Cancellation of registration
 8.1 (1) The Director shall cancel a facility’s registration in accordance with this section if any of the following circumstances exist: 1. The facility is registered under section 4 and the Director is of the opinion that any of the criteria set out in subsection 4 (1) were not met at the time of registration. 2. The registration is based on the criteria set out in paragraph 2 of subsection 4 (1) and for each year in the three-year period following the year in which the eligible modification is substantially complete, i. the reporting amount in respect of the facility for the year was less than 10,000 tonnes of CO2e, ii. no report in respect of the facility was given to the Director under section 6 of the Reporting Regulation for the year, or iii. if a report in respect of the facility was given to the Director for the year under section 6 of the Reporting Regulation, no reporting amount was included in the report. 3. The registration is based on the criteria set out in paragraph 3 of subsection 4 (1) and for each year in the three-year period following the year in which the date of first production occurs, i. the reporting amount in respect of the facility for the year was less than 10,000 tonnes of CO2e, ii. no report in respect of the facility was given to the Director under section 6 of the Reporting Regulation for the year, or iii. if a report in respect of the facility was given to the Director for the year under section 6 of the Reporting Regulation, no reporting amount was included in the report. 4. The verified total annual emissions limit in respect of the facility is zero for two consecutive compliance periods. 5. No form has been submitted under subsection 6 (4) in respect of a facility during the period that ends 60 days after a notice is given in respect of the facility under subsection 6 (1). 6. A form has been submitted under subsection 6 (4) to continue a registration in respect of a facility but the registration was not continued under subsection 6 (5). O. Reg. 562/22, s. 9. (2) The Director may cancel a facility’s registration in accordance with this section if an application has been made under subsection (3). O. Reg. 562/22, s. 9. (3) The owner or operator of an EPS facility may apply to the Director to cancel the facility’s registration if any of the following circumstances exist: 1. All industrial activities engaged in at the facility have permanently ceased. 2. The owner or operator has informed the Director that all industrial activities engaged in at the facility will cease for a period that is anticipated to last for at least one year and the application is made in the same year that the cessation begins or in the year immediately before or immediately after that year. 3. In respect of each of the three compliance periods before the year in which the application is made, the reporting amount in respect of the facility was less than 10,000 tonnes of CO2e. 4. In respect of each of the five compliance periods before the year in which the application is made, each production parameter in respect of the facility was zero. O. Reg. 562/22, s. 9. (4) An application for cancellation must include an indication of which circumstance described in subsection (3) forms the basis for the application. O. Reg. 562/22, s. 9. (5) If the Director proposes to refuse an application for cancellation of registration, the Director shall give written notice to the applicant, setting out the following: 1. The reasons for the proposed refusal. 2. A statement that the applicant may, no later than 30 days following the day on which the notice was given, submit comments in writing to the Director in respect of the proposed refusal. O. Reg. 562/22, s. 9. (6) Before cancelling a facility’s registration under subsection (1), the Director shall give written notice to the person who most recently registered the facility, setting out the following: 1. The reasons for the proposed cancellation. 2. A statement that the person may, no later than 30 days following the day on which the notice was given, submit comments in writing to the Director in respect of the proposed cancellation. O. Reg. 562/22, s. 9. (7) After considering any comments received within the time period specified in the notice under subsection (5) or (6), as applicable, the Director shall, (a) if the Director has decided to cancel the registration, give the person written confirmation of the cancellation of the facility’s registration and of the cancellation date; or (b) if the Director has decided not to cancel the registration, give the person written notice of the Director’s decision. O. Reg. 562/22, s. 9. (8) In this section, “reporting amount” has the same meaning as in the Reporting Regulation. O. Reg. 562/22, s. 9.