First application for new or expanded facilities — nitrogen oxides
 20. (1) If the total of all the amounts determined under subsections 15 (6), 16 (4) and 19 (3) in respect of applications for nitrogen oxides emission allowances for a year is less than or equal to the amount of the nitrogen oxides new source set aside for that year, the Director shall send written notice of the amount determined for each facility under subsection 15 (6), 16 (4) or 19 (3) to the owner of the facility and to the operator of the Registry not later than October 1 in the year preceding the year for which the emission allowances are applied for.  O. Reg. 194/05, s. 20 (1). (2) If the total of all the amounts determined under subsections 15 (6), 16 (4) and 19 (3) in respect of applications for nitrogen oxides emission allowances for a year is more than the amount of the nitrogen oxides new source set aside for that year, (a) the Director shall determine adjusted amounts under subsections (3) and (4) in respect of each facility for which an amount was determined under subsection 15 (6), 16 (4) or 19 (3); and (b) the Director shall send written notice of the adjusted amount determined in respect of a facility under clause (a) to the owner of the facility and to the operator of the Registry not later than October 1 in the year preceding the year for which emission allowances are applied for.  O. Reg. 194/05, s. 20 (2). (3) For the purpose of subsection (2), the adjusted amount in respect of a facility in respect of applications made under section 19 for nitrogen oxides emission allowances for a year shall be the lesser of the amount determined under subsection 19 (3) in respect of the facility and the amount determined in accordance with the following formula: A × B ÷ C where, A = the amount determined in respect of the facility under subsection 19 (3), B = the nitrogen oxides new source set aside for the year for which nitrogen oxides emission allowances are applied for, C = the total of all the amounts determined under subsection 19 (3) in respect of all facilities. O. Reg. 194/05, s. 20 (3). (4) For the purpose of subsection (2), the adjusted amount for a facility in respect of applications made in accordance with section 15 or 16 for nitrogen oxides emission allowances for a year shall be determined in accordance with the following formula: A × ((B – C) ÷ D) where, A = the amount determined for the facility under subsection 15 (6) or 16 (4), as the case may be, B = the nitrogen oxides new source set aside for the year for which nitrogen oxides emission allowances are applied for, C = the total adjusted amounts determined under subsection (3), D = the total of all the amounts determined under subsections 15 (6) and 16 (4) for all facilities. O. Reg. 194/05, s. 20 (4). (5) If the total of the amounts determined in respect of facilities in the petroleum sector under subsections 15 (6) and 16 (4) and the amounts determined under subsections 15 (7), 16 (5) and 19 (3) with respect to applications for nitrogen oxides emission allowances for a year is less than or equal to the amount of the nitrogen oxides new source set aside for that year, (a) the Director shall send written notice of the amount determined for each facility under subsections 15 (6) and 16 (4), in respect of facilities in the petroleum sector, and subsections 15 (7), 16 (5) and 19 (3) to the owner of the facility and to the operator of the Registry not later than October 1 in the year preceding the year for which the nitrogen oxides emission allowances are applied for; and (b) on January 1 of the year for which the nitrogen oxides emission allowances are applied for, the owner of a facility shall be deemed to have acquired nitrogen oxides emission allowances in respect of the facility in the amount determined for the facility under subsection 15 (6) or 16 (4), in respect of facilities in the petroleum sector, or subsection 15 (7), 16 (5) or 19 (3), as the case may be.  O. Reg. 194/05, s. 20 (5). (6) If the total of the amounts determined under subsections 15 (6) and 16 (4), in respect of facilities in the petroleum sector and subsections 15 (7), 16 (5) and 19 (3) with respect to applications for nitrogen oxides emission allowances for a year is more than the amount of the nitrogen oxides new source set aside for that year, (a) the Director shall determine adjusted amounts under subsections (7) and (8) in respect of each facility for which an amount was determined under subsection 15 (6) or 16 (4), in respect of facilities in the petroleum sector, or under subsection 15 (7), 16 (5) or 19 (3); (b) the Director shall send written notice of the adjusted amount determined in respect of a facility under clause (a) to the owner of the facility and to the operator of the Registry not later than October 1 in the year preceding the year for which emission allowances are applied for; and (c) on January 1 of the year for which the emission allowances are applied for, the owner of a facility shall be deemed to have acquired nitrogen oxides emission allowances in respect of the facility in the adjusted amount determined for the facility under clause (a) in respect of the facility.  O. Reg. 194/05, s. 20 (6). (7) For the purpose of subsection (6), the adjusted amount in respect of a facility in respect of applications made under section 19 for nitrogen oxides emission allowances for a year shall be the lesser of the amount determined under subsection 19 (3) in respect of the facility and the amount determined in accordance with the following formula: A × B ÷ C where, A = the amount determined in respect of the facility under subsection 19 (3), B = the nitrogen oxides new source set aside for the year for which nitrogen oxides emission allowances are applied for, C = the total of all the amounts determined under subsection 19 (3) in respect of all facilities. O. Reg. 194/05, s. 20 (7). (8) For the purpose of subsection (6), the adjusted amount for a facility in respect of applications made in accordance with section 15 or 16 for nitrogen oxides allowances for a year shall be determined in accordance with the following formula: A × ((B – C) ÷ D) where, A = the amount determined for the facility under subsection 15 (6) or 16 (4), in respect of facilities in the petroleum sector, or subsection 15 (7) or 16 (5), as the case may be, B = the nitrogen oxides new source set aside for the year for which nitrogen oxides emission allowances are applied for, C = the total adjusted amounts determined under subsection (7), D = the total of all the amounts for all facilities as determined under subsections 15 (6) and 16 (4), in respect of facilities in the petroleum sector, and subsections 15 (7) and 16 (5). O. Reg. 194/05, s. 20 (8).