Application for sulphur dioxide emission allowances, petroleum sector
 27. (1) The owner of a facility listed in Table 8 may apply to the Director for sulphur dioxide emission allowances in respect of the facility for any year after 2005.  O. Reg. 194/05, s. 27 (1). (2) The owner of a replacement facility located on a site where a facility listed in Table 8 was located may apply to the Director for sulphur dioxide emission allowances in respect of the facility for any year after 2006.  O. Reg. 194/05, s. 27 (2). (3) Subject to subsection (4), the owner of facility that is in the petroleum sector that is not listed in Table 8 may apply to the Director for sulphur dioxide emission allowances in respect of the facility for any year after 2006, if sulphur dioxide emission allowances have previously been acquired as a result of an application made under section 30 or 34 in respect of the facility or the facility that was located at the replacement facility’s site.  O. Reg. 194/05, s. 27 (3). (4) Subsection (3) does not apply to a replacement facility located on a site where a facility in the petroleum sector listed in Table 9 was located.  O. Reg. 194/05, s. 27 (4). (5) An application under this section must be made not later than June 1 in the year preceding the year for which the allowances are applied for.  O. Reg. 194/05, s. 27 (5). (6) For each facility for which an application for sulphur dioxide emission allowances for 2006 is made in accordance with this section, the Director shall determine the following amount: A – C where, A = the amount of the sulphur dioxide emission allowances set out in respect of the facility for 2006 in Table 8, C = one-third of the total of the amounts of any sulphur dioxide reported under paragraph 2 of subsection 6 (4) in respect of the facility. O. Reg. 194/05, s. 27 (6). (7) For each facility for which an application for sulphur dioxide emission allowances for 2007 or 2008 is made in accordance with this section, the Director shall determine the following amount: A + B – C where, A = the amount of the sulphur dioxide emission allowances set out in Table 8 in respect of the facility or the facility that was located at the replacement facility’s site, as the case may be, for the year for which the emission allowances are applied for, B = the total amount of any sulphur dioxide emission allowances that the owner of the facility or the facility that was located at the replacement facility’s site acquired in respect of the facility or the facility that was located at the replacement facility’s site under section 35 in any previous year, C = one-third of the total sum of the amounts of any sulphur dioxide reported under paragraph 2 of subsection 6 (4) in respect of the facility or the facility that was located at the replacement facility’s site, as the case may be. O. Reg. 194/05, s. 27 (7). (8) For each facility for which an application for sulphur dioxide emission allowances for any year after 2008 is made in accordance with this section, the Director shall determine the following amount: A + B – C – D – E where, A = the amount of the sulphur dioxide emission allowances set out in Table 8 in respect of the facility or the facility that was located at the replacement facility’s site, as the case may be, for the year for which the emission allowances are applied for, B = the total amount of any sulphur dioxide emission allowances that the owner of the facility or the facility that was located at the replacement facility’s site acquired in respect of the facility or the facility that was located at the replacement facility’s site under section 35 in any previous year, C = one-third of the total sum of the amounts of any sulphur dioxide reported under paragraph 2 of subsection 6 (4) in respect of the facility or the facility that was located at the replacement facility’s site, as the case may be, D = the amount determined under section 28 with respect to reduction in production, E = the amount of any sulphur dioxide emission allowances that the Director has determined under subsection 36 (3) or (5), as the case may be, in respect of the facility or the facility that was located at a replacement facility’s site in the year in which an application is made under this section or in any previous year. O. Reg. 194/05, s. 27 (8). (9) If the amount of sulphur dioxide emission allowances determined under subsection (7) or (8), as the case may be, is less than zero, the amount shall be adjusted to zero.  O. Reg. 194/05, s. 27 (9). (10) The Director shall send written notice of the amount determined, subject to subsection (9), in respect of each facility under subsection (6), (7) or (8), as the case may be, 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. 27 (10). (11) On January 1 of the year for which the emission allowances are applied for, the owner of the facility shall be deemed to have acquired the sulphur dioxide emission allowances in respect of the facility in the amount determined, subject to subsection (9), for the facility under subsection (6), (7) or (8), as the case may be.  O. Reg. 194/05, s. 27 (11).