PART 2Industrial Greenhouse Gas Emissions (continued)
DIVISION 1Pricing Mechanism for Greenhouse Gas Emissions (continued)
Orders and Regulations
Marginal note:Amendments to Part 2 of Schedule 1
189 (1) For the purpose of ensuring that the pricing of greenhouse gas emissions is applied broadly in Canada at levels that the Governor in Council considers appropriate, the Governor in Council may, by order, amend Part 2 of Schedule 1 by adding, deleting or amending the name of a province or the description of an area.
(2) In making an order under subsection (1), the Governor in Council shall take into account, as the primary factor, the stringency of provincial pricing mechanisms for greenhouse gas emissions.
Marginal note:Exclusive economic zone and continental shelf
(3) For greater certainty, an area referred to in subsection (1) may include a part of the exclusive economic zone of Canada or the continental shelf of Canada.
189.1 Despite section 164.2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, if the offshore area, as defined in section 2 of that Act, is mentioned in Part 2 of Schedule 1 to this Act, section 164.2 of that Act does not apply.
Marginal note:Amendments to Schedule 3
(2) In making an order under subsection (1), the Governor in Council may take into account any factor that the Governor in Council considers appropriate, including any change in the reporting requirements under the United Nations Framework Convention on Climate Change, done in New York on May 9, 1992.
Marginal note:Amendments to Schedule 4
191 The Governor in Council may, by order, amend Schedule 4 by
(a) adding a calendar year to column 1 and an excess emissions charge to column 2 for that year; and
(b) amending the excess emissions charge set out in column 2 for a calendar year set out in column 1.
192 The Governor in Council may make regulations for the purposes of this Division, including regulations
(a) defining facility;
(b) respecting covered facilities, including the circumstances under which they cease to be covered facilities;
(c) allowing for the determination of the persons that are responsible for a facility or covered facility;
(d) respecting designations and cancellations of designations under section 172;
(e) respecting compliance periods and the associated regular-rate compensation deadlines and increased-rate compensation deadlines;
(f) respecting the reports and verifications referred to in section 173 and subsections 176(2) and 177(2);
(g) respecting greenhouse gas emissions limits referred to in sections 173 to 175, subsection 178(1), section 182 and subsection 183(1);
(h) respecting the quantification of greenhouse gases that are emitted by a facility;
(i) respecting the circumstances under which greenhouse gases are deemed to have been emitted by a facility;
(j) respecting the methods, including sampling methods, and equipment that are to be used to gather information on greenhouse gas emissions and activities related to those emissions;
(k) respecting the compensation referred to in sections 174 and 178;
(l) respecting compliance units, including transfers of compliance units, the circumstances under which transfers of compliance units are prohibited and the recognition of units or credits issued by a person other than the Minister as compliance units;
(m) respecting the tracking system referred to in section 185 and the accounts in that system;
(n) providing for user fees;
(o) respecting the rounding of numbers;
(p) respecting the retention of records referred to in section 187; and
(q) respecting the correction or updating of information that has been provided under this Division.
Marginal note:Transitional measures
193 The Governor in Council may make regulations respecting transitional matters related to the deletion of the name of a province or the description of an area from Part 2 of Schedule 1 or to circumstances in which a facility ceases to be a covered facility, including regulations respecting the application of this Division during a portion of a compliance period.
194 (1) An order made under section 189, 190 or 191 and a regulation made under section 192 or 193 may have effect earlier than the day on which it is made if it so provides and it gives effect to measures referred to in a notice published by the Minister. However, the order or regulation must not have effect before the day on which the notice is published.
Marginal note:Statutory Instruments Act
(2) For greater certainty, a notice referred to subsection (1) is a regulation as defined in subsection 2(1) of the Statutory Instruments Act if, for the purpose of ensuring the early registration under section 171 of facilities as covered facilities, the notice sets out criteria respecting facilities and persons.
Marginal note:Regulations — offset credit system
195 The Governor in Council may make regulations establishing an offset credit system for projects that prevent greenhouse gases from being emitted or that remove greenhouse gases from the atmosphere, including regulations
(a) respecting the issuance by the Minister of offset credits to persons that are responsible for the projects;
(b) imposing requirements on those persons;
(c) respecting the registration and monitoring of the projects;
(d) respecting the keeping and retention of records; and
(e) providing for user fees.
196 The Minister may delegate his or her powers, duties and functions under this Division, with the exception of the one set out in subsection 194(1), to any person.
DIVISION 2Information and Samples
(a) to assess the emission levels in Canada of greenhouse gases or other gases that contribute or could contribute to climate change;
(b) to determine whether measures to control those emissions are required and, if so, what measures are to be taken; and
(c) to ensure that information that is necessary for the purposes of Division 1 is gathered or provided to the Minister.
(2) The Minister may, by order, require any person that is described in the order
(a) to notify the Minister if, during a period specified in the order, the person is or was engaged in any activity related to gases specified in the order;
(b) to gather information on those gases, including
(c) to gather samples of those gases or any substance or product, including a fuel, that is related to those gases;
(d) to use specified methods and equipment to gather the information and samples or to quantify gas emissions; and
(e) to provide any information on those gases or to provide any samples referred to in paragraph (c) to the Minister.
Marginal note:Other requirements
(3) The order may also
(a) require numbers to be rounded in accordance with a method specified in the order;
(b) require any information that must be provided to be verified by a third party in accordance with the order;
(c) require copies of any information that is provided — and any documents, calculations, measurements and other data on which the information is based — to be retained in a location specified in the order for a period specified in the order;
(d) require the updating, within a period specified in the order, of contact information for a person described in the order and any other information of an administrative nature that is specified in the order; and
(e) specify the form and manner in which information and samples are to be provided.
Marginal note:Compliance with order
(4) A person that is described in the order must comply with the order within the time specified in the order.
Marginal note:Extension of time
(5) On request in writing from a person that is described in the order, the Minister may extend the time within which the person is required to comply with it.
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