Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations (SOR/2012-167)

Regulations are current to 2019-07-29 and last amended on 2018-11-30. Previous Versions

PART 1Regulated Units and Emission Limit (continued)

Emergency Circumstances

Marginal note:Conditions for application

  •  (1) A responsible person for a unit may, under emergency circumstances described in subsection (2), apply to the Minister for an exemption from the application of subsection 3(1) in respect of the unit if the following conditions are satisfied:

    • (a) as a result of the emergency circumstances, there is a disruption, or a significant risk of disruption, to the electricity supply in the province where the unit is located; and

    • (b) the operation of the unit will end, decrease the risk of, or mitigate the consequences of, the disruption.

  • Marginal note:Criteria of emergency circumstances

    (2) An emergency circumstance is a circumstance

  • Marginal note:Application

    (3) The responsible person must, within 15 days after the emergency circumstance arises, provide the Minister with their application. The application must include the unit’s registration number, the date on which the emergency circumstance arose and information, with supporting documentation, to demonstrate that the conditions of paragraphs (1)(a) and (b) are satisfied.

  • Marginal note:Granting of exemption

    (4) The Minister must, within 30 days after receiving the application, grant the exemption if the Minister is satisfied that the conditions of paragraphs (1)(a) and (b) are satisfied.

  • Marginal note:Period of exemption

    (5) The exemption has effect as of the day on which the emergency circumstance arose and ceases to have effect on the earliest of

    • (a) the day that is 90 days after that day,

    • (b) the day specified by the Minister, and

    • (c) the earlier of

      • (i) the day on which the event referred to in paragraph (2)(a) ceases to cause a disruption, or a significant risk of disruption, to the electricity supply in the province where the unit is located, and

      • (ii) the day on which the measure, if any, referred to in paragraph (2)(b) ceases to be in effect.

Marginal note:Extension

  •  (1) If paragraphs 7(1)(a) and (b) will continue to apply on and after the day on which an exemption granted under subsection 7(4) is to cease to have effect, the responsible person may, before that day, apply to the Minister for an extension of the exemption.

  • Marginal note:Application

    (2) The application must include the unit’s registration number and information, with supporting documentation, to demonstrate that

    • (a) paragraphs 7(1)(a) and (b) will continue to apply after the day on which the exemption is to cease to have effect; and

    • (b) steps — other than the operation of the unit during the period of the exemption — have been, and are being, taken to end, decrease the risk of, or mitigate the consequences of, the disruption.

  • Marginal note:Granting of extension

    (3) The Minister must, within 15 days after receiving the application, grant the extension if the Minister is satisfied that paragraphs (2)(a) and (b) have been demonstrated.

  • Marginal note:Duration

    (4) The extension ceases to have effect on the earliest of

    • (a) the day that is 90 days after the day on which the application for the extension was made,

    • (b) the day specified by the Minister, and

    • (c) the day referred to in paragraph 7(5)(c).

Carbon Capture and Storage

Temporary Exemption — System to be Constructed

Marginal note:Application

  •  (1) A responsible person for a new unit or an old unit may apply to the Minister for a temporary exemption from the application of subsection 3(1) in respect of the unit if

    • (a) in the case of a new unit, the unit is designed to permit its integration with a carbon capture and storage system that is to be constructed; and

    • (b) in the case of an old unit, the unit may be retrofitted to permit its integration with a carbon capture and storage system that is to be constructed.

  • Marginal note:Granting and content of application

    (2) The application must indicate the unit’s registration number and include the following supporting documents and information:

    • (a) a declaration that includes statements indicating that

      • (i) based on the economic feasibility study referred to in paragraph (b), the unit, when operating with an integrated carbon capture and storage system is, to the best of the responsible person’s knowledge and belief, economically viable, and

      • (ii) based on the technical feasibility study referred to in paragraph (c) and the implementation plan referred to in paragraph (e), the responsible person expects to satisfy the requirements set out in section 10 and, as a result, to be in compliance with subsection 3(1) by January 1, 2025;

    • (b) an economic feasibility study that demonstrates the economic viability of the unit when it operates with an integrated carbon capture and storage system and that

      • (i) provides project cost estimates, with their margin of error, for the construction of the integrated carbon capture and storage system, and

      • (ii) identifies the source of financing for that construction;

    • (c) a technical feasibility study that establishes — based on information referred to in Schedule 2 related to the capture, transportation and storage elements of the carbon capture and storage system — that there are no insurmountable technical barriers to carrying out the following activities:

      • (i) capturing a sufficient volume of CO2 emissions from the combustion of fossil fuels in the unit to enable the responsible person to comply with subsection 3(1),

      • (ii) transporting the captured CO2 emissions to suitable geological sites for storage, and

      • (iii) storing the captured CO2 emissions in those suitable geological sites;

    • (d) a description of any work that has been done to satisfy the requirements set out in section 10, along with the information referred to in Schedule 3 with respect to that work; and

    • (e) an implementation plan that provides a description of the work to be done, with a schedule for the steps necessary to achieve the following objectives:

      • (i) satisfaction of the requirements set out in section 10, and

      • (ii) compliance of the responsible person with subsection 3(1) by January 1, 2025 when the unit is operating with an integrated carbon capture and storage system that captures CO2 emissions from the combustion of fossil fuels in the unit in accordance with the laws of Canada or a province that regulate that capture and that transports and stores those emissions in accordance with the laws of Canada or a province, or of the United States or one of its states, that regulate that transportation or storage, as the case may be.

  • Marginal note:Granting of temporary exemption

    (3) The Minister must, within 120 days after receiving the application, grant the temporary exemption if

    • (a) the application includes the documents referred to in subsection (2); and

    • (b) the information contained in those documents can reasonably be regarded as establishing that

      • (i) the unit, when operating with an integrated carbon capture and storage system, will be economically viable,

      • (ii) the capture, transportation and storage elements of the carbon capture and storage system will be technically feasible,

      • (iii) if applicable, a requirement set out in section 10 has been satisfied by work done before the application was made, and

      • (iv) the responsible person will satisfy the requirements set out in section 10 and, as a result, will be in compliance with subsection 3(1) by January 1, 2025 when the unit is operating with an integrated carbon capture and storage system.

  • Marginal note:Duration

    (4) A temporary exemption, unless revoked under section 13, remains in effect until December 31, 2024.

  • SOR/2018-263, s. 5
 
Date modified: