jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application, greenhouse gases
 2. The requirements in this Regulation relating to a greenhouse gas apply only in respect of a greenhouse gas listed in Column 1 of Table 1. O. Reg. 398/15, s. 2.
Application, persons engaging in activities
 3. (1) Subsections 6 (1) and 7.4 (1) do not apply to the IESO or a person who is not a market participant within the meaning of subsection 2 (1) of the Electricity Act, 1998. O. Reg. 398/15, s. 2. (2) Subsections 6 (3) and 7.4 (3) apply only in respect of a person who is one of the following: 1. An owner or operator of a petroleum refinery. 2. An owner or operator of a fractionation facility. 3. A person who imports a petroleum product. O. Reg. 398/15, s. 2. (3) Subsections 6 (3) and 7.4 (3) apply only in respect of the supply of a petroleum product in circumstances where, (a) the product is used as a fuel and is not used in aviation or marine applications; and (b) the product has a final destination in Ontario. O. Reg. 398/15, s. 2. (4) If a person engages in petroleum product supply by transferring or selling a petroleum product to a person mentioned in paragraph 1, 2 or 3 of subsection (2), subsections 6 (3) and 7.4 (3) apply only in respect of such a transfer or sale if it occurs after the petroleum product has been moved from the petroleum refinery or fractionation facility at which the product was produced. O. Reg. 398/15, s. 2. General Requirements
Formula for calculating CO2e
 4. GHG emissions in tonnes of CO2e shall be calculated for the purposes of this Regulation by applying the following formula:  where, E =   the GHG emissions in tonnes of CO2e, GHGi = the total emissions of greenhouse gas i expressed in tonnes, GWPi = the global warming potential for greenhouse gas i, n =   the number of greenhouse gases, i = the greenhouse gas. O. Reg. 398/15, s. 2. Reporting
Reporting
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Table 2 activities, when report required
 5. (1) A person who owns or operates a facility at which a Table 2 activity is engaged in during a year and who is required to quantify GHG emissions associated with engaging in those activities at that facility under section 7.3 shall, (a) prepare a report in respect of all Table 2 activities engaged in at the facility during the year if the result of the calculation under clause 7.3 (1) (c) in respect of the facility is greater than or equal to 10,000 tonnes of CO2e; and (b) if a report is required under clause (a), prepare a report in respect of all Table 2 activities engaged in during each subsequent year at the facility. O. Reg. 398/15, s. 2. (2) Clause (1) (b) ceases to apply to a person in respect of a facility if, (a) the person has complied with this Regulation for three consecutive years and the result of the calculation under clause 7.3 (1) (c) in respect of the facility in each of those years has been less than 10,000 tonnes of CO2e; or (b) the Table 2 activities permanently cease to be engaged in at the facility and the person, (i) provides notice to the Director that the activities have ceased permanently, (ii) submits a report in respect of the final year in which the Table 2 activities were engaged in at the facility, and (iii) ensures that a verification of the report mentioned in subclause (ii) is conducted as required by this Regulation. O. Reg. 398/15, s. 2. (3) Subsection (2) ceases to apply to a person if, in any year following its application, the result of the calculation under clause 7.3 (1) (c) in respect of the facility is greater than or equal to 10,000 tonnes of CO2e. O. Reg. 398/15, s. 2. (4) For the purposes of this section, if there is a change during a year in the owner or operator of a facility at which a Table 2 activity is engaged in, the owner or operator at the end of the year is deemed to have been the owner or operator for the entire year. O. Reg. 398/15, s. 2. (5) A person who is required under subsection (1) to prepare a report in respect of Table 2 activities engaged in at more than one facility shall prepare a separate report in respect of each of the facilities. O. Reg. 398/15, s. 2. 5.1 Revoked: O. Reg. 398/15, s. 2.
Other activities, when report required
 6. (1) A person who engages in electricity importation during a year shall prepare a report in respect of that activity if the quantification of electricity imported by the person during the year is greater than zero megawatt hours. O. Reg. 398/15, s. 2. (2) A person who engages in natural gas distribution during a year and who is required to quantify GHG emissions associated with engaging in that activity under subsection 7.4 (2) shall prepare a report in respect of that activity if the quantification is greater than or equal to 10,000 tonnes of CO2e. O. Reg. 398/15, s. 2. (3) A person who engages in petroleum product supply during a year shall prepare a report in respect of that activity if the person supplies 200 litres or more of petroleum products during the year. O. Reg. 398/15, s. 2. (4) A person who is required under subsection (1), (2) or (3) to prepare a report in respect of an activity engaged in during a year shall prepare a report in respect of that activity engaged in during each subsequent year. O. Reg. 398/15, s. 2. (5) Subsection (4) ceases to apply to a person if, (a) the person has complied with this Regulation for three consecutive years and, (i) in the case of a report in respect of electricity importation, the quantification mentioned in subsection (1) has been zero megawatt hours in each of those years, (ii) in the case of a report in respect of natural gas distribution, the quantification mentioned in subsection (2) has been less than 10,000 tonnes of CO2e in each of those years, or (iii) in the case of a report in respect of petroleum product supply, the person has supplied less than 200 litres of petroleum products in each of those years; or (b) the person permanently ceases engaging in the activity and, (i) provides notice to the Director that the activity has ceased permanently, (ii) submits a report in respect of the final year in which the activity was engaged in, and (iii) ensures that a verification of the report mentioned in subclause (ii) is conducted as required by this Regulation. O. Reg. 398/15, s. 2. (6) Subsection (5) ceases to apply to a person in respect of an activity if, in any year following its application, (a) in the case of electricity importation, the quantification mentioned in subsection (1) is greater than zero megawatt hours; (b) in the case of natural gas distribution, the quantification mentioned in subsection (2) is greater than or equal to 10,000 tonnes of CO2e; and (c) in the case of petroleum product supply, the person supplies 200 litres or more of petroleum products. O. Reg. 398/15, s. 2. (7) For the purposes of this section, if there is a change during a year in the owner or operator of a pipeline transportation system used for natural gas distribution, the owner or operator at the end of the year is deemed to have been the owner or operator for the entire year. O. Reg. 398/15, s. 2. (8) If a person is required under more than one of subsections (1), (2) and (3) to prepare a report, the person shall prepare a separate report under each applicable subsection. O. Reg. 398/15, s. 2.
Submission of report
 7.1 (1) A person who is required to prepare a report under section 5 or 6 in respect of activities engaged in during a year shall submit the report to the Director on or before June 1 in the following year. O. Reg. 398/15, s. 2. (2) No report prepared under section 5 may be combined with a report prepared under section 6. O. Reg. 398/15, s. 2. (3) If, during a year in respect of which a report is required to be submitted in respect of a Table 2 activity engaged in at a facility or in respect of natural gas distribution, there is a change in the owner or operator of the facility, the new owner or operator shall notify the Director in writing of the change within 30 days after the change. O. Reg. 398/15, s. 2.
Revised reports
 7.2 (1) If a person who is required to prepare a report under section 5 or 6 in respect of an activity becomes aware of an error, omission or misstatement in a report submitted to the Director in respect of the activity, the person shall determine whether the individual or aggregate errors, omissions or misstatements result in a circumstance described in subsection 11 (1) or the circumstance described in subsection 11 (2). O. Reg. 398/15, s. 2. (2) If the result of the determination under subsection (1) is that one of the circumstances mentioned in subsection (1) has resulted, the person shall correct and revise the report and submit the revised report to the Director as soon as is reasonably possible. O. Reg. 398/15, s. 2. (3) If the result of the determination under subsection (1) is that there is a discrepancy but that none of the circumstances mentioned in subsection (1) has resulted, the person may correct and revise the report and submit the revised report to the Director. O. Reg. 398/15, s. 2. (4) If a person submits a revised report under this section and verification of the revised report is required under section 7.6 or 7.8, the person shall submit the revised report within 90 days after the day the person became aware of the error, omission or misstatement. O. Reg. 398/15, s. 2. Quantifications
Quantifications
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Table 2 activities
 7.3 (1) A person who owns or operates a facility at which a Table 2 activity is engaged in during a year and who reasonably expects that the GHG emissions associated with all Table 2 activities engaged in at the facility are greater than or equal to 10,000 tonnes of CO2e in that year shall, (a) quantify the total GHG emissions associated with the activities engaged in during the year, expressed in tonnes of CO2e; (b) quantify the total carbon dioxide emissions associated with the combustion of biomass from engaging in the activities during the year, expressed in tonnes of carbon dioxide; and (c) calculate the difference between the quantifications made under clauses (a) and (b). O. Reg. 398/15, s. 2. (2) A person mentioned in subsection (1) who is required to prepare a report in respect of Table 2 activities shall do the following: 1. Calculate the sum of the following GHG emissions quantified under clause (1) (a), expressed in tonnes of CO2e: i. The emissions associated with coal storage. ii. The emissions associated with the operation of equipment related to natural gas. iii. The emissions associated with cooling units at electricity generators. iv. The fugitive emissions from geothermal electricity generating facilities. 2. Quantify the total carbon dioxide emissions associated with the combustion of biomass from engaging in the activities set out in subparagraphs 1 i to iv during the year, expressed as tonnes of carbon dioxide. 3. Calculate the difference between the results of the calculations under paragraphs 1 and 2. 4. Calculate the difference between the results of the calculations under paragraph 3 and clause (1) (c). O. Reg. 398/15, s. 2. (3) For the purposes of subsections (1) and (2), the person shall, subject to subsection (4), use the standard quantification methods set out in the Guideline in respect of each Table 2 activity. O. Reg. 398/15, s. 2. (4) The person may use methods other than the standard quantification methods in quantifying a maximum of the lesser of 20,000 tonnes and three per cent of the GHG emissions associated with all Table 2 activities engaged in at the facility. O. Reg. 398/15, s. 2.
Other activities
 7.4 (1) A person who engages in electricity importation during a year shall quantify the total electricity, expressed in megawatt hours, imported by the person during the year. O. Reg. 398/15, s. 2. (2) A person who engages in natural gas distribution during a year and who reasonably expects that the GHG emissions associated with engaging in the activity are greater than or equal to 10,000 tonnes of CO2e during the year shall quantify the total GHG emissions, expressed in tonnes of CO2e, associated with engaging in the activity during the year. O. Reg. 398/15, s. 2. (3) A person who engages in petroleum product supply during a year and who reasonably expects to supply at least 200 litres of petroleum products during the year shall quantify the total GHG emissions, expressed in tonnes of CO2e, associated with the use of the petroleum products supplied by the person during the year. O. Reg. 398/15, s. 2. (4) For the purposes of subsections (1), (2) and (3), the person shall, subject to subsection (5), use the standard quantification methods set out in the Guideline in respect of the activity. O. Reg. 398/15, s. 2. (5) For the purposes of subsection (2), the person may use a method other than the standard quantification methods in quantifying a maximum of the lesser of 20,000 tonnes and three per cent of the GHG emissions associated with the activity. O. Reg. 398/15, s. 2.
General rules re quantifications
 7.5 (1) The following rules apply where the standard quantification methods in respect of an activity include a choice of calculation methodologies: 1. The person shall select one of the calculation methodologies and use it for all subsequent quantifications in respect of the activity, unless the Director consents in writing to the use of another methodology. 2. If the Director consents to the use of another methodology, the person shall use the methodology consented to for all subsequent quantifications in respect of the activity, unless the Director consents in writing to the use of another methodology. O. Reg. 398/15, s. 2. (2) If a calculation under clause 7.3 (1) (c) or a quantification under paragraph 4 of subsection 7.3 (2) or a quantification under section 7.4 results in a number that is not a whole number when expressed in tonnes, the number shall be rounded up to the nearest tonne. O. Reg. 398/15, s. 2. (3) A person who is required to prepare a report under section 5 or 6 shall comply with all applicable sampling, analysis, measurement and recordkeeping requirements set out in the Guideline. O. Reg. 398/15, s. 2. Verification
When verification required
 7.6 (1) A person who is required to prepare a report under section 5 or subsection 6 (2) shall ensure that, (a) an accredited verification body conducts a verification of the report and prepares a verification statement in respect of the report if the result of the calculation under paragraph 4 of subsection 7.3 (2) or the quantification under subsection 7.4 (2), as the case may be, is greater than or equal to 25,000 tonnes of CO2e for that year; and (b) if verification of a report is required under clause (a), an accredited verification body conducts a verification of each subsequent report in respect of the same activity and prepares a verification statement in respect of each subsequent report. O. Reg. 398/15, s. 3. (2) Clause (1) (b) ceases to apply to a person if the person has complied with this Regulation for three consecutive years and the result of the calculation under paragraph 4 of subsection 7.3 (2) or the quantification under subsection 7.4 (2), as the case may be, is less than 25,000 tonnes of CO2e for each of those years. O. Reg. 398/15, s. 3. (3) A person who is required to prepare a report under subsection 6 (1) or (3) shall ensure that, (a) an accredited verification body conducts a verification of the report and prepares a verification statement in respect of the report; and (b) if verification of a report is required under clause (a), an accredited verification body conducts a verification of each subsequent report in respect of the same activity and prepares a verification statement in respect of each subsequent report. O. Reg. 398/15, s. 3.
Verification optional
 7.7 No verification is required to be conducted for the purposes of this Regulation in respect of the portion of a report or a revised report that sets out quantifications performed under clause 7.3 (1) (b) or under paragraph 1or 2 of subsection 7.3 (2). O. Reg. 398/15, s. 3.
Revised report, when verification required
 7.8 (1) Section 7.6 applies in respect of a revised report as if it were the original report prepared under section 5 or 6. O. Reg. 398/15, s. 3. (2) If the original report was required to be verified under section 7.6, the person who submits the revised report shall ensure that an accredited verification body conducts a verification of the revised report and prepares a verification statement in respect of the revised report. O. Reg. 398/15, s. 3.
Submission of verification statement
 7.9 (1) Subject to subsection (2), a person who is required to submit a verification statement shall, subject to subsections 12.1 (3), 15 (3) and (4), ensure that the verification statement is submitted to the Director on or before September 1 in the year in which the report that was verified was required to be submitted to the Director. O. Reg. 398/15, s. 3. (2) A person who is required to submit a verification statement in respect of a revised report shall ensure that the verification statement is submitted to the Director within 90 days after the day the person became aware of the error, omission or misstatement that led the person to prepare the revised report. O. Reg. 398/15, s. 3.
Verification team
 8. In establishing a verification team for the purposes of conducting verifications under this Regulation, an accredited verification body shall ensure that, (a) clause 6.3 of ISO 14065, as it relates to verification teams, is complied with; (b) any person selected to form part of a verification team meets the requirements for a verifier set out in clause 4.1 of ISO 14064-3; and (c) no person selected to form part of a verification team subcontracts the conduct of verifications to another person.  O. Reg. 452/09, s. 8.
Peer review
 9. (1) An accredited verification body shall ensure that each verification that it conducts for the purposes of this Regulation is reviewed by a peer reviewer in accordance with clause 8.5 of ISO 14065, as it relates to verification activities.  O. Reg. 452/09, s. 9 (1). (2) As part of the review by a peer reviewer described in subsection (1), an accredited verification body shall ensure that, before a statement under paragraph 1 or 2 of subsection 12 (1) is submitted or a notice under subparagraph 3 ii of subsection 12 (1) is given, the determination that forms the basis of the statement or notice is reviewed by a peer reviewer.  O. Reg. 452/09, s. 9 (2); O. Reg. 398/15, s. 4.
Verification, general rules
 10. (1) An accredited verification body conducting a verification under this Regulation
shall, (a) ensure that clauses 4.2 to 4.10 of ISO 14064-3, as they relate to verification, are complied with, except for clauses 4.3.1 and 4.3.5; and (b) determine whether there is a reasonable level of assurance that the report, (i) contains no material discrepancy, as described in section 11, and (ii) was prepared in accordance with this Regulation. O. Reg. 398/15, s. 5. (2) For the purposes of clause 4.6 of ISO 14064-3, the following rules apply: 1. In the case of a report prepared in respect of Table 2 activities, the accredited verification body shall visit the facility in respect of which the report was prepared if, i. the verification is conducted in respect of the first report submitted in respect of the facility, ii. no accredited verification body has visited the facility for the purposes of conducting a verification of the last two reports submitted in respect of the facility, iii. the most recent verification of a report in respect of the facility resulted in an adverse verification statement being submitted to the Director, iv. the verification is the first verification conducted by the accredited verification body in respect of a report prepared in respect of the facility, or v. the accredited verification body is of the opinion that a visit to the facility is necessary for the purposes of determining whether the report contains a material discrepancy. 2. In the case of a report prepared in respect of an activity other than a Table 2 activity, the accredited verification body shall visit the headquarters or other location of central data management of the person if, i. the verification is conducted in respect of the person’s first report submitted in respect of an activity, ii. no accredited verification body has visited the headquarters or other location for the purposes of conducting a verification of the last two reports submitted by the person in respect of the activity, iii. the most recent verification of a report submitted by the person in respect of the activity resulted in an adverse verification statement being submitted to the Director, iv. the verification is the first verification conducted by the accredited verification body in respect of a report prepared by the person, or v. the accredited verification body is of the opinion that a visit to the headquarters or other location is necessary for the purposes of determining whether the report contains a material discrepancy. O. Reg. 398/15, s. 5.
Material discrepancy
 11. (1) An accredited verification body shall, after conducting a verification of a report, determine that there is a reasonable level of assurance that the report contains a material discrepancy if it determines that one of the following circumstances applies: 1. The per cent discrepancy in the total CO2e reported results in a discrepancy of five per cent or more, based on the following formula: PD = (SOU/TRE × 100) where, PD = per cent discrepancy, SOU = the net result of summing overstatements and understatements resulting from errors, omissions and misstatements, expressed in tonnes of CO2e, TRE = the total CO2e calculated under paragraph 4 of subsection 7.3 (2) or quantified under subsection 7.4 (2) or (3), as set out in the report. 2. The individual or aggregate effect of one or more errors, omissions or misstatements identified in the course of verification makes it probable that there is a discrepancy of five per cent or more in the result of the calculation under paragraph 4 of subsection 7.3 (2) or the quantification under subsection 7.4 (2) or (3), as set out in the report. O. Reg. 398/15, s. 5. (2) An accredited verification body shall, after conducting a verification of a report,  determine that there is a reasonable level of assurance that the report contains a material discrepancy if it determines that the per cent discrepancy in the production data reported in respect of an activity results in 0.1 per cent or more, based on the following formula: PD = (QPDv - QPDi)/QPDi × 100 where, PD = per cent discrepancy, QPDv =  quantity of production data determined and verified by the accredited verification body, QPDi = quantity of production data as set out in the report. O. Reg. 398/15, s. 5.
Verification statement
 12. (1) After conducting a verification of a report, the accredited verification body shall prepare and submit to the person who was required to prepare the report a verification statement that meets the requirements set out in clause 4.9 of ISO 14064-3 and that is prepared in accordance with the following rules: 1. The accredited verification body shall prepare and submit a positive verification statement, if it has determined that there is a reasonable level of assurance that the report contains no material discrepancy and that the report was prepared in accordance with this Regulation. 2. The accredited verification body shall prepare and submit a qualified positive verification statement if it has determined that there is a reasonable level of assurance that the report contains no material discrepancy and that the report was prepared substantially in accordance with this Regulation. 3. The accredited verification body shall prepare and submit an adverse verification statement if it has determined that there is a reasonable level of assurance that the report contains a material discrepancy or that the report was not prepared substantially in accordance with this Regulation, it has given notice in accordance with subsection (2) to the person who was required to prepare the report and one of the following circumstances applies: i. The person who received the notice has neither submitted a request under subsection (3) nor submitted a revised report to the Director and the accredited verification body. ii. The person who received the notice has submitted a request under subsection (3) and has not, after receiving notice of the Director’s confirmation under clause 12.1 (1) (a), submitted a revised report in accordance with subsection 12.1 (3). O. Reg. 398/15, s. 5. (2) Before preparing and submitting an adverse verification statement as described in paragraph 3 of subsection (1), the accredited verification body shall give to the person written notice of the determination, which notice shall include a statement that the person may make a request under subsection (3). O. Reg. 398/15, s. 5. (3) A person who receives a notice under subsection (2) may, within seven days after receiving the notice, submit a written request to the Director that the Director review the determination of the accredited verification body. O. Reg. 398/15, s. 5. (4) A person who submits a request under subsection (3) shall give a copy of the request to the accredited verification body. O. Reg. 398/15, s. 5.
Review by Director
 12.1 (1) Upon receiving a request under subsection 12 (3), the Director shall review the determination and provide written notice to the person who made the request and the accredited verification body, (a) confirming the determination of the accredited verification body; or (b) rejecting the determination of the accredited verification body and deeming a positive or qualified positive verification statement to have been submitted in respect of the report. O. Reg. 398/15, s. 5. (2) If the Director is of the opinion that additional information is required for the purpose of reviewing a determination, the Director may request additional information from the person or the accredited verification body, and the person or the accredited verification body shall comply with the request forthwith. O. Reg. 398/15, s. 5. (3) If the Director confirms the determination of the accredited verification body under clause (1) (a), the person may, within 60 days after the date of the Director’s confirmation, submit a revised report to the Director and the accredited verification body and a verification statement to the Director. O. Reg. 398/15, s. 5.
Verification report
 13. (1) If an accredited verification body conducts a verification of a report under this Regulation, it shall prepare a verification report that sets out, at a minimum, the following: 1. The proposed verification statement. 2. A description of the objectives and scope of the verification and the criteria applied in conducting the verification. 3. A description of the data and information supporting the report. 4. Details of the independent quantifications and checking of the data and information supporting the report. 5. A record of any error, omission, misstatement or non-compliance identified during the verification. 6. A record of any corrections made to the report as a result of the identification of anything mentioned in paragraph 5. 7. An assessment of the data management systems. 8. A summary of conclusions. 9. The peer reviewer’s approval of the verification report and the proposed verification statement.  O. Reg. 452/09, s. 13 (1); O. Reg. 398/15, s. 6 (1, 2). (2) An accredited verification body shall provide a copy of a verification report prepared under subsection (1) to the person who was required to prepare the report on or before the date that the verification statement is submitted to the person.  O. Reg. 452/09, s. 13 (2); O. Reg. 398/15, s. 6 (3).
Powers of Director
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Director, powers re verification statement
 15. (1) The Director may reject a verification statement if, (a) the Director determines that there is a compromise to the impartiality of the accredited verification body that issued the statement; or (b) based on the findings of an audit under section 16 or 17, the Director makes a determination that is different from the determination made by the accredited verification body under clause 10 (1) (b).  O. Reg. 452/09, s. 15 (1); O. Reg. 398/15, s. 8 (1, 2). (2) If the Director makes a determination under clause (1) (a) or (b), the Director shall provide written notice to the person who was required to prepare the report that was verified and to the accredited verification body.  O. Reg. 452/09, s. 15 (2); O. Reg. 398/15, s. 8 (3). (3) If the Director makes a determination under clause (1) (a), the person who was required to prepare the report shall ensure that the report is verified by another accredited verification body within 180 days after receiving notice of the Director’s determination. O. Reg. 398/15, s. 8 (4). (4) If the Director makes a determination under clause (1) (b), the person who was required to prepare the report shall ensure that the report is, (a) verified by the same accredited verification body within 60 days after receiving notice of the Director’s determination; or (b) verified by another accredited verification body within 180 days after receiving notice of the Director’s determination, if the Director so requires.  O. Reg. 452/09, s. 15 (4); O. Reg. 398/15, s. 8 (5).
Audits of report under s. 5 or 6
 16. (1) The Director may require an audit of a report required to be prepared under section 5 or 6 by giving written notice to the person who was required to prepare the report. O. Reg. 398/15, s. 9. (2) The person who was required to prepare the report shall submit to and assist with the audit and shall provide, upon the request of the Director for the purposes of the audit, the following documents: 1. All of the data used to generate the report, including all data made available to an accredited verification body for the purposes of verification of the report. 2. The verification report prepared by the accredited verification body. O. Reg. 398/15, s. 9. (3) Upon the request of the Director, the accredited verification body shall assist with the audit and provide all information mentioned in subsection 17 (2). O. Reg. 398/15, s. 9.
Audit of verification and verification report
 17. (1) The Director may require an audit of a verification and verification report by giving written notice to the person who was required to prepare the report that was verified and to the accredited verification body that conducted the verification. O. Reg. 398/15, s. 9. (2) The accredited verification body shall submit to and assist with the audit and shall provide, upon the request of the Director for the purposes of the audit, all information related to the verification and preparation of the verification report. O. Reg. 398/15, s. 9. (3) Upon the request of the Director, the person who was required to prepare the report that was verified shall assist with the audit and provide the documents mentioned in paragraphs 1 and 2 of subsection 16 (2). O. Reg. 398/15, s. 9.
Requests for information
 17.1 (1) The Director or a person designated by the Director may request in writing that any of the following persons submit information described in subsection (2) to the Director: 1. A person who owns or operates a facility at which a Table 2 activity is engaged in. 2. A person who engages in electricity importation. 3. A person who engages in natural gas distribution. 4. A person who engages in petroleum product supply. O. Reg. 398/15, s. 9. (2) Subsection (1) applies in respect of the following information: 1. Information, including biomass quantifications, demonstrating that the person was not required to prepare and submit a report in respect of activities engaged in during a year. 2. Copies of any submissions that the person was required to make to the Federal government under section 46 or 71 of the Canadian Environmental Protection Act, 1999. 3. A report setting out the following information in respect of GHG emissions associated with the person’s activities engaged in during any year before the first year in respect of which the person was required to prepare a report: i. Quantifications of GHG emissions associated with the activities, expressed in tonnes of CO2e and quantified, A. using the applicable standard quantification methods set out in the Guideline, or B. if the person is unable to use the applicable standard quantification methods set out in the Guideline, using the applicable best alternative quantification methods set out in the Guideline for the activities or another method that is consented to by the Director in writing. ii. A description of the quantification method used and the data used in the quantifications. iii. Any other information specified by the Director that is related to the quantifications. O. Reg. 398/15, s. 9. (3) A report mentioned in paragraph 3 of subsection (2) shall be prepared based on information that is in the custody or control of the person or to which the person has, or reasonably can obtain, access. O. Reg. 398/15, s. 9. (4) A person who receives a request under this section shall provide the information to the Director by the date specified in the request. O. Reg. 398/15, s. 9. Retention of Documents and Records
Retention of Documents and Records
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Retention
 18. (1) A person who is required to perform a quantification under this Regulation shall, in addition to complying with clause 4.10 of ISO 14064-3, keep the following documents and records in a paper or electronic format for a period of at least seven years after the year to which the information relates: 1. A report prepared by the person under this Regulation. 2. A verification report prepared in respect of a report mentioned in paragraph 1. 3. A list of all units, processes, activities and operations that were taken into account in quantifying or estimating GHG emissions. 4. All records and documents used to quantify or estimate GHG emissions from each activity, categorized by process and fuel or material type. 5. If the person engages in electricity importation, NERC E-tags, power contracts, IESO settlement data and all other information needed to confirm the transactions. 5.1 Documentation of the process for collecting GHG emissions data. 6. A record showing any greenhouse gas quantifications and the quantification methods used. 7. A record showing all emission factors used for quantifications, including documentation for any site specific factors developed under the applicable standard quantification method. 8. All input data used for greenhouse gas estimates. 9. Documentation of biomass fractions for specific fuels. 10. All data submitted to the Director under this Regulation. 11. All quantifications made to fill in missing data. 12. Names and documentation of key personnel involved in quantifying and reporting on GHG emissions. 13. A log relating to each year, documenting all procedural changes made in data collection and calculations and changes to instrumentation for greenhouse gas estimations and quantifications. 14. If a measurement-based quantification method is used, i. a list of all emission points monitored, ii. collected monitoring data, iii. quality assurance and quality control information, iv. a detailed technical description of the continuous emissions monitoring system, including documentation of any findings and approvals by the Province, v. raw and aggregated data from the continuous emissions monitoring system, vi. a log book showing all system down-times, calibrations, servicing and maintenance of the continuous emissions monitoring system, and vii. documentation of any changes in the continuous emissions monitoring system over time. 15. Any other information that is required for verification of a report mentioned in paragraph 1.  O. Reg. 452/09, s. 18 (1); O. Reg. 398/15, s. 10 (1, 2). (2) The person shall, upon the request of the Director, provide a document or record mentioned in subsection (1) forthwith. O. Reg. 398/15, s. 10 (3).
Retention by accredited verification body
 19. An accredited verification body shall keep each of the following documents and 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.  O. Reg. 452/09, s. 19. Forms
Forms
 20. (1) In this Regulation, if a notice, report, statement or other document is required to be given or submitted, other than a document required to be given or submitted by the Director, the notice, report, statement or other document shall be submitted in a form provided by or approved by the Director and in a manner approved by the Director.  O. Reg. 452/09, s. 20 (1); O. Reg. 398/15, s. 11. (2) The Director may require that a document or other record that is given to the Director under this Regulation be given in an electronic format specified by the Director.  O. Reg. 452/09, s. 20 (2). Transitional Rules
Transitional Rules
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Definitions
 21. In this section and sections 22 to 26, “2015 activities” means activities engaged in during 2015; “2016 activities” means activities engaged in during 2016; “2016 report” means a report prepared in respect of 2015 activities; “2017 report” means a report prepared in respect of 2016 activities; “pre-2016 regulation” means this Regulation as it read on December 31, 2015; “specified Table 2 activity” means a Table 2 activity listed in Item 16, 18 or 19 of Table 2. O. Reg. 398/15, s. 12.
2015 activities
 22. (1) Subject to subsection (2), (a) the requirements of the pre-2016 regulation continue to apply to a person mentioned in subsection 2 (1) of the pre-2016 regulation in respect of 2015 activities that are sources mentioned in subsection 2 (1) of the pre-2016 regulation; and (b) the pre-2016 regulation, except for section 11 of that regulation, applies in respect of the verification of 2016 reports. O. Reg. 398/15, s. 12. (2) Section 12 of this Regulation, as remade by Ontario Regulation 398/15 made under the Act, applies in respect of the verification of 2016 reports. O. Reg. 398/15, s. 12.
Steps taken under pre-2016 regulation
 23. For the purposes of applying this Regulation as amended by Ontario Regulation 398/15 in respect of a person who is required to do anything under the pre-2016 regulation in respect of activities engaged in before 2016, (a) a person who prepared a report under the pre-2016 regulation in respect of 2015 activities is deemed to have prepared a report under clause 5 (1) (a) or (b) of this Regulation, as the case may be; (b) the references in clause 5 (2) (a) and subsection 7.6 (2) to a calculation or quantification are deemed to include a calculation or quantification performed by a person under the pre-2016 regulation for the purpose of determining whether subsection 5 (1) of the pre-2016 regulation applied; and (c) a person who ensured verification of a report mentioned in clause (a) under the pre-2016 regulation is deemed to have ensured verification under clause 7.6 (1) (a) or (b), as the case may be. O. Reg. 398/15, s. 12.
Quantification of 2016 emissions from Table 2 activities
 24. (1) This section applies to a person who owns or operates a facility at which a Table 2 activity is engaged in during 2016 and who reasonably expects that the emissions associated with all 2016 Table 2 activities engaged in at the facility are greater than or equal to 10,000 tonnes of CO2e. O. Reg. 398/15, s. 12. (2) A person to whom this section applies and who is required to prepare a 2017 report in respect of a specified Table 2 activity shall do the following: 1. Calculate the sum of the GHG emissions from 2016 activities quantified under clause 7.3 (1) (a), expressed in tonnes of CO2e, that are associated with any specified Table 2 activities. 2. Quantify the total carbon dioxide emissions associated with the combustion of biomass from engaging in the specified Table 2 activities in the year, expressed as tonnes of carbon dioxide. 3. Calculate the difference between the results of the calculations under paragraphs 1 and 2. 4. Calculate the difference between the results of the calculations under paragraph 4 of subsection 7.3 (2) and paragraph 3. O. Reg. 398/15, s. 12. (3) A reference in this Regulation to the quantification under paragraph 4 of subsection 7.3 (2) is deemed to be a reference to the calculation under paragraph 4 of subsection (2) in the case of a person mentioned in subsection (2). O. Reg. 398/15, s. 12.