First application for new or expanded facilities — sulphur dioxide
 35. (1) If the total of all the amounts determined under subsections 30 (6), 31 (4) and 34 (3) in respect of applications for sulphur dioxide emission allowances for a year is less than or equal to the amount of the sulphur dioxide new source set aside for that year, the Director shall send written notice of the amount determined in respect of each facility under subsections 30 (6), 31 (4) and 34 (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 emission allowances are applied for.  O. Reg. 194/05, s. 35 (1). (2) If the total of all the amounts determined under subsections 30 (6), 31 (4) and 34 (3) in respect of applications for sulphur dioxide emission allowances for a year is more than the amount of the sulphur dioxide new source set aside for that year, (a) the Director shall determine adjusted amounts under subsections (3) and (4) in respect of each facility in respect of which an amount was determined under subsection 30 (6), 31 (4) or 34 (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. 35 (2). (3) For the purpose of subsection (2), the adjusted amount in respect of a facility in respect of applications made under section 34 for sulphur dioxide emission allowances for a year shall be the lesser of the amount determined under subsection 34 (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 34 (3), B = the sulphur dioxide new source set aside for the year for which sulphur dioxide emission allowances are applied for, C = the total of all the amounts determined under subsection 34 (3) in respect of all facilities. O. Reg. 194/05, s. 35 (3). (4) For the purpose of subsection (2), the adjusted amount for a facility in respect of applications made in accordance with section 30 or 31 for sulphur dioxide 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 30 (6) or 31 (4), as the case may be, B = the sulphur dioxide new source set aside for the year for which sulphur dioxide emission allowances are applied for, C = the total adjusted amounts determined under subsection (3), D = the total of all the amounts determined under subsections 30 (6) and 31 (4) for all facilities. O. Reg. 194/05, s. 35 (4). (5) If the total of all the amounts determined under subsections 30 (6) and 31 (4), in respect of facilities in the petroleum sector, except a facility in the petroleum sector listed in Table 9 or a replacement facility located on a site where a facility in the petroleum sector listed in Table 9 was located, and subsections 30 (7), 31 (5) and 34 (3) in respect of applications for sulphur dioxide emission allowances for a year is less than or equal to the amount of the sulphur dioxide new source set aside for that year, (a) the Director shall send written notice of the amount determined for each facility under subsections 30 (6) and 31 (4), in respect of a facility in the petroleum sector, except a facility in the petroleum sector listed in Table 9 or a replacement facility located on a site where a facility in the petroleum sector listed in Table 9 was located, and subsections 30 (7), 31 (5) and 34 (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 sulphur dioxide emission allowances are applied for; and (b) on January 1 of the year for which the sulphur dioxide emission allowances are applied for, the owner of a facility shall be deemed to have acquired sulphur dioxide emission allowances in respect of the facility in the amount determined for the facility under subsection 30 (6) or 31 (4), in respect of a facility in the petroleum sector except a facility in the petroleum sector listed in Table 9 or a replacement facility located on a site where a facility in the petroleum sector listed in Table 9 was located, or subsection 30 (7), 31 (5) or 34 (3), as the case may be.  O. Reg. 194/05, s. 35 (5). (6) If the total of all the amounts determined under subsections 30 (6) and 31 (4), in respect of facilities in the petroleum sector, except a facility in the petroleum sector listed in Table 9 or a replacement facility located on a site where a facility in the petroleum sector listed in Table 9 was located, and subsections 30 (7), 31 (5) and 34 (3) with respect to applications for sulphur dioxide emission allowances for a year is more than the amount of the sulphur dioxide 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 30 (6) or 31 (4), in respect of a facility in the petroleum sector, except a facility in the petroleum sector listed in Table 9 or a replacement facility located on a site where a facility in the petroleum sector listed in Table 9 was located, or subsection 30 (7), 31 (5) or 34 (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 sulphur dioxide 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. 35 (6). (7) For the purpose of subsection (6), the adjusted amount in respect of a facility in respect of applications made under section 34 for sulphur dioxide emission allowances for a year shall be the lesser of the amount determined under subsection 34 (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 34 (3), B = the sulphur dioxide new source set aside for the year for which sulphur dioxide emission allowances are applied for, C = the total of all the amounts determined under subsection 34 (3) in respect of all facilities. O. Reg. 194/05, s. 35 (7). (8) For the purpose of subsection (6), the adjusted amount for a facility in respect of applications made in accordance with section 30 or 31 for sulphur dioxide 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 30 (6) or 31 (4), in respect of a facility in the petroleum sector, except a facility in the petroleum sector listed in Table 9 or a replacement facility located on a site where a facility in the petroleum sector listed in Table 9 was located, or subsection 30 (7) or 31 (5), as the case may be, B = the sulphur dioxide new source set aside for the year for which sulphur dioxide emission allowances are applied for, C = the total adjusted amounts determined under subsection (7), D = the total of all the amounts determined under subsections 30 (6) and 31 (4), in respect of a facility in the petroleum sector except a facility in the petroleum sector listed in Table 9 or a replacement facility located on a site where a facility in the petroleum sector listed in Table 9 was located and subsections 30 (7) and 31 (4) for all facilities. O. Reg. 194/05, s. 35 (8).