GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Output-Based Pricing System Regulations — 31
General rule 31 (1) Subject to subsection (4) and section 16 , the production from a covered facility, other than an electricity generation facility, from each specified industrial activity during a compliance period is quantified (a) in the case of production from a specified industrial activity set out in items 1 to 37 and 39 to 44, column 1, of Schedule 1, in the units of measurement set out in column 2 of Schedule 1 for that industrial activity, and in accordance with any requirements set out in the applicable part of Schedule 3; (b) in the case of production from a specified industrial activity set out in paragraphs 38(a) to (c), column 1, of Schedule 1, the production is (i) quantified in whole for the compliance period in accordance with the requirements set out in sections 3 and 4 of Part 38 of Schedule 3, or (ii) not quantified, in whole or in part, for the compliance period; and (c) in the case of production from an additional industrial activity, in the units of measurement specified by the Minister for that activity. Measuring device (2) Any measuring device that is used to determine a quantity for the purposes of these Regulations must (a) be installed, operated, maintained and calibrated in accordance with the manufacturer’s specifications or, if those specifications are not available, any applicable generally recognized national or international industry standard; and (b) maintain accuracy within plus or minus 5%. Engineering estimates or mass balance (3) If it is not possible to directly measure production using a measuring device, it may be quantified using engineering estimates or mass balance. Transitional provision (4) For the 2019 calendar year (a) the production quantified in accordance with paragraphs (1)(a) and (c), must be accurate within ± 5%; and (b) the production referred to in paragraph (1)(b) may be quantified by the person responsible for the regulated facility in accordance with subsection 9(2) and section 103 of the Greenhouse Gas Emissions Information Production Order , as it read before August 1, 2019. SOR/2023-240, s. 19
Output-Based Pricing System Regulations — 32
Electricity generation facility 32 (1) Subject to subsection (2), the gross electricity generated during a compliance period by each unit within the electricity generation facility, from each of the industrial activities set out in paragraphs 38(a) to (c), column 1, of Schedule 1 that is engaged in at the unit, is determined as follows: (a) if a unit uses only one fossil fuel to generate electricity, in accordance with subsection 1(1) and section 2 of Part 38 of Schedule 3; and (b) if a unit uses a mixture of fossil fuels or a mixture of biomass and fossil fuels to generate electricity, in accordance with subsections 1(2) and (3) and section 2 of Part 38 of Schedule 3. Choose not to quantify (2) The person responsible for the electricity generation facility may choose not to quantify part or all of the quantity of electricity generated from one unit or a group of units. SOR/2023-240, s. 20
Output-Based Pricing System Regulations — 35
Calculation 35 (1) The person responsible for a covered facility must determine the quantity of GHGs that are emitted from the covered facility during a compliance period in accordance with the formula A – B where A is the total quantity of GHGs from the covered facility, expressed in CO 2 e tonnes, during the compliance period, (a) in the case of a facility referred to in paragraph 11 (1)(a), determined in accordance with section 17 , (b) in the case of a facility referred to in paragraph 11 (1)(b), corresponding to the sum referred to in subparagraph 11 (1)(b)(ii), and (c) in the case of a facility referred to in paragraph 11 (1)(c), corresponding to the sum referred to in subparagraph 11 (1)(c)(i); and B is the quantity of CO 2 captured at the covered facility that is stored during the compliance period in a storage project, determined using Quantification Methods, expressed in CO 2 e tonnes. CO 2 — quantity that may be subtracted (2) For the purposes of the description of B in subsection (1), the quantity of CO 2 may only be included in that description if it has been included in the description of A and has been permanently stored in a storage project that meets the following criteria: (a) the geological site into which the CO 2 is injected is (i) a deep saline aquifer for the sole purpose of storage of CO 2 , or (ii) a depleted oil reservoir for the purpose of enhanced oil recovery; and (b) the quantity of CO 2 stored for the purposes of the project is captured, transported and stored in accordance with the laws applicable to Canada or a province or applicable to the United States or one of its states. Biomass (3) The quantity of CO 2 from biomass is not included in the amount determined for B in subsection (1). Deemed emission of CO 2 (4) For greater certainty, the quantity of CO 2 from a covered facility that has been captured but has not been permanently stored in a storage project that meets the requirements of subsection (2) is deemed to have been emitted by the covered facility and is included in the quantity of GHGs that are included in the description of A in subsection (1). SOR/2021-197, s. 12 SOR/2023-240, s. 22
Output-Based Pricing System Regulations — 36.1
New electricity production — gaseous fuel 36.1 (1) Despite subsection 36(1), if a covered facility — other than one referred to in subsection 16(6) — begins generating electricity on or after January 1, 2021 and meets the following criteria, the person responsible for the covered facility must apply, for the specified industrial activity set out in paragraph 38(c), column 1, of Schedule 1, the applicable output-based standard, in accordance with subsection (2), for each compliance period, as of the compliance period during which the covered facility began generating electricity: (a) the electricity is generated from gaseous fuel by equipment that is designed to operate at a thermal energy to electricity ratio of less than 0.9; and (b) the covered facility has an electricity generation capacity equal to or greater than 50 MW from that equipment. Decreasing output-based standard (2) The output-based standard that applies to the industrial activity referred to in paragraph 38(c), column 1, of Schedule 1 is, as the case may be (a) 370 CO 2 e tonnes per unit of measurement, for the 2021 compliance period, (b) 329 CO 2 e tonnes per unit of measurement, for the 2022 compliance period, (c) 288 CO 2 e tonnes per unit of measurement, for the 2023 compliance period, (d) 247 CO 2 e tonnes per unit of measurement, for the 2024 compliance period, (e) 206 CO 2 e tonnes per unit of measurement, for the 2025 compliance period, (f) 164 CO 2 e tonnes per unit of measurement, for the 2026 compliance period, (g) 123 CO 2 e tonnes per unit of measurement, for the 2027 compliance period, (h) 82 CO 2 e tonnes per unit of measurement, for the 2028 compliance period, (i) 41 CO 2 e tonnes per unit of measurement, for the 2029 compliance period, and (j) 0 CO 2 e tonnes per unit of measurement, for the 2030 compliance period and subsequent compliance periods.
Output-Based Pricing System Regulations — 36.2
ity ratio of less than 0.9, other than equipment referred to in the description of E, the gross amount of electricity generated during the compliance period attributed to the capacity of the equipment before the additional capacity was added, from the specified industrial activity set out in paragraph 38(c), column 1, of Schedule 1, quantified in accordance with section 31 and subsection (3); I is the output-based standard set out in item 38, column 3, of Schedule 1 that is applicable to the specified industrial activity set out in paragraph 38(c), column 1 of that Schedule; and i is the i th specified industrial activity where “i” goes from 1 to n and where n is the total number specified industrial activities engaged in at the covered facility. Apportionment of electricity generation (3) For the purposes of the descriptions of G and H in subsection (2), the gross amount of electricity generated by the equipment referred to in those descriptions is apportioned, using engineering estimates, to the equipment’s capacity added to the equipment and to the capacity of the equipment before the additional capacity was added, based on the ratio of the amount of its increased capacity to its total capacity, taking into account the increased capacity. Increased capacity — rule (4) For the purposes of subsection (1), the electricity generation capacity of a facility increases by 50 MW or more for a calendar year as of the day on which its electricity generation capacity is 50 MW greater than its electricity generation capacity on December 31, 2020. For greater certainty, any increase in capacity is cumulative. SOR/2023-240, s. 24
Output-Based Pricing System Regulations — 36.3
Presumption 36.3 If the output-based standard set out in subsection 36.1 (2) applies to a covered facility’s generation of electricity for a given compliance period, it continues to apply for all subsequent compliance periods even if (a) for the purposes of section 36.1 , the covered facility is not generating electricity from gaseous fuel or the equipment in question has a thermal energy to electricity ratio that is equal to or greater than 0.9; or (b) for the purposes of section 36.2 , the equipment in question is not generating electricity from gaseous fuel or has a thermal energy to electricity ratio that is equal to or greater than 0.9.
Output-Based Pricing System Regulations — 38
Exception — steel 38 (1) For the purposes of the description of C in subsection 37 (1), if the specified industrial activity for which the output-based standard is being calculated is the industrial activity set out in paragraph 20(d), column 1, of Schedule 1 and the covered facility is also engaged in the generation of electricity, the quantity of GHGs from the generation of electricity attributable to the industrial activity set out in that item are not included in the total quantity of GHGs determined for C. For greater certainty (2) For greater certainty, the quantity of GHGs from the generation of electricity attributable to the specified industrial activities set out in paragraphs 20(a) to (c), column 1, of Schedule 1 are included in the total quantity of emissions determined for C.
Output-Based Pricing System Regulations — 39
Recalculation of output-based standard 39 If an output-based standard applicable to a specified industrial activity was calculated in accordance with subsection 37(2.1) for a compliance period, it must be recalculated in accordance with subsection 37(1) for the third compliance period following the compliance period for which the original calculation was done. The reference years that must be used for the recalculation are the three calendar years that precede that third compliance period. SOR/2023-240, s. 26
Output-Based Pricing System Regulations — 41
Electricity 41 (1) Subject to subsection (2) and sections 41.1 and 41.2 , the person responsible for an electricity generation facility must determine the GHG emissions limit that applies to the electricity generation facility for each compliance period, expressed in CO 2 e tonnes, in accordance with the formula The summation of the products of Aj and Bj for each industrial activity referred to in paragraphs 38(a) to (c) of Schedule 1 “j”, summed for each unit “i” within the facility where A j is the gross amount of electricity generated during the compliance period quantified in accordance with section 32 , for each unit “i” within the electricity generation facility, from each of the industrial activities set out in paragraphs 38(a) to (c), column 1, of Schedule 1 that is engaged in at the electricity generation facility; B j is the output-based standard applicable to each specified industrial activity set out in paragraphs 38(a) to (c), column 1, of Schedule 1 that are engaged in at each unit “i” and that is set out in column 3; i is the i th unit, where “i” goes from 1 to n and where n is the total number of units within the electricity generation facility generating electricity using fossil fuels; and j is the j th activity, where “j” goes from 1 to m and where m is the total number of industrial activities set out in paragraphs 38(a) to (c), column 1, of Schedule 1 that are engaged in at the facility. Output-based standard — exception (2) The output-based standard applicable to the industrial activity set out in paragraph 38(a), column 1, of Schedule 1 applies to a boiler unit if it generates electricity using liquid or gaseous fuel and it (a) is registered under the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations , or it was at any given time in 2018; and (b) used solid fuel to generate electricity in 2018. SOR/2021-197, s. 14
Output-Based Pricing System Regulations — 41.1
 F the output-based standard applicable to each specified industrial activity set out in paragraph 38(c), column 1, of Schedule 1 that are engaged in at each unit “i” and that is set out in column 3; i is the i th unit, where “i” goes from 1 to n and where n is the total number of units within the electricity generation facility generating electricity using solid fuel or liquid fuel; j is the j th activity, where “j” goes from 1 to m and where m is the total number of industrial activities set out in paragraphs 38(a) to (b), column 1, of Schedule 1 that is engaged in at the electricity generation facility; k is the k th unit, where “k” goes from 1 to r and where r is the total number of units within the electricity generation facility, generating electricity using gaseous fuel, that have an electricity generation capacity equal to or greater than 50 MW and are designed to operate at a thermal energy to electricity ratio of less than 0.9; l is the l th unit, where “l” goes from 1 to s and where s is the total number of units within the electricity generation facility, generating electricity using gaseous fuel, that have an electricity generation capacity of less than 50 MW or are designed to operate at a thermal energy to electricity ratio of 0.9 or greater. SOR/2021-197, s. 15
Output-Based Pricing System Regulations — 41.2
tricity generation facility prior to the facility’s increase in electricity generation capacity and whose electricity generation capacity was increased by 50 MW or more and that is designed to operate at a thermal energy to electricity ratio of less than 0.9, the gross amount of electricity generated during the compliance period that is attributed to the capacity of the unit before the additional capacity was added, from the specified industrial activity set out in paragraph 38(c), column 1, of Schedule 1, that is engaged in at the unit, quantified in accordance with section 32 and subsection (3); G is the output-based standard applicable to the specified industrial activity set out in paragraph 38(c), column 1, of Schedule 1 and set out in column 3; i is the i th unit, where “i” goes from 1 to n and where n is the total number of units within the electricity generation facility generating electricity using fossil fuels, except units referred to in the description of k and l; j is the j th activity, where “j” goes from 1 to m and where m is the total number of industrial activities set out in paragraphs 38(a) to (c), column 1, of Schedule 1 that are engaged in at the electricity generation facility; k is the k th unit, where “k” goes from 1 to r and where r is the total number of units within the electricity generation facility that started generating electricity from gaseous fuels on or after January 1, 2021, that have an electricity generation capacity equal to or greater than 50 MW and that are designed to operate at a thermal energy to electricity ratio of less than 0.9; and l is the l th unit, where “l” goes from 1 to s and where s is the total number of units that generated electricity from gaseous fuels within the electricity generation facility prior to the facility’s increase in electricity generation capacity and whose electricity generation capacity was increased by 50 MW or more and that are designed to operate at a thermal energy to electricity ratio of less than 0.9. Apportionment of electricity generation (3) For the purposes of the descriptions of E and F in subsection (2), the gross amount of electricity generated by a unit referred to those descriptions is apportioned, using engineering estimates, to the capacity added to the unit and to the capacity of the unit before the additional capacity was added, based on the ratio of its increased capacity to its total capacity, taking into account the increased capacity. Increased capacity — rule (4) For the purposes of subsection (1), the electricity generation capacity, from gaseous fuels, of an electricity generation facility increases by 50 MW or more for a calendar year as of the day on which its electricity generation capacity is 50 MW greater than its electricity generation capacity on December 31, 2020. For greater certainty, any increase in a unit’s capacity is cumulative. SOR/2021-197, s. 16
Output-Based Pricing System Regulations — 41.3
Presumption 41.3 For the purposes of sections 41.1 and 41.2 , if the output-based standard set out in subsection 41.1 (2) applies to a unit or group of units for a compliance period for the specified industrial activity set out in paragraph 38(c), column 1, of Schedule 1, that output-based standard will continue to apply to the unit or group of units even if the unit or group of units is not producing electricity from gaseous fuel or has a thermal energy to electricity ratio that is equal to or greater than 0.9.
Output-Based Pricing System Regulations — 42
Coal and electricity 42 The person responsible for a covered facility where the specified industrial activities engaged in are both the production of coal by mining coal deposits and the generation of electricity and that is comprised of a unit or a group of units that are registered under the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations must calculate the GHG emissions limit that applies to the covered facility for each compliance period by adding the emissions limit obtained in subsection 36 (1) for that compliance period for the specified industrial activity set out in item 25, column 1, of Schedule 1 and the emissions limit determined under section 41 or 41.2 for that compliance period for the specified industrial activities set out in paragraphs 38(a) to (c), column 1, of that Schedule, expressed in CO 2 e tonnes.
Output-Based Pricing System Regulations — 43
New covered facilities 43 (1) If, on January 1 of a compliance period, a covered facility has not completed two calendar years of production following the date of first production, sections 36 to 42 do not apply to the covered facility for that compliance period. Primary activity (2) Subsection (1) only applies to a covered facility whose primary activity is a specified industrial activity. New electricity generation facility (3) Subsection (1) does not apply to an electricity generation facility that begins generating electricity on or after January 1, 2021. Date of production (4) For the purposes of subsection (1), to determine the date of first production for a covered facility all industrial activities that the facility has previously been or is currently engaged in must be taken into account.
Output-Based Pricing System Regulations — 44
Assessment of emissions against emissions limit 44 (1) The person responsible for a covered facility must assess for each compliance period the quantity of GHGs that are emitted from the covered facility during the applicable compliance period against its applicable GHG emissions limit in accordance with the formula A – B where A is the quantity of GHGs that are emitted from the covered facility during the compliance period, expressed in CO 2 e tonnes, determined in accordance with subsection 35 ; and B is the applicable GHG emissions limit for the covered facility for the compliance period, expressed in CO 2 e tonnes, determined in accordance with sections 36 , 36.1 , 36.2 , 41 , 41.1 , 41.2 or 42 . Rounding (1.1) The result of the assessment in subsection (1) is to be rounded to the nearest whole number or, if the number is equidistant between two whole consecutive numbers, to the higher number. New covered facilities (2) If, on January 1 during a compliance period, the covered facility has not completed two calendar years of production following the date of first production, subsection (1) does not apply to the covered facility for that compliance period. Primary activity (3) Subsection (2) only applies to a covered facility whose primary activity is a specified industrial activity. New electricity generation facility (4) Subsection (2) does not apply to an electricity production facility that begins generating electricity on or after January 1, 2021. Date of production (5) For the purposes of subsection (2), to determine the date of first production for a covered facility all industrial activities that the facility has previously been or is currently engaged in must be taken into account. SOR/2021-197, s. 17