Clean Fuel Regulations — 86
End of validity 86 (1) The approved carbon intensity of a low-carbon-intensity fuel or material input ceases to be valid if a change is made to the extraction or production processes for the feedstock used to produce the fuel or material input or the production processes and that change is not consistent with the emission factors, input data, background data sets and methodology that were used to determine the carbon intensity and would result in, (a) in the case where the carbon intensity was determined in accordance with paragraph 75 (1)(b), production processes that are different than those used to determine the approved carbon intensity of the fuel or material input; (b) in the case where the carbon intensity was determined in accordance with section 76 , an actual carbon intensity of the fuel or material input — 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 (i) 1 gCO 2 e/MJ, if the absolute value of the approved carbon intensity is less than 20 gCO 2 e/MJ, (ii) 5%, if the absolute value of the approved carbon intensity is between 20 and 100 gCO 2 e/MJ, and (iii) 5 gCO 2 e/MJ, if the absolute value of the approved carbon intensity is greater than 100 gCO 2 e/MJ; and (c) in the case where the carbon intensity was approved for a CO 2 e-emission-reduction project described in paragraph 30 (d), fuel production processes or conditions that are different than those indicated in the application made under subsection 80 (1) for the approval of the carbon intensity. Non-compliance with section 123 (2) 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 approval under subsection 80 (1) fails to comply with the requirements set out in section 123 . Non-compliance with section 124 (3) The approved carbon intensity of a gaseous or liquid low-carbon-intensity fuel that was produced using a quantity of an eligible feedstock referred to in paragraph 46 (1)(b) or (c) ceases to be valid if the registered creator or foreign supplier who made the application for approval under subsection 80 (1) fails to comply with the requirements set out in section 124 . Non-compliance with specific quantification method (4) The approved carbon intensity of a co-processed low-carbon-intensity fuel ceases to be valid if a registered creator or foreign supplier referred to in subsection 80 (1) fails to comply with the applicable specific emission-reduction quantification method established under subsection 32 (1). Non-compliance with record requirements (5) The approved carbon intensity of a low-carbon-intensity fuel or material input may be invalidated by the Minister if the registered creator, carbon-intensity contributor or foreign supplier who made the application for approval under subsection 80 (1) fails to comply with any of the requirements set out in sections 166 and 168 in relation to the approved carbon intensity. End of validity — certain gases (6) The approved carbon intensity of propane, liquefied natural gas or compressed natural gas determined in accordance with section 78 ceases to be valid if a change is made to the compression or liquefaction process for the fuel and that change is not consistent with the emission factors, input data, background data sets and methodology that were used to determine the carbon intensity and would result in an actual carbon intensity of the fuel — 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 th