Clean Fuel Regulations — 95
Gaseous class 95 (1) A person who, during a compliance period, produces in Canada or imports into Canada a quantity of low-carbon-intensity fuel that is biogas, renewable natural gas, renewable propane or hydrogen and that displaces, or was sold to displace, the use of a volume of fuel in the gaseous class may create provisional compliance credits in respect of the gaseous class for the compliance period. Excluded gases (2) A person must not create provisional compliance credits under subsection (1) for a compliance period by producing or importing (a) biogas that is converted into renewable natural gas; (b) biogas, renewable natural gas, renewable propane or hydrogen for which provisional compliance credits were created by the carrying out of an emission-reduction project referred to in section 30 ; (c) biogas for which provisional compliance credits were created under section 96 ; or (d) renewable propane, renewable natural gas or hydrogen for which provisional compliance credits were created under section 100 or 104 . Exception — biogas used in equipment (3) A person must not create provisional compliance credits under subsection (1) for a compliance period in respect of the use of biogas in equipment that produces electricity unless the amount determined by the following formula is greater than 0.7: (E total + H) ÷ (Q × D) where E total is the total quantity of electricity produced by the equipment, expressed in megajoules; H is the heat energy produced by the equipment and used or sold, expressed in megajoules; Q is the quantity of the biogas used in the equipment, expressed in cubic metres; and D is, at the election of the person, the energy density of the biogas as set out in item 1, column 2, of Schedule 2, as set out in the Specifications for Fuel LCA Model CI Calculations or as measured in accordance with section 162 . Number of compliance credits (4) The number of compliance credits that the person may create for a compliance period in respect of a particular fuel is determined by the formula CI diff × (Q × D) × 10 -6 where CI diff is (a) in the case of biogas, renewable natural gas or hydrogen, the difference between the reference carbon intensity of biogas, renewable natural gas and hydrogen, as set out in item 2, column 2, of Schedule 1, and the carbon intensity that is the default carbon intensity referred to in paragraph 75 (1)(a), the carbon intensity approved under subsection 85 (1) or the actual carbon intensity specified in the carbon-intensity-pathway report referred to in subsection 123 (1), as the case may be, and (b) in the case of renewable propane, the difference between the reference carbon intensity of renewable propane, as set out in item 3, column 2, of Schedule 1, and the carbon intensity that is the default carbon intensity referred to in paragraph 75 (1)(a), the carbon intensity approved under subsection 85 (1) or the actual carbon intensity specified in the carbon-intensity-pathway report referred to in subsection 123 (1), as the case may be; Q is, subject to subsection 45 (1), the quantity of the biogas — other than biogas referred to in paragraph (2)(a) or (2)(c) — or renewable natural gas, renewable propane or hydrogen — other than renewable natural gas, renewable propane or hydrogen referred to in paragraph (2)(d) — that was produced using an eligible feedstock in Canada or imported into Canada by the person during the compliance period and that is used or sold for use in Canada as neat fuel or as part of a blend, expressed in cubic metres in the case of biogas, renewable natural gas or renewable propane and in kilograms in the case of hydrogen; and D is, at the election of the person, the energy density of the biogas, renewable natural gas, renewable propane or hydrogen as set out in column 2 of Schedule 2, as set out in the Specifications for Fuel LCA Model CI Calculations or, in the case of biogas, as measured in accordance with section 162 .