a carbon intensity determined in accordance with section 76 , the application must also contain the information referred to in sections 3 and 6 of Schedule 8, as well as any information specified in any applicable emission-reduction quantification method established under subsection 31 (1) or 32 (1). Additional information — section 77 (4) In the case of a carbon intensity determined in accordance with section 77 , the application must also contain the information referred to in sections 3 and 6 of Schedule 8, as well as any information specified in any applicable specific emission-reduction quantification method established under subsection 32 (1).
Clean Fuel Regulations — 83
Information to be provided — section 78 83 In the case of a carbon intensity determined in accordance with section 78 , an application made under section 80 must contain the information referred to in sections 4 and 6 of Schedule 8.
Clean Fuel Regulations — 84
Information to be provided — section 79 84 In the case of a carbon intensity determined in accordance with section 79 , an application made under section 80 must contain the information referred to in sections 5 and 6 of Schedule 8.
Clean Fuel Regulations — 85
Approval 85 (1) The Minister must approve a carbon intensity for which an application for approval is made under section 80 if the Minister is satisfied that the determination of the carbon intensity is based on (a) data and results that are verifiable; (b) calculations that do not contain any error that attains any of the quantitative materiality thresholds referred to in paragraph 150 (a); (c) unit processes, modelling parameters, background data sets and a methodology that are appropriate for that determination and do not result in an underestimation of the carbon intensity; (d) in the case of a determination made in accordance with section 76 or 77 , a methodology that is consistent with ISO Standard 14040, ISO Standard 14044 and the Specifications for Fuel LCA Model CI Calculations; and (e) with respect to an application referred to in section 130 , an unqualified opinion issued in accordance with paragraph 154 (a) or a qualified opinion issued in accordance with paragraph 154 (b). Unique alphanumeric identifier (2) When the Minister approves the carbon intensity, the Minister must assign it a unique alphanumeric identifier.
Clean Fuel Regulations — 86
 gCO 2 e/MJ; (b) 5%, if the absolute value of the approved carbon intensity is between 20 and 100 gCO 2 e/MJ; and (c) 5 gCO 2 e/MJ, if the absolute value of the approved carbon intensity is greater than 100 gCO 2 e/MJ. End of validity — electricity (7) The approved carbon intensity of electricity determined in accordance with section 79 ceases to be valid if a change is made to the source and quantity of electricity supplied to electric vehicles or facilities and that change would result in an actual carbon intensity of the electricity — as specified in the carbon-intensity-pathway report referred to in subsection 123 (1) — that is greater than the approved carbon intensity by at least (a) 1 gCO 2 e/MJ, if the absolute value of the approved carbon intensity is less than 20 gCO 2 e/MJ; (b) 5%, if the absolute value of the approved carbon intensity is between 20 and 100 gCO 2 e/MJ; and (c) 5 gCO 2 e/MJ, if the absolute value of the approved carbon intensity is greater than 100 gCO 2 e/MJ. Transferred carbon intensity (8) The approved carbon intensity of a fuel or material input ceases to be valid if the registered creator, carbon-intensity contributor or foreign supplier who made the application for the approval of that carbon intensity under subsection 80 (1) has determined it by using a carbon intensity that ceases to be valid under any of subsections (1) to (7). End of validity — December 31, 2025 (9) A carbon intensity determined in accordance with any of sections 76 to 79 that was approved by the Minister before July 1, 2024 ceases to be valid on December 31, 2025. The registered creator, carbon-intensity contributor or foreign supplier may, on or after July 1, 2024, submit a new application to the Minister for the approval of the carbon intensity under subsection 80 (1).