Determinations of deemed electricity production
 2. (1) In this section, “following year” means, with respect to a determination of a facility’s deemed electricity production, the year following the year in which the determination is made; “preceding year” means, with respect to a determination of a facility’s deemed electricity production, the year preceding the year in which the determination is made.  O. Reg. 397/01, s. 2 (1). (2) Subject to subsections (3) to (16), for the purposes of this Regulation, a generation facility’s deemed electricity production shall be determined by the Director in accordance with the following formula: A + B + C where, A = the amount of electricity generated by the facility in the preceding year, B = if electricity was first generated by the facility in the preceding year, the amount of electricity that the owner of the facility estimates will be generated by the facility during the part of the following year that ends on the day before the second anniversary of the day electricity was first generated by the facility, C = if electricity will first be generated by the facility after the end of the preceding year, the amount of electricity that the owner of the facility estimates will be generated by the facility during the following year. O. Reg. 397/01, s. 2 (2). (3) If the owner of a generation facility makes an estimate of an amount of electricity for the purpose of the definition of “B” or “C” in subsection (2) and the Director is of the opinion that the estimate is too high, the Director may, for the purpose of that subsection, substitute a lower estimate made by the Director.  O. Reg. 397/01, s. 2 (3). (4) Subsections (5) to (9) only apply to the determination of a generation facility’s deemed electricity production if, (a) a previous determination of the facility’s deemed electricity production was made; (b) the new determination is being made in the second year after the previous determination; and (c) when the previous determination was made, the amount of “B” or “C” that was used for the purpose of subsection (2) was greater than zero.  O. Reg. 397/01, s. 2 (4). (5) In subsections (6) and (7), “completed production year” means the year following the year in which the previous determination referred to in subsection (4) was made. O. Reg. 397/01, s. 2 (5). (6) If, when the previous determination referred to in subsection (4) was made, the amount of “B” that was used for the purpose of subsection (2) was greater than zero, the Director shall, as part of the new determination, calculate the following amount: X – Y where, X = the amount of electricity produced by the generation facility during the part of the completed production year that ended on the day before the second anniversary of the day electricity was first generated by the facility, Y = the amount of “B” that was used for the purpose of subsection (2) when the previous determination was made. O. Reg. 397/01, s. 2 (6). (7) If, when the previous determination referred to in subsection (4) was made, the amount of “C” that was used for the purpose of subsection (2) was greater than zero, the Director shall, as part of the new determination, calculate the following amount: X – Y where, X = the amount of electricity produced by the generation facility during the completed production year, Y = the amount of “C” that was used for the purpose of subsection (2) when the previous determination was made. O. Reg. 397/01, s. 2 (7). (8) If this subsection applies to the determination of a facility’s deemed electricity production and an amount calculated under subsection (6) or (7) is greater than zero, the facility’s deemed electricity production is the amount determined under subsection (2), increased by the amount calculated under subsection (6) or (7).  O. Reg. 397/01, s. 2 (8). (9) If this subsection applies to the determination of a facility’s deemed electricity production and an amount calculated under subsection (6) or (7) is less than zero, the facility’s deemed electricity production is the amount determined under subsection (2), reduced by the following amount: – 1.1 × A where, A = the amount calculated under subsection (6) or (7). O. Reg. 397/01, s. 2 (9). (10) Despite subsections (2) to (9), but subject to subsection (11), if, for the purpose of section 8, a determination is made in 2004 of the Lakeview Generation Facility’s deemed electricity production, the facility’s deemed electricity production is the amount of electricity that the owner of the facility estimates will be generated by the facility during the period from May 1, 2005 to December 31, 2005.  O. Reg. 397/01, s. 2 (10). (11) If the owner of the Lakeview Generation Facility makes an estimate of an amount of electricity for the purpose of subsection (10) and the Director is of the opinion that the estimate is too high, the Director may, for the purpose of that subsection, substitute a lower estimate made by the Director.  O. Reg. 397/01, s. 2 (11). (12) If a determination is made in 2006 of the Lakeview Generation Facility’s deemed electricity production for the purpose of section 10 and a determination of the facility’s deemed electricity production was made in 2004 for the purpose of section 8, the Director shall, as part of the determination made in 2006, calculate the following amount: X – Y where, X = the amount of electricity produced by the Lakeview Generation Facility during the period from May 1, 2005 to January 1, 2005, Y = the estimate that was used in 2004 for the purpose of subsection (10) of the amount of electricity that would be produced by the Lakeview Generation Facility during the period from May 1, 2005 to January 1, 2005. O. Reg. 397/01, s. 2 (12). (13) If a determination is made in 2006 of the Lakeview Generation Facility’s deemed electricity production for the purpose of section 10 and the amount calculated under subsection (12) is greater than zero, the facility’s deemed electricity production is the amount determined under subsection (2), increased by the amount calculated under subsection (12).  O. Reg. 397/01, s. 2 (13). (14) If a determination is made in 2006 of the Lakeview Generation Facility’s deemed electricity production for the purpose of section 10 and the amount calculated under subsection (12) is less than zero, the facility’s deemed electricity production is the amount determined under subsection (2), reduced by the following amount: – 1.1 × A where, A = the amount calculated under subsection (12). O. Reg. 397/01, s. 2 (14). (15) Despite subsections (2) to (14), a generation facility’s deemed electricity production determined in a year for the purpose of section 8, 10 or 11 shall be deemed to be zero if the Director is satisfied that, (a) the facility will have a name plate capacity of more than 25 megawatts at no time in the following year; (b) the facility will not generate more than 20,000 megawatt hours of electricity in the following year; or (c) the quotient determined by dividing the amount of nitrogen oxides that will be emitted from the facility in the following year by the amount of electricity that will be generated by the facility in the following year will not be more than .015 kilograms per megawatt hour.  O. Reg. 397/01, s. 2 (15); O. Reg. 193/05, s. 2 (1). (16) Despite subsections (2) to (9), a generation facility’s deemed electricity production determined in a year for the purpose of section 14 shall be deemed to be zero if the Director is satisfied that, (a) the facility will have a name plate capacity of more than 25 megawatts at no time in the following year; (b) the facility will not generate more than 20,000 megawatt hours of electricity in the following year; or (c) the quotient determined by dividing the amount of sulphur dioxide that will be emitted from the facility in the following year by the amount of electricity that will be generated by the facility in the following year will not be more than 0.05 kilograms per megawatt hour.  O. Reg. 397/01, s. 2 (16); O. Reg. 193/05, s. 2 (2). (17) If a determination of a generation facility’s deemed electricity production is required by this Regulation, the Director may require the owner of the facility to submit to the Director information on the amount of electricity produced by the facility during any period referred to in this section.  O. Reg. 397/01, s. 2 (17). Ontario Emissions Trading Registry