jswizzle3737/ontario_laws_and_regs huggingface dataset:
Compliance periods
 3. The compliance periods are the following: 1. January 1, 2017 to December 31, 2020. 2. January 1, 2021 to December 31, 2023 and each subsequent three-year period. Part II   Attribution of Greenhouse Gas Emissions
PART II ATTRIBUTION OF GREENHOUSE GAS EMISSIONS
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Attribution of emissions, specified GHG activities
 4. Subject to sections 7, 8 and 9, the following rules apply for the purposes of attributing an amount of greenhouse gas emissions to a person under section 13 of the Act in relation to specified GHG activities engaged in at a facility during a year: 1. If a positive or qualified positive verification statement has been submitted to the Director under the Reporting Regulation in respect of the GHG report with respect to the facility for the year, the amount attributed to the owner or operator of the facility for the year is the verification amount determined under the Reporting Regulation, as set out in the GHG report. 2. If an adverse verification statement has been submitted to the Director under the Reporting Regulation in respect of the GHG report with respect to the facility for the year, the amount attributed to the owner or operator of the facility for the year is the amount determined by the Director in accordance with section 6. 3. If a verification statement was required to be submitted to the Director under the Reporting Regulation in respect of a GHG report with respect to the facility for the year and was not submitted to the Director, the amount attributed to the owner or operator of the facility for the year is the amount determined by the Director in accordance with section 6. 4. If the owner or operator of the facility gives the Director a revised GHG report with respect to the facility for the year on or before the deadline prescribed under subsection 11 (1) for the compliance period, the amount attributed to the person is the amount determined by applying paragraph 1, 2 or 3, as the case may be, in respect of the revised GHG report. 5. If the owner or operator of the facility gives the Director a revised GHG report with respect to the facility for the year after the deadline prescribed under subsection 11 (1) for the compliance period, the amount attributed to the person is the amount determined by applying paragraph 1, 2 or 3, as the case may be, in respect of the revised GHG report only if the result of doing so would be an increase in the amount attributed from the amount attributed based on the original GHG report.
Attribution of emissions, other activities
 5. Subject to subsection 7 (2), the following rules apply for the purposes of attributing the amount of greenhouse gas emissions to a person under section 13 of the Act in relation to electricity importation, natural gas distribution or petroleum product supply engaged in by the person during a year: 1. If a positive or qualified positive verification statement has been submitted to the Director under the Reporting Regulation in respect of the GHG report with respect to the activity for the year, the amount attributed to the person is the amount of greenhouse gas emissions associated with the activity determined under the Reporting Regulation, as set out in the GHG report. 2. If an adverse verification statement has been submitted to the Director under the Reporting Regulation in respect of the GHG report with respect to the activity for the year, the amount attributed to the person for the year is the amount determined by the Director in accordance with section 6. 3. If a verification statement was required to be submitted to the Director under the Reporting Regulation in respect of a GHG report with respect to the activity for the year and was not submitted to the Director, the amount attributed to the person for the year is the amount determined by the Director in accordance with section 6. 4. If the person gives the Director a revised GHG report with respect to the activity for the year on or before the deadline prescribed under subsection 11 (1) for the compliance period, the amount attributed to the person is the amount determined by applying paragraph 1, 2 or 3, as the case may be, in respect of the revised GHG report. 5. If the person gives the Director a revised GHG report with respect to the activity for the year after the deadline prescribed under subsection 11 (1) for the compliance period, the amount attributed to the person is the amount determined by applying paragraph 1, 2 or 3, as the case may be, in respect of the revised GHG report only if the result of doing so would be an increase in the amount attributed from the amount attributed based on the original GHG report.
Attribution amount determined by Director
 6. (1) If the Director is authorized under section 4 or 5 to determine the amount of greenhouse gas emissions attributed to a person in respect of an activity for a year, the Director shall make the determination based on one or more of the following: 1. Any verification statements and verification reports submitted to the Director under the Reporting Regulation or Ontario Regulation 452/09 (Greenhouse Gas Emissions Reporting) made under the Environmental Protection Act in respect of the activity, including any qualifications provided by an accredited verification body. 2. Any other information available to the Ministry in respect of the activity, which may include an environmental compliance approval in respect of the activity. 3. Any information in respect of the activity obtained by the Director by requesting information from the person. 4. Information in respect of similar activities engaged in by persons in Ontario or other jurisdictions. O. Reg. 144/16, s. 6 (1); O. Reg. 473/16, s. 2. (2) Written notice of a proposed amount of a determination under subsection (1) shall set out the following information: 1. The proposed amount. 2. An explanation of how the proposed amount was determined. 3. A statement that the person may, no later than five days following the day the notice was given, submit comments in writing to the Director in respect of the proposed amount. (3) After considering any comments received from the person in respect of a proposed amount, the Director shall give written notice to the person of the final amount determined.
Amount attributed is zero
 7. (1) Despite sections 4 and 6, the amount of greenhouse gas emissions attributed to a voluntary participant in respect of specified GHG activities engaged in at a facility is zero for, (a) any year in respect of which the participant is not registered in respect of the specified GHG activities engaged in at the facility; and (b) the first year in which a GHG report is required to be verified under the Reporting Regulation with respect to the facility. O. Reg. 144/16, s. 7 (1); O. Reg. 257/17, s. 2. (2) Despite sections 4 to 6, the amount of greenhouse gas emissions attributed to a capped participant in respect of specified GHG activities engaged in at a facility is zero for any year in respect of which the participant is not required under the Reporting Regulation to have verified a GHG report with respect to the specified GHG activities engaged in at the facility.
Amount attributed is zero, 2017
 8. (1) This section applies to a mandatory participant who is the owner or operator of a facility at which specified GHG activities are engaged in during a year if the following criteria are met: 1. No participant was required under the 2015 EPA Regulation to have a 2015 EPA report verified with respect to the facility. 2. The participant was required under the 2016 EPA Regulation to have a 2016 EPA report with respect to the facility verified. 3. The primary activity engaged in at the facility is not the activity described in Item 7 of Schedule 2 to the Reporting Regulation. O. Reg. 144/16, s. 8 (1); O. Reg. 473/16, s. 3. (2) Despite sections 4 and 6, the amount of greenhouse gas emissions attributed to the participant in respect of the specified GHG activities engaged in at the facility is zero for 2017.
Amount attributed is zero, first two consecutive years in which verification is required
 9. (1) This section applies to a mandatory participant who is the owner or operator of a facility at which specified GHG activities are engaged in during a year if the following criteria are met: 1. No participant was required under the 2016 EPA Regulation to have a 2016 EPA report verified with respect to the facility. 1.1 No participant was required to have a GHG report verified with respect to the facility in the year immediately before the year in which the participant became a mandatory participant with respect to the facility. 2. The specified GHG activity described in Item 16 of Schedule 2 to the Reporting Regulation was not engaged in at the facility before January 1, 2017. 3. The specified GHG activities engaged in at the facility do not include the activity described in Item 18 of Schedule 2 to the Reporting Regulation. 4. The primary activity engaged in at the facility is not the specified GHG activity described in Item 7 of Schedule 2 to the Reporting Regulation. O. Reg. 144/16, s. 9 (1); O. Reg. 473/16, s. 4; O. Reg. 257/17, s. 3. (2) Despite sections 4 and 6, the amount of greenhouse gas emissions attributed to the participant in respect of the specified GHG activities engaged in at the facility is zero for each of the first two consecutive years following 2016 in respect of which a GHG report with respect to the facility is required to be verified.
Amount attributed is zero, first two consecutive years after re-registration
 9.0.1 (1) This section applies to a capped participant who is the owner or operator of a facility at which specified GHG activities are engaged in during a year if the following criteria are met: 1. A participant was previously required, i. under the 2016 EPA Regulation, to have a 2016 EPA report verified with respect to the facility, or ii. under the Reporting Regulation, to have a GHG report verified with respect to specified GHG activities engaged in at the facility. 2. The capped participant is required to have a GHG report verified with respect to the facility but no participant was required to have a GHG report verified with respect to the facility in the year immediately before the year in which the participant became a capped participant with respect to the facility. 3. The specified GHG activity described in Item 16 of Schedule 2 to the Reporting Regulation was not engaged in at the facility before January 1, 2017. 4. The specified GHG activities engaged in at the facility do not include the activity described in Item 18 of Schedule 2 to the Reporting Regulation. 5. The primary activity engaged in at the facility is not the specified GHG activity described in Item 7 of Schedule 2 to the Reporting Regulation. O. Reg. 257/17, s. 4; O. Reg. 450/17, s. 3. (2) Despite sections 4 and 6, the amount of greenhouse gas emissions attributed to the capped participant in respect of the specified GHG activities engaged in at the facility is zero, (a) in the case of a mandatory participant, for each of the first two consecutive years following the most recent year in which no GHG report was required to be verified with respect to the facility; or (b) in the case of a voluntary participant, for the first year following the most recent year in which no GHG report was required to be verified with respect to the facility. O. Reg. 257/17, s. 4.
Attribution of emissions, change in owner or operator of facility
 9.1 (1) This section applies if a person who is a capped participant in respect of specified GHG activities engaged in at a facility ceases to be the owner or operator of the facility during a compliance period but specified GHG activities continue to be engaged in at the facility during the compliance period under a new owner or operator. O. Reg. 473/16, s. 5. (2) The amount of greenhouse gas emissions attributed to the previous owner or operator in respect of the specified GHG activities engaged in at the facility during the compliance period is zero. O. Reg. 473/16, s. 5. (3) The amount of greenhouse gas emissions attributed to the new owner or operator of the facility for the compliance period includes any amount that, but for subsection (2), would be attributed to the previous owner or operator for the period during the compliance period when the previous owner or operator was a capped participant in respect of the activities at the facility. O. Reg. 473/16, s. 5. (4) If the amount of greenhouse gas emissions attributed to the previous owner or operator under section 7, 8 or 9 for a year was zero, then that attribution shall apply to the new owner or operator as if the new owner had been the previous owner or operator at the time of the attribution. O. Reg. 473/16, s. 5. (5) The previous owner shall give the Director notice of the change of ownership and a statement that the previous owner has complied with section 38 of the Reporting Regulation. The notice shall be in a form approved by the Director. O. Reg. 473/16, s. 5. PART III   Submission of Emission Allowances and Credits for Compliance Period
PART III SUBMISSION OF EMISSION ALLOWANCES AND CREDITS FOR COMPLIANCE PERIOD
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Ontario emission allowance or Ontario credit, equivalence in CO2e
 10. An Ontario emission allowance or Ontario credit is equivalent to one tonne of CO2e.
Instruments created by designated jurisdictions, s. 38 of the Act
 10.1 (1) An instrument set out in Column 1 of the Table to this section that is created by the designated jurisdiction set out opposite the instrument in Column 2 is recognized for use in Ontario’s cap and trade program and is to be treated as the instrument set out opposite the instrument in Column 3 of the Table. O. Reg. 450/17, s. 4. (2) An instrument set out in Column 1 of the Table to this section is equivalent to one tonne of CO2e. Table Item   Column 1 Instrument   Column 2 Designated jurisdiction that created the instrument   Column 3 Treatment of instrument 

  1.   Greenhouse gas emission unit created under the Quebec Regulation.   Quebec   Emission allowance 

  2.   Reserve emission unit created under the Quebec Regulation.   Quebec   Emission allowance 

  3.   Offset credit created under the Quebec Regulation.   Quebec   Offset credit 

  4.   Early reduction credit created under the Quebec Regulation.   Quebec   Early reduction credit 

  5.    California greenhouse gas emissions allowance created under the California Regulation.   California   Emission allowance 

  6.   ARB offset credit created under the California Regulation.   California   Offset credit O. Reg. 450/17, s. 4.
Restriction on transfer of ARB offset credit
 10.2 No ARB offset credit shall be transferred to a compliance account before the day of the applicable deadline for submitting emission allowances and credits under section 14 of the Act. O. Reg. 450/17, s. 4.
Submission of emission allowances, etc., timing
 11. (1) Subject to section 12, the deadline for submitting emission allowances and credits under section 14 of the Act for a compliance period is 8 p.m. eastern standard time or daylight saving time, as the case may be, on November 1 following the end of the compliance period. (2) The deadline prescribed for the purposes of subsection 14 (9) of the Act is 8 p.m. eastern standard time or daylight saving time, as the case may be, on the day that is 180 days following the day a revised GHG report is given to the Director. (3) If the deadline falls on a day that is not a business day, the deadline is 8 p.m. eastern standard time or daylight saving time, as the case may be, on the first business day following the deadline under subsection (1) or (2), as the case may be.
Submission of emission allowances, etc., permanent cessation of activities
 12. (1) This section applies to the submission of emission allowances and credits under section 14 of the Act for a compliance period by a person if, (a) the submission is in respect of greenhouse gas emissions attributed to the person in respect of activities that have ceased permanently before the final year of the compliance period; and (b) the person is not registered as a capped participant in respect of any other activity. (2) The deadline for submitting the emission allowances and credits by a person mentioned in subsection (1) is 8 p.m. eastern standard time or daylight saving time, as the case may be, on November 1 in the year in which the final GHG report is given to the Director with respect to the activities. (3) If the deadline falls on a day that is not a business day, the deadline is 8 p.m. eastern standard time or daylight saving time, as the case may be, on the first business day following the deadline under subsection (2).
Restriction, emission allowances and credits
 13. (1) Subject to subsection (2), no emission allowances may be submitted for a compliance period if they have a vintage year that is later than a year in the compliance period. O. Reg. 450/17, s. 5. (2) Emission allowances that have a vintage year that is either the first or second year following the end of the compliance period may be submitted by a participant for a compliance period if the number of such emission allowances does not exceed the number of Ontario emission allowances distributed to the participant free of charge for those two vintage years under subsection 31 (2) of the Act in respect of the production adjustment calculations done in accordance with the document entitled “Methodology for the Distribution of Ontario Emission Allowances Free of Charge”, published by the Ministry and available from the Ministry, dated November 2017. O. Reg. 450/17, s. 5. (3) The number of offset credits that may be submitted by a participant for a compliance period shall not exceed 8 per cent of the greenhouse gas emissions attributed to the participant for the compliance period. O. Reg. 450/17, s. 5. 14. Revoked: O. Reg. 450/17, s. 5.
Manner of submitting emission allowances and credits to Minister
 15. (1) If emission allowances are transferred to a capped participant’s compliance account as a result of a successful purchase at a sale under section 59 or an auction, the participant submits the emission allowances to the Minister by paying for the purchased emission allowances. O. Reg. 144/16, s. 15 (1); O. Reg. 450/17, s. 6 (1). (2) A capped participant may submit to the Minister emission allowances, offset credits and early reduction credits by taking the following steps: 1. A designated account representative of the participant must submit to the Minister and to all other designated account representatives of the participant a notice of the participant’s intent to submit the emission allowances and credits. 2. A second designated account representative of the participant must, no later than two days following the submission of the notice of intent under paragraph 1, submit to the Minister and to all other designated account representatives of the participant a confirmation of the participant’s intent to submit the emission allowances and credits. O. Reg. 450/17, s. 6 (2). (3) A capped participant may only submit emission allowances and credits under subsection (2) if the emission allowances or credits are held in the participant’s holding account. O. Reg. 144/16, s. 15 (3); O. Reg. 450/17, s. 6 (3). (4) Upon receipt of a confirmation under paragraph 2 of subsection (2), the Minister shall transfer the emission allowances and credits to the participant’s compliance account. O. Reg. 144/16, s. 15 (4); O. Reg. 450/17, s. 6 (3). (5) If the Minister asks a designated account representative of a participant for information relating to the submission of emission allowances or credits under this section, the account representative shall give the information to the Minister no later than five days following the request or such later day as may be specified by the Minister.
Minister’s removal of emission allowances and credits from compliance account
 16. (1) After the applicable deadline for submitting emission allowances and credits under section 14 of the Act for a compliance period, the Minister shall take the steps set out in subsection (2) in respect of each capped participant’s compliance account, in the order in which the steps are set out, until the earlier of the following: 1. The amount of emission allowances and credits removed by the Minister from the compliance account is equal to the amount of emission allowances and credits required to be submitted by the participant for the compliance period. 2. The Minister has taken all of the steps set out in subsection (2). O. Reg. 144/16, s. 16 (1); O. Reg. 450/17, s. 7 (1). (2) The steps to be taken in respect of the compliance account are the following: 1. The Minister shall remove any offset credits that may be submitted for the compliance period, beginning with the credits that were issued first and continuing chronologically to the most recently issued credits. 2. The Minister shall remove any emission allowances that do not have a vintage year until no more of those allowances remain in the compliance account. 3. The Minister shall remove any early reduction credits until no more of those credits remain in the compliance account. 4. The Minister shall remove any emission allowances that may be submitted for the compliance period, beginning with the emission allowances with the earliest vintage year and continuing chronologically to the emission allowances with the most recent vintage year, until no more of those emission allowances remain in the compliance account. 5.  Revoked: O. Reg. 450/17, s. 7 (5). O. Reg. 144/16, s. 16 (2); O. Reg. 450/17, s. 7 (2-5). (3) The Minister shall retire from circulation all emission allowances and credits removed by the Minister under this section.
Restriction on accounts, shortfall
 17. (1) If a capped participant fails to submit all of the required emission allowances and credits on or before the applicable deadline in accordance with this Regulation, the participant’s authority to deal with emission allowances and credits in the participant’s cap and trade accounts is restricted under paragraph 4 of subsection 14 (7) of the Act as follows: the participant is prohibited from transferring emission allowances or credits from the participant’s holding account to any other account other than the participant’s compliance account. (2) If the restriction described in subsection (1) applies, the authority of the capped participant’s designated account representative to transfer emission allowances and credits held in the participant’s holding account to any account other than the participant’s compliance account is suspended.
Notice of continuing shortfall
 19. A notice under subsection 14 (8) of the Act shall include, in addition to the amount of the outstanding obligations, the following: 1. A statement explaining that if the participant is eligible to apply for the distribution of emission allowances free of charge under subsection 31 (2) of the Act, the number of emission allowances the participant would be eligible to receive in the following year may decrease by the number of outstanding emission allowances and credits. 2. The deadline for submitting sufficient emission allowances or credits to satisfy the outstanding obligations, which must be 30 days from the day that the notice is given. 3. A statement that the Director may issue an order under subsection 14 (8) of the Act if the participant does not satisfy the outstanding obligations by the specified deadline.
Failure to remedy continuing shortfall
 20. The amount required to be paid by an order under paragraph 1 of subsection 14 (8) of the Act shall be determined by applying the following formula: A = B × C where, A = the amount required to be paid, B = the lowest bid price accepted for Auction Class 1 emission allowances at the most recent auction, and C = the amount of outstanding obligations at the time of the determination.
Minister’s removal of emission allowances and credits due to discrepancy
 20.1 (1) If a capped participant was required to give the Director a revised report under section 26 of the Reporting Regulation due to a discrepancy described in that section, the Minister may, under subsections 14 (7) and (9) of the Act, remove emission allowances and credits from the participant’s compliance account in respect of the discrepancy as follows: 1. Allowances and credits shall be removed in accordance with subsections 16 (1) and (2). 2. If the amount of allowances and credits removed under paragraph 1 is insufficient to account for the discrepancy, the Minister shall remove any remaining emission allowances held in the participant’s compliance account, beginning with the emission allowances with the earliest vintage year and continuing chronologically to the emission allowances with later vintage years, until no more of those emission allowances remain in the compliance account. 3. If the amount of allowances and credits removed under paragraph 2 is insufficient to account for the discrepancy, further allowances and credits shall be removed in accordance with subsections 18 (2) and (3). 4. For the purposes of removing allowances and credits under this section in accordance with subsections 16 (1), (2), 18 (2) and (3), those subsections apply, with necessary modifications, and the compliance period that applies is the compliance period that includes the year in respect of which the revised report was made. O. Reg. 473/16, s. 6; O. Reg. 450/17, s. 9. (2) The Minister shall retire from circulation all emission allowances and credits removed by the Minister under this section. O. Reg. 473/16, s. 6. Part iv   Registration in the Cap and Trade Program Mandatory Participants
PART IV REGISTRATION IN THE CAP AND TRADE PROGRAM
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Mandatory Participants
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Registration not required
 21. (1) Subsection 15 (1) of the Act does not apply to the owner or operator of a facility in respect of specified GHG activities engaged in at a facility if the facility meets all of the following criteria: 1. The primary activity engaged in at the facility is the specified GHG activity described in Item 7 of Schedule 2 to the Reporting Regulation. 2. No products are produced at the facility other than electricity and any heat, steam or by-product gas. 3. The facility does not receive natural gas directly from an international or inter-provincial natural gas transmission pipeline. 4. No electricity is generated at the facility from the incineration of waste. 5. No electricity is generated at the facility from a fuel other than natural gas, petroleum products, process gas or biomass. O. Reg. 144/16, s. 21; O. Reg. 473/16, s. 7 (1); O. Reg. 257/17, s. 5. (2) Subsection 15 (1) of the Act does not apply to a person who is an Ontario clearing house. O. Reg. 473/16, s. 7 (2); O. Reg. 450/17, s. 10.
Registration in 2016
 22. (1) A person who meets one of the following descriptions is required to register no later than November 30, 2016 as a mandatory participant under subsection 15 (1) of the Act: 1. A person who was required under the 2015 EPA Regulation to prepare and have verified a 2015 EPA report. 2. Subject to subsection (2), a person who was required under the 2016 EPA Regulation to prepare a 2016 EPA report but was exempt under section 26 of that regulation from the requirement to have the report verified. 3. Subject to subsection (3), a person who was required under the 2016 EPA Regulation to prepare and have verified a 2016 EPA report with respect to a facility that meets the following criteria: i. The primary activity engaged in at the facility is the specified GHG activity described in Item 7 of Schedule 2 to the Reporting Regulation. ii. No products are produced at the facility other than electricity and any heat, steam or by-product gas. iii. The facility receives natural gas directly from an international or inter-provincial natural gas transmission pipeline. (2) If, were it not for section 26 of the 2016 EPA Regulation, the requirement to verify the 2016 EPA report mentioned in paragraph 2 of subsection (1) would have been triggered on or after November 30, 2016, then the person is required to register no later than March 31, 2017. (3) If the requirement to verify the report mentioned in paragraph 3 of subsection (1) is triggered on or after November 30, 2016, then the person is required to register no later than March 31, 2017. (4) A person described in paragraph 1, 2 or 3 of subsection (1) shall register as a mandatory participant in respect of the activities with respect to which each of the person’s reports mentioned in subsection (1) relate.
Registration in 2017 re 2016 activities
 23. (1) A person who meets the following criteria is required to register no later than September 1, 2017 as a mandatory participant under subsection 15 (1) of the Act: 1. The person was required under the 2016 EPA Regulation to prepare a 2016 EPA report and to have the report verified. 2. The person is not a person described in paragraph 1 of subsection 22 (1) of this Regulation. (2) The person shall register as a mandatory participant in respect of the activities with respect to which each of the person’s 2016 EPA reports relate.
Registration in 2017 and subsequent years
 24. (1) A person who is required under subsection 11 (2) of the Act to have a GHG report verified is required to register under subsection 15 (1) of the Act as a mandatory participant in accordance with the following rules: 1. Subject to subsections (2) and (3), if the verification is of a GHG report with respect to specified GHG activities engaged in during a year at a facility, the person shall register in respect of those activities no later than September 1 in the following year. 2. If the verification is of a GHG report with respect to electricity importation during a year, the person shall register in respect of that activity, i. no later than September 1 in the same year, if the person imports electricity before September 1, or ii. no later than March 31 in the following year, if the person only imports electricity on or after September 1. 3. If the verification is of a GHG report with respect to natural gas distribution during a year, the person shall register in respect of that activity, i. no later than September 1 in the same year, if the requirement to verify the report is triggered before September 1, or ii. no later than March 31 in the following year, if the requirement to verify the report is triggered on or after September 1. 4. If the verification is of a GHG report with respect to petroleum product supply during a year, the person shall register in respect of that activity, i. no later than September 1 in the same year, if the requirement to verify the report is triggered before September 1, or ii. no later than March 31 in the following year, if the requirement to verify the report is triggered on or after September 1. (2) If the specified GHG activities engaged in during a year at the facility include the activity described in Item 18 of Schedule 2 to the Reporting Regulation, the person shall register in respect of the specified GHG activities, (a) no later than September 1 in the same year, if the requirement to verify the report is triggered before September 1; or (b) no later than March 31 in the following year, if the requirement to verify the report is triggered on or after September 1. (3) If the specified GHG activities are engaged in during a year at a facility that meets the criteria set out in paragraph 3 of subsection 22 (1), the person shall register in respect of the specified GHG activities, (a) no later than September 1 in the same year, if the requirement to verify the report is triggered before September 1; or (b) no later than March 31 in the following year, if the requirement to verify the report is triggered on or after September 1.
Information to be provided
 25. A person who is required to register as a mandatory participant shall give the Director the information set out in Schedule 1 and the following information relating to each activity and each facility in respect of which the person is required to register as a mandatory participant: 1. Any unique identifiers that have been provided to the person by the Ministry in respect of each activity and facility in respect of which a GHG report is required to be verified for the purposes of the 2015 EPA Regulation, the 2016 EPA Regulation or the Reporting Regulation. 2. All primary NAICS codes and any secondary NAICS codes related to each activity and facility. 3. The names and contact information of any persons responsible for preparing a 2015 EPA report, a 2016 EPA report or a GHG report in respect of the activities. O. Reg. 257/17, s. 6.
New owner, operator
 26.1 Despite section 23, if a person who is a mandatory participant in respect of specified GHG activities engaged in at a facility ceases to be the owner or operator of the facility, the new owner or operator of the facility is required to register as a mandatory participant in respect of specified GHG activities at the facility no later than 30 days after becoming the new owner or operator of the facility. O. Reg. 473/16, s. 9.
Cancellation
 27. (1) For the purposes of subsection 20 (1) of the Act, a mandatory participant must request the cancellation of the participant’s registration in writing. (2) If the Director proposes to refuse to cancel a mandatory participant’s registration after receiving a request to do so, the Director shall give written notice to the participant, setting out the following: 1. The proposed refusal and the reasons for the proposed refusal. 2. A statement that the participant may, no later than five days following the day the notice was given, submit comments in writing to the Director in respect of the proposed refusal. (3) After considering any comments received from the mandatory participant in respect of a proposed refusal, the Director shall give written notice to the participant of the Director’s decision. Voluntary Participants
Voluntary Participants
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Registration not permitted
 28. (1) A person who is the owner or operator of a facility that meets all of the criteria set out in paragraphs 1 to 5 of section 21 is not permitted to apply for registration as a voluntary participant in respect of the specified GHG activities engaged in at the facility. O. Reg. 144/16, s. 28; O. Reg. 473/16, s. 10 (1). (2) A person who is an Ontario clearing house is not permitted to apply for registration as a voluntary participant. O. Reg. 473/16, s. 10 (2); O. Reg. 450/17, s.12.
Registration in 2016
 29. (1) A person who meets the following criteria may apply in 2016 to register as a voluntary participant under subsection 16 (1) of the Act in respect of specified GHG activities engaged in at a facility: 1. The person is the owner or operator of the facility. 2. The person is not required to register as a mandatory participant in respect of the specified GHG activities engaged in at the facility. 3. The amount of CO2e emitted during 2015 from all Table 2 activities, within the meaning of the 2016 EPA Regulation, that were engaged in at the facility, as quantified under paragraph 4 of subsection 7.3 (2) of the 2016 EPA Regulation, was 10,000 tonnes of CO2e or more. 4. The person has given the Director a report in accordance with subsection (2) with respect to all Table 2 activities, within the meaning of the 2016 EPA Regulation, that were engaged in at the facility during 2015. 5. The person has had the report mentioned in paragraph 4 verified in accordance with subsection (2) and has given the Director a positive or qualified positive verification statement that was prepared in respect of the report in accordance with the 2016 EPA Regulation. (2) The report mentioned in paragraph 4 of subsection (1) must be prepared in accordance with section 7 of the 2016 EPA Regulation and verified in accordance with the requirements set out in that regulation relating to the verification of reports.
Registration in 2017
 30. (1) A person who meets the following criteria may apply in 2017 to register as a voluntary participant under subsection 16 (1) of the Act in respect of specified GHG activities engaged in at a facility: 1. The person is the owner or operator of the facility. 2. The person is not required to register as a mandatory participant with respect to the specified GHG activities engaged in at the facility. 3. The person is required under the 2016 EPA Regulation to give the Director a 2016 EPA report with respect to the specified GHG activities engaged in at the facility. 4. The person has had the report mentioned in paragraph 3 verified in accordance with subsection (2) and has given the Director a positive or qualified positive verification statement that was prepared in respect of the report in accordance with the 2016 EPA Regulation. (2) The report mentioned in paragraph 3 of subsection (1) must be verified in accordance with the requirements set out in the 2016 EPA Regulation relating to the verification of reports.
Registration after 2017
 31. (1) A person may apply in a year following 2017 for registration in that year as a voluntary participant under subsection 16 (1) of the Act in respect of specified GHG activities engaged in at a facility if the following criteria are met: 1. The person is the owner or operator of the facility. 2. The person is not required to register as a mandatory participant in respect of the specified GHG activities engaged in at the facility. 3. The person was required to give the Director a GHG report with respect to the specified GHG activities engaged in at the facility in the year prior to the year in which the application is made. 4. The verification amount set out in the GHG report mentioned in paragraph 3 is 10,000 tonnes of CO2e or more. 5. The person has had the report mentioned in paragraph 3 verified in accordance with subsection (2) and has given the Director a positive or qualified positive verification statement that was prepared in respect of the report in accordance with the Reporting Regulation. O. Reg. 144/16, s. 31 (1); O. Reg. 450/17, s.13. (2) The report mentioned in paragraph 3 of subsection (1) must be verified in accordance with the requirements set out in the Reporting Regulation relating to the verification of GHG reports.
Registration, use of indirect useful thermal energy
 31.1 A person who is the owner or operator of a facility may apply for registration as a voluntary participant in a year in respect of activities engaged in at the facility if the following criteria are met: 1. The person is not eligible under section 30 or 31 to apply for registration as a voluntary participant. 2. The person is not a mandatory participant. 3. The use of indirect useful thermal energy is engaged in at the facility in the year in which the application is made and was engaged in at the facility during the previous year. 4. The amount of greenhouse gas emitted from the use of indirect useful thermal energy and other specified GHG activities engaged in at the facility during the previous year, as calculated in accordance with the following formula, is 10,000 tonnes of CO2e or more: T = (A − B) where, T = the amount, A = the amount of greenhouse gas emitted during the specified GHG activities engaged in at the facility, quantified in accordance with section 4 of the Reporting Regulation, and B = the portion of “A” that is carbon dioxide emitted from the combustion of biomass. 5. The person has given the Director a report, prepared in accordance with the requirements relating to GHG reports in the Reporting Regulation, with respect to any specified GHG activities engaged in at the facility in the previous year. 6. The person has had the report mentioned in paragraph 5 verified in accordance with the requirements set out in the Reporting Regulation relating to the verification of GHG reports and has given the Director a positive or qualified positive verification statement that was prepared in respect of the report in accordance with the Reporting Regulation. O. Reg. 473/16, s. 11.
Information to be provided
 32. A person who applies to register as a voluntary participant must give the Director the information set out in Schedule 1 and the information set out in paragraphs 1 to 3 of section 25 relating to each activity in respect of which the person is registered or wishes to register as a voluntary participant.
Director’s powers, application to register
 33. (1) If the Director proposes to refuse an application for registration as a voluntary participant, the Director shall give written notice to the applicant, setting out the following: 1. The proposed refusal and the reasons for the proposed refusal. 2. A statement that the participant may, no later than five days following the day the notice was given, submit comments in writing to the Director in respect of the proposed refusal. (2) After considering any comments received from the applicant in respect of a proposed refusal, the Director shall, (a) register the applicant as a voluntary participant; or (b) give the applicant written notice of the Director’s refusal of the application.
New owner, operator
 34.1 If a person who is a voluntary participant in respect of specified GHG activities engaged in at a facility ceases to be the owner or operator of the facility, the new owner or operator of the facility is required to register as a voluntary participant in respect of specified GHG activities at the facility no later than 30 days after becoming the new owner or operator of the facility. O. Reg. 473/16, s. 13.
Cancellation
 35. (1) For the purposes of subsection 20 (2) of the Act, a voluntary participant must request the cancellation of the participant’s registration in writing. (2) If the Director proposes to refuse to cancel a voluntary participant’s registration after receiving a request to do so, the Director shall give written notice to the participant, setting out the following: 1. The proposed refusal and the reasons for the proposed refusal. 2. A statement that the participant may, no later than five days following the day the notice was given, submit comments in writing to the Director in respect of the proposed refusal. (3) After considering any comments received from the voluntary participant in respect of a proposed refusal, the Director shall give written notice to the participant of the Director’s decision. (4) The Director may cancel a voluntary participant’s registration under subsection 20 (6) of the Act if the participant is no longer required to give GHG reports to the Director under the Reporting Regulation with respect to the specified GHG activities in respect of which the participant is registered as a voluntary participant. Market Participants
Market Participants
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Registration
 36. (1) A person that is not an owner, operator or employee of a mandatory or voluntary participant may apply to the Director for registration as a market participant under subsection 17 (1) of the Act if, (a) the person is an individual and the person resides in Canada; or (b) the person is not an individual and the person has an establishment in Canada. O. Reg. 473/16, s. 14. (2) A person applying to register as a market participant must give the Director the information set out in Schedule 1 of this Regulation. (3) If the Director proposes to refuse an application for registration as a market participant, the Director shall give written notice to the applicant, setting out the following: 1. The proposed refusal and the reasons for the proposed refusal. 2. A statement that the participant may, no later than five days following the day the notice was given, submit comments in writing to the Director in respect of the proposed refusal. (4) After considering any comments received from the applicant in respect of a proposed refusal, the Director shall, (a) register the applicant as a market participant; or (b) give the applicant written notice of the Director’s refusal of the application.
Conditions
 37. (1) It is a condition of registration as a market participant that the participant must notify the Director of any change to the following information no later than 30 days following the change: 1. Information required under subsection 36 (2). 2. Any other information required by the Director upon application for registration. O. Reg. 450/17, s.15. (2) Subject to subsections (3) and (4), if a participant was not required to provide some of the information set out in Schedule 1 at the time of registration because the participant was registered before the day Ontario Regulation 450/17 made under the Act came into force, the participant shall provide that information to the Director no later than January 30, 2018 and the condition set out in paragraph 1 of subsection (1) applies to the participant in respect of that information on and after January 30, 2018. O. Reg. 450/17, s.15. (3) If the participant mentioned in subsection (2) wishes to participate in the first auction held in 2018, for the purposes of paragraph 1 of subsection 67 (1), it is a condition of the participant’s registration that no later than 40 days before the day of the auction, the participant must submit the information to the Director and update the information. O. Reg. 450/17, s.15. (4) If a person is a related person in respect of a participant mentioned in subsection (2) who wishes to participate in the first auction held in 2018, for the purposes of paragraph 1 of subsection 67 (1), it is a condition of the related person’s registration that no later than 40 days before the day of the auction, the related person must submit the information to the Director and update the information. O. Reg. 450/17, s.15.
Cancellation
 38. (1) For the purposes of subsection 20 (2) of the Act, the prescribed criteria for cancellation of the registration of a market participant are the following: 1. The participant has requested the cancellation in writing. 2. No emission allowances or credits remain in the participant’s holding account. (2) If the Director proposes to refuse to cancel a market participant’s registration after receiving a request to do so, the Director shall give written notice to the participant, setting out the following: 1. The proposed refusal and the reasons for the proposed refusal. 2. A statement that the participant may, no later than five days following the day the notice was given, submit comments in writing to the Director in respect of the proposed refusal. (3) After considering any comments received from the market participant in respect of a proposed refusal, the Director shall give written notice to the participant of the Director’s decision. (4) The Director may cancel a market participant’s registration under subsection 20 (6) of the Act in any of the following circumstances: 1. The participant has been convicted of an offence under section 21, 28 or 29 of the Act or a similar offence under the law in respect of a corresponding program of a designated jurisdiction. 1.1 The participant has been convicted of an offence under the Securities Act or Commodity Futures Act. 1.2 The participant has been convicted of an offence similar to an offence mentioned in paragraph 1.1 under the law in a designated jurisdiction. 1.3 The participant’s status as an externally authorized participant has been cancelled in a designated jurisdiction for a reason other than a request of the participant. 2. Subject to subsection (5), there has been no activity with respect to the participant’s holding account for six years and no emission allowances or credits remain in the account. O. Reg. 144/16, s. 38 (4); O. Reg. 450/17, s.16. (5) If the circumstances in paragraph 2 of subsection (4) apply, the Director shall give written notice to the participant of the Director’s intention to cancel the participant’s registration and shall only cancel the registration if, after 30 days following the day on which the notice was given, no activity has occurred with respect to the holding account. Part V   Cap and Trade Accounts and Transactions
PART V CAP AND TRADE ACCOUNTS AND TRANSACTIONS
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Cap and trade accounts
 39. (1) The Director shall establish a holding account for each registered participant, to and from which emission allowances and credits may be transferred. (2) In addition to the holding account mentioned in subsection (1), the Director shall establish a compliance account for each capped participant.