Adjustments to sulphur dioxide emission allowances
 36. (1) On or before October 1 of the fifth year after the year in which the Director gives notice to the operator of the Registry in respect of a facility under subsection 35 (1) or (2), the Director shall determine in accordance with this section whether an adjustment to the amount of sulphur dioxide emission allowances set out in the notice is required.  O. Reg. 194/05, s. 36 (1). (2) If the notice given under subsection 35 (1) or (2) was given as a result of an application made under section 30, an adjustment shall be made if the Director determines that the quotient of the following calculation is less than .75: A ÷ B where, A = the largest amount of regulated product that was produced by the facility in any one year of the four years immediately after the year in which notice was given in respect of the facility to the operator of the Registry under subsection 35 (1) or (2), as the case may be, B = the value assigned to “B” in subsection 30 (6) in the application made under section 30 in respect of the facility. O. Reg. 194/05, s. 36 (2). (3) If the number determined in accordance with subsection (2) is less than .75, the Director shall determine the following: (1 – A ÷ B) × D where, A = the largest amount of regulated product that was produced by the facility in any one year of the four years immediately after the year in which notice was given in respect of the facility to the operator of the Registry under subsection 35 (1) or (2), as the case may be, B = the value assigned to “B” in subsection 30 (6) in the application made under section 30 in respect of the facility, D = the amount of sulphur dioxide emission allowances set out in the notice given by the Director to the operator of the Registry in respect of the facility under subsection 34 (1) or (2), as the case may be. O. Reg. 194/05, s. 36 (3). (4) If the notice given under subsection 35 (1) or (2) was given as a result of an application made under section 31, an adjustment shall be made if the Director determines that the quotient of the following calculation is less than .75: (A – C) ÷ (B – C) where, A = the largest amount of regulated product that was produced by the facility in any one year of the four years immediately after the year in which notice was given in respect of the facility to the operator of the Registry under subsection 35 (1) or (2), as the case may be, B = the value assigned to “B” in subsection 31 (4) in the application made under section 31 in respect of the facility, C = the value assigned to “C” in subsection 31 (4) in the application made under section 31 in respect of the facility. O. Reg. 194/05, s. 36 (4). (5) If the number determined in accordance with subsection (4) is less than .75, the Director shall determine the following: (1 – A – C) ÷ (B – C) × D where, A = the largest amount of regulated product that was produced by the facility in any one year of the four years immediately after the year in which notice was given in respect of the facility to the operator of the Registry under subsection 35 (1) or (2), as the case may be, B = the value assigned to “B” in subsection 31 (4) in the application made under section 31 in respect of the facility, C =   the value assigned to “C” in subsection 31 (4) in the application made under section 31 in respect of the facility, D = the amount of sulphur dioxide emission allowances set out in the notice given by the Director to the operator of the Registry in respect of the facility under subsection 35 (1) or (2), as the case may be. O. Reg. 194/05, s. 36 (5). (6) If an amount is determined under subsection (3) or (5), on or before October 1 of the year in which the determination is made the Director shall send written notice to, (a) the owner of the facility of the amount that was determined under subsection (3) or (5); and (b) to the operator of the Registry of the amount that was determined under subsection (3) or (5) and directing that sulphur dioxide emission allowances in an amount equal to the amount of the determination, (i) be added to the sulphur dioxide new source set aside as of January 1 of the year after the year in which the notice is given, and (ii) be removed from the facility’s sulphur dioxide sector budget or the facility’s sulphur dioxide budget, as the case may be, if the facility is in the base metal smelting sector, carbon black sector, cement sector, iron and steel sector or pulp and paper sector or is a facility in the petroleum sector listed in Table 5 or is a replacement facility located at a site where a facility in the petroleum sector listed in Table 5 was located.  O. Reg. 194/05, s. 36 (6). (7) For the purpose of this section, if an owner of the facility does not provide the data on the total amount of regulated product that was produced by the facility in any one of the four years preceding the year in which the Director makes a determination under this section, either in accordance with subsection 6 (1) or in response to a request by the Director under this section for the data, the amount of regulated product produced by the facility for that year shall be deemed to be zero.  O. Reg. 194/05, s. 36 (7). Obligation to Balance Emissions with Allowances and Credits