Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186)

Act current to 2019-06-06 and last amended on 2019-04-01. Previous Versions

PART 1Fuel Charge (continued)

DIVISION 4Registration, Reporting Periods, Returns and Payments (continued)

SUBDIVISION ARegistration (continued)

Marginal note:Road carrier — registration required

  •  (1) A person is required to be registered, for the purposes of this Part, as a road carrier in respect of a type of fuel that is a qualifying motive fuel if the person uses fuel of that type in a specified commercial vehicle in a listed province unless the person is, or is required to be, registered, for the purposes of this Part as

    • (a) a distributor in respect of that type of fuel;

    • (b) a specified air carrier or air carrier in respect of that type of fuel;

    • (c) a specified marine carrier or marine carrier in respect of that type of fuel; or

    • (d) a specified rail carrier or rail carrier in respect of that type of fuel.

  • Marginal note:Road carrier — registration required

    (2) A person is required to be registered for the purposes of this Part as a road carrier in respect of a type of fuel if

    • (a) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or

    • (b) prescribed circumstances exist or prescribed conditions are met.

  • Marginal note:Road carrier — registration permitted

    (3) A person may apply to the Minister to be registered for the purposes of this Part as a road carrier in respect of a type of fuel if

    • (a) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or

    • (b) prescribed circumstances exist or prescribed conditions are met.

  • Marginal note:Timing of application

    (4) A person that is required under this section to be registered as a road carrier in respect of a type of fuel must apply to the Minister for registration

    • (a) unless paragraph (b) applies, before the later of commencement day and the day on which the person first uses fuel of that type in a specified commercial vehicle in a listed province; or

    • (b) if prescribed circumstances exist or prescribed conditions are met, before the prescribed time.

  • Marginal note:Non-application

    (5) This section does not apply

    • (a) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or

    • (b) if prescribed circumstances exist or prescribed conditions are met.

Marginal note:Application for registration

  •  (1) An application for registration under this Division is to be made in prescribed form containing prescribed information and is to be filed with the Minister in prescribed manner.

  • Marginal note:Notification

    (2) The Minister may register any person that applies for registration and, if the Minister does so, the Minister must notify the person of the registration number assigned to the person for the purposes of this Part and of the effective date of the registration.

Marginal note:Cancellation of registration

  •  (1) The Minister may, after giving a person that is registered under this Division reasonable written notice, cancel a registration of the person under this Division if the Minister is satisfied that the registration is not required for the purposes of this Part.

  • Marginal note:Request for cancellation

    (2) If a person files with the Minister in prescribed manner a request, in prescribed form containing prescribed information, to have a registration of the person cancelled, the Minister must cancel the registration of the person if the Minister is satisfied that the registration is not required for the purposes of this Part.

  • Marginal note:Cancellation in prescribed circumstances

    (3) The Minister must cancel a registration of a person under this Division in prescribed circumstances.

  • Marginal note:Notice of cancellation

    (4) If the Minister cancels a registration of a person under this Division, the Minister must notify the person of the cancellation and the effective date of the cancellation.

  • Marginal note:Cancellation — distributor

    (5) If a person is registered as a distributor in respect of a type of fuel, the Minister must cancel that registration when registering the person as

    • (a) a specified air carrier or air carrier in respect of that type of fuel;

    • (b) a specified marine carrier or marine carrier in respect of that type of fuel; or

    • (c) a specified rail carrier or rail carrier in respect of that type of fuel.

  • Marginal note:Cancellation — importer

    (6) If a person is registered as an importer in respect of a type of fuel, the Minister must cancel that registration when registering the person as

    • (a) a distributor in respect of that type of fuel;

    • (b) a specified air carrier or air carrier in respect of that type of fuel;

    • (c) a specified marine carrier or marine carrier in respect of that type of fuel;

    • (d) a specified rail carrier or rail carrier in respect of that type of fuel;

    • (e) an emitter; or

    • (f) a user in respect of that type of fuel.

  • Marginal note:Cancellation — user

    (7) If a person is registered as a user in respect of a type of fuel, the Minister must cancel that registration when registering the person as a distributor in respect of that type of fuel.

  • Marginal note:Cancellation — road carrier

    (8) If a person is registered as a road carrier in respect of a type of fuel, the Minister must cancel that registration when registering the person as

    • (a) a distributor in respect of that type of fuel;

    • (b) a specified air carrier or air carrier in respect of that type of fuel;

    • (c) a specified marine carrier or marine carrier in respect of that type of fuel; or

    • (d) a specified rail carrier or rail carrier in respect of that type of fuel.

  • Marginal note:Cancellation — carrier

    (9) If a person is registered, in respect of a type of fuel, as a specified air carrier, an air carrier, a specified marine carrier, a marine carrier, a specified rail carrier or a rail carrier, the Minister must, unless prescribed circumstances exist or prescribed conditions are met, cancel whichever of those registrations applies when registering the person as

    • (a) a specified air carrier or air carrier in respect of that type of fuel;

    • (b) a specified marine carrier or marine carrier in respect of that type of fuel;

    • (c) a specified rail carrier or rail carrier in respect of that type of fuel; or

    • (d) an emitter.

Marginal note:Security

  •  (1) For the purposes of this Part, the Minister may require a person that applies to be registered, or that is required to be registered, under this Division to give and maintain security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any amount that is or may become payable by the person under this Part.

  • Marginal note:Failure to comply

    (2) If, at any time, a person referred to in subsection (1) fails to give or maintain security in an amount satisfactory to the Minister, the Minister may retain as security, out of any amount that may be or may become payable under this Part to the person, an amount not exceeding the amount determined by the formula

    A – B

    where

    A
    is the amount of security that would, at that time, be satisfactory to the Minister if it were given by the person in accordance with subsection (1); and
    B
    is the amount of security, if any, given and maintained by the person in accordance with subsection (1).
  • Marginal note:Amount deemed paid

    (3) The amount retained under subsection (2) is deemed to have been paid, at the time referred to in that subsection, by the Minister to the person, and to have been given, immediately after that time, by the person as security in accordance with subsection (1).

 
Date modified: