Clean Fuel Regulations — 62
Approval by Minister 62 (1) The Minister may approve a certification scheme if the following conditions are met: (a) the Minister is satisfied that the applicable requirements set out in sections 48 to 52 will be met in respect of all of the feedstock certified using the certification scheme’s procedures; (b) the certification scheme is developed and maintained by a person who is the scheme owner and that person (i) has structures in place for operating and managing the certification scheme, (ii) creates, maintains and has control of adequate documentation for the operation, maintenance and improvement of the certification scheme, (iii) has measures in place to respond to complaints with respect to the certification scheme, (iv) has measures in place to retain records securely for 10 years, (v) creates, maintains and has control of an information management system, (vi) protects the confidentiality of information provided by the parties involved in the certification scheme, and (vii) has developed requirements that comply with sections 63 to 67 for certification bodies, as well as requirements regarding the specific competencies required of certification bodies and the way in which certification bodies are to demonstrate their compliance with those requirements; (c) in the case where the feedstock is harvested in accordance with a forest management plan referred to in section 52 , the certification scheme provides that the management plan must be assessed by a specialist in forestry; (d) a plan is in place to review the certification scheme at planned intervals; (e) procedures are in place to review the certification scheme when (i) there is a significant change to the certification scheme, or (ii) a complaint is received that indicates that a review is necessary; (f) procedures, including for considering comments from stakeholders, are in place to ensure that the integrity, exhaustiveness and effectiveness of the certification scheme is verified during reviews; (g) the certification scheme includes procedures to ensure that the following are publicly available: (i) the most recent versions of the certification scheme and documentation for the scheme that are in the common language of each region to which the certification scheme applies, (ii) a list, current to the day, of the feedstock harvesters that are certified under the certification scheme, (iii) a list of certification bodies that are authorized to conduct audits under the certification scheme, (iv) a list of certification bodies that were previously authorized to conduct audits under the certification scheme, including an indication as to whether those bodies are no longer authorized on a permanent or temporary basis, and (v) contact information for the scheme owner; (h) the certification scheme provides that a list of persons who have not complied with the certification scheme must be submitted, on request, to the Minister; (i) in the case of a certification scheme that permits a group of producers to be certified together, the certification scheme requires that (i) the producers in the group use similar production systems and information management systems and harvest feedstock of the same type and in areas that are near each other and have similar climatic conditions, and (ii) there be clear conditions and procedures for a producer to join the group; (j) the certification scheme sets out the measures that a certification body must take if a feedstock producer fails to comply with the certification scheme, including (i) the denial of an application for certification or the revocation of a certificate in accordance with section 71 , or the denial of an application for certification or the suspension of a certificate in accordance with section 72 , in the circumstances indicated by the certification scheme, and (ii) the establishment of procedures in respect of corrective actions that must be taken with respect to the circumstances of non-conformity referred to in se