Clean Fuel Regulations — 158
Suspension of excess compliance credits 158 (1) Subject to subsection (2), if the Minister has reason to believe, following the submission of a report by a registered creator or primary supplier under section 120 , subsection 121 (3) or sections 122 or 127 , or following the submission of the form referred to in section 171 , that excess compliance credits have been created, the Minister may suspend the excess compliance credits that are in any of the accounts of the registered creator or primary supplier. Export (2) If the Minister has reason to believe, following the submission of a report by a registered creator under section 120 or 122 or a primary supplier under section 127 , that excess compliance credits have been created by the production in Canada or the import into Canada of a low-carbon-intensity fuel that is subsequently exported, the Minister may suspend the excess compliance credits that are in the account of (a) the primary supplier or registered creator who exported the fuel, in the case where it was exported by a primary supplier or registered creator; (b) the primary supplier or registered creator who acquired the fuel from the registered creator who created the compliance credits, in the case where it was the subject of a transfer request referred to in section 108 and was exported by a person who is not a primary supplier or registered creator; or (c) the registered creator who created the compliance credits as provisional compliance credits, in any other case. Suspension of equivalent compliance credits (3) If any number of the excess compliance credits are not in the accounts referred to in subsections (1) and (2), the Minister may suspend the same number of equivalent compliance credits that are in the accounts or subsequently deposited into the accounts. Notice of suspension (4) When the Minister suspends, under subsection (1) or (2), excess compliance credits that are in an account or suspends, for the first time, equivalent compliance credits under subsection (3), the Minister must send a notice to the account holder. Contents of notice (5) The notice must include (a) the report in which the Minister has reason to believe that an error exists; (b) an indication of the provisions of Schedule 11, 12, 13 or 18, or the provisions of the form referred to in section 171 , to which the error relates as well as the nature of the error; (c) an indication of the account into which the excess compliance credits were deposited; (d) an indication of the number of excess compliance credits that are to be cancelled; (e) an indication of the number of compliance credits, if any, that are suspended under subsection (1) or (2); (f) an indication of the number of equivalent compliance credits, if any, that are suspended under subsection (3) and the compliance period in which they were created; (g) an indication of whether the suspended compliance credits are in a liquid-fuel-compliance-credit account opened under paragraph 28 (a) or a gaseous-fuel-compliance-credit account opened under paragraph 28 (b); and (h) a statement that the Minister will suspend any additional equivalent compliance credits until the number of compliance credits that are suspended is equal to the number of excess compliance credits. No use or transfer (6) Beginning on the day on which the notice referred to in subsection (4) is received by the account holder and ending on the day on which the suspension is lifted, the account holder must not use suspended compliance credits to comply with the total reduction requirement or a volumetric requirement set out in subsection 6 (1) or 7 (1) and must not transfer suspended compliance credits under section 106 or 112 .