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

Marginal note:Incorporation by reference — limitation removed

167 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act, to the effect that a document must be incorporated as it exists on a particular date, does not apply to any power to make regulations under this Part.

Marginal note:Definition of fuel charge system

• 168 (1) In this section, fuel charge system means the system under this Part, Part 1 of Schedule 1 and Schedule 2 providing for the payment and collection of charges levied under this Part and of amounts paid as or on account of charges under this Part and the provisions of this Part relating to charges under this Part or to rebates in respect of any such charges, or any such amounts, paid or deemed to be paid.

• Marginal note:Fuel charge system regulations

  (2) The Governor in Council may make regulations, in relation to the fuel charge system,

  • (a) prescribing rules in respect of whether, how and when the fuel charge system applies and rules in respect of other aspects relating to the application of that system, including rules deeming, in specified circumstances and for specified purposes, the status of anything to be different than what it would otherwise be, including when an amount under this Part became due or was paid, when fuel or a substance, material or thing was delivered, how and when an amount under this Part is required to be reported and accounted for and when any period begins and ends;

  • (b) prescribing rules in respect of whether, how and when a change in a rate, set out in any table in Schedule 2 for a type of fuel and for a province or area, applies and rules in respect of a change to another parameter affecting the application of the fuel charge system in relation to such a fuel or province or area, including rules deeming, in specified circumstances and for specified purposes, the status of anything to be different than what it would otherwise be, including when an amount under this Part became due or was paid, when fuel or a substance, material or thing was delivered, how and when an amount under this Part is required to be reported and accounted for and when any period begins and ends;

  • (c) prescribing rules in respect of whether, how and when a change to the provinces or areas listed in Part 1 of Schedule 1 or referenced in Schedule 2 applies and rules in respect of a change to another parameter affecting the application of the fuel charge system in relation to a province or area or to a type of fuel, including rules deeming, in specified circumstances and for specified purposes, the status of anything to be different than what it would otherwise be, including when an amount under this Part became due or was paid, when fuel or a substance, material or thing was delivered, how and when an amount under this Part is required to be reported and accounted for and when any period begins and ends;

  • (d) if an amount is to be determined in prescribed manner in relation to the fuel charge system, specifying the circumstances or conditions under which the manner applies;

  • (e) providing for rebates, adjustments or credits in respect of the fuel charge system;

  • (f) providing for rules allowing persons, which elect to have those rules apply, to have the provisions of this Part apply in a manner different from the manner in which those provisions would otherwise apply, including when an amount under this Part became due or was paid, when fuel or a substance, material or thing was delivered, how and when an amount under this Part is required to be reported or accounted for and when any period begins and ends;

  • (g) specifying circumstances and any terms or conditions that must be met for the payment of rebates in respect of the fuel charge system;

  • (h) prescribing amounts and rates to be used to determine any rebate, adjustment or credit that relates to, or is affected by, the fuel charge system, excluding amounts that would otherwise be included in determining any such rebate, adjustment or credit, and specifying circumstances under which any such rebate, adjustment or credit must not be paid or made;

  • (i) respecting information that must be included by a specified person in a written agreement or other document in respect of specified fuel or a specified substance, material or thing and prescribing charge-related consequences in respect of such fuel, substance, material or thing, and penalties, for failing to do so or for providing incorrect information;

  • (j) deeming, in specified circumstances, a specified amount of charge to be payable by a specified person, or a specified person to have paid a specified amount of charge, for specified purposes, as a consequence of holding fuel at a specified time;

  • (k) prescribing compliance measures, including anti-avoidance rules; and

  • (l) generally to effect the transition to, and implementation of, that system in respect of fuel or a substance, material, or thing and in respect of a province or area.

• Marginal note:Fuel charge system regulations — general

  (3) For the purpose of facilitating the implementation, application, administration and enforcement of the fuel charge system, the Governor in Council may make regulations

  • (a) adapting or modifying any provision of this Part, Part 1 of Schedule 1 or Schedule 2;

  • (b) defining, for the purposes of this Part, Part 1 of Schedule 1 or Schedule 2, or any provision of this Part, Part 1 of Schedule 1 or Schedule 2, words or expressions used in this Part, Part 1 of Schedule 1 or Schedule 2 including words or expressions defined in a provision of this Part, Part 1 of Schedule 1 or Schedule 2; and

  • (c) providing that a provision of this Part, Part 1 of Schedule 1 or Schedule 2, or a part of such a provision, does not apply.

• Marginal note:Conflict

  (4) If a regulation made under this Part in respect of the fuel charge system states that it applies despite any provision of this Part, in the event of a conflict between the regulation and this Part, the regulation prevails to the extent of the conflict.

PART 2Industrial Greenhouse Gas Emissions

Interpretation

Marginal note:Definitions

169 The following definitions apply in this Part.

analyst

analyst means an individual or a member of a class of individuals designated as an analyst under subsection 201(1). (analyste)

compliance period

compliance period means a period specified in the regulations. (période de conformité)

compliance unit

compliance unit means a surplus credit that is issued under section 175 or paragraph 178(1)(b), a unit or credit that is recognized under the regulations as a compliance unit or an offset credit that is issued under the regulations. (unité de conformité)

covered facility

covered facility means a facility, including a platform anchored at sea, that is located in a province or area that is set out in Part 2 of Schedule 1 and either

• (a) meets the criteria set out in the regulations for that province or area; or

• (b) is designated by the Minister under subsection 172(1). (installation assujettie)

enforcement officer

enforcement officer means an individual or a member of a class of individuals designated as an enforcement officer under subsection 201(1). (agent de l’autorité)

greenhouse gas

greenhouse gas means a gas that is set out in column 1 of Schedule 3. (gaz à effet de serre)

increased-rate compensation deadline

increased-rate compensation deadline means, in respect of a compliance period, the increased-rate compensation deadline specified for that period in the regulations. (délai de compensation à taux élevé)

Indigenous peoples of Canada

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

Minister

Minister means the Minister of the Environment. (ministre)

organization

organization has the same meaning as in section 2 of the Criminal Code. (organisation)

person

person means an individual or organization and includes Her Majesty in right of Canada or a province. (personne)

regular-rate compensation deadline

regular-rate compensation deadline means, in respect of a compliance period, the regular-rate compensation deadline specified for that period in the regulations. (délai de compensation à taux régulier)

Marginal note:Conversion into CO₂e tonnes

170 For the purposes of this Part, a quantity of a greenhouse gas, expressed in tonnes, is converted into carbon dioxide equivalent tonnes (in this Part referred to as “CO₂e tonnes”) by multiplying that quantity by the global warming potential set out for the greenhouse gas in column 2 of Schedule 3.

DIVISION 1Pricing Mechanism for Greenhouse Gas Emissions

Registration of Covered Facilities

Marginal note:Application for registration

• 171 (1) A person that is responsible for a covered facility must apply to the Minister for registration of that covered facility. The application must include the information specified by the Minister and be made in the time and manner specified by the Minister.

• Marginal note:Registration

  (2) If the Minister is satisfied that the applicant is a person responsible for the facility named in the application, that the facility is a covered facility and that the application meets the requirements of subsection (1), the Minister must register the covered facility and issue a covered facility certificate to the applicant.

• Marginal note:Cancellation

  (3) The Minister must cancel the registration and the covered facility certificate of a facility that ceases to be a covered facility or that was not a covered facility at the time of registration.

• Marginal note:Notice setting out criteria

  (4) If a notice referred to in subsection 194(1) sets out criteria respecting facilities and persons, a facility that meets the criteria is, for the purposes of this section, a covered facility as defined in section 169 and a person that meets the criteria is, for the purposes of this section, a person responsible for the facility.

• Marginal note:Notice cancelled

  (5) If a facility is registered as a result of the publication of a notice referred to in subsection 194(1) and that notice is cancelled before any regulations or orders referred to in it are made, the Minister must cancel the facility’s registration and covered facility certificate.

Marginal note:Designation of facility as covered facility

• 172 (1) On request by a person that is responsible for a facility that is located in a province or area that is set out in Part 2 of Schedule 1, the Minister may, in accordance with the regulations, designate the facility as a covered facility. The request must include the information specified by the Minister and be made in the time and manner specified by the Minister.

• Marginal note:Application for registration

  (2) If the Minister designates a facility as a covered facility, the request under subsection (1) is deemed to be an application for registration under subsection 171(1) and the Minister must register the covered facility.

• Marginal note:Cancellation of designation

  (3) The Minister may, in accordance with the regulations, cancel the designation of a covered facility.

Reporting, Compensation and Compliance Units

Marginal note:Reporting requirement

173 For each compliance period, a person that is responsible for a covered facility must, in accordance with the regulations,

• (a) submit to the Minister a report that sets out the information that is specified in the regulations with respect to the greenhouse gas emissions limit that applies to the covered facility and any other information that is specified in the regulations; and

• (b) cause the report to be verified by a third party.

Marginal note:Compensation for excess emissions

• 174 (1) A person that is responsible for a covered facility that emits greenhouse gases in a quantity that exceeds the emissions limit that applies to the covered facility during a compliance period must, in accordance with the regulations, provide compensation for the excess emissions by the increased-rate compensation deadline.

• Marginal note:Provision of compensation

  (2) The compensation is to be provided, at a rate set out in subsection (3) or (4), by means of

  • (a) a remittance of compliance units to the Minister or a person specified in the regulations in lieu of the Minister;

  • (b) an excess emissions charge payment to Her Majesty in right of Canada; or

  • (c) a combination of both.

• Marginal note:Regular rate

  (3) If the compensation is provided by the regular-rate compensation deadline, the rate is

  • (a) one compliance unit for each CO₂e tonne that was emitted in excess of the emissions limit; or

  • (b) the excess emissions charge set out in column 2 of Schedule 4, for the calendar year in which the compliance period falls, for each CO₂e tonne that was emitted in excess of the emissions limit.

• Marginal note:Increased rate

  (4) If the compensation is not provided in full by the regular-rate compensation deadline, the rate for each CO₂e tonne that was emitted in excess of the emissions limit and for which no compensation was provided by that deadline is four times the rate set out in subsection (3).

• Marginal note:Charge continued

  (5) If the compliance period falls in a year that is subsequent to the last calendar year set out in column 1 of Schedule 4, the excess emissions charge set out in column 2 for that last calendar year continues to apply for the purposes of paragraph (3)(b).

Marginal note:Issuance of surplus credits

175 If a covered facility emits greenhouse gases in a quantity that is below the emissions limit that applies to it during a compliance period, the Minister must, in accordance with the regulations, issue to a person that is responsible for the covered facility a number of surplus credits that is equal to the difference between that limit, expressed in CO₂e tonnes, and the number of CO₂e tonnes emitted.

Marginal note:Errors and omissions

• 176 (1) If, within five years after submitting a report under section 173, a person that is responsible for a covered facility becomes aware of an error or omission in the report, the person must notify the Minister in writing as soon as possible.

• Marginal note:Corrected report

  (2) If required by the regulations, the person must, in accordance with the regulations,

  • (a) submit a corrected report to the Minister; or

  • (b) submit a corrected report to the Minister and cause it to be verified by a third party.

Marginal note:Errors and omissions

• 177 (1) If, within five years after a report has been submitted under section 173 in respect of a covered facility, the Minister is of the opinion that there is an error or omission in the report, the Minister may require a person responsible for the covered facility to submit a corrected report and may require the person to cause it to be verified by a third party.

• Marginal note:Compliance

  (2) If the Minister requires a person to submit a corrected report or to submit a corrected report and cause it to be verified by a third party, the person must do so in accordance with the regulations.

Marginal note:Change in obligations

• 178 (1) If, as a result of a corrected report referred to in section 176 or 177, the difference between the quantity of the greenhouse gases emitted by a covered facility during a compliance period and the emissions limit that applied to the covered facility during that compliance period changes,

  • (a) a person that is responsible for the covered facility must, in accordance with the regulations, provide any compensation that is determined in accordance with the regulations; or

  • (b) the Minister may, in accordance with the regulations, issue to a person that is responsible for the covered facility a number of surplus credits that is determined in accordance with the regulations.

• Marginal note:Compensation

  (2) For the purposes of paragraph (1)(a), the rate for each CO₂e tonne must not exceed four compliance units or four times the excess emissions charge set out in column 2 of Schedule 4, for the calendar year in which the compliance period falls.