GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Output-Based Pricing System Regulations — 45
Content 45 (1) The person responsible for a covered facility must keep a record of the following information with respect to the covered facility and each unit within it, if applicable, for each compliance period (a) the total quantity of GHGs from each specified emission type; (b) the quantity of each GHG from each specified emission type; (c) all data used for a calculation made under these Regulations, for each specified emission type and GHG, including data used to estimate missing data; (d) all sampling, analysis and measurement data for each specified emission type and GHG; (e) the methods used to quantify, sample, analyze and measure each specified emission type; (f) the methods and data used to quantify production; (g) the procedural changes made in data collection and calculations and changes to measuring devices used to quantify GHGs or production; (h) the quantity of each GHG not included in the total quantity of GHGs under section 23 and the relevant specified emission type; (i) the quantities of CO 2 captured, transported or stored expressed in tonnes and the data used to quantify that CO 2 ; (j) the output-based standard calculated under section 37 for each specified industrial activity and all methods and data used to calculate that output-based standard; (k) documents that demonstrate the maintenance, calibration and operation of measuring devices was done in accordance with these Regulations; (l) if the person responsible for a covered facility sells thermal energy that was produced at the covered facility to other covered facilities or buys thermal energy from other covered facilities, (i) the sales invoices or receipts for the thermal energy bought or sold, (ii) the name of any covered facility from which thermal energy is bought or to which it is sold and the covered facility certificate number that was issued to the covered facility, and (iii) the methods and data used to quantify the quantity of thermal energy bought or sold and the data in relation to the ratio of heat from the combustion of fossil fuel; (m) any errors or omissions identified and the measures taken to correct them, with all supporting data and documentation; (n) a copy of all permits issue pursuant to section 28 ; and (o) documentation that demonstrates that the CO 2 was captured, transported and stored in accordance with the laws of Canada or a province or of the United States or one of its States. Continuous Emissions Monitoring System (2) For each compliance period during which a person responsible for the covered facility uses a continuous emissions monitoring system, they must comply with the record keeping requirements set out in Quantification Methods. Availability of information (3) The record must be kept within 30 days after the information becomes available. Provision of records (4) A person who is required to keep a record of information under subsection (1), must, on the Minister’s request, provide a copy of that record to the Minister without delay. SOR/2023-240, s. 28
Output-Based Pricing System Regulations — 46
Electronic submission 46 (1) Any information that is required to be provided to the Minister under these Regulations with respect to a covered facility must be submitted electronically in the form and format specified by the Minister and must bear the electronic signature of the person responsible for the covered facility or of their authorized official. Provision on paper (2) If the Minister has not specified an electronic form and format or if it is not feasible to submit the information in accordance with subsection (1) because of circumstances beyond the control of the person responsible for the covered facility or their authorized official, the information must be submitted on paper, signed by the person responsible for the covered facility or their authorized official, in the form and format specified by the Minister. However, if no form and format has been so specified, it may be in any form and format.
Output-Based Pricing System Regulations — 47
Retention of information 47 (1) The person responsible for a covered facility must retain a record that contains the information set out in section 45, any information that the Minister specifies under subsection 187(2) of the Act and a copy of information submitted to the Minister under these Regulations, including any calculations, measurements and other data on which the information is based. Location of records (2) The records, copies and documents must be retained at the principal place of business in Canada of the person responsible for the covered facility or, on notification to the Minister, at any other place in Canada where they can be inspected. Relocation of records (3) If the records, copies or supporting documents are moved, the person responsible for the covered facility must notify the Minister, in writing, of the civic address of the new location within 30 days after the day of the move. SOR/2021-197, s. 18
Output-Based Pricing System Regulations — 48
Obligation to notify 48 The person responsible for the covered facility must notify the Minister, in writing, within 30 days after a change to any of the following: (a) the administrative information set out in sections 1 and 2 of Schedules 2 and 5 and provided to the Minister under these Regulations; (b) the facility’s perimeter; (c) the information provided in an application for registration under subsection 171(1) of the Act or in a request for designation under subsection 172(1) of the Act; or (d) the information provided in an application for a permit under section 27 , if the permit is still valid.
Output-Based Pricing System Regulations — 49
ined by the formula, is equal to or greater than 2%: A ÷ B × 100 where A is the absolute value of the net result of all overstatements and understatements resulting from all errors and omissions, expressed in CO 2 e tonnes, and B is the total quantity of GHGs reported in the annual report or corrected report, expressed in CO 2 e tonnes; and (c) with respect to the production from a specified industrial activity that is used in the calculation of the emissions limit, in the case of an error or omission respecting the quantification of the production that is identified during the verification and may be quantified, the result, expressed as a percent, determined by the formula, is equal to or greater than 5%: A ÷ B × 100 where A is the absolute value of the overstatement or understatement resulting from an error or omission expressed in the applicable unit of measure, and B is the production from the specified industrial activity in question that is reported in the annual report or corrected report, expressed in the applicable unit of measure. SOR/2021-197, s. 19 SOR/2023-240, s. 29
Output-Based Pricing System Regulations — 50
Conflict of interest 50 (1) The person responsible for a covered facility must ensure that no real or potential conflict of interest exists between the person and the accredited verification body, including members of the verification team and any individual or corporate entity associated with the verification body, that is a threat to or compromises the verification body’s impartiality that cannot be effectively managed. Consecutive verifications (2) The person responsible must not have their annual report verified by a verification body that has verified six consecutive annual reports prepared under these Regulations with respect to the same covered facility, unless three years have elapsed since the last of those reports was verified. However, a corrected report may be verified by the verification body within those three years if it is in relation to an annual report verified by that verification body. Maximum number of verifications (3) The person responsible for a covered facility must not have more than a total of six of its annual reports prepared under these Regulations for the same covered facility verified by the same verification body within a period of nine years. SOR/2021-197, s. 20
Output-Based Pricing System Regulations — 51
Facility visit 51 (1) Subject to subsection (2), the person responsible for a covered facility must ensure that their covered facility is visited by an accredited verification body in the following situations: (a) it is the initial verification of the covered facility under these Regulations or by the verification body; (b) two calendar years have passed since a verification body has visited the covered facility for the purposes of verifying an annual report or corrected report; (c) in the last annual report for the covered facility prepared under these Regulations, the verification body made a determination (i) that a material discrepancy exists with respect to the total quantity of GHGs or production reported in the annual report from a specified industrial activity that is used in the calculation of the emissions limit, or (ii) that the annual report was not prepared in accordance with these Regulations; or (d) the verification body is of the opinion a site visit is required. Other visits (2) If buildings that are used for legal, administrative or management purposes are not located where an industrial activity is carried out, the person responsible for a covered facility must ensure that the verification body visits those buildings if data or information necessary for verifying an annual report or a corrected report is kept in those buildings. SOR/2023-240, s. 30
Output-Based Pricing System Regulations — 52
Content of verification report 52 A verification report is prepared by a verification body in relation to the annual report and corrected report, if applicable, and any related data and information, and includes the information contained in Schedule 5.
Output-Based Pricing System Regulations — 53
Determination 53 (1) The Minister may establish the emissions limit or determine the quantity of GHGs emitted from the covered facility for the compliance period if (a) there is a material discrepancy with respect to the total quantity of GHGs from the covered facility or the production from one or more specified industrial activities used in the calculation of the emissions limit reported in the annual report or the corrected report for the compliance period; (b) the verification opinion referred to in paragraph 3(n) of Schedule 5 that is included in the verification report that accompanies an annual report or corrected report for the compliance period indicates that it is impossible to determine that a material discrepancy does not exist or that the annual report or corrected report was prepared in accordance with these Regulations; (c) the emissions limit for the covered facility that is indicated in the annual report or corrected report for the compliance period was not calculated in accordance with these Regulations and any resulting error was equal to or greater than 2%; or (d) the annual report for the compliance period was not submitted to the Minister. Criteria (2) The Minister is to establish the emissions limit or determine the quantity of GHGs emitted from the covered facility for the compliance period, as the case may be, based on the following: (a) the annual report and verification report for the compliance period and, if necessary, any previous reports; (b) any report made in accordance with the Notice with respect to reporting of greenhouse gases (GHGs) published under the Canadian Environmental Protection Act, 1999 ; (c) information in respect of industrial activities, in Canada or in other jurisdictions, similar to those of the covered facility, that allows for the determination of production amounts for the covered facility; (d) accepted quantification methods used to calculate the GHGs from facilities engaged in the same industrial activity or in the same type of industrial activity as the covered facility; and (e) any other information provided, on the Minister’s request, by the person responsible for the covered facility or the verifier. Notice (3) The Minister must notify the person responsible for the covered facility, in writing, of their determination with respect to the emissions limit or the quantity of GHGs emitted from the covered facility established for the compliance period. SOR/2023-240, s. 31
Output-Based Pricing System Regulations — 54
Excess emissions 54 For the purposes of subsection 174(1) of the Act, if, during a compliance period, a covered facility emits GHGs in a quantity that exceeds the applicable emissions limit, the compensation to be provided by the person responsible for that facility is to be established based on the quantity of GHGs, expressed in CO 2 e tonnes, that was emitted in excess of the emissions limit as reported in the annual report submitted for the compliance period or the Minister’s determination under section 53 , as the case may be.
Output-Based Pricing System Regulations — 55
Excess emissions charge payment 55 (1) Any compensation that is provided by means of an excess emissions charge payment must be made electronically to the Receiver General for Canada. Surplus credits (2) Any compensation that is provided by means of a remittance of surplus credits must be made in the manner set out in section 70 . Other compliance units (3) Any compensation that is provided by means of a remittance of compliance units other than surplus credits must be made in the manner set out in section 71 .
Output-Based Pricing System Regulations — 56
Minimum percentage — charge 56 A minimum of 25% of the compensation that is required under section 174 of the Act must be provided by means of an excess emissions charge payment for each compliance period beginning with the 2022 compliance period. SOR/2021-197, s. 21
Output-Based Pricing System Regulations — 57
Regular-rate compensation deadline 57 (1) For the purposes of subsection 174(3) of the Act, the regular-rate compensation deadline is December 15 of the calendar year in which the related annual report must be submitted. Exception (1.1) Despite subsection (1), for the compliance period that ends on December 31, 2019, the regular-rate compensation deadline is April 15, 2021. Increased-rate compensation deadline (2) For the purposes of subsection 174(4) of the Act, the increased-rate compensation deadline is February 15 of the calendar year following the deadline under subsection (1). Exception (2.1) Despite subsection (2), for the compliance period that ends on December 31, 2019, the increased-rate compensation deadline is June 15, 2021. Notice referred to in subsection 53(3) (3) However, if a notice of determination under subsection 53 (3) is issued after October 31 of the year in which the related annual report is due (a) the regular-rate compensation deadline is 45 days after the day on which the notice is issued; and (b) the increased-rate compensation deadline is 60 days after the day on which the regular-rate compensation deadline under paragraph (a) expires. SOR/2020-114, s. 2
Output-Based Pricing System Regulations — 58
Compensation information 58 A person that is responsible for a covered facility must, at the time compensation is provided, submit to the Minister the following information: (a) the covered facility certificate number; (b) the provision of the Act under which the compensation is being provided; (c) the compliance period for which compensation is being provided; (d) the quantity of GHGs emitted in excess of the emissions limit in respect of which the compensation is provided, expressed in CO 2 e tonnes; (e) the details of any excess emissions charge payment, including (i) the amount in dollars paid to the Receiver General for Canada, (ii) the applicable rate, and (iii) the date of payment; (f) the details of any surplus credits or offset credits remitted, including, for each type of credit, (i) the number remitted, (ii) the date of the remittance transaction, (iii) the remittance transaction number, (iv) the serial numbers, and (v) the date or dates on which they were issued; and (g) the details of any units or credits, recognized as compliance units, remitted, including (i) the number remitted, (ii) the province or program authority referred to in subsection 78(1) that issued the units or credits, (iii) the date of their retirement or the date they are designated for use exclusively as a compliance unit for the purposes of remittance to the Minister under section 174, paragraph 178(1)(a) or subsection 181(2) of the Act, as the case may be, (iv) the serial numbers assigned to them by the province or program authority referred to in subsection 78(1), (v) the start date of the offset project for which the unit or credit was issued, (vi) the year in which the GHG reduction or removal occurred for which the unit or credit was issued, (vii) the offset protocol applicable to the project for which the unit or credit was issued, including the version number and publication date, and (viii) the name of the accredited verification body that verified the units or credits. SOR/2023-240, s. 32
Output-Based Pricing System Regulations — 59
Surplus credits 59 (1) For the purposes of section 175 of the Act and subject to subsection (2), the number of surplus credits, equivalent to the difference between the emissions limit and the quantity of GHGs emitted from the covered facility, that the Minister issues is based on what is reported in the annual report submitted for the compliance period if the emissions limit that was set out in the report was calculated in accordance with these Regulations, unless a material discrepancy within the meaning of subsection 49(2) exists with respect to the total quantity of GHGs or the production from one of the specified industrial activities that is used in the calculation of the emissions limit for the compliance period. Exception (2) The Minister will not issue surplus credits if the Minister has established the emissions limit or determined the quantity of GHGs emitted from the covered facility for the compliance period under section 53. SOR/2021-197, s. 22 SOR/2023-240, s. 33
Output-Based Pricing System Regulations — 61
Identification by person responsible 61 The notice submitted under subsection 176(1) of the Act by a person responsible for a covered facility who has become aware of an error or omission in an annual report must indicate whether (a) the error or omission would have constituted a material discrepancy under subsection 49 (2) if it had been identified during the verification of the annual report; and (b) the aggregate of all errors and omissions would have constituted a material discrepancy under subsection 49 (2) if it had been identified during the verification of the annual report.
Output-Based Pricing System Regulations — 62
Corrected report 62 (1) If the notice indicated that the error or omission, or the aggregate of all errors and omissions, would have constituted a material discrepancy under subsection 49(2), a corrected report, along with a verification report prepared in accordance with section 52, must be submitted to the Minister by the person responsible within 120 days after the day on which the notice is submitted. Content (2) The corrected report must include the information referred to in sections 11 and 12 and, under a heading, the following information: (a) the information provided in the annual report that required correction and a description of the corrections made; (b) a description of the circumstances that led to the errors or omissions and an indication of the reasons why the error or omission was not previously detected; and (c) a description of the measures that have been and will be implemented to avoid future errors or omissions of the same type. SOR/2023-240, s. 34
Output-Based Pricing System Regulations — 63
Identification by the Minister 63 (1) Subsection 62 (2) applies to a report that is required by the Minister under subsection 177(2) of the Act and the report must be submitted to the Minister within the following period: (a) in the case of a corrected report, 60 days after the day on which the Minister required it; and (b) in the case of a verified corrected report, 120 days after the day on which the Minister required it. Verification report (2) The corrected report submitted under paragraph (1)(b) must be submitted with a verification report prepared in accordance with section 52 . SOR/2023-240, s. 35
Output-Based Pricing System Regulations — 64
Change in obligations 64 (1) For the purposes of section 178 of the Act, the revised compensation to be paid or remitted or the number of surplus credits to be issued, as the case may be, is equal to the difference between the result of the assessment made in accordance with section 44, and reported in the annual report, and the result that is reported in the corrected report. Revised compensation (2) For the purposes of paragraph 178(1)(a) of the Act, any revised compensation is to be provided by means of an excess emissions charge payment or a remittance of compliance units. Revised compensation is to be provided if the difference referred to in subsection (1) is greater than or equal to 500 CO 2 e tonnes. Issuance of surplus credits (3) For the purposes of paragraph 178(1)(b) of the Act and subject to subsection (4), the Minister may issue a number of surplus credits that is equivalent to the difference between, as the case may be, (a) the number of surplus credits that corresponds to the result obtained under section 44 based on the corrected report and the number of surplus credits issued under section 175 of the Act based on the annual report; or (b) the applicable emissions limit and the quantity of GHGs emitted from the covered facility that are reported in the corrected report, if the emissions limit that was set out in the corrected report was calculated in accordance with these Regulations. Exception (4) The Minister will not issue surplus credits if (a) a material discrepancy within the meaning of subsection 49(2) exists with respect to the total quantity of GHGs reported in the corrected report or the production from one of the specified industrial activities that is used in the calculation of the emissions limit reported in the corrected report for the compliance period; or (b) the emissions limit or quantity of GHGs emitted from the covered facility is determined by the Minister for the compliance period under section 53. SOR/2023-240, s. 36
Output-Based Pricing System Regulations — 66
Excess Surplus credits issued 66 (1) If a corrected report shows that an excess number of surplus credits was issued to the person responsible for a covered facility and the credits in question remain in an account in the tracking system that is linked to the covered facility, the Minister must revoke the excess credits without notice. The revocation is effective as of the date on which the corrected report is submitted. Insufficient surplus credits in account (2) If any of the excess surplus credits are no longer in an account in the tracking system that is linked to the covered facility, the person responsible for the facility must, within the compensation deadlines set out in subsections 69 (1) and (2), make up the amount owed by (a) remitting to the Minister other surplus credits in accordance with section 70 ; (b) remitting to the Minister other compliance units in accordance with section 71 ; or (c) making an excess emissions charge payment in accordance with section 55 .
Output-Based Pricing System Regulations — 67
Charge 67 An excess emissions charge payment made for the purposes of subsection 64(2) must be made in the manner set out in section 55. SOR/2023-240, s. 37
Output-Based Pricing System Regulations — 68
Surplus credits 68 (1) Any revised compensation that is provided by the remittance of surplus credits must be made in the manner set out in section 70 . Other compliance units (2) Any revised compensation that is provided by the remittance of compliance units other than surplus credits must be made in the manner set out in section 71 .