Interpretation
 1. (1) In this Regulation, “account representative” means, when used in respect of a facility, an individual who has been identified in respect of the facility in accordance with section 7; (“représentant de comptes”) “annual emissions intensity” means, when used in respect of an EPS facility, the amount of greenhouse gas emitted from the facility in a year divided by the amount of a product produced at the facility during the year; (“intensité annuelle des émissions”) “compliance instrument” means an emissions performance unit or excess emissions unit; (“instrument de conformité”) “compliance obligation” means an obligation described in paragraph 1 of subsection 13 (1); (“obligation en matière de conformité”) “compliance obligation shortfall” means the portion of a compliance obligation that is not satisfied as of the applicable date specified in paragraph 1 of subsection 13 (1); (“déficit relatif à l’obligation en matière de conformité”) “compliance period” means the first compliance period and every subsequent year within a registration period; (“période de conformité”) “CO2e” has the same meaning as in the Reporting Regulation; (“éq. CO2”) “date of first production” means, when used in respect of an EPS facility, the earlier of, (a) the date on which, as a result of engaging in an industrial activity, the facility first produces the product whose production is projected to make the greatest contribution to the facility’s revenue, and (b) the date on which, as a result of engaging in an industrial activity, the facility first produces the product whose production is projected to result in the highest proportion of greenhouse gas emissions from the facility; (“date de première production”) “Director” means the Director appointed under section 5 of the Act in respect of the section of this Regulation in which the reference appears; (“directeur”) “eligible modification” means a change described in subsection (4) that is made to an EPS facility; (“modification admissible”) “facility” or “EPS facility” means an emissions performance standards (EPS) facility within the meaning of section 1.1; (“installation”, “installation NRE”) “first compliance period” means the year determined in accordance with subsections (7) and (8); (“première période de conformité”) “industrial activity” means an activity set out in Schedule 2; (“activité industrielle”) “licensed engineering practitioner” means a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act; (“praticien de l’ingénierie titulaire d’un permis”) “Methodology” means the document entitled “GHG Emissions Performance Standards and Methodology for the Determination of the Total Annual Emissions Limit”, published by the Ministry and available on a website of the Government of Ontario, as amended from time to time; (“guide de méthodologie”) “NAICS” means the North American Industry Classification System maintained for Canada by Statistics Canada, as amended or revised from time to time; (“SCIAN”) “natural gas transmission” means the movement of natural gas in a natural gas pipeline system upstream of gate station inlet valves where pressure reduction or measuring occurs for the delivery of natural gas to consumers; (“transport de gaz naturel”) “Ontario Regulation 143/16” means Ontario Regulation 143/16 (Quantification, Reporting and Verification of Greenhouse Gas Emissions) made under the Climate Change Mitigation and Low-carbon Economy Act, 2016; (“Règlement de l’Ontario 143/16”) “Ontario Regulation 452/09” means Ontario Regulation 452/09 (Greenhouse Gas Emissions Reporting) made under the Act; (“Règlement de l’Ontario 452/09”) “production parameter” has the same meaning as in the Reporting Regulation; (“paramètre de production”) “registration period” means a group of consecutive years in respect of a registration for a facility, beginning in the year in which the facility is registered or required to be registered, whichever is earlier, and ending in the year in which the registration is cancelled; (“période d’enregistrement”) “Reporting Regulation” means Ontario Regulation 390/18 (Greenhouse Gas Emissions: Quantification, Reporting and Verification) made under the Act; (“règlement sur la déclaration”) “revised report” means a report in respect of a facility that is given to the Director under section 15 or 23.1 of the Reporting Regulation; (“rapport révisé”) “revised report obligation” means an obligation described in paragraph 2 of subsection 13 (1); (“obligation découlant du rapport révisé”) “revised report obligation shortfall” means the portion of a revised report obligation that is not satisfied as of the applicable date specified in paragraph 2 of subsection 13 (1); (“déficit relatif à l’obligation découlant du rapport révisé”) “total annual emissions limit” means the total annual emissions limit determined under section 12; (“limite des émissions annuelles totales”) “verification amount” has the same meaning as in the Reporting Regulation, except where otherwise specified; (“quantité de vérification”) “verification statement” means, when used in reference to a report, the verification statement submitted in respect of the report by an accredited verification body under the Reporting Regulation; (“déclaration de vérification”) “verified” means verified by an accredited verification body under the Reporting Regulation; (“vérifié”) “year” means a calendar year. (“année”) O. Reg. 241/19, s. 1 (1); O. Reg. 729/21, s. 1 (1-6) ; O. Reg. 562/22, s. 2, 3 (1-7). (2) Revoked: O. Reg. 729/21, s. 1 (7). (3) In this Regulation, unless otherwise specified, a reference to Ontario Regulation 452/09 or Ontario Regulation 143/16 is a reference to the regulation as it read at any time before it was revoked. O. Reg. 241/19, s. 1 (3). (4) Each of the following changes constitutes an eligible modification to an EPS facility: 1. A change that would increase the facility’s annual production in respect of a product associated with an industrial activity. 2. A change that would result in an industrial activity that was not engaged in at the facility before the change being engaged in at the facility. 3. A change that would result in a product from an industrial activity that was not produced at the facility before the change being produced at the facility. O. Reg. 562/22, s. 3 (8). (5) Despite subsection (4), a change does not constitute an eligible modification if the primary change that constitutes the modification is the maintenance, repair or replacement of existing equipment at the facility. O. Reg. 562/22, s. 3 (8). (6) Despite subsection (4), if the only change being made to the facility is a change described in paragraph 1 of that subsection, the change does not constitute an eligible modification unless the following criteria are met: 1. The annual emissions intensity after the change is substantially complete in respect of at least one of the following products is less than or equal to the annual emissions intensity in respect of that product before the change: i. A product whose production, A. has made the greatest contribution to the facility’s revenue in a year prior to the year in which the change is substantially complete, or B. is projected to make the greatest contribution to the facility’s revenue in any year during the 10-year period commencing with the year in which the change is substantially complete. ii. A product whose production, A. has resulted in the highest proportion of greenhouse gas emissions from the facility in a year prior to the year in which the change is substantially complete, or B. is projected to result in the highest proportion of greenhouse gas emissions from the facility in any year during the 10-year period commencing with the year in which the change is substantially complete. 2. The product mentioned in paragraph 1, i. was produced at the facility before the change, and ii. will continue to be produced at the facility after the change is substantially complete. O. Reg. 562/22, s. 3 (8). (7) The first compliance period in respect of a registration for a facility is determined as follows: 1. If the facility was registered or required to be registered under this Regulation on or before December 31, 2021, the first compliance period is 2022. 2. If a notice of registration of a person as a registered emitter is issued under subsection 64 (2) of the Greenhouse Gas Pollution Pricing Act (Canada) by the Minister of National Revenue and the effective date set out in the notice is a date in the year following registration under this Regulation, the first compliance period is the year following registration under this Regulation. 3. If the facility is registered under paragraph 3 of subsection 4 (1), the first compliance period is the third year after the end of the first year in which the facility produces a product from an industrial activity. However, this paragraph does not apply if the primary activity engaged in at the facility is an activity set out in item 38 (Generating electricity using fossil fuels) of Schedule 2. 4. In all other cases, the first compliance period is the year in which the facility is registered or is required to be registered, whichever is earlier. O. Reg. 562/22, s. 3 (8). (8) If a registration is continued under section 6, the first compliance period in respect of the continued registration is the first compliance period determined under subsection (7) of this section in respect of the initial registration. O. Reg. 562/22, s. 3 (8). (9) A reference in this Regulation to a person who registered a facility includes, (a) a person who applied to register a facility and received written confirmation of the registration under section 5; and (b) a person who received written confirmation that a registration was continued under subsection 6 (5). O. Reg. 562/22, s. 3 (8).