jswizzle3737/ontario_laws_and_regs huggingface dataset:
Ontario Emissions Trading Registry
nan
Establishment of Registry
 3. (1) The Minister shall establish, maintain and operate a registry known in English as the Ontario Emissions Trading Registry and in French as Registre ontarien des échanges de droits d’émission.  O. Reg. 397/01, s. 3 (1). (2) The Minister may, by written agreement, delegate to any person any of the Minister’s powers or duties relating to the establishment, maintenance and operation of the Registry.  O. Reg. 397/01, s. 3 (2).
Operation of Registry
 4. The operator of the Registry shall operate the Registry in accordance with this Regulation and the Ontario Emissions Trading Code. O. Reg. 397/01, s. 4.
Contents of Registry
 5. The Registry shall contain the following information: 1. For all emission allowances recorded in the Registry, i. the name of the person who acquired the allowances under section 7, 8, 9, 10, 11, 12, 13, 14 or 15, ii. the date the allowances were acquired under section 7, 8, 9, 10, 11, 12, 13, 14 or 15, and iii. the name of the person who currently holds the allowances and the amount of the allowances held by that person. 2. For all emission reduction credits recorded in the Registry, i. the name of the person who created the credits, ii. the date the credits were created, iii. the name of the person who currently holds the credits and the amount of the credits held by that person. 3. Such other information as is required by the Ontario Emissions Trading Code.  O. Reg. 397/01, s. 5.
Registry available to the public
 6. The operator of the Registry shall ensure that all information contained in the Registry is made available, without charge or on payment of a reasonable fee, to any person who requests it.  O. Reg. 397/01, s. 6. Distribution of Nitric Oxide and Nitrogen Oxides Emission Allowances
Distribution of Nitric Oxide and Nitrogen Oxides Emission Allowances
nan
Combined nitric oxide and nitrogen oxide facilities: 2002 to 2006
 7. (1) On January 1 of each year from 2002 to 2005, Ontario Power Generation Inc. shall be deemed to have acquired nitric oxide emission allowances in respect of the combined nitric oxide facilities in the amount set out in the following Table for that year:  Year   Amount of Nitric Oxide Emission Allowances (kilotonnes) 

  2002   35.0 

  2003   35.0 

  2004   25.0 

  2005   22.4 O. Reg. 193/05, s. 3. (2) On January 1 of 2006, Ontario Power Generation Inc. shall be deemed to have acquired 32.3 kilotonnes of nitrogen oxides emission allowances in respect of the combined nitrogen oxides facilities.  O. Reg. 193/05, s. 3.
Independent nitric oxide facilities: 2004 to 2006
 8. (1) The owner of an independent nitric oxide facility may apply to the Director for nitric oxide emission allowances for 2004 or 2005 in respect of the facility.  O. Reg. 397/01, s. 8 (1); O. Reg. 193/05, s. 4 (1). (1.1) The owner of an independent nitrogen oxides facility may apply to the Director for nitrogen oxides emission allowances for 2006 in respect of the facility.  O. Reg. 193/05, s. 4 (2). (2) An application under this section must be made not later than, (a) August 1, 2003, if the application relates to allowances for 2004; (b) June 1, 2004, if the application relates to allowances for 2005; or (c) June 1, 2005, if the application relates to allowances for 2006.  O. Reg. 202/03, s. 1. (3) An application may be made under this section by the owner of a facility that has not yet begun to generate electricity.  O. Reg. 397/01, s. 8 (3). (4) The owner of the Lakeview Generation Facility may, not later than June 1, 2004, apply to the Director for nitric oxide emission allowances for 2005 in respect of the facility.  O. Reg. 397/01, s. 8 (4). (5) The Director shall determine the following amount for each facility for which an application for nitric oxide emission allowances or for nitrogen oxides emission allowances is made in accordance with this section: (A ÷ B) × C where, A = the deemed electricity production of the facility, determined in accordance with section 2, B = the total deemed electricity production of all the facilities for which applications were made in accordance with this section, determined in accordance with section 2, C = the amount set out in the following Table for the year for which the emission allowances are applied for:  Year   Total Nitric Oxide and Nitrogen Oxides Emission Allowances (kilotonnes) 

  2004   10.0 nitric oxide 

  2005   12.6 nitric oxide 

  2006   21.3 nitrogen oxides O. Reg. 193/05, s. 4 (3). (6) If an application for nitric oxide emission allowances or nitrogen oxides emission allowances is made in accordance with this section in respect of a facility, (a) the Director shall send written notice of the amount determined for the facility under subsection (5) to the owner of the facility and to the operator of the Registry not later than October 1 in the year preceding the year for which the emission allowances are applied for; and (b) on January 1 of the year for which the emission allowances are applied for, the owner of the facility shall be deemed to have acquired nitric oxide emission allowances or nitrogen oxides emission allowances, as the case may be, in respect of the facility in the amount determined for the facility under subsection (5).  O. Reg. 193/05, s. 4 (3).
Combined nitrogen oxides facilities: 2007
 9. (1) On January 1, 2007, Ontario Power Generation Inc. shall be deemed to have acquired 23.7 kilotonnes of nitrogen oxides emission allowances in respect of the combined nitrogen oxides facilities that are located in the Pollution Emission Management Area.  O. Reg. 193/05, s. 5. (2) On January 1, 2007, Ontario Power Generation Inc. shall be deemed to have acquired 2.3 kilotonnes of nitrogen oxides emission allowances in respect of the combined nitrogen oxides facilities that are not located in the Pollution Emission Management Area.  O. Reg. 193/05, s. 5.
Distribution of Sulphur Dioxide Emission Allowances
nan
Combined sulphur dioxide facilities: 2002 and 2003
 13. On January 1, 2002 and January 1, 2003, Ontario Power Generation Inc. shall be deemed to have acquired 153.5 kilotonnes of sulphur dioxide emission allowances in respect of the combined sulphur dioxide facilities.  O. Reg. 397/01, s. 13.
Recording of Emission Allowances
nan
Recording of emission allowances
 16. The operator of the Registry shall ensure that the acquisition of emission allowances by a person under section 7, 8, 9, 10, 11, 12, 13, 14 or 15 is recorded in the Registry as soon as possible after the acquisition.  O. Reg. 397/01, s. 16.
Allowances created outside Ontario
 17. (1) The only emission allowances that may be recorded in the Registry are emission allowances that were acquired by a person under section 7, 8, 9, 10, 11, 12, 13, 14 or 15.  O. Reg. 397/01, s. 17 (1). (2) Subsection (1) does not prevent allowances created under the law of a jurisdiction outside Ontario from being recorded in the Registry as emission reduction credits if they meet the requirements of the Ontario Emissions Trading Code.  O. Reg. 397/01, s. 17 (2). Creation of Emission Reduction Credits
Creation of Emission Reduction Credits
nan
Creation of emission reduction credits
 18. (1) Subject to subsections (2) and (3), a person may create emission reduction credits in accordance with the Ontario Emissions Trading Code.  O. Reg. 397/01, s. 18 (1). (2) Emission reduction credits may be created only as a result of an emission reduction project undertaken in Ontario, the District of Columbia or one of the following states: 1. Delaware. 2. Illinois. 3. Indiana. 4. Kentucky. 5. Maryland. 6. Michigan. 7. New Jersey. 8. New York. 9. Ohio. 10. Pennsylvania. 11. West Virginia. 12. Wisconsin.  O. Reg. 397/01, s. 18 (2). (3) Despite subsection (2), emission reduction credits may be created as a result of an emission reduction project undertaken outside the areas referred to in subsection (2) if the Director is satisfied that reductions of nitrogen oxides emissions or sulphur dioxide emissions, as the case may be, achieved by the project have a measurable effect in Ontario.  O. Reg. 193/05, s. 9. Trading of Allowances And Credits
Trading of Allowances And Credits
nan
Trading of allowances and credits
 19. (1) Emission allowances and emission reduction credits may be transferred from one person to another in accordance with the Ontario Emissions Trading Code.  O. Reg. 397/01, s. 19 (1). (2) A person who has applied to the Director for approval to retire emission allowances or emission reduction credits for the purpose of subsection 20 (4) or 21 (4) may not transfer those allowances or credits to another person unless the Director refuses to approve their retirement.  O. Reg. 397/01, s. 19 (2). Obligation to Balance Emissions with Allowances and Credits
Nitric oxide and nitrogen oxides
 20. (1) This section applies to a generation facility for a year if, (a) nitric oxide emission allowances or nitrogen oxides emission allowances were acquired by any person in respect of the facility on January 1 of the previous year under section 7, 8, 9, 10 or 11; or (b) in respect of 2005 and later years, (i) the facility had a name plate capacity of more than 25 megawatts at any time in the previous year, (ii) the facility generated more than 20,000 megawatt hours of electricity in the previous year that was conveyed into the IESO-controlled grid or sold, if the previous year is 2004 or 2005, (iii) the facility generated more than 20,000 megawatt hours of electricity in the previous year, if the previous year is 2006 or a subsequent year, (iv) the quotient determined by dividing the amount of nitric oxide emitted from the facility in the previous year by the amount of electricity generated by the facility in the previous year is greater than 0.01 kilograms per megawatt hour, if the previous year is 2004 or 2005, and (v) the quotient determined by dividing the amount of nitrogen oxides emitted from the facility in the previous year by the amount of electricity generated by the facility in the previous year is greater than 0.015 kilograms per megawatt hour, if the previous year is 2006 or a subsequent year.  O. Reg. 193/05, s. 10. (2) Not later than March 31 in each year after 2002, the owner of a facility to which this section applies for the year shall apply to the Director for approval to retire nitric oxide emission allowances or nitrogen oxides emission allowances for the purpose of subsection (4).  O. Reg. 193/05, s. 10. (3) An application under subsection (2) may also include an application for approval to retire nitric oxide emission reduction credits or nitrogen oxides reduction credits for the purpose of subsection (4).  O. Reg. 193/05, s. 10. (4) For each year after 2002, the owner of a facility to which this section applies shall, not later than June 1 of the year, ensure that the following statement is true: A + (B × 0.9) ≥  C where, A = the total amount of nitric oxide emission allowances and nitrogen oxides emission allowances that are retired for the purpose of this subsection with the approval of the Director, B = the total amount of nitric oxide emission reduction credits and nitrogen oxides emission reduction credits that are retired for the purpose of this subsection with the approval of the Director, C = (i) if the previous year is 2002, 2003, 2004 or 2005, the amount of nitric oxide emitted from the facility in the previous year, or (ii) if the previous year is 2006 or a subsequent year, the amount of nitrogen oxides emitted from the facility in the previous year. O. Reg. 193/05, s. 10. (5) For the purpose of subsection (4), (a) a nitric oxide emission allowance is equivalent to 1.53 of a nitrogen oxides emission allowance; and (b) a nitric oxide emission reduction credit is equivalent to 1.53 of a nitrogen oxide emission reduction credit.  O. Reg. 193/05, s. 10.
Sulphur dioxide
 21. (1) This section applies to a generation facility for a year if, (a) sulphur dioxide emission allowances were acquired by any person in respect of the facility on January 1 of the previous year under section 13 or 14; or (b) in respect of 2005 and later years, (i) the facility had a name plate capacity of more than 25 megawatts at any time in the previous year, (ii) the facility generated more than 20,000 megawatt hours of electricity in the previous year that was conveyed into the IESO-controlled grid or sold, if the previous year is 2004 or 2005, (ii.1) the facility generated more than 20,000 megawatt hours of electricity in the previous year, if the previous year is 2006 or a subsequent year, and (iii) the quotient determined by dividing the amount of sulphur dioxide emitted from the facility in the previous year by the amount of electricity generated by the facility in the previous year is greater than 0.05 kilograms per megawatt hour.  O. Reg. 397/01, s. 21 (1); O. Reg. 193/05, s. 11. (2) Not later than March 31 in each year after 2002, the owner of a facility to which this section applies for the year shall apply to the Director for approval to retire sulphur dioxide emission allowances for the purpose of subsection (4).  O. Reg. 397/01, s. 21 (2). (3) An application under subsection (2) may also include an application for approval to retire sulphur dioxide emission reduction credits for the purpose of subsection (4).  O. Reg. 397/01, s. 21 (3). (4) For each year after 2002, the owner of a facility to which this section applies shall, not later than June 1 of the year, ensure that the following statement is true: A + (B × 0.9) ≥  C where, A = the total amount of sulphur dioxide emission allowances that are retired for the purpose of this subsection with the approval of the Director, B = the total amount of sulphur dioxide emission reduction credits that are retired for the purpose of this subsection with the approval of the Director, C = the amount of sulphur dioxide emitted from the facility in the previous year. O. Reg. 397/01, s. 21 (4).
Approval of Director
 22. (1) If an application for approval to retire emission allowances or emission reduction credits is made to the Director under section 20 or 21, the Director shall give approval or refuse to give approval within 30 days after he or she receives the application.  O. Reg. 397/01, s. 22 (1). (2) If the Director refuses to give approval, the applicant may, within 15 days after he or she receives notice of the Director’s decision, apply to the Director, (a) for reconsideration of the director’s decision; or (b) for approval to retire other emission allowances or emission reduction credits.  O. Reg. 397/01, s. 22 (2). (3) If an application is made under subsection (2), the Director shall make a decision on the application within 15 days after he or she receives the application.  O. Reg. 397/01, s. 22 (3).
Grounds for refusing approval
 23. (1) The Director may refuse to give approval to retire emission allowances only if, (a) the applicant is not shown as the holder of the allowances on the Registry; (b) the Director is not satisfied that the allowances are held by the applicant; or (c) retirement of the credits is not permitted by this Regulation.  O. Reg. 397/01, s. 23 (1). (2) The Director may refuse to give approval to retire emission reduction credits only if, (a) the applicant is not shown as the holder of the credits on the Registry; (b) the Director is not satisfied that the credits are held by the applicant; or (c) retirement of the credits is not permitted by this Regulation.  O. Reg. 397/01, s. 23 (2).
Information for Registry
 24. (1) A person who makes an application to the Director under section 20, 21 or 22 shall give written notice of the application to the operator of the Registry.  O. Reg. 397/01, s. 24 (1). (2) The Director shall give written notice of a decision on an application under section 20, 21 or 22 to the applicant and to the operator of the Registry and, if the Director has approved the retirement of emission allowances or emission reduction credits, the operator shall amend the Registry to indicate that the retired allowances or credits no longer exist.  O. Reg. 397/01, s. 24 (2). Limits on Retirement of Emission Allowances
Limits on retirement of emission allowances
 25. The owner of a facility may not retire emission allowances in a year for the purpose of subsection 20 (4) or 21 (4) if the allowances were acquired by a person under section 7, 8, 9, 10, 11, 13 or 14 on January 1 of that year.  O. Reg. 397/01, s. 25. Limits on Retirement of Emission Reduction Credits
Ratio of credits to allowances limits
 26. (1) The owner of a facility may not retire an amount of nitric oxide emission reduction credits and nitrogen oxides emission reduction credits in a year for the purpose of subsection 20 (4) unless the following statement is true: (A – B) × 0.9 ≤  C × 0.33 where, A = the total amount of nitric oxide emission reduction credits and nitrogen oxides emission reduction credits that are retired in the year for the purpose of subsection 20 (4), B = (i) if the previous year is 2002, 2003, 2004 or 2005, the amount of nitric oxide emitted from the facility in the previous year because of reliability must run contracts as defined in the market rules or directions given by the IESO under the authority of the market rules, or (ii) if the previous year is 2006 or later, the amount of nitrogen oxides emitted from the facility in the previous year because of reliability must run contracts as defined in the market rules or directions given by the IESO under the authority of the market rules, C = the total amount of nitric oxide emission allowances and nitrogen oxides emission allowances that are retired in the year for the purpose of subsection 20 (4). O. Reg. 193/05, s. 12 (1). (2) The owner of a facility may not retire an amount of sulphur dioxide emission reduction credits in a year for the purpose of subsection 21 (4) unless the following statement is true: (A – B) × 0.9 ≤  C × 0.10 where, A = the total amount of sulphur dioxide emission reduction credits that are retired in the year for the purpose of subsection 21 (4), B = the amount of sulphur dioxide emitted from the facility in the previous year because of reliability must run contracts as defined in the market rules or directions given by the IESO under the authority of the market rules, C = the total amount of sulphur dioxide emission allowances that are retired in the year for the purpose of subsection 21 (4). O. Reg. 397/01, s. 26 (2); O. Reg. 193/05, s. 12 (2).
Limit on nitric oxide and nitrogen oxides non-smog season credits
 27. The owner of a facility may retire nitric oxide non-smog season emission reduction credits and nitrogen oxides non-smog season emission reduction credits for a year for the purpose of subsection 20 (4) only if the following statement is true: (A ÷ B) ≤  (C ÷ D) where, A = the amount of nitric oxide or nitrogen oxides, as the case may be, emitted from the facility in the smog season in the year, B = the amount of nitric oxide or nitrogen oxides, as the case may be, emitted from the facility in the year, other than nitric oxide emitted in the smog season, C = the total amount of nitric oxide smog season emission reduction credits or nitrogen oxides smog season emission reduction credits, as the case may be, retired by the owner for the year for the purpose of subsection 20 (4), D = the total amount of nitric oxide non-smog season emission reduction credits or nitrogen oxides non-smog season emission reduction credits, as the case may be, retired by the owner for the year for the purpose of subsection 20 (4). O. Reg. 193/05, s. 13. Monitoring and Reporting
Nitric oxide and nitrogen oxides monitoring and reporting
 28. (1) This section applies to a generation facility for a year if, (a) nitric oxide emission allowances or nitrogen oxides emission allowances will be acquired by any person in respect of the facility on January 1 of the year under section 7, 8, 9, 10 or 11; or (b) section 20 can reasonably be expected to apply to the facility for the next year.  O. Reg. 397/01, s. 28 (1); O. Reg. 193/05, s. 14 (1). (2) Revoked: O. Reg. 354/19, s. 1 (1). (2.1) The owner of a facility to which this section applies for a year after 2005 shall ensure that emissions of nitrogen oxides from the facility are monitored during the year in accordance with, (a) a continuous emissions monitoring system installed and operated in accordance with the document prepared by the Ministry, entitled “Guideline for the Installation and Operation of Continuous Emission Monitoring (CEM) Systems”, as amended from time to time and available on a website of the Government of Ontario; or (b) a method that, in the opinion of the Director, will provide estimates of nitrogen oxides emissions at least as accurate as the estimates that would be provided by a continuous emission monitoring system referred to in clause (a).  O. Reg. 193/05, s. 14 (3); O. Reg. 354/19, s. 1 (1, 2). (2.2) Subsection (2.1) does not apply to a facility until January 1, 2007 if section 20 can reasonably be expected to first apply to the facility in 2007.  O. Reg. 193/05, s. 14 (3). (3) Revoked: O. Reg. 354/19, s. 1 (1). (4) Revoked: O. Reg. 354/19, s. 1 (1). (5) The owner of a facility to which this section applies for a year shall, not later than March 31 in the following year, submit a report to the Director stating, (a) the amount of nitric oxide or nitrogen oxides, as the case may be, emitted from the facility in the smog season in the year; (b) the amount of nitric oxide or nitrogen oxides, as the case may be, emitted from the facility in the year, other than nitric oxide or nitrogen oxides emitted during the smog season; and (c) the amount of nitric oxide or nitrogen oxides, as the case may be, emitted from the facility in the year because of reliability must run contracts as defined in the market rules or directions given by the IESO under the authority of the market rules.  O. Reg. 193/05, s. 14 (4).
Report of electricity generated
 30. Not later than March 31 in each year after 2004, each owner of a generation facility that had a name plate capacity of more than 25 megawatts at any time in the previous year shall submit a report to the Director stating, (a) the amount of electricity generated by the facility in the previous year; and (b) the amount of electricity generated by the facility in the previous year.  O. Reg. 397/01, s. 30; O. Reg. 193/05, s. 16.
Records
 31. A person who is required to submit a report to the Director under section 28, 29 or 30 shall ensure that the information and supporting documentation on which the report is based are kept for five years after the report is submitted.  O. Reg. 397/01, s. 31. Miscellaneous
Voluntary retirement
 32. The holder of emission allowances or emission reduction credits may retire the allowances or credits by giving written notice to the operator of the Registry and, on receipt of the notice, the operator shall amend the Registry to indicate that the retired allowances or credits no longer exist.  O. Reg. 397/01, s. 32.
Cogeneration facilities
 33. If a generation facility produces a useful product other than electricity, a reference in this Regulation to the amount of nitric oxide, nitrogen oxides or sulphur dioxide emitted from the facility during a period of time shall be deemed to be a reference to the amount determined in accordance with the following formula: (A ÷ B) × C where, A = the amount of energy used by the facility to produce electricity during the period of time, B = the total amount of energy used by the facility to produce electricity and other useful products during the period of time, C = the total amount of nitric oxide, nitrogen oxides or sulphur dioxide, as the case may be, emitted from the facility during the period of time. O. Reg. 397/01, s. 33; O. Reg. 193/05, s. 17.
Rounding of amounts
 34. (1) For the purposes of this Regulation, the final result of any calculation made under this Regulation that is measured in tonnes or kilotonnes and that is not a whole number when expressed in tonnes shall be rounded down to the nearest tonne.  O. Reg. 397/01, s. 34 (1). (2) For the purposes of this Regulation, any amount of nitric oxide, nitrogen oxides or sulphur dioxide used in a calculation under this Regulation that is not a whole number when expressed in tonnes shall be rounded up to the nearest tonne.  O. Reg. 397/01, s. 34 (2); O. Reg. 193/05, s. 18.
Forms
 35. An application or report to the Director under this Regulation must be in a form provided by or approved by the Director.  O. Reg. 397/01, s. 35. 36. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 397/01, s. 36.