GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Clean Fuel Regulations — 147
Five consecutive verifications 147 (1) An individual who acts as an independent reviewer with respect to the verification of an application or a report or who carries out any verification activities for the person who is making the application or submitting the report must not act as an independent reviewer or carry out any verification activities for that same person with respect to the same type of application or report for more than five consecutive compliance periods. Three compliance periods (2) An individual who, for five consecutive compliance periods, has acted as an independent reviewer with respect to the verification of an application or a report or carried out verification activities for the person who made the application or submitted the report must not act as an independent reviewer or carry out verification activities for that same person for three consecutive compliance periods beginning on the day on which the most recent verification report was submitted to the Minister. Limitation — five compliance periods (3) A person who has made an application or submitted a report must not act as an independent reviewer with respect to the verification of the same type of application or a report or carry out verification activities for the same type of application or report unless five compliance periods have elapsed between the day on which they made the application or submitted the report and the day on which the independent review or the verification, as the case may be, begins. Employees of federal public administration (4) An employee of the federal public administration who administers or implements these Regulations or carries out any related activities must not carry out any activity that is part of a verification of an application or report or an independent review of a verification, unless five compliance periods have elapsed between the day on which their employment ends and the day on which the independent review or the verification, as the case may be, begins. Verification of reports related to applications (5) An individual must not carry out verification activities for a report submitted under any of sections 120 to 123 or act as an independent reviewer with respect to the verification of such a report if, during the five preceding years, they carried out verification activities, or acted as the independent reviewer, with respect to an application made under subsection 80 (1) or 91 (1) for the approval of a carbon intensity that is referred to in the report. Verification of certain reports (6) An individual who carried out verification activities for a report that was submitted under section 123 or acted as an independent reviewer with respect to the verification of such a report must not, during the same compliance period, act as an independent reviewer or carry out verification activities with respect to a report that was submitted under section 120 , 121 or 122 if the report was submitted by the same person who submitted the report under section 123 and it relates to the same carbon intensity.
Clean Fuel Regulations — 148
Verification of application and report 148 (1) The verification of an application or report must be conducted by a verification body in accordance with (a) ISO Standard 14064-3:2019, at a reasonable level of assurance; and (b) the Methods for Verification and Certification. Audit of financial information (2) The verification of an application or a report that includes any financial information must include an audit of the information that is conducted in accordance with Canadian auditing standards, the primary source of which is the CPA Canada Handbook – Assurance , at a reasonable level of assurance. Critical review (3) The verification of an application referred to section 130 or report submitted under section 123 that includes any information relating to the life cycle of a fuel must include a critical review of the life-cycle assessment that is conducted in accordance with ISO Standard 14044.
Clean Fuel Regulations — 149
Criteria 149 For the purposes of ISO Standard 14064-3:2019, a reference to “criteria” in subclause 3.6.10 of that Standard is to be read as (a) in the case of an audit of financial information referred to in subsection 148 (2), the International Financial Reporting Standards , published by the International Accounting Standards Board, or the Accounting Standards for Private Enterprises , published by the Accounting Standards Board; (b) in the case of a critical review of a life-cycle assessment referred to in subsection 148 (3), ISO Standard 14044; and (c) in any other case, a reference to these Regulations and the applicable emission-reduction quantification method established under subsection 31 (1) or 32 (1).
Clean Fuel Regulations — 150
Materiality quantitative threshold 150 For the purposes of subclause 5.1.7 of ISO Standard 14064-3:2019, the quantitative materiality thresholds are equal to, (a) in the case of a carbon intensity, (i) 1 gCO 2 e/MJ, if the absolute value of the carbon intensity is less than 20 gCO 2 e/MJ, (ii) 5%, if the absolute value of the carbon intensity is between 20 and 100 gCO 2 e/MJ, and (iii) 5 gCO 2 e/MJ, if the absolute value of the carbon intensity is greater than 100 gCO 2 e/MJ; and (b) in any other case, 5%.
Clean Fuel Regulations — 151
Material qualitative misstatements 151 The verification body must assess any qualitative misstatements contained in an application or report to determine if they are material qualitative misstatements.
Clean Fuel Regulations — 152
Site visits 152 (1) In addition to meeting the requirements set out in ISO Standard 14064-3:2019 in relation to site visits, the verification of an application or a report must include, (a) in the case of a verification of an application or a report that relates to no more than five sites, a visit by the verification body to each site at least once every five years after the first site visit; and (b) in the case of the verification of an application or report that relates to more than five sites, a visit by the verification body to each material site if there is a high risk of misreporting and the likely cause of any misreporting is at the site and if remote evidence-gathering activities would not reduce the risk to a reasonable level. Interpretation of ISO Standard 14064-3:2019 (2) For the purposes of ISO Standard 14064-3:2019, a reference to a “site” in subclause 3.6.13 of that Standard is to be read as a reference to (a) the facility at which a fuel, material input or energy source is produced; (b) the location where a CO 2 e-emission-reduction project described in section 30 is carried out; (c) the location where a feedstock used to produce a low-carbon-intensity fuel is harvested; (d) the point of import into Canada of a low-carbon-intensity fuel; (e) a charging station or fuelling station; or (f) the location of a centralized computer data management system that relates to an application or report.
Clean Fuel Regulations — 153
Aggregate quantitative misstatements 153 (1) Any quantitative misstatements in an application or report, other than those that are negligible, must be aggregated to determine their overall effect on the information in the application or report. Negligible quantitative misstatement (2) For the purposes of subsection (1), a quantitative misstatement is considered negligible if its value is less than 5% of the applicable materiality quantitative threshold referred to in section 150 . Material quantitative misstatement (3) The aggregate value of quantitative misstatements in an application or a report is considered to be material when the result determined by the following formula is greater than the applicable materiality quantitative threshold referred to in section 150 : (A ÷ B) × 100 where A is the aggregate value of the quantitative misstatements in the application or report; and B is the absolute corrected value of quantitative misstatements, as determined by the verification body based on the data that, in the opinion of the verification body, should have been used to calculate those values in the application or report.
Clean Fuel Regulations — 154
Opinion 154 The verification of an application or report must result in (a) an unqualified opinion, if the verification body finds that the application or report does not contain any material misstatements and was prepared in accordance with these Regulations; (b) a qualified opinion, if the verification body finds that the application or report contains one or more misstatements that are not material or finds that there is not sufficient evidence to establish whether the misstatements are material but that their effect on the application or report is not material; (c) an adverse opinion, if the verification body finds that the application or report does not present a true and fair view in all material aspects or does not meet the criteria referred to in section 149 ; or (d) the disclaimer of the verification, if the verification body finds that it does not have sufficient information or evidence to reach a decision.
Clean Fuel Regulations — 155
Export — request for cancellation and report 155 (1) If compliance credits are created by the production in Canada or import into Canada of a low-carbon-intensity fuel that is subsequently exported, the following persons must request the cancellation of the compliance credits and report the export of the fuel to the Minister: (a) in the case where the fuel is exported by a primary supplier or registered creator, the primary supplier or registered creator who exported the fuel; (b) in the case where the compliance credits have been the subject of a transfer request referred to in section 108 and the fuel is exported by a person who is not a primary supplier or registered creator, the primary supplier or registered creator who received the fuel from the registered creator who created those compliance credits; or (c) in any other case, the registered creator who created the compliance credits as provisional compliance credits. Cancellation request in report (2) The request for the cancellation of the compliance credits must be included in the following: (a) if the cancellation request is made by a registered creator, the report that they submit under section 122 ; or (b) if the cancellation request is made by a primary supplier who is not a registered creator, the report that they submit under section 127 . Credit-creation report (3) In the annual credit-creation report that a registered creator submits under section 120 respecting the creation of provisional compliance credits during a compliance period, the registered creator must subtract the following from those credits: (a) the compliance credits created from the production in Canada or import into Canada of a low-carbon-intensity fuel under section 19 or 20 that is subsequently exported; or (b) the number of compliance credits determined in accordance with subsection 88 (2) or 90 (2).
Clean Fuel Regulations — 156
Re-submission of report 156 A registered creator must, within 60 days after the day on which they learn of an error made in a report that they submitted under these Regulations, other than a report submitted under section 121 , if the error exceeds the significance threshold provided in the Methods for Verification and Certification, submit to the Minister (a) an updated report in which the error has been corrected; and (b) an updated verification report that contains a verification statement with respect to the corrected version of the report.
Clean Fuel Regulations — 157
Notice of error 157 A registered creator must, within five days after the day on which they learn of an error made in a report that they submitted under subsection 120 (1) or 122 (1) that resulted in the deposit of a number of compliance credits into one of their accounts opened under section 28 that is greater than the number that should have been deposited, send a notice of that error to the Minister that indicates (a) the name of the report that contains the error and the date on which it was submitted; (b) the provisions of Schedule 11 or 13 to which the error relates and the nature of the error; (c) the difference between the number of compliance credits that were deposited and the number that should have been deposited; and (d) whether the account into which the compliance credits were deposited is a liquid-fuel-compliance-credit account opened under paragraph 28 (a) or a gaseous-fuel-compliance-credit account opened under paragraph 28 (b).
Clean Fuel Regulations — 159
Lifting of suspension 159 If an additional review by the Minister confirms that excess compliance credits were not created, the Minister must lift the suspension of the compliance credits.
Clean Fuel Regulations — 160
Cancellation of excess credits 160 (1) In the following circumstances, the Minister must cancel the excess compliance credits, or the equivalent number of compliance credits, that are in an account referred to in subsection 158 (1) or (2): (a) a person makes a request referred to in subsection 155 (1) for the cancellation of compliance credits; (b) a registered creator sends a notice to the Minister in accordance with section 157 ; or (c) after the Minister has suspended compliance credits under subsection 158 (1) or (2), an additional review by the Minister confirms that excess compliance credits were created. Insufficient number of equivalent credits (2) If the number of excess compliance credits or equivalent compliance credits that are to be cancelled under subsection (1) is greater than the number of such compliance credits in the account, the Minister must send a notice to the account holder that indicates the number of compliance credits that are missing. Obligation to balance credits (3) The account holder must, no later than 90 days after the day on which they receive the notice, (a) ensure that the number of equivalent compliance credits in the account is equal to the number of compliance credits that are missing; and (b) request that the Minister cancel the equivalent compliance credits. Cancellation of missing compliance credits (4) On receipt of the request referred to in paragraph (3)(b), the Minister must cancel the equivalent compliance credits.
Clean Fuel Regulations — 161
Requirements 161 (1) Subject to subsections (2) and (3), a person who is required by these Regulations to record any volume or quantity must determine that volume or quantity (a) by using one or more measurement devices that meet the requirements of the Weights and Measures Act and the regulations made under that Act; (b) in accordance with a measurement standard or method that is appropriate for the determination and cited in the Manual of Petroleum Measurement Standards , published by the American Petroleum Institute; or (c) in accordance with any applicable emission-reduction quantification method established under subsection 31 (1) or 32 (1). Non-application (2) If there is no measurement device, standard or method referred to in subsection (1) that would allow the person to determine the volume or quantity in accordance with that subsection, the person must record the volume or quantity as accurately determined by another person who is independent of them and record the following information obtained from the other person: (a) their name, civic address, postal address, telephone number and, if any, email address; (b) the volume, expressed in cubic metres, or the quantity, expressed in kilograms for solids, in cubic metres for liquid, in cubic metres or kilograms for gas and in kilowatt-hours for electricity, and an indication of the fuel in question; (c) the date on which and the location where the determination was made; and (d) the measurement device, standard or method used to determine the volume or quantity. Volumetric correction (3) Unless otherwise specified by a provision of these Regulations, a person who determines a volume in accordance with subsection (1) must correct the volume to standard conditions. However, a person who imports into Canada a volume of fuel may correct its volume to a temperature of 15.6°C (59°F), if the person records the correction.
Clean Fuel Regulations — 162
Biogas energy density 162 (1) A measurement of the energy density of biogas may be carried out in accordance with the fuel heat content monitoring requirements set out in section 2.D.3 of the document entitled Canada’s Greenhouse Gas Quantification Requirements / Greenhouse Gas Reporting Program , published by the Minister, and must be corrected to standard conditions. Minimum sampling (2) A primary supplier must conduct the sampling of biogas at least once every month. Determination of energy density (3) The weighted average of the energy density of biogas for a compliance period must be determined based on the measurement of energy density weighted by the volume of biogas produced.
Clean Fuel Regulations — 163
Rounding 163 (1) Unless otherwise specified by a provision of these Regulations, a person who performs a calculation or submits a report under these Regulations must round the result of the calculation or all values in the report, as the case may be, in accordance with the rounding procedures set out in International Standard ASTM E29-22, entitled Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications , published by ASTM International. Tonnes of CO 2 e (2) A primary supplier must round the result of a calculation made under section 9 to the nearest whole tonne of CO 2 e or, if the result is halfway between two consecutive whole numbers, to the greater of those whole numbers. Approved carbon intensity (3) A registered creator, carbon-intensity contributor or foreign supplier must round a carbon intensity approved by the Minister under subsection 85 (1) to the nearest whole number or, if the result is halfway between two consecutive whole numbers, to the greater of those whole numbers. Compliance credits (4) A number of compliance credits created under a provision of these Regulations must be rounded to the nearest whole number or, if the result is halfway between two consecutive whole numbers, to the greater of those whole numbers.
Clean Fuel Regulations — 164
Electronic submission — report or notice 164 (1) A person who is required by these Regulations to submit a report or send a notice to the Minister must do so electronically in the form specified by the Minister and the report or notice must bear the signature of the person’s authorized agent. Paper report or notice (2) If the Minister has not specified an electronic form or it is impractical for the person to submit the report or send the notice electronically because of circumstances beyond their control, the person must submit or send a paper version of the report or notice, signed by their authorized agent, in the form specified by the Minister or, if no form has been specified, in any reasonable form. Calculation of carbon intensity (3) A person who submits a calculation of a carbon intensity to the Minister must submit it electronically in the form specified by the Minister or, if no form has been specified, in any reasonable form.
Clean Fuel Regulations — 165
When records are made 165 Except as otherwise provided in these Regulations, any person who is required to record information must record it within 30 days after the day on which it becomes available.
Clean Fuel Regulations — 166
Retention of information 166 (1) A person who is required by these Regulations to record information or keep it up to date, submit a report or plan or send a notice must retain a record of the information or copy of the report, plan or notice, as the case may be, as well as any supporting documents, for a period of 10 years after the day on which the information is recorded or updated, the report or plan is submitted or the notice is sent, as the case may be. Verification or certification body (2) A verification body or certification body must, in accordance with the Methods for Verification and Certification, retain the books and records that they have verified or certified, or a copy of those books and records, for a period of 10 years after the day on which they are verified or certified. Emission-reduction projects (3) A person who is required to retain any information and documents, including reports, plans, notices and supporting documents, that relate to a CO 2 e-emission-reduction project referred to in paragraph 19 (1)(a) or 20 (a) must retain the information and documents for a period of 10 years after the day on which the carrying out of the project ceases to create compliance credits. Location of records (4) A foreign supplier, primary supplier, carbon-intensity contributor or registered creator who is required under subsection (1) or (3) to retain any information or documents, including supporting documents, must keep the information and documents at their principal place of business in Canada or at another place in Canada where they may be inspected, in which case the foreign supplier, primary supplier, carbon-intensity contributor or registered creator must provide the Minister with the civic address of that other place. Exception (5) Despite subsection (4), a registered creator who carries out a CO 2 e-emission-reduction project outside Canada or a foreign supplier or carbon-intensity contributor who is outside Canada may keep the information and documents referred to in that subsection at their principal place of business outside Canada, in which case they must provide the Minister with the civic address of that place.
Clean Fuel Regulations — 167
Records related to compliance units 167 (1) A primary supplier who, on December 31, 2022, is required by section 38 of the Renewable Fuels Regulations to keep a record, a copy of a report or notice or a supporting document that is related to a gasoline compliance unit referred to in subsection 169 (1) of these Regulations or a distillate compliance unit referred to in subsection 170 (1) of these Regulations must keep those documents until March 31, 2033. Other records (2) A primary supplier who, on December 31, 2023, is required by section 38 of the Renewable Fuels Regulations to keep a record, a copy of a report or notice or a supporting document, other than one referred to in subsection (1), must keep those documents for 10 years after the day on which they make the record or submit or send the report or notice, as the case may be. Location of records (3) A primary supplier who is required under subsection (1) or (2) to keep any records, copies or supporting documents must keep them at their principal place of business in Canada, or at another place in Canada where they may be inspected, in which case the primary supplier must provide the Minister with the civic address of that other place.
Clean Fuel Regulations — 168
Information requested by Minister 168 A person who is required to record any information must, on the Minister’s request, provide a copy of the record to the Minister.
Clean Fuel Regulations — 169
Gasoline compliance units 169 (1) If, on April 30, 2024, a primary supplier owns gasoline compliance units under the Renewable Fuels Regulations , the number of compliance credits that is determined by the following formula must be deposited into their account that was opened under paragraph 28 (a) of these Regulations: CI diff × (GCU × D) × 10 -9 where CI diff is the difference between 59 g/MJ and the reference carbon intensity for the liquid class, as set out in item 1, column 2, of Schedule 1 to these Regulations; GCU is the number of gasoline compliance units that the primary supplier owned at the end of the trading period established by the Renewable Fuels Regulations for the 2022 compliance period; and D is 23 419 MJ/m 3 . Volumetric requirement (2) For the purposes of subsection 12 (1), each compliance credit deposited under subsection (1) is deemed to have been created under paragraph 19 (1)(b) or (c) by producing in Canada or importing into Canada an equivalent volume of low-carbon-intensity fuel that is ethanol.