Optional registration
 4. (1) The owner or operator of an EPS facility that meets any of the following criteria may apply to register the facility with the Director: 1. An industrial activity is engaged in at the EPS facility and as a result of greenhouse gas emissions related to the facility in 2014 or any subsequent year, the owner or operator of the facility, or a previous owner or operator, submitted a report under a regulation set out in Column 1 of the Table to subsection 2 (2) and the amount described opposite the regulation in Column 2 of the Table that was set out in the report in respect of the facility was at least 10,000 tonnes of CO2e. 2. Paragraph 1 does not apply but the following criteria are met: i. An industrial activity is engaged in at the EPS facility. ii. An eligible modification in respect of the facility is complete or substantially complete. iii. The owner or operator has a report prepared and signed by a licensed engineering practitioner that demonstrates that greenhouse gas emissions in respect of the EPS facility are likely to be at least 10,000 tonnes of CO2e in at least one of the three years following the year in which the eligible modification was substantially completed. 3. The owner or operator of the facility, i. did not engage in an industrial activity at the facility before the date of first production and the industrial activity that is to be engaged in at the facility is not one that the owner or operator or a previous owner or operator engaged in at the facility, and ii. has a report prepared and signed by a licensed engineering practitioner that demonstrates that greenhouse gas emissions in respect of the EPS facility are likely to be at least 10,000 tonnes of CO2e in at least one of the three years following the year in which the date of first production occurs. O. Reg. 562/22, s. 5. (2) For greater certainty, a report mentioned in paragraph 1 of subsection (1) includes a report submitted in respect of any site that, (a) forms part of the facility that is the subject of the registration; and (b) was a facility under any previous definition of “facility”. O. Reg. 562/22, s. 5. (3) The owner or operator of an EPS facility at which an industrial activity is engaged in may also apply to register under paragraph 1 of subsection (1) if the EPS facility is composed of multiple sites in respect of which a report or reports mentioned in that paragraph have been submitted and the sum of the amounts mentioned in that paragraph for the same reporting period for all of the sites was at least 10,000 tonnes of CO2e. O. Reg. 562/22, s. 5. (4) Despite subsections (1) and (3), no application may be made under those subsections in respect of an EPS facility by a person who has made an application under subsection 8.1 (3) if the facility’s registration was cancelled as a result of that application. O. Reg. 562/22, s. 5. (5) An application for registration under paragraph 2 of subsection (1) must, (a) be made on or after the date that the EPS facility’s eligible modification is substantially complete and no later than the end of the third year after that date; and (b) include a copy of the report described in subparagraph 2 iii of subsection (1) and the information required under Schedule 1. O. Reg. 562/22, s. 5. (6) An application for registration under paragraph 3 of subsection (1) must, (a) be made on or after the EPS facility’s date of first production and no later than the end of the third year after that date; and (b) include a copy of the report described in subparagraph 3 ii of subsection (1) and the information required under Schedule 1. O. Reg. 562/22, s. 5. (7) A report described in subparagraphs 2 iii and 3 ii of subsection (1) must contain the following information: 1. The licensed engineering practitioner’s estimates of the following projected emissions: i. The annual emissions of each greenhouse gas from all specified GHG activities, expressed in tonnes. ii. The annual greenhouse gas emissions, excluding CO2 from combustion of biomass, from all specified GHG activities, expressed in tonnes of CO2e. iii. The annual emissions of each greenhouse gas associated with each industrial activity engaged in at the facility, expressed in tonnes. iv. The annual greenhouse gas emissions associated with each industrial activity engaged in at the facility, expressed in tonnes of CO2e. 2. If the report is in respect of paragraph 2 of subsection (1), i. confirmation that the primary change constituting the eligible modification is not a change described in subsection 1 (5), and ii. if the change meets the criteria in subsection 1 (6), the licensed engineering practitioner’s estimates of the annual emissions intensity in respect of at least one of the products described in paragraph 1 of that subsection before the eligible modification and the projected annual emissions intensity in respect of the same product after the eligible modification. 3. A list of all units, processes, activities and operations that were taken into account in quantifying or estimating greenhouse gas emissions. 4. The details of the calculations, assumptions, material usage, level of production, energy usage and processes that informed the estimates of emissions and emissions intensities. 5. Such other information as the Director may specify in respect of the estimates. O. Reg. 562/22, s. 5. (8) The estimates described in subsection (7) must be prepared in accordance with the following: 1. The estimates of greenhouse gas emissions must be made for each greenhouse gas set out in Schedule 1 to the Reporting Regulation, and the amount of CO2e, if applicable, must be determined by applying the global warming potential for each gas set out in Column 5 of that Schedule. 2. The expected annual production amount of each product in respect of each industrial activity engaged in at the facility must be obtained from the owner or operator of the facility. 3. All emissions estimates and expected values must be based on calculations that are consistent with one or more of the following: i. The document published by the Ministry and available from the Ministry, entitled “Guideline for Quantification, Reporting and Verification of Greenhouse Gas Emissions”, as amended from time to time. ii. The document published by the Government of Canada and available from the Government of Canada, entitled “Canada’s Greenhouse Gas Quantification Requirements”, as amended from time to time. iii. The document published by the Government of the United States Environmental Protection Agency and available from that agency, entitled “U.S. EPA 40 CFR Part 98, Mandatory Greenhouse Gas Reporting”, as amended from time to time. 4. The same method must be used to quantify the information for each estimate for each year covered by the report. 5. All information must, if feasible, be provided using the International System of Units (SI units). O. Reg. 562/22, s. 5. (9) In this section, “specified GHG activity” has the same meaning as in the Reporting Regulation. O. Reg. 562/22, s. 5. 4.1 Revoked: O. Reg. 562/22, s. 5.