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Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 8.16
and (iii) in the case of an application to renew a deferral granted under paragraph (4)(b), documents that establish that, as of the making of the application, there are reasonable grounds to conclude that it is not technically feasible for the operator to complete the repair of the equipment component before the day to which the next planned shutdown of the upstream oil and gas facility was deferred; (b) the application is provided (i) in the case of an application to renew an extension referred to in paragraph (4)(a), no later than 45 days before the day on which the extended repair period ends or the additional time to complete the repair ends, as the case may be, and (ii) in the case of an application to renew a deferral referred to in paragraph (4)(b), no later than 45 days before the day to which the planned shutdown of the upstream oil and gas facility was deferred; and (c) the extension or deferral, as the case may be, has not been previously renewed. Refusal (6) The Minister must refuse to grant an application referred to in this section if the Minister has reasonable grounds to believe that the operator has provided false or misleading information in the application.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 8.17
Revocation 8.17 (1) The Minister must revoke an extension or deferral granted under subsection 8.16(4) or renewed under subsection 8.16(5) if the Minister has reasonable grounds to believe that the operator has provided false or misleading information in their application. Limits (2) However, the Minister must not revoke the extension or deferral unless the Minister has provided the operator with (a) written reasons for the proposed revocation; and (b) an opportunity to be heard, by written representation, in respect of the proposed revocation.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 8.18
Record — inspections and fugitive emissions 8.18 A record must be made that sets out the following information respecting the inspections and fugitive emissions at an upstream oil and gas facility: (a) for each inspection, (i) its date and time, (ii) whether it was a comprehensive inspection, a screening inspection or an annual inspection, (iii) the methodology used, (iv) the make and model number of each instrument used, (v) information respecting the calibration of each instrument used, and (vi) whether a fugitive emission was detected; (b) the name and contact information of the auditor who conducted the annual inspection, along with the name and business address of their employer; (c) for each person who conducted a comprehensive or screening inspection, (i) their name and contact information and the name and business address of their employer, if their employer is not the operator, (ii) the dates on which they received training and, for each of those dates, the number of hours of training, and (iii) a description of the training received; (d) if, in accordance with paragraph 8.1(2)(b), a comprehensive inspection was not carried out at the facility (i) the volume, expressed in m 3 , of crude oil produced at the facility in the previous calendar year, and (ii) the combined volume, expressed in m 3 , of hydrocarbon gas produced and received at the facility in the previous calendar year; (e) if, in accordance with subsection 8.1(3) or paragraph 8.11(2)(b), a comprehensive inspection or screening inspection was not carried out at the facility, the temperature that, on the day before the scheduled day of the inspection, was forecasted for the facility’s location on that scheduled day; and (f) for each fugitive emission detected, (i) the unique identifier, if any, assigned to the emission by the operator, (ii) a description of the equipment component that emitted the hydrocarbon gas and the location of that equipment component, (iii) the date on which the emission was detected, (iv) the date on which the emission ended, (v) the flow rate, expressed in kg/h, of the emission before repair of the equipment component, if determined, (vi) if the equipment component cannot be repaired while it is operating, the day of the next planned shutdown of the facility and the calculations that support scheduling the shutdown on that day, (vii) if a measure referred to in subsection 8.15(4) is taken to reduce the flow rate of the emission to less than 10 kg/h, the flow rate of the emission, expressed in kg/h, after that measure was taken, (viii) if the repair of the equipment component was deferred in accordance with subsection 8.15(6), the calculations that were used to identify the date until which the repair can be deferred, and (ix) for each equipment component that is repaired, the method that was used to verify the repair.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 7
7 Sections 9 to 19 and the headings before section 20 of the Regulations are repealed.
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8 (1) The portion of subsection 20(1) of the Regulations before paragraph (a) is replaced by the following: Application of sections 26, 27 and 37 to 45 20 (1) Sections 26, 27 and 37 to 45 apply in respect of an upstream oil and gas facility as of the first day of the month that begins after the facility produces or receives, or is expected to produce or receive, a combined volume of more than 60 000 standard m 3 of hydrocarbon gas for a period of 12 months, determined as follows: (2) Section 20 of the Regulations is repealed.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 20
Application of sections 26, 27 and 37 to 45 20 (1) Sections 26, 27 and 37 to 45 apply in respect of an upstream oil and gas facility as of the first day of the month that begins after the facility produces or receives, or is expected to produce or receive, a combined volume of more than 60 000 standard m 3 of hydrocarbon gas for a period of 12 months, determined as follows:
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 9
9 (1) The portion of section 21 of the Regulations before paragraph (a) is replaced by the following: Records — non-application 21 If, for a given month, none of sections 26, 27 and 37 to 45 apply in respect of an upstream oil and gas facility, a record, with supporting documents, must be made that indicates (2) Section 21 of the Regulations is repealed.
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Records — non-application 21 If, for a given month, none of sections 26, 27 and 37 to 45 apply in respect of an upstream oil and gas facility, a record, with supporting documents, must be made that indicates
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 10
10 Sections 22 to 27 of the Regulations are repealed.
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11 The headings before section 28 and sections 28 to 36 of the Regulations are repealed.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 12
12 The heading before section 37 and sections 37 to 45 of the Regulations are repealed.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 13
13 The Regulations are amended by adding the following after section 45: Hydrocarbon Gas Destruction and Venting Application Application of sections 46 to 50 45.1 Sections 46 to 50 apply in respect of an upstream oil and gas facility (a) if operations at the facility begin before January 1, 2028, as of January 1, 2030; and (b) if operations at the facility begin on or after January 1, 2028, as of the day on which it begins operations.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 45.1
Application of sections 46 to 50 45.1 Sections 46 to 50 apply in respect of an upstream oil and gas facility (a) if operations at the facility begin before January 1, 2028, as of January 1, 2030; and (b) if operations at the facility begin on or after January 1, 2028, as of the day on which it begins operations.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 14
14 Section 45.1 of the Regulations and the heading “Application” before it are repealed.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 16
 soon as feasible, but in any case, by no later than (a) if the total flow rate is higher than the facility emission rate by 1 kg/h or more, but less than 10 kg/h higher than that rate, 30 days after the day on which the emissions are detected; (b) if the total flow rate is higher than the facility emission rate by 10 kg/h or more but less than 100 kg/h higher than that rate, seven days after the day on which the emissions are detected; and (c) if the total flow rate is higher than the facility emission rate by 100 kg/h or more, 24 hours after the emissions are detected. Analysis required (2) An analysis must be conducted in respect of each instance when the total flow rate of the hydrocarbon gas emissions detected at the upstream oil and gas facility is higher than its facility emission rate by 10 kg/h or more. Record — system and emissions (3) A record must be made that sets out the following information: (a) the date, time and duration of each instance when the emission monitoring system is not in operation; (b) for each instance when the total flow rate of hydrocarbon gas emissions at the upstream oil and gas facility was higher than its facility emission rate by 1 kg/h or more, (i) the maximum total flow rate of the emissions, expressed in kg/h, if known, (ii) the date and time when the emissions were detected, (iii) the date and time when the total flow rate of the emissions was reduced to less than 1 kg/h above the facility emission rate, (iv) a list of the measures that were taken to reduce the total flow rate of the emissions, and (v) the period, if any, during which the facility was shut down; and (c) the results of each analysis conducted under subsection (2). Annual Report Provided to the Minister 53.3 On or before June 30 in each year, an annual report must be provided to the Minister that contains the following information and documents in respect of the upstream oil and gas facility for the preceding calendar year: (a) with respect to the annual inspection of the facility, (i) as applicable, a copy of the record referred to in subsection 53.1(5) or a copy of the information referred to in paragraphs 8.18(a), (b) and (f), and (ii) every reading of the total flow rate of hydrocarbon gas emissions at the facility that was taken and recorded by the emission monitoring system during the annual inspection; (b) the information referred to in paragraphs 53.2(3)(b) and (c) respecting the total flow rate of hydrocarbon gas emissions during the calendar year at the facility; (c) each update to its facility emission intensity and facility emission rate, the calculations that support the update, the date of the update and the reason for it; and (d) the last facility emission intensity and facility emission rate calculated in the calendar year preceding the calendar year for which the report is provided.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 46
Engineering study required 46 (1) The destruction of hydrocarbon gas at an upstream oil and gas facility, other than destruction that is necessary to avoid serious risk to human health or safety arising from an emergency situation, must be supported by an engineering study that concludes that use of the hydrocarbon gas to produce useful heat or energy is not feasible in the circumstances. Reassessment (2) The engineering study must be reassessed every 12 months by an engineer and if the conclusion referred to in subsection (1) can no longer be supported, the destruction of hydrocarbon gas at the facility must cease.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 47
Hydrocarbon gas destruction equipment 47 (1) Hydrocarbon gas destruction equipment, other than a catalytic oxidation system, that is used at an upstream oil and gas facility must (a) have a combustion system that, when hydrocarbon gas is routed to that system, (i) maintains the stable combustion of hydrocarbon gas without generating any visible emission, and (ii) has a carbon conversion efficiency of at least 98%; and (b) be operated and maintained in accordance with the manufacturer’s recommendations or, if they are not available, industry standards and best practices. Visual inspection (2) If the combustion system referred to in paragraph (1)(a) does not have an automatic flame failure detection system, the hydrocarbon gas destruction equipment must be visually inspected at least once every seven days to ensure that stable combustion of hydrocarbon gas is being maintained. Catalytic oxidation system (3) A catalytic oxidation system that is used at an upstream oil and gas facility for the purpose of hydrocarbon gas destruction must (a) be operated such that hydrocarbon gas is not routed to the system when the catalyst temperature is below that recommended by the equipment manufacturer; and (b) be operated and maintained in accordance with the manufacturer’s recommendations.
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Records 48 (1) If destruction of hydrocarbon gas occurs at an upstream oil and gas facility, a record must be made that contains (a) a copy of the engineering study referred to in subsection 46(1); and (b) as applicable, a copy of the conclusions of any reassessment of that study performed in accordance with subsection 46(2). Records (2) The following records must be made respecting the hydrocarbon gas destruction equipment that is located at the facility: (a) a record that indicates whether the equipment consists of a combustion system or catalytic oxidation system; (b) in the case where the equipment consists of a combustion system, (i) a record that indicates whether it has an automatic flame failure detection system and how the flame will be relit if it fails, and (ii) if the combustion system does not have an automatic flame failure detection system, a record of each visual inspection performed in accordance with subsection 47(2); and (c) a record that indicates how the equipment meets the requirements of subsection 47(1) or (3), as applicable, and that contains a description of how the equipment is operated and maintained, including the manufacturer’s recommendations — or, if they are not available — a list of the industry standards and best practices for its operation and maintenance.
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Venting prohibited 49 (1) Subject to subsection (2), hydrocarbon gas must not be vented from an upstream oil and gas facility. Exceptions (2) Hydrocarbon gas may be vented from the facility if (a) it is vented as part of planned equipment maintenance or a planned temporary depressurization of equipment or a pipeline and measures are taken to minimize the volume of hydrocarbon gas that is vented; (b) it is necessary to avoid serious risk to human health or safety arising from an emergency situation; (c) the heating value of the hydrocarbon gas or its flow rate are insufficient to sustain continuous destruction of the gas by hydrocarbon gas destruction equipment; (d) the use of hydrocarbon gas destruction equipment or hydrocarbon gas conservation equipment would prolong an interruption of the hydrocarbon gas supply to the public; or (e) crude oil is produced at the facility and (i) operations at the facility began before January 1, 2028, (ii) in the calendar year before the one in which the venting is to occur, the volume of crude oil produced at the facility did not exceed 600 m 3 and the total volume of hydrocarbon gas vented from the facility did not exceed 12 000 m 3 , (iii) the venting is not from a pneumatic device that uses pressurized gas to generate mechanical energy, and (iv) measures are taken to minimize the volume of hydrocarbon gas that is vented, such as the conservation or destruction of the gas. Venting limit (3) Despite subsection (2), no more than 12 000 m 3 of hydrocarbon gas may be vented in a calendar year from an upstream oil and gas facility referred to in paragraph (2)(e).
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Record — venting 50 A record must be made that sets out the following information respecting the venting of hydrocarbon gas from an upstream oil and gas facility: (a) for each instance of venting referred to in paragraphs 49(2)(a) to (d), (i) the date, time and duration of the venting, (ii) identification of the equipment component that is the source of the venting, (iii) the flow rate of the vented hydrocarbon gas, expressed in kg/h, under standard conditions, (iv) a description of the circumstances leading up to the venting and the reasons for it, including identification of the exception referred to in subsection 49(2) that is to be relied on and an explanation of why it is applicable in the circumstances, and (v) the measures that were taken to minimize the volume of the vented hydrocarbon gas; and (b) in respect of venting referred to in paragraph 49(2)(e), (i) the volume of crude oil, expressed in m 3 , that was produced at the facility in the previous calendar year, (ii) the volume of hydrocarbon gas, expressed in m 3 , that was vented from facility in the previous calendar year, and (iii) the measures that were taken to minimize the volume of vented hydrocarbon gas.
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After providing notice 51 (1) After providing the notice referred to in subsection 2.2(2), the operator must ensure that the facility emission intensity for the upstream oil and gas facility, as calculated by an engineer, remains less than its facility emission reference standard. Updates (2) The facility emission intensity and facility emission rate for the facility must be updated annually and after (a) each analysis that is conducted under subsection 53.2(2); and (b) any physical change to the facility or change to its operation that would affect, by 10% or more, the volume of the facility’s hydrocarbon gas emissions or the volume of hydrocarbon gas that is produced or processed at the facility or transported from it. Adjustment to facility emission rate (3) A facility emission rate that is updated, including in accordance with subsection (2), must be adjusted to include any change in the volume of hydrocarbon gas emissions from the facility, expressed in kg/h, that an engineer estimates will occur in the 365-day period following a physical change to the facility or a change to its operation that has occurred since the day on which the rate was last determined. Record (4) A record must be made that sets out the following information: (a) the facility emission intensity and facility emission rate for the upstream oil and gas facility on the day specified in the notice provided under subsection 2.2(2); and (b) each update to its facility emission intensity and facility emission rate, the date of the update and the reason for it.
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Continuous operation 52 (1) An emission monitoring system must be operating at all times, except for any period during which all or part of the system is undergoing preventive maintenance. Preventive maintenance (2) The preventive maintenance must not be performed during any period in which an emission of hydrocarbon gas is planned or expected to occur at the upstream oil and gas facility.
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Sensors and other equipment 53 (1) An emission monitoring system must meet the following requirements: (a) its sensors and other equipment must (i) be capable, under controlled laboratory conditions, of detecting hydrocarbon gas emissions that have a total flow rate of 1 kg/h or more, and (ii) be placed at locations where they can detect hydrocarbon gas emissions at the facility; (b) its sensors must take readings (i) in the case of a Type 1 facility, at least once every 15 minutes, and (ii) in the case of a Type 2 facility or an inactive facility, at least once every 12 hours; (c) it must record each reading taken under paragraph (b); and (d) it must generate an alert when the total flow rate of hydrocarbon gas emissions detected at the facility exceeds the facility emission rate by 1 kg/h or more. Calibration (2) All sensors and other equipment that constitute the emission monitoring system must be calibrated in accordance with the manufacturer’s recommendations such that their measurements have a maximum margin of error of ±20%.
Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) — 53.1
Annual inspection 53.1 (1) Subject to subsections (2) and (3), an annual inspection for hydrocarbon gas emissions at an upstream oil and gas facility must be conducted once per calendar year, with no less than 180 days having elapsed since the date of the last annual inspection, by an auditor who (a) is independent of the operator and owner of the facility that is to be inspected; and (b) has knowledge of and experience with emission detection instruments. Exception (2) An annual inspection is not required to be conducted at the upstream oil and gas facility in any calendar year in which an annual inspection is conducted at the facility under subsection 8.12(1). Exception (3) An annual inspection is not required to include the inspection of an equipment component if that inspection would pose a serious risk to human health or safety. Methodology (4) An annual inspection must be conducted using methods that, under standard conditions, provide a 90% or greater probability of detecting hydrocarbon gas emissions at the facility that have a total flow rate of 10 kg/h or more. Record — annual inspection (5) A record must be made that sets out the following information respecting each annual inspection: (a) its date and time; (b) the name and contact information of the auditor who conducted the inspection, along with the name and business address of their employer; (c) a description of the methodology and equipment used; (d) information respecting the calibration of each instrument used; (e) whether hydrocarbon gas emissions were detected; and (f) if hydrocarbon gas emissions were detected, (i) their total flow rate, expressed in kg/h, (ii) the unique identifier, if any, assigned to those emissions by the operator, and (iii) a list of the measures that were taken to reduce those emissions, if any.