GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Greenhouse Gas Offset Credit System Regulations — 11
Registration by the Minister 11 Subject to subsection 6 (4), if a proponent meets the conditions set out in section 8 or 9 , the Minister must register the project or the aggregation of projects, open the GHG Offset Credit System account in the tracking system, if applicable, and notify the proponent.
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Change to boundaries 12 The proponent may only modify the coordinates and geographic boundaries of the site where activities are undertaken as part of the project that were provided in the application for registration (a) with respect to a project registered in accordance with section 8 , until the end of the period covered by the initial report; and (b) with respect to a project in an aggregation, registered in accordance with section 9 , until the end of the first 12 months following the registration of the project as part of an aggregation.
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Maintaining account 13 (1) A proponent must maintain their GHG Offset Credit System account until the later of (a) at least 100 years after the end date of the last crediting period of all sequestration projects related to that account if the tonne-tonne quantification method was used for any of those projects; and (b) at least eight years after the end date of the last crediting period of all projects related to that account if the tonne-tonne quantification method was not used for any of the projects. Closing of account (2) The Minister may, under subsection 186(3) of the Act, close a GHG Offset Credit System account that has been inactive for more than seven years if the Minister notifies the holder of the account of the Minister’s intention to do so and the holder does not request that the account remain open within 60 days after the date the notice was received. Revocation of credits (3) If the GHG Offset Credit System account contains offset credits, those credits are revoked prior to the account being closed under subsection (2).
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Cancellation 14 (1) The Minister may cancel the registration of a project if (a) the proponent requests that the registration be cancelled; (b) the proponent fails to comply with paragraph 20 (7)(a), (b) or (c), as the case may be; (c) the proponent’s GHG Offset Credit System account has been closed under subsection 13 (2); (d) the conditions of registration set out in paragraphs 8 (1)(a) to (h), (j) or (l) are no longer met; (e) in the case of a sequestration project, other than a sequestration project for which a tonne-year quantification method is used, the cause of the reversal was within the control of the proponent or there was a failure to implement the reversal risk management plan, as determined in accordance with subsection 40 (1); (f) in the case of a sequestration project, other than a sequestration project for which a tonne-year quantification method is used, a reversal diminishes, in accordance with the protocol, the inventory of sequestered CO 2 e to a level below the inventory in the baseline scenario; or (g) the proponent fails to comply with subsection 181(2) or (3) of the Act. Notice (2) The Minister must provide notice of the Minister’s intention to cancel the registration under subsection (1) to the proponent at least 30 days before cancelling that registration, to provide time for the proponent to provide representations. Decision (3) The Minister must, after the period set out in subsection (2), confirm or revise his decision and notify the proponent.
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Consequences for sequestration project 15 (1) If the registration of a sequestration project using either the tonne-tonne or the hybrid tonne-year quantification method is cancelled, the Minister may (a) for the purposes of section 180 of the Act, revoke any offset credits in the proponent’s GHG Offset Credit System account for the project and the number of offset credits deposited into the environmental integrity account in respect of the project; and (b) where the number of offset credits revoked from the proponent’s GHG Offset Credit System account for the project under paragraph (a) is less than the number of offset credits issued to the proponent in respect of the project, (i) for the purposes of subsection 181(1) of the Act, require the proponent to remit compliance units by giving them notice indicating the number of compliance units to be remitted and the deadline by which the remittance is to be made, and (ii) if the proponent does not remit compliance units in accordance with subparagraph (i) or make a payment in lieu of remitting compliance units under subsection 181(3) of the Act, revoke, for the purposes of section 180 of the Act, offset credits in the environmental integrity account to make up the difference. Manner of remittance (2) Subject to subsection (3), the compliance units remitted to the Minister for the purposes of subparagraph (1)(b)(i), in accordance with subsection 181(2) of the Act, must (a) in the case of offset credits or units or credits recognized as compliance units under a regulation made under the Act, have been issued for GHG reductions that occurred within eight calendar years before the deadline indicated in the notice provided under that subparagraph; and (b) in the case of surplus credits, have been issued within five calendar years before the deadline indicated in the notice provided under that subparagraph. Surplus credits (3) If a proponent is required to remit compliance units, the proponent may remit surplus credits if those surplus credits were issued to a covered facility located in a province listed in Part 2 of Schedule 1 to the Act during the calendar year in which the Minister notified the proponent under subparagraph (1)(b)(i) of the number of compliance units to be remitted.
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Manner of renewal 16 (1) A proponent may request that the Minister renew the crediting period in respect of a project or an aggregation of projects by submitting an application to renew at least nine months but no more than 18 months before the end of the crediting period. Information to submit (2) The application must include the information referred to in paragraphs 2(d), (f) to (k) and (n) to (s) of Schedule 1 or paragraphs 3(e) to (j) and (m) to (r) and 4(a) of Schedule 2, as the case may be, and any other change to the information referred to in those Schedules since the registration application or the last renewal request, including a description of any measures and monitoring activities implemented following changes to the reversal risk management plan. Conditions of renewal (3) Subject to subsection 6 (4), the Minister must renew the crediting period if the conditions of registration set out in section 8 or 9 are met at the time of the renewal. The Minister must notify the proponent of his decision, including his reasons for that decision, in that regard at least three months before the end of the crediting period. Most recent version of protocol (4) The most recent version of the protocol applies to the renewal for the purposes of subsections (2) and (3). Beginning of new crediting period (5) The new crediting period begins on the day after the day on which the most recent crediting period ended. Limit on renewals (6) The crediting period can be renewed for (a) in the case of a sequestration project related to forestry, a total of no more than 100 years including all renewals; and (b) in the case of all other projects, no more than two times.
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Information management system 17 A proponent must implement a data and information management system to collect, manage and store data and information related to their project in a way that ensures the integrity, completeness, accuracy and validity of the data and information.
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Measuring devices 18 A proponent must ensure that any measuring device used to determine a quantity that is related to the preparation of a project report is (a) installed, operated, maintained and calibrated in accordance with the manufacturer’s specifications or the applicable protocol; and (b) maintained to be accurate within ± 5%.
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Quantification 19 (1) A proponent must quantify the GHGs emitted and the GHGs removed from the atmosphere for the sources, sinks and reservoirs that must be taken into account for the baseline scenario and the project scenario, in accordance with the applicable protocol. For the purposes of the quantification, the applicable global warming potentials set out in Schedule 3 to the Act and the applicable emission factors and reference values set out in the document Emission Factors and Reference Values , published in 2022 by the Department of the Environment, are to be used. Exclusion (2) Despite subsection (1), GHGs emitted or removed from the atmosphere are not included in the quantification if the GHGs were from sources, sinks and reservoirs that were subject to provincial or federal pricing mechanisms or the emissions or removals from sources, sinks and reservoirs that were required by law or the result of a legal requirement unless, with respect to a source, the quantity of GHGs emitted increased due to the project.
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th respect to the 12 months following the start of the first crediting period, within 6 months after those 12 months; (b) subsequent reports within 6 months following (i) for sequestration projects, a maximum of 6 years after the end the period covered in the last project report, and (ii) for all other projects, no later than 3 years after the day on which the period covered by the last project report ended; and (c) a final report, within 6 months of the end of the last crediting period. Extension of submission deadline (8) Despite paragraphs 7 (f) and (7)(b), if a reversal occurs within 18 months of the deadline by which a project report must be submitted, the deadline is extended by 6 months after the date the reversal report is submitted. Choice with respect to verification (9) Despite subsection (7) and paragraphs 7 (e) and (f), a proponent of a project other than a sequestration project may choose not to have a project report, other than an initial project report, verified if they opt not to have offset credits issued to them for the reporting period covered by the report. No discontinuity (10) There can be no discontinuity between the periods covered by the project reports submitted by the proponent. Correction of errors or omissions (11) If a verifier identifies errors or omissions in a project report during their verification, the proponent must correct those errors or omissions, if possible, and identify those corrections in the project report.
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Establishment of plan 21 (1) The proponent of a sequestration project for which the tonne-tonne or hybrid tonne-year quantification method is used must establish, in accordance with the protocol, a reversal risk management plan that identifies and assesses reversal risks associated with the project and describes any measures and monitoring activities to mitigate those risks. Implementation of plan (2) The proponent of a sequestration project referred to in subsection (1) must implement the reversal risk management plan for the duration of the project’s crediting period and, in the case of a sequestration project for which the tonne-tonne quantification method is used, continue to implement that plan for a period of 100 years following the end of the crediting period. Updating the plan (3) A proponent may update their reversal risk management plan but must not cease implementing existing reversal risk mitigation measures. The proponent may only add new reversal risk mitigation measures or increase the stringency of existing measures.
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Tonne-tonne quantification method 22 (1) The proponent of a sequestration project for which a tonne-tonne quantification method is used must, in accordance with the protocol, monitor the quantity of GHGs emitted or GHGs removed from the atmosphere with respect to the project and submit to the Minister a monitoring report, accompanied by a verification report, with each project report submitted during the crediting period and every 6 years for 100 years after the end of the last crediting period for that project. Hybrid tonne-year quantification method (2) The proponent of a sequestration project for which a hybrid tonne-year quantification method is used must, in accordance with the protocol, monitor the quantity of GHGs emitted or GHGs removed from the atmosphere with respect to the project and submit to the Minister a monitoring report, accompanied by a verification report, with each project report submitted during the project’s crediting period. Content of monitoring report (3) The monitoring report must include (a) the project registration number; (b) a description of any reversal risk mitigation measures and monitoring activities that were implemented; (c) a declaration by the proponent that, during the period covered by the report, the reversal risk management plan was implemented and that no reversal occurred; and (d) a declaration, dated and signed by the proponent or their authorized official, stating that the information contained in the report is accurate and complete.
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Verification body 23 To be authorized to conduct a verification for the purposes of these Regulations, a third party must (a) meet the following accreditation requirements: (i) it is accredited as a verification body, under ISO Standard 14065:2020 entitled General principles and requirements for bodies validating and verifying environmental information , by the Standards Council of Canada, the ANSI National Accreditation Board or any other accreditation organization that has a memorandum of understanding with the Department of Environment and that is a member of the International Accreditation Forum, (ii) it has a scope of accreditation that includes technical activities at the project level with respect to GHG project verifications, and (iii) it is not suspended by an accreditation organization that issued its accreditation; and (b) use a verification team that have the necessary competencies to verify a project report, corrected project report, reversal report or monitoring report, including at least one individual with training relevant to the project type, as specified in the applicable protocol.
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ection 20 (1) or (2) that are reported in the project report or corrected project report for any calendar year covered by the report and that are equal to or greater than 100,000 tonnes of CO 2 e, (i) in the case of each error or omission in the project report or corrected project report, that is identified during the verification and that may be quantified, the result, expressed as a percent, determined by the following formula, is equal to or greater than 2%: A ÷ B × 100 where A is the absolute value of the overstatement or understatement resulting from the error or omission for the calendar year, expresssed in CO 2 e tonnes, and B is the quantity of GHG reductions, determined in accordance with subsection 20 (1) or (2), as the case may be, that are reported in the project report or corrected project report for the calendar year, expressed in CO 2 e tonnes, and (ii) in the case of the aggregate of all errors and omissions in the project report or corrected project report, that are identified during the verification and that may be quantified, the result, expressed as a percent, determined by the following formula, is equal to or greater than 2%: A ÷ B × 100 where A is the sum of the absolute value of all overstatements and understatements resulting from the errors and omissions, for the calendar year, expressed in CO 2 e tonnes, and B is the GHG reductions determined in accordance with subsection 20 (1) or (2), as the case may be, for the calendar year stated in the project report or corrected project report, expressed in CO 2 e tonnes. Material discrepancy — aggregation (3) In the case of an aggregation of projects, to determine if the errors and omissions for the aggregation constitute a material discrepancy in accordance with subsection (2), the quantity of GHG reductions referred to in paragraphs (2)(a) or (b) corresponds to the sum referred in paragraph 20 (3)(c) reported in the project report submitted for the aggregation. Material discrepancy — reversal report (4) For the purposes of these Regulations, the errors or omissions in a reversal report constitute a material discrepancy if (a) in the case where the quantity of GHGs released into the atmosphere during the reversal reported in the reversal report is less than 100,000 tonnes of CO 2 e, the result determined in accordance with the formula set out in paragraph (2)(a) — but by replacing the quantity of GHG reductions specified in the description of B in that paragraph with the quantity of GHGs released into the atmosphere during the reversal reported in the reversal report — is equal to or greater than 5%; and (b) in the case where the quantity of GHGs released into the atmosphere during the reversal reported in the reversal report is equal to or greater than 100,000 tonnes of CO 2 e, the result determined in accordance with the formula set out in paragraph (2)(b) — but by replacing the quantity of reductions referred to in the description of B in that paragraph with the quantity of GHGs released into the atmosphere during the reversal reported to in the reversal report — is equal to or greater than 2%.
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Conflict of interest 25 The proponent must ensure that no real or potential conflict of interest exists between any party involved in the project and the verification body, including members of the verification team and any individual or corporate entity associated with the verification body, that threatens to or compromises the verification body’s impartiality and that cannot be effectively managed.
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Limits — verification body 26 (1) A proponent must not have their project report verified by a verification body if (a) in the case of a sequestration project, the verification body has verified the project reports with respect to the last 12 consecutive calendar years, unless three calendar years have elapsed since the last of those reports was verified; and (b) in the case of any other project, the verification body has verified the project reports with respect to the last for five calendar years, unless two calendar years have elapsed since the last of those reports was verified. Exception — corrected project report (2) Despite subsection (1), a proponent may have a corrected project report verified by the same verification body that verified the project report being corrected.
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Site visit 27 (1) With respect to a project that is not in an aggregation, the proponent of a project must ensure that the project site is visited by a verification body in the following situations: (a) it is the initial verification of the project for the purposes of these Regulations or it is the initial verification by the verification body; (b) if the quantity of GHG reductions referred to in subsection 20 (1) or (2) that is reported in the project report being verified is less than 10,000 tonnes of CO 2 e for any calendar year covered by the report, it has been at least 24 months since the project site was visited by a verification body; (c) if the quantity of GHG reductions referred to in subsection 20 (1) or (2) that is reported in the project report being verified is equal to or greater than 10,000 tonnes of CO 2 e for any calendar year covered by the report, it has been at least 12 months since the project site was visited by a verification body; (d) in accordance with ISO Standard 14064-3, issued a modified or adverse opinion with respect to the quantity of GHG reductions reported in the previous project report; (e) the verification body is conducting a verification of a reversal report; or (f) the verification body is of the opinion that a site visit is required. Aggregation (2) With respect to a project in an aggregation, the proponent of an aggregation of projects must ensure that the site of a project in the aggregation is visited by a verification body for the purposes of verifying a project report in any of the following situations: (a) the quantity of GHG reductions referred to in subsection 20 (3) that is reported in the project report being verified is equal to or greater than 10,000 tonnes of CO 2 e for any calendar year covered by the report and it has been at least 12 months since the project site was visited by a verification body; (b) the final project report for the aggregation following the end of the crediting period is being submitted, and the project site has not been visited by a verification body during the crediting period; (c) the verification body, in accordance with ISO Standard 14064-3, issued a modified or adverse opinion with respect to the quantity of GHG reductions reported in the previous project report; (d) the verification body is conducting a verification of a reversal report; and (e) the verification body is of the opinion that a site visit is required. Monitoring report (3) The proponent must ensure that the site of a sequestration project for which the tonne-tonne quantification method is used is visited by a verification body as part of the verification of any monitoring report submitted after the end of the last crediting period. Other visits (4) If buildings that are used for legal, administrative or management purposes are not located where project activities are carried out and data or information necessary for verifying a report submitted under these Regulations is kept in those buildings, the proponent must ensure that the verification body visits those buildings.
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Content of verification report 28 A verification report must be prepared by a verification body and contain the information set out in Schedule 5.