jswizzle3737/ontario_laws_and_regs huggingface dataset:
Facility
 1.1 (1) Subject to subsections (2), (3) and (4), for the purposes of the definition of “facility” in subsection 1 (1), any one of the following constitutes a facility: 1.  All of the following that are operated in an integrated manner to carry out a specified GHG Activity and that have at least one common owner or operator: i.  Sites at which a specified GHG 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 specified GHG activity, including a quarry, tailings pond, wastewater lagoon or pond and landfill. 2.  The portion of a natural gas pipeline system within Ontario, including associated installations and equipment that is used in natural gas transmission. 3.  The portion of a natural gas pipeline system within Ontario, including associated installations and equipment that is used in natural gas distribution. 4.  An electricity transmission or distribution system within Ontario. O. Reg. 13/20, s. 2; O. Reg. 730/21, s. 2 (1). (2) With respect to pipelines and associated installations or equipment that would form part of a single facility under paragraph 2 or 3 of subsection (1), if there is more than one owner or operator, (a)  only those pipelines and associated installations or equipment that have at least one common owner or operator are considered to form part of the same facility; and (b)  only those pipelines and associated installations or equipment that are operated in an integrated manner are considered to form part of the same facility. O. Reg. 13/20, s. 2. (3) Two or more sites referred to in paragraph 2, 3 or 4 of subsection (1) that would otherwise be considered to be separate facilities are considered to be a single facility if the facilities have at least one common owner or operator and are operated in an integrated manner. O. Reg. 13/20, s. 2. (4) 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 specified GHG activities is considered to be part of the facility. O. Reg. 13/20, s. 2. (5) 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. 13/20, s. 2. (6) 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. 13/20, s. 2; O. Reg. 730/21, s. 2 (2).
Application
 2. (1) Revoked: O. Reg. 13/20, s. 3. (2) The requirements in this Regulation relating to a greenhouse gas apply only in respect of a greenhouse gas listed in Column 1 of Schedule 1. (3) This Regulation does not apply to the IESO.
Greenhouse gas
 3. For the purposes of clause (g) of the definition of “greenhouse gas” in subsection 1 (1) of the Act, nitrogen trifluoride is prescribed as a greenhouse gas.
Calculation of amount of greenhouse gas
 4. (1) The amount of greenhouse gas in tonnes of CO2e shall be calculated for the purposes of this Regulation by applying the following formula:  where, E =  the amount of greenhouse gas, expressed in tonnes of CO2e, GHGi =  the total amount of greenhouse gas i, expressed in tonnes, GWPi =  the applicable global warming potential for greenhouse gas i, being the number set out in Column 5 of Schedule 1 opposite the greenhouse gas set out in Column 1, n =  the number of greenhouse gases, and i =  the greenhouse gas. O. Reg. 77/19, s. 2; O. Reg. 563/22, s. 3 (1). (2) Revoked: O. Reg. 563/22, s. 3 (2). Quantification and Reporting
Quantification and Reporting
nan
Duty to quantify, calculate
 5. (1) This section applies to a person who is the owner or operator of a facility at which a specified GHG activity is engaged in during a year, where it could be reasonably expected that the reporting amount in respect of the facility for the year, determined in accordance with the formula in subsection 6 (2), is 10,000 tonnes of CO2e or more. O. Reg. 730/21, s. 3. (2) The person is required to quantify the amount of greenhouse gas emitted during all specified GHG activities at the facility during a year. O. Reg. 390/18, s. 5 (2); O. Reg. 13/20, s. 4 (1). (3), (4) Revoked: O. Reg. 77/19, s. 3 (1). (5) The person shall, subject to subsection (6), use the standard quantification methods set out or specified in the Guideline to quantify the amount in respect of each specified GHG activity. O. Reg. 390/18, s. 5 (5); O. Reg. 77/19, s. 3 (2); O. Reg. 13/20, s. 4 (2). (6) The person may use methods other than the standard quantification methods in quantifying a maximum of the lesser of 20,000 tonnes and 3 per cent of the final quantification required under subsection (2). (7) Revoked: O. Reg. 13/20, s. 4 (3). (8) All amounts of greenhouse gas quantified or calculated shall be expressed as tonnes of CO2e. (9) Revoked: O. Reg. 13/20, s. 4 (3). (10) For the purposes of this section, if there is a change during a year in the owner or operator of a facility, the owner or operator at the end of the year is deemed to have been the owner or operator for the entire year. (11) For greater certainty, quantifications and calculations carried out in accordance with Ontario Regulation 143/16 before the day Ontario Regulation 389/18 made under the Climate Change Mitigation and Low-carbon Economy Act, 2016 came into force are deemed to have been carried out in accordance with this section.
Duty to report
 6. (1) This section applies to a person who is required under section 5 to quantify the amount of greenhouse gas emitted during all specified GHG activities at a facility during a year. O. Reg. 390/18, s. 6 (1); O. Reg. 13/20, s. 5 (1). (2) The person is required to give a report to the Director with respect to the specified GHG activities engaged in at the facility for the year if the reporting amount in respect of the facility for the year, determined in accordance with the following formula, is 10,000 tonnes of CO2e or more: R = (A – B) where, R =  the reporting amount, A =  the amount of greenhouse gas emitted during all specified GHG activities engaged in at the facility, quantified in accordance with section 5, and B =  the portion of A that is carbon dioxide emitted from the combustion of biomass. O. Reg. 13/20, s. 5 (2). (2.1) The person is required to give a report to the Director with respect to the specified GHG activities engaged in at the facility for the year if the facility is a covered facility, even if subsection (2) does not apply to the person. O. Reg. 13/20, s. 5 (2). (3) A report with respect to activities engaged in during a year shall be given to the Director on or before June 1 in the following year. (4) Revoked: O. Reg. 563/22, s. 4. (5) Revoked: O. Reg. 13/20, s. 5 (3). (6) The report shall contain all applicable information set out in Schedule 5.
Electricity importation, duty to quantify
 8. (1) A person who engages in electricity importation during 2019 or any subsequent year and who is a market participant within the meaning of subsection 2 (1) of the Electricity Act, 1998 shall quantify the total electricity, expressed in megawatt hours, imported by the person during the year. O. Reg. 242/19, s. 4. (2) The person shall use the standard quantification method or methods set out in the Guideline to quantify the amount of electricity imported. O. Reg. 242/19, s. 4. (3) Revoked: O. Reg. 13/20, s. 7. (4) If the amount of electricity imported is a number that is not a whole number when expressed in megawatt hours, the number shall be rounded up to the nearest megawatt hour. O. Reg. 242/19, s. 4.
Electricity importation, duty to report
 9. (1) If the total electricity imported for a year is greater than zero megawatt hours, as quantified by a person under section 8, the person shall give the Director a report with respect to the electricity importation during the year, containing all applicable information set out in Schedule 5. O. Reg. 242/19, s. 4. (2) A report with respect to electricity importation engaged in during a year shall be given to the Director on or before June 1 in the following year. O. Reg. 242/19, s. 4. (3) Revoked: O. Reg. 563/22, s. 4.
Electricity importation, continuing duty to report
 10. (1) A person who is required to give the Director a report with respect to electricity importation for a year under section 9 shall give the Director a report with respect to the activity for each subsequent year. O. Reg. 242/19, s. 4. (2) Subject to subsection (3), the requirement in subsection (1) to give reports for subsequent years ceases to apply in a year to a person in respect of electricity importation if the person has complied with the applicable requirements of this Regulation or Ontario Regulation 143/16, as the case may be, for the three consecutive years preceding the year and the total electricity imported by the person has been zero megawatt hours for each of those years. O. Reg. 242/19, s. 4. (3) Subsection (2) ceases to apply to a person if, for any year following its application, the total electricity imported by the person has been more than zero megawatt hours. O. Reg. 242/19, s. 4. (4) The requirement in subsection (1) to give reports for subsequent years ceases to apply to a person if the person, (a)  permanently ceases to engage in the activity and provides notice to the Director that the activity has ceased permanently; and (b)  gives the Director a report in respect of the final year in which the activity was engaged in. O. Reg. 242/19, s. 4; O. Reg. 13/20, s. 8. (5) The report shall contain all applicable information set out in Schedule 5. O. Reg. 242/19, s. 4. (6) A report with respect to electricity importation engaged in during a year shall be given to the Director on or before June 1 in the following year. O. Reg. 242/19, s. 4. (7) Revoked: O. Reg. 563/22, s. 4. 11. Revoked: O. Reg. 13/20, s. 9. Verification
Verification
nan
Reporting, general
 14. (1) This section applies in respect of reports given to the Director under this Regulation. (2) A report with respect to specified GHG activities engaged in at a facility must be with respect to all specified GHG activities engaged in at the facility. (3) If a person is required to give the Director a report with respect to specified GHG activities engaged in at more than one facility, a separate report must be given with respect to each facility. (4) If a person is required to give the Director a report with respect to electricity importation, the report shall not be combined with a report with respect to a specified GHG activity engaged in at a facility. O. Reg. 77/19, s. 9. (5) If the reporting amount or the verification amount is a number that is not a whole number when expressed in tonnes, the number shall be rounded up to the nearest tonne. O. Reg. 13/20, s. 11. (6) A person who is required to give the Director a report shall comply with all applicable sampling, analysis, measurement and recordkeeping requirements set out in the Guideline. (7) If the Guideline specifies that certain emissions are to be reported as emitted from a particular specified GHG activity, the emissions shall be reported as specified in the Guideline.
Accredited verification bodies, general duties
 16. (1) In verifying reports under this Regulation, an accredited verification body shall comply with ISO 14065 and ISO 14064-3. O. Reg. 13/20, s. 13 (1). (2) In verifying reports under this Regulation, an accredited verification body shall ensure that, (a)  any person selected to form part of a verification team meets the requirements for a verifier set out in ISO 14064-3; (b)  no person selected to form part of a verification team subcontracts the conduct of verifications to another person; (c)  each verification is reviewed by a peer reviewer in accordance with ISO 14065, as it relates to verification; and (d)  before a verification statement including a positive, qualified positive or adverse verification conclusion is prepared, the determination that forms the basis of the conclusion is reviewed by the peer reviewer. O. Reg. 13/20, s. 13 (1). (3) If the report is with respect to a specified GHG activity engaged in at a covered facility, the accredited verification body shall visit the covered facility if, (a)  the report is the first report with respect to the covered facility; (b)  the accredited verification body has not visited the covered facility in the previous two years for the purposes of conducting a verification with respect to the covered facility; (c)  the most recent verification of a report with respect to the covered facility resulted in an adverse verification statement or an adverse verification conclusion being submitted to the Director; (d)  the verification is the first by the accredited verification body in respect of a report prepared with respect to the covered facility; or (e)  the accredited verification body is of the opinion that a visit to the covered facility is necessary for the purposes of determining whether the report contains a material discrepancy. O. Reg. 730/21, s. 7. (4) For the purposes of subsection (3), (a)  the verification of a revised report does not count for the purpose of counting visits; and (b)  a visit is not required in the case of a revised report. O. Reg. 730/21, s. 7. (5) Revoked: O. Reg. 730/21, s. 7. (6) For the purposes of subsection (3), references to a report include a report under this Regulation, Ontario Regulation 143/16 or Ontario Regulation 452/09. O. Reg. 390/18, s. 16 (6); O. Reg. 242/19, s. 6 (6). (7) For the purposes of verifying a report, an accredited verification body is not required to verify amounts identified as B and C in section 12 that are set out in the report. O. Reg. 390/18, s. 16 (7); O. Reg. 242/19, s. 6 (7); O. Reg. 13/20, s. 13 (4).
Accredited verification bodies, duties re impartiality
 17. (1) Revoked: O. Reg. 13/20, s. 14. (2) An accredited verification body shall not conduct a verification of a report if any of the following circumstances apply: 1.  The accredited verification body has a potential conflict of interest that is a threat to the body’s impartiality or there is another threat to the body’s impartiality and the threat cannot be effectively managed with a mitigation plan that the Director has consented to in writing. 2.  The accredited verification body has provided greenhouse gas consultancy services to the owner or operator of the facility within the previous three years and the resulting threat to the body’s impartiality cannot be effectively managed with a mitigation plan that the Director has consented to in writing, except that a revised report may be verified by the verification body within those three years if it is in relation to an annual report verified by that verification body. 3., 4.  Revoked: O. Reg. 730/21, s. 8 (1). O. Reg. 390/18, s. 17 (2); O. Reg. 77/19, s. 12 (1); O. Reg. 242/19, s. 7 (1); O. Reg. 218/20, s. 8 (1); O. Reg. 730/21, s. 8 (1). (3) For the purposes of paragraph 2 of subsection (2), an accredited verification body provides greenhouse gas consultancy services if it provides any of the following services: 1.  Greenhouse gas quantification. 2.  Greenhouse gas data monitoring or recording. 3.  Greenhouse gas information system or internal auditing services. 4.  Training that supports greenhouse gas emissions reporting under this Regulation or any other greenhouse gas reporting program. O. Reg. 390/18, s. 17 (3); O. Reg. 242/19, s. 7 (2). (4) An accredited verification body shall not verify more than a total of six reports for the same covered facility within a period of nine years. O. Reg. 730/21, s. 8 (2). (4.1) Revoked: O. Reg. 730/21, s. 8 (2). (5) For the purposes of subsection (4) the verification of a revised report or a report under section 10 or 13 as those provisions read immediately before the day section 8 of Ontario Regulation 77/19 made under the Act came into force does not count for the purposes of counting the number of total reports. O. Reg. 730/21, s. 8 (2). (6) For the purposes of subsection (4), references to a report include a report prepared under Ontario Regulation 143/16 or Ontario Regulation 452/09. (7) Before completing a verification of a report under this Regulation, an accredited verification body shall assess the potential for any compromised impartiality in conducting the verification and provide to the Director a written assessment report that, (a)  identifies any potential compromised impartiality; and (b)  if any potential compromised impartiality is identified under clause (a), proposes a mitigation plan in respect of it. (8) After verification of a report has begun, the accredited verification body shall, if any potential compromise of its impartiality arises, immediately undertake the assessment mentioned in subsection (7) and submit a written assessment report in accordance with that subsection to the Director.
Verification statements
 18. (1) When verifying a report under this Regulation, an accredited verification body shall determine, in accordance with sections 19, 20 and 20.1, whether there is a reasonable level of assurance that the report contains no material discrepancy, whether the report was prepared in accordance with this Regulation and, in the case of a report given to the Director for a compliance period in respect of a covered facility, whether the total annual emissions limit for the covered facility was determined in accordance with the EPS Regulation. O. Reg. 563/22, s. 7. (2) The accredited verification body shall submit a verification statement in respect of a report to the person who gave the report to the Director and shall ensure that the verification statement meets the requirements set out in ISO 14064-3. O. Reg. 390/18, s. 18 (2); O. Reg. 13/20, s. 15 (2). (3) Revoked: O. Reg. 77/19, s. 13.
Production parameter verification conclusions
 20. (1) The accredited verification body shall include in the verification statement and report a production parameter verification conclusion as described in Column 1 of the following Table for each production parameter for the activities addressed by the report, if the determination set out opposite the type in Column 2 of the Table has been made in respect of the production parameter: TABLE   TYPES OF Production parameter verification conclusions Item   Column 1   Type of production parameter verification conclusion   Column 2   Determination of accredited verification body 

  1.   Positive.   Both of the following circumstances apply:   1.  There is a reasonable level of assurance that the report contains no material discrepancy in the production parameter.   2.  The production parameter in the report was prepared in accordance with this Regulation. 

  2.   Qualified positive.   Both of the following circumstances apply:   1.  There is a reasonable level of assurance that the report contains no material discrepancy in the production parameter.   2.  The production parameter in the report was prepared substantially in accordance with this Regulation. 

  3.   Adverse.   One or both of the following circumstances apply:   1.  There is a reasonable level of assurance that the report contains a material discrepancy in the production parameter.   2.  The production parameter in the report was not prepared substantially in accordance with this Regulation. O. Reg. 390/18, s. 20 (1); O. Reg. 77/19, s. 15 (1-4); O. Reg. 242/19, s. 10; O. Reg. 563/22, s. 9 (1). (2) A material discrepancy in a production parameter exists if the per cent discrepancy for the production parameter reported in respect of an activity is 5 per cent or more, based on the following formula: PD = (QPDv − QPDi) / QPDi × 100 where, PD =  per cent discrepancy for the production parameter, QPDv = quantity of the production parameter determined and verified by the accredited verification body, and QPDi =  quantity of the production parameter as set out in the report. O. Reg. 390/18, s. 20 (2); O. Reg. 730/21, s. 11 (1). (3) This section applies only if the report is in respect of a covered facility and is given to the Director for a compliance period in respect of the covered facility. O. Reg. 563/22, s. 9 (2).
Total annual emissions limit verification conclusion
 20.1 (1) This section applies only if the report is in respect of a covered facility and is given to the Director for a compliance period in respect of the covered facility. O. Reg. 563/22, s. 10. (2) The accredited verification body shall include in the verification statement and report a total annual emissions limit verification conclusion for the covered facility that is the subject of the report as described in Column 1 of the following Table, if the determination set out opposite the type in Column 2 of the Table has been made in respect of the total annual emissions limit for the covered facility: TABLE   TYPES OF total annual emissions limit verification conclusions Item   Column 1   Type of total annual emissions limit verification conclusion   Column 2   Determination of accredited verification body 

  1.   Positive.   Both of the following circumstances apply:   1.  There is a reasonable level of assurance that the report contains no material discrepancy in the total annual emissions limit for the covered facility.   2.  The total annual emissions limit for the covered facility in the report was determined in accordance with the EPS Regulation. 

  2.   Qualified positive.   Both of the following circumstances apply:   1.  There is a reasonable level of assurance that the report contains no material discrepancy in the total annual emissions limit for the covered facility.   2.  The total annual emissions limit for the covered facility in the report was determined substantially in accordance with the EPS Regulation. 

  3.   Adverse.   One or both of the following circumstances apply:   1.  There is a reasonable level of assurance that the report contains a material discrepancy in the total annual emissions limit for the covered facility.   2.  The total annual emissions limit for the covered facility in the report was not determined substantially in accordance with the EPS Regulation. O. Reg. 730/21, s. 12; O. Reg. 563/22, s. 1. (3) A material discrepancy in the total annual emissions limit for the facility exists if the per cent discrepancy for the total annual emissions limit for the covered facility is 5 per cent or more, based on the following formula: PD = (QAELv − QAELi) / QAELi × 100 where, PD =  per cent discrepancy for the total annual emissions limit for the covered facility, QAELv = actual total annual emissions limit for the covered facility, and QAELi = total annual emissions limit for the covered facility as set out in the report. O. Reg. 730/21, s. 12.
Compromise to impartiality
 22. (1) If the Director determines, after receiving a written assessment report under section 17, that there is a compromise to an accredited verification body’s impartiality, the Director shall do one of the following by providing written notice to the accredited verification body: 1.  Consent to the proposed mitigation plan, if any. 2.  Require the accredited verification body to cease conducting the verification and refuse to consent to any proposed mitigation plan. (2) The accredited verification body shall comply with the requirement of a notice under paragraph 2 of subsection (1).
Requests for information
 23. (1) The Director may ask a person to provide the following information: 1.  Information, including calculations and quantifications carried out in accordance with the Guideline, demonstrating that the person was not required to give reports to the Director and prepared based on information that is in the custody or control of the person and to which the person has or may reasonably obtain access. 2.  Copies of any submissions that the person was required to make under section 46 of the Canadian Environmental Protection Act, 1999 (Canada). 3.  Copies of any submissions made under the Greenhouse Gas Emissions Information Production Order (SOR/2018-214), made under the Greenhouse Gas Pollution Pricing Act
(Canada), pursuant to subsections 197 (2) and (3) of that Act. 4.  Any historical information used by the person to fill in missing data, or required by the Director to assess the filling in of missing data for emissions and production parameters. 5.  Any records used by the person to determine production parameters, the total annual emission limit and compliance obligations under the EPS Regulation. 6.  Any information other than information set out in paragraphs 4 and 5 that, in the opinion of the Director, is necessary for the purposes of the Director assessing the accuracy of the person’s report under this Regulation, including information in respect of production, energy use, material use or process parameters. 7.  Copies of any records the person is required to retain under this Regulation. O. Reg. 390/18, s. 23 (1); O. Reg. 242/19, s. 13; O. Reg. 563/22, s. 1. (2) A person who receives a request under this section shall provide the information to the Director by the date specified in the request.
Request for revised report, etc.
 23.1 (1) Within seven years after a report in respect of a facility is given to the Director under this Regulation, the Director may request, in writing, that the report be revised if one or more of the following circumstances exist: 1.  The Director is of the opinion that the accredited verification body that verified the report has a potential compromise to its impartiality. 2.  Based on production parameters and other data submitted by the owner or operator of the facility and verified by the accredited verification body, the Director has obtained a different result in calculating the total annual emissions limit. 3.  Based on emissions data, production parameters and other data submitted by the owner or operator of the facility and verified by the accredited verification body, the Director has obtained a different result in calculating the verification amount. 4.  In the five-year period before the date on which the report is given to the Director, one or more verification statements set out in verification reports given to the Director in respect of the facility have contained an adverse verification conclusion for, i.  a verification amount, ii.  a production parameter, or iii.  the total annual emissions limit. 5.  The Director has reason to believe that one or more requirements in this Regulation or the calculation methods set out in the Guideline have not been complied with in respect of the facility. O. Reg. 563/22, s. 12. (2) If a report mentioned in subsection (1) is in respect of a facility that is not a covered facility, a request under that subsection shall be made to the person who is the owner or operator of the facility at the time of the request. O. Reg. 563/22, s. 12. (3) If a report mentioned in subsection (1) is in respect of a covered facility, a request under that subsection made after the first compliance period in the registration period that includes the year to which the report relates shall be made to the person to whom Part III of the EPS Regulation applied in respect of the covered facility for the compliance period that, as of the date of the request, is the most recent compliance period in that registration period. O. Reg. 563/22, s. 12. (4) If a report mentioned in subsection (1) is in respect of a covered facility, a request under that subsection made before or during the first compliance period in the registration period mentioned in subsection (3) shall be made to the person who, as of the date of the request, is in receipt of the most recent confirmation of the covered facility’s registration or continuation of registration under the EPS Regulation in respect of that registration period. O. Reg. 563/22, s. 12. (5) A person to whom the Director makes a request under this section shall give the revised report and, if applicable, the verification report and verification statement in respect of the revised report, all prepared in accordance with this Regulation, to the Director within 90 days after receiving the Director’s request. O. Reg. 563/22, s. 12.
Retention of records
 24. (1) A person who is required to give a report to the Director under this Regulation shall keep the records set out in Schedule 3 of this Regulation in a paper or electronic format for at least seven years after the year to which the information relates. O. Reg. 390/18, s. 24 (1); O. Reg. 13/20, s. 20. (2) An accredited verification body shall keep each of the following records in a paper or electronic format for a period of at least seven years after they have been created or submitted: 1.  Documents and records generated during a verification. 2.  Verification statements. 3.  Verification reports. 4.  All documents upon which the conclusions in a verification statement or a verification report were based.
Change in information
 25. (1) If, during a year with respect to which a report is required to be given to the Director with respect to specified GHG activities engaged in at a facility, there is a change in the owner or operator of the relevant facility, the new owner or operator shall notify the Director in writing of the change within 30 days after the change. O. Reg. 390/18, s. 25; O. Reg. 77/19, s. 17. (2) Subsection (1) does not apply if the new owner or operator has provided notice of the change to the Director under the EPS Regulation.
O. Reg. 242/19, s. 14; O. Reg. 563/22, s. 1.
Giving or submitting records, form and manner
 26. (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.
Specified ghg activities (subsection 1 (1))
nan
Records to be retained (subsection 24 (1))
nan
Contents of report
nan