Authorized transfers between facility accounts
 19. (1) If a facility’s registration is continued under section 6, an account representative in respect of a facility account that was established for the registration in respect of the previous owner or operator of the facility may, by giving written notice to the Director, request that the Director transfer compliance instruments from that account to an account that was established for the registration in respect of the new owner or operator of the facility. O. Reg. 562/22, s. 18 (1). (2) If two facilities are owned or operated by the same person, an account representative may, by giving written notice to the Director, request that the Director transfer compliance instruments from a facility account in respect of one facility to a facility account in respect of the other facility if the following criteria are met: 1. Each facility account was established for the same owner or operator in respect of the facility. 2. Each facility account is the most recently established account in respect of each facility. 3. The account representative giving notice is identified in respect of at least one of the facility accounts. O. Reg. 562/22, s. 18 (1). (3) If a person who registered a facility enters into an agreement with another person who registered a facility to transfer emissions performance units from the facility account of the first person to the facility account of the second person, an account representative in respect of the transferee’s facility account may, by giving written notice to the Director, request that the Director transfer emissions performance units from the transferor’s facility account to the transferee’s facility account. O. Reg. 562/22, s. 18 (1). (3.1) If two facility accounts were established for the same person, an account representative in respect of one of the facility accounts may, by giving written notice to the Director, request that the Director transfer emission performance units from that facility account to the other facility account. O. Reg. 562/22, s. 18 (1). (4) For the purposes of subsections (1) to (3.1), the notice shall include the following: 1. The account number assigned by the Ministry to each facility account involved in the transfer. 2. The total number of emissions performance units to be transferred and the total number of excess emissions units to be transferred. 2.1 The proposed date that the compliance instruments are to be transferred, which must be one of the following dates: i. December 15 in any year. ii. February 15 in any year. iii. A deadline by which a revised report obligation in respect of the facility is to be satisfied. iv. A deadline by which an obligation under paragraph 4 of subsection 13 (1) in respect of the facility is to be satisfied. 3. For each emissions performance unit to be transferred, the compliance period in respect of which it was distributed. 4. For each excess emissions unit to be transferred, the year in which it was distributed. 5. If the notice is under subsection (3), the price to be paid for each emissions performance unit under the agreement entered into between the transferor and the transferee. 6. A statement signed by an account representative in respect of each facility account involved in the transfer, attesting that the account representative authorizes the transfer and that the information included in the notice is accurate. 7. The date on which the request is submitted. O. Reg. 241/19, s. 19 (4); O. Reg. 562/22, s. 18 (2-4). (4.1) A notice under this section must be given, (a) if the proposed transfer date is December 15 in a year, no later than December 1 of that year; (b) if the proposed transfer date is February 15 in a year, no later than February 1 of that year; or (c) in all other cases, no later than 15 days before the proposed transfer date. O. Reg. 562/22, s. 18 (5). (5) Subject to subsection (6), if the Director receives a notice that has been made in accordance with subsections (4) and (4.1), the Director shall transfer the compliance instruments specified in the notice no later than the proposed transfer date set out in the notice. O. Reg. 562/22, s. 18 (6). (5.1) Revoked: O. Reg. 562/22, s. 18 (6). (6) The Director shall refuse to transfer a compliance instrument if, (a) the Director is of the opinion that the transfer would result in a failure to comply with this Regulation; (b) the Director has reasonable grounds to believe that an offence has been committed under the Act in relation to the request; (c) the Director is of the opinion that the request contains errors or omissions or is otherwise incomplete; (d) the compliance instrument is expired at the time of transfer; or (e) the registration in respect of a facility was continued under section 6 and the facility account into which the compliance instrument is requested to be transferred was established for the registration in respect of a previous owner or operator of the facility. O. Reg. 562/22, s. 18 (7). (7) If the Director refuses to transfer compliance instruments under subsection (6), the Director shall provide written reasons for the refusal to all of the account representatives who signed the statement mentioned in subsection (4). O. Reg. 241/19, s. 19 (7). (8) The reasons provided under subsection (7) shall identify any errors or omissions in the request and shall include a description of any manner in which the request is incomplete. O. Reg. 241/19, s. 19 (8). (9) If the Director requests information from any of the following persons relating to the transfer of compliance instruments from or to a facility account under this Regulation, the person shall give the information to the Director by the date specified in the request: 1. An account representative in respect of a facility account involved in the transfer. 2. A person whose registration resulted in the facility account being established. 3. A person whose continuation of a registration resulted in the facility account being established. O. Reg. 562/22, s. 18 (8). (10) For greater certainty, this section does not apply in respect of a facility account that has been closed. O. Reg. 562/22, s. 18 (8). Part IV   Miscellaneous