jswizzle3737/ontario_laws_and_regs huggingface dataset:
EPS facility
 1.1 (1) Subject to subsections (2), (3) and (4), for the purposes of the definition of “EPS facility” in subsection 1 (1), any of the following constitutes an emissions performance standards (EPS) facility: 1. The following, if they are operated in an integrated manner to carry out an industrial activity and have at least one common owner or operator: i. Sites at which the industrial activity is carried out and the buildings, equipment and other structures and stationary items located on those sites. ii. Any other sites used in conjunction with the industrial activity, including a quarry, tailings pond, wastewater lagoon or pond and landfill. 2. The portion of a natural gas pipeline system within Ontario that is used in natural gas transmission, including associated installations and equipment owned by the same owner or operator and operated in an integrated manner. O. Reg. 729/21, s. 2; O. Reg. 562/22, s. 2, 4 (1). (2) Any part of a public road or of a railway track that is bordered on both sides by a facility and used to carry out the facility’s industrial activities is considered to be part of the facility. O. Reg. 729/21, s. 2. (3) For greater certainty, buildings that are used for legal, administrative or management purposes and that are not located where an industrial activity is carried out do not form part of a facility. O. Reg. 729/21, s. 2. (4) For the purposes of this Regulation, separate sites are operated in an integrated manner if any of the following occurs between them: 1. Transfer of intermediate products, final products, by-products, by-product fuels or other material for processing, packaging or shipping. 2. Transfer of energy, including steam, cooling media or electricity, generated at one of them and used at another, other than the transfer of common fuels directly from one to another. O. Reg. 729/21, s. 2. (5) Despite subsection (1), a registered EPS facility at which all industrial activities have ceased continues to be an EPS facility and, during the period of cessation, is constituted of the sites that formed the facility immediately before the activities ceased which continue to have at least one common owner or operator. O. Reg. 562/22, s. 4 (2). (6) For greater certainty, (a) subsection (5) does not apply if the registration mentioned in that subsection is cancelled; and (b) when a facility mentioned in subsection (5) resumes engaging in an industrial activity, subsections (1) to (4) apply with respect to the facility. O. Reg. 562/22, s. 4 (2). Part II   Registration of EPS facility
PART II REGISTRATION OF EPS FACILITY
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Required registration
 2. (1) The owner or operator of an EPS facility that meets the criteria set out in subsection (2) shall, (a) if the facility has never been registered under this Regulation, register the facility with the Director in the first year in which the criteria are met; or (b) if the facility has previously been registered under this Regulation but its most recent registration has been cancelled, register the facility with the Director in the first year in which the criteria are met after the year of that cancellation as specified in the confirmation of cancellation given under clause 8.1 (7) (a). O. Reg. 562/22, s. 5. (2) The following are the criteria mentioned in subsection (1): 1. The primary activity engaged in at the facility is an industrial activity listed in paragraphs 1 to 38 of Schedule 2. 2. As a result of greenhouse gas emissions related to the facility in 2014 or any subsequent year, the owner or operator of the facility was required, or a previous owner or operator of the facility was required, to report under a regulation set out in Column 1 of the Table to this subsection 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 50,000 tonnes of CO2e. Table Item   Column 1   Regulation   Column 2   Amount 

  1.   The Reporting Regulation   The reporting amount within the meaning of the Reporting Regulation. 

  2.   Ontario Regulation 452/09   The result of the calculation under clause 7.3 (1) (c) of Ontario Regulation 452/09 as it read on July 31, 2018. 

  3.   Ontario Regulation 452/09   The amount required to be set out in a report under paragraph 9 of section 6 of Ontario Regulation 452/09 as it read on December 9, 2015. 

  4.   Ontario Regulation 143/16   The reporting amount within the meaning of Ontario Regulation 143/16. O. Reg. 562/22, s. 5. (3) For greater certainty, a requirement mentioned in paragraph 2 of subsection (2) includes a requirement to report 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. (4) Despite clause (1) (b), if a facility’s most recent registration has been cancelled following an application made under paragraph 2 of subsection 8.1 (3), the requirement to register the facility does not apply during the period that commences on the date that the registration is cancelled and ends on the first day of the cessation period specified in the application. O. Reg. 562/22, s. 5.
Procedure for required registration
 3. (1) For the purposes of registering an EPS facility under section 2, the owner or operator of the EPS facility shall take the following steps: 1. Give written notice to the Director of the intention to register the EPS facility. 2. Upon receiving a request from the Director, as described in subsection (2), comply with the request in writing. 3. Complete the registration form approved by the Director and give the completed form to the Director. O. Reg. 562/22, s. 5. (2) Upon receipt of a notice under paragraph 1 of subsection (1) from an owner or operator, the Director shall, by written notice to the owner or operator, request that the owner or operator confirm that the information set out in Schedule 1 that is held by the Director in respect of the registration is accurate and may also request, as part of the notice, that the owner or operator provide any information set out in Schedule 1 that the Director does not already have. O. Reg. 562/22, s. 5. (3) If the Director is satisfied that the EPS facility meets the criteria set out in section 2 and that the steps set out in subsection (1) of this section have been taken, the Director shall, (a) establish a facility account and assign it a unique number; and (b) give the person who registered the EPS facility written confirmation that the EPS facility is registered. O. Reg. 562/22, s. 5.
Procedure for applying to register an EPS facility under s. 4
 5. (1) For the purposes of applying to register an EPS facility under section 4, the owner or operator of the facility shall take the following steps: 1. Give written notice to the Director of the intention to apply to register the EPS facility. 2. Upon receiving a request from the Director, as described in subsection (2), comply with the request in writing. 3. Complete the application form approved by the Director and give the completed form to the Director. O. Reg. 729/21, s. 7; O. Reg. 562/22, s. 2, 6 (1). (2) Upon receipt of a notice under paragraph 1 of subsection (1) from an owner or operator, the Director shall, by written notice to the owner or operator, request that the owner or operator confirm that the information set out in Schedule 1 that is held by the Director in respect of the application is accurate and may also request that the owner or operator provide any information set out in Schedule 1 that is not already held by the Director. O. Reg. 729/21, s. 7. (3) If the Director is satisfied that the facility meets the criteria set out in section 4 and that the steps set out in subsection (1) have been taken, the Director shall, (a) establish a facility account and assign it a unique number; and (b) give the person who applied for the registration written confirmation that the EPS facility is registered. O. Reg. 729/21, s. 7; O. Reg. 562/22, s. 2, 6 (1-3). (4) If the Director proposes to refuse an application for 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 five 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. 729/21, s. 7. (5) After considering any comments received from the applicant within the time period specified in the notice under subsection (4), the Director shall, (a) give the applicant written confirmation that the EPS facility is registered; or (b) give the applicant written notice of the Director’s refusal to register the EPS facility. O. Reg. 729/21, s. 7; O. Reg. 562/22, s. 2, 6 (4).
Change in ownership of entire facility, continuation of registration etc.
 6. (1) If the person who received the most recent confirmation of registration in respect of an EPS facility ceases to own or operate the facility during a registration period, the person shall notify the Director within 30 days after ceasing to be the owner or operator of the facility. O. Reg. 562/22, s. 7. (2) A person who becomes the new owner or operator of a facility mentioned in subsection (1) shall continue the registration mentioned in that subsection with the Director in the manner set out in subsection (4) within 30 days after the person mentioned in subsection (1) ceased to be the owner or operator of the facility if, (a) an industrial activity continues to be engaged in at the facility; and (b) the new owner or operator is not required under section 8, as a result of acquiring the facility, to inform the Director of a change to the composition of sites that constitute another facility. O. Reg. 562/22, s. 7. (3) For greater certainty, subsections (1) and (2) do not apply if the person mentioned in subsection (1) continues to own or operate part of the facility. O. Reg. 562/22, s. 7. (4) The person mentioned in subsection (2) shall submit to the Director a form approved by the Director and shall provide all information set out in Schedule 1 in respect of the facility of which the person is the new owner or operator. O. Reg. 562/22, s. 7. (5) Upon receipt of the form and information required under subsection (4), if the Director is satisfied that an industrial activity continues to be engaged in at the facility, the Director shall continue the registration mentioned in subsection (1) in respect of the new owner or operator of the facility by, (a) establishing a new facility account and assigning it a unique number; and (b) giving written confirmation to the person who submitted the form and information that the registration is continued. O. Reg. 562/22, s. 7. (6) If a registration is continued, the person mentioned in subsection (1) who ceased to be the owner or operator of the facility shall be referred to, for the purposes of this Regulation, as the previous owner or operator of the facility. O. Reg. 562/22, s. 7. (7) If a notice is given under subsection (1) but the registration in respect of the facility is not continued under subsection (5), the registration shall be cancelled in accordance with section 8.1. O. Reg. 562/22, s. 7. (8) For greater certainty, in accordance with subsection 1 (8), a continuation of a registration under this section does not commence a new registration period in respect of the facility. O. Reg. 562/22, s. 7. (9) Sections 7 and 8 apply, with necessary modifications, in respect of a continuation of a registration under this section. O. Reg. 562/22, s. 7.
Account representatives
 7. (1) A person registering or applying to register a facility shall identify at least two and no more than five account representatives who are authorized by the person to act on their behalf in respect of the facility for the purposes of this Regulation. O. Reg. 241/19, s. 7 (1). (2) The person registering the facility or applying to register the facility shall not identify an individual as an account representative and an identified individual shall not act as an account representative unless the individual meets the following criteria: 1. The individual has not been found guilty of an offence under the Act. 2. The individual has not been found guilty of an offence under the Commodity Futures Act
or the Securities Act. O. Reg. 241/19, s. 7 (2). (3) Subject to subsection (4), the person who registered a facility may, at any time after the registration is confirmed and before the facility account established as a result of the registration is closed, remove an identified account representative or identify a new account representative who meets the criteria set out in subsection (2) by giving notice to the Director of the change and providing any updates to information set out in Schedule 1 in respect of any new account representative. O. Reg. 562/22, s. 8 (1). (4) The person who registered a facility shall ensure that at all times before the facility account in respect of that registration is closed, a minimum of two and a maximum of five account representatives are identified in respect of the facility account. O. Reg. 562/22, s. 8 (1). (5) The same account representative may be identified in respect of more than one facility or more than one facility account. O. Reg. 241/19, s. 7 (5); O. Reg. 562/22, s. 8 (2). (6) If a notice identifying a new account representative in respect of a facility account is given to the Director under subsection (3), the new account representative shall not act as an account representative in respect of the facility account until such time as the Director provides to the person who registered the facility written confirmation that the notice has been received by the Director. O. Reg. 241/19, s. 7 (6); O. Reg. 562/22, s. 8 (3).
Duty to update information
 8. (1) A person who registered an EPS facility or has applied to register an EPS facility, if that application is pending, shall inform the Director of any change to the information required under Schedule 1 within 30 days of the change. O. Reg. 562/22, s. 9. (2) Subsection (1) does not apply to a person who registered an EPS facility if the facility account established as a result of the registration has been closed. O. Reg. 562/22, s. 9. (3) If the Director is informed of a change in respect of the composition of sites that constitute an EPS facility or of a change to the description of any site, the Director shall give written notice of the effective date of the change to the owner or operator of the facility for the purposes of the determination required under section 12. O. Reg. 562/22, s. 9. (4) A reference to an owner or operator of an EPS facility in Schedule 1 includes a person who is not an owner or operator of an EPS facility but who is required to inform the Director of a change under this section. O. Reg. 562/22, s. 9.
Closure of accounts
 8.2 (1) No earlier than seven years after the date on which a facility’s registration is cancelled, the Director may, by written notice, propose to close an account that was established for the registration if the Director is of the opinion that all compliance requirements under this Regulation have been met in respect of the registration. O. Reg. 562/22, s. 9. (2) In the case of a registration continued under subsection 6 (5), the Director may, by written notice, propose to close a facility account that was established for the registration in respect of the previous owner or operator of the facility if no compliance instruments are in the account. O. Reg. 562/22, s. 9. (3) The Director shall use best efforts to give the person for whom the facility account was established a copy of the notice under subsection (1) or (2) and an opportunity to make written submissions to the Director. O. Reg. 562/22, s. 9. (4) If the Director has not received a written request that the account be continued within 60 days after the notice is given under subsection (3), the Director shall close the account and remove and retire any instruments in the account. O. Reg. 562/22, s. 9. Part III   COMPLIANCe
PART III COMPLIANCE
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Interpretation
 9. (1) For the purposes of this Part, a reference to compliance instruments that have been transferred into a facility account includes compliance instruments that have been distributed by the Director into the account under sections 11.1 and 16 and compliance instruments that have been transferred by the Director into the account under section 19. O. Reg. 562/22, s. 11. (2) In this Part a reference to a statement or report given to the Director is a reference to a statement or report given to the Director under the Reporting Regulation. O. Reg. 562/22, s. 11. (3) For the purposes of determining the date on which a verification statement for a revised report is given to the Director, the following rules apply: 1. If the statement is given to the Director during the period beginning on October 16 in the year following the compliance period to which the revised report relates or any subsequent year and ending on December 1 in the year, the statement is deemed to have been given to the Director on December 2 in the year. 2. If the statement is given to the Director during the period beginning on August 16 in the year two years after the compliance period to which the revised report relates or any subsequent year and ending on October 15 in the year, the statement is deemed to have been given to the Director on October 16 in the year. 3. In all other cases, the date is the date on which the statement is given to the Director. O. Reg. 562/22, s. 11.
Application
 9.1 (1) Subject to subsections (3) and (4), this Part applies to an owner or operator of a facility for each compliance period in a registration period if the person was an owner or operator of the facility during that registration period. O. Reg. 562/22, s. 11. (2) For greater certainty, subsection (1) applies to a person who has ceased to own or operate a facility until the person’s registration in respect of the facility is cancelled and the facility account is closed. O. Reg. 562/22, s. 11. (3) If an owner or operator of a facility ceases to be the owner or operator of the facility during a compliance period and a new owner or operator continues the registration under section 6, (a) this Part, other than section 19, ceases to apply to the previous owner or operator in respect of the compliance period and all future compliance periods in the registration period; and (b) this Part applies to the new owner or operator as if the new owner or operator had been the owner or operator of the facility during the entire compliance period. O. Reg. 562/22, s. 11. (4) If the previous owner or operator of the facility was required to satisfy any of the following obligations in respect of a previous compliance period in the registration period during which a person becomes the new owner or operator of the facility, the obligation applies to the new owner or operator: 1. The compliance obligation shortfall. 2. The obligation under paragraph 3 of subsection 13 (1). 3. The revised report obligation shortfall. 4. The obligation under paragraph 4 of subsection 13 (1). O. Reg. 562/22, s. 11.
Prohibition
 10. No person shall sell, trade, transfer or otherwise deal with compliance instruments, other than a person who is authorized to do so under this Regulation and who is doing so in accordance with this Regulation. O. Reg. 241/19, s. 10; O. Reg. 562/22, s. 12.
Emissions performance units, distribution
 11. When distributing an emissions performance unit under section 16, the Director shall, (a) record the compliance period in respect of which it is distributed; and (b) assign it an expiry date, which shall be December 15 in the year that is five years after the compliance period in respect of which it is distributed. O. Reg. 562/22, s. 13.
Excess emissions units, distribution
 11.1 (1) A person who registered a facility may, in respect of a registration for the facility, request that the Director distribute excess emissions units into the facility account established as a result of the registration. O. Reg. 562/22, s. 13. (2) The request shall be made in the form approved by the Director and shall include the following: 1. The proposed date that the excess emissions units are to be distributed, 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. 2. Confirmation that payment of the amount determined in accordance with the following formula has been made to the Minister of Finance, in a form and manner specified by a notice of the Director: A × B in which, “A” is the number of excess emissions units to be distributed, and “B” is the cost set out in Column 2 of the Table to this subsection opposite the year in which the distribution is proposed to be made set out in Column 1. Table Item   Column 1   Year   Column 2   Cost of excess emissions units 

  1.   2023   $50 

  2.   2024   $65 

  3.   2025   $80 

  4.   2026   $95 

  5.   2027   $110 

  6.   2028   $125 

  7.   2029   $140 

  8.   2030   $155 

  9.   2031   $170 O. Reg. 562/22, s. 13. (3) A request for distribution of excess emissions units under subsection (1) must be made, (a) if the proposed distribution date is December 15 in a year, no later than December 1 of that year; (b) if the proposed distribution 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 distribution date. O. Reg. 562/22, s. 13. (4) If a request has been made in accordance with subsections (2) and (3) and payment has been made in accordance with paragraph 2 of subsection (2), the Director shall distribute the units into the facility account no later than the distribution date specified in the request and shall record the year in which each excess emissions unit is distributed. O. Reg. 562/22, s. 13. (5) Despite subsection (4), if a registration in respect of a facility has been continued under section 6, the Director shall not distribute excess emissions units into a facility account established for a previous owner or operator of the facility in respect of the registration. O. Reg. 562/22, s. 13.
Compliance instruments, eligibility
 11.2 For the purposes of this Part, a compliance instrument described in Column 2 or 3 of the Table to this section that has been transferred into a facility account is eligible for use to meet the obligation set out opposite the instrument in Column 1. Table Item   Column 1   Obligation   Column 2   Eligible excess emissions units   Column 3   Eligible emissions performance units 

  1.   Portion of compliance obligation in respect of a compliance period satisfied by December15 in the year following a compliance period   An excess emissions unit distributed in any year after the compliance period   An emissions performance unit for which the expiry date is not earlier than December 15 in the year following the compliance period 

  2.   Compliance obligation shortfall in respect of a compliance period   An excess emissions unit distributed in the year that is two years after the compliance period or in any subsequent year   An emissions performance unit for which the expiry date is not earlier than December 15 in the year in which it would be used to satisfy the compliance obligation shortfall 

  3.   Obligation under paragraph 3 of subsection 13 (1) in respect of a compliance period   An excess emissions unit distributed in the year that is two years after the compliance period or in any subsequent year   An emissions performance unit for which the expiry date is not earlier than December 15 in the year in which it would be used to satisfy the obligation under paragraph 3 of subsection 13 (1). 

  4.   Portion of revised report obligation satisfied by the deadline for that revised report obligation   An excess emissions unit distributed in the year of the deadline for the revised report obligation or in any subsequent year   An emissions performance unit for which the expiry date is not earlier than the deadline for compliance with the revised report obligation. 

  5.   Revised report obligation shortfall   An excess emissions unit distributed in the year in which the deadline for the obligation under paragraph 4 of subsection 13 (1) falls or in any subsequent year   An emissions performance unit for which the expiry date is not earlier than December 15 in the year in which it would be used to satisfy the revised report obligation shortfall.  

  6.   Obligation under paragraph 4 of subsection 13 (1)   An excess emissions unit distributed in the year in which the deadline for the obligation under paragraph 4 of subsection 13 (1) falls or in any subsequent year   An emissions performance unit for which the expiry date is not earlier than December 15 in the year in which it would be used to satisfy the obligation under paragraph 4 of subsection 13 (1). O. Reg. 562/22, s. 13.
Determination of total annual emissions limit
 12. For the purposes of the Reporting Regulation and this Regulation, the owner or operator of an EPS facility shall determine the total annual emissions limit in respect of the EPS facility for each compliance period in accordance with the Methodology. O. Reg. 562/22, s. 14.
Application of s. 13, adverse or no verification amount conclusion
 14. (1) If a verification statement for a report in respect of a facility for a compliance period includes an adverse verification amount conclusion or no verification amount conclusion, or if no verification statement was submitted in respect of a facility for a compliance period, the number determined in accordance with subsection (2) shall be substituted for the verified verification amount in respect of the report wherever it appears in section 13. O. Reg. 562/22, s. 15 (1). (2) Subject to subsection (5), the number mentioned in subsection (1) shall be the amount that is equal to 120 per cent of the highest of the following: 1. Any verification amount set out in a report prepared under the Reporting Regulation in respect of the facility. 2. Any verification amount set out in a report prepared under Ontario Regulation 143/16 in respect of the facility. 3. Any result of a calculation under paragraph 4 of subsection 7.3 (2) of Ontario Regulation 452/09 as it read on July 31, 2018 for the purposes of a report prepared under that Regulation in respect of the facility. 4. Any amount required to be set out in a report under paragraph 9 of section 6 of Ontario Regulation 452/09 as it read on December 9, 2015 in respect of the facility. O. Reg. 562/22, s. 15 (1). (3) If the number substituted is a number that is not a whole number, the number shall be rounded up to the nearest whole number. O. Reg. 241/19, s. 14 (3). (4) For the purposes of this section, the Director may aggregate the amounts that were reported by facilities within the meaning of the Reporting Regulation, Ontario Regulation 143/16 or Ontario Regulation 452/09 and that are currently sites that form part of the EPS facility, to obtain an amount for the purposes of any of the paragraphs of subsection (2) for a reporting period for all the sites that form part of the EPS facility, and where the Director aggregates amounts, the Director shall give notice of the aggregation to the owner or operator of the EPS facility. O. Reg. 729/21, s. 12; O. Reg. 562/22, s. 2, 15 (2). (5) Where the owner or operator of a facility receives a registered emitter notice under the Greenhouse Gas Pollution Pricing Act (Canada) after the first day of the first compliance period in respect of the registration for the facility, the value determined under subsection (2) shall be multiplied by the number of days from the effective date set out in the registered emitter’s notice to December 31 of the first compliance period in respect of the registration and then divided by the number of days in the year in order to establish the compliance obligation in respect of first compliance period in respect of the registration, with any necessary modifications where the Director has aggregated under subsection (4). O. Reg. 729/21, s. 12; O. Reg. 562/22, s. 15 (3). (6) A reference to a report in this section shall be read as including a revised report, if applicable. O. Reg. 562/22, s. 15 (4).
Removal, retirement of compliance instruments
 17. (1) The Director shall ensure that compliance instruments in a facility account that are eligible for use to satisfy a compliance obligation in respect of a compliance period and required for that purpose are removed in accordance with paragraph 2 of subsection (5) from the facility account and retired on or before December 31 in the year following the compliance period. O. Reg. 562/22, s. 17. (2) The Director shall ensure that compliance instruments in a facility account that are eligible for use to satisfy a revised report obligation in respect of a compliance period and required for that purpose are removed in accordance with paragraph 2 of subsection (5) from the facility account and retired no later than 15 days after the deadline by which the revised report obligation is to be satisfied. O. Reg. 562/22, s. 17. (3) If there is a compliance obligation shortfall, the Director shall, beginning in the year that is two years after the compliance period and ending when the compliance obligation shortfall and the obligation under paragraph 3 of subsection 13 (1) in respect of the compliance period have both been satisfied, remove compliance instruments in accordance with subsection (5) and retire them. O. Reg. 562/22, s. 17. (4) If there is a revised report obligation shortfall, the Director shall, beginning on the deadline for the revised report obligation and ending when the revised report obligation shortfall and the obligation under paragraph 4 of subsection 13 (1) in respect of the compliance period have both been satisfied, remove compliance instruments in accordance with subsection (5) and retire them. O. Reg. 562/22, s. 17. (5) The Director shall remove compliance instruments as follows: 1. As compliance instruments are transferred into the facility account at any time after December 15 in the year following the compliance period, the Director shall remove compliance instruments that are eligible for use to satisfy, as applicable, i. any compliance obligation shortfall, ii. any obligation under paragraph 3 of subsection 13 (1), iii. any revised report obligation shortfall, and iv. any obligation under paragraph 4 of subsection 13 (1). 2. If a facility account includes both emissions performance units and excess emissions units, the Director shall remove the compliance instruments as follows: i. Before removing any emissions performance units, remove all excess emissions units that are eligible for use to satisfy the applicable obligation in respect of the compliance period and required for that purpose. ii. When removing emissions performance units that are eligible for use to satisfy the applicable obligation in respect of the compliance period and required for that purpose, begin by removing those distributed in respect of the earliest compliance period and end with those distributed in respect of the most recent compliance period. O. Reg. 562/22, s. 17. (6) The Director shall ensure that compliance instruments in a facility account that are no longer eligible for use under this Regulation are removed from the facility account and retired. O. Reg. 562/22, s. 17.
Cumulative outstanding amount
 18. (1) Each year, the Director shall give written notice to the owner or operator of a facility in respect of a registration period setting out the amount determined in accordance with the following formula: A + B + C + D − E in which, subject to subsection (2), “A” is the sum of all compliance obligations, if any, in respect of the facility for each compliance period in the registration period, “B” is the sum of all obligations under paragraph 3 of subsection 13 (1), if any, in respect of the facility for each compliance period in the registration period, “C” is the sum of all revised report obligations, if any, in respect of the facility for each compliance period in the registration period, “D” is the sum of all obligations under paragraph 4 of subsection 13 (1), if any, in respect of the facility for each compliance period in the registration period, and “E” is, subject to subsection (3), the total number of all compliance instruments that have been removed and retired under subsection 17 (1), (2), (3) or (4) in respect of the facility for the registration period. O. Reg. 562/22, s. 17. (2) Subsection (1) does not apply if the amount determined under that subsection is zero or a negative number. O. Reg. 562/22, s. 17. (3) An obligation that has a deadline after February 15 in the year in which the notice is given shall not be included in a determination made under subsection (1). O. Reg. 562/22, s. 17. (4) A compliance instrument that was transferred into a facility account after February 15 in the year in which the notice is given shall not be included in the determination of “E” in subsection (1). O. Reg. 562/22, s. 17.
Retention of records
 20. A person who registered a facility shall ensure that all records relating to the following matters, including records created by any account representative in respect of the facility account, are kept in paper or electronic format for a period of at least seven years after the record was created: 1. The registration, and if applicable, the continuation or cancellation of the registration under this Regulation. 2. Transactions under this Regulation in respect of the facility account established as a result of the registration or continuation. 3. Identification of account representatives in respect of the facility account. O. Reg. 562/22, s. 19.
Giving or submitting records, form and manner
 21. (1) In this Regulation, if a record is required to be given or submitted, other than a record required to be given or submitted by the Director, the record shall be submitted in a form provided by or approved by the Director and in a manner approved by the Director. (2) The Director may require that a record that is given to the Director under this Regulation be given in an electronic format specified by the Director.
Form and manner of information
 21.1 If, under this Regulation, a person applies to the Director or is required to notify the Director or provide information to the Director, the person shall supply the application, notice or information in a form and manner acceptable to the Director. O. Reg. 562/22, s. 20.
Additional information requirements
 21.2 The owner or operator of an EPS facility shall provide the Director with copies of the following promptly after receiving them, and in no case more than 30 days after receiving them: 1. A statement provided by Environment Canada in respect of the facility that indicates that the facility is subject to a provincial output-based performance standards system relating to a provincial pricing mechanism for greenhouse gas emissions. 2. The notice of registration under subsection 64 (2) of the Greenhouse Gas Pollution Pricing Act (Canada) from the Minister of National Revenue setting out the effective date of registration of the owner or operator as a registered emitter in respect of the facility. O. Reg. 729/21, s. 17; O. Reg. 562/22, s. 2.
Notice by Director
 22. For the purposes of this Regulation, the Director may give notice in an electronic format.
Registration information
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Industrial activities
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