Whereas subsection 194(1) of the Greenhouse Gas Pollution Pricing ActFootnote ^a stipulates that an order made under section 189, 190 or 191 of that Act and a regulation made under section 192 or 193 of that Act 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 of the Environment;

• Return to footnote ^aS.C. 2018, c. 12, s. 186

Whereas subsection 194(2) of that Act stipulates for greater certainty that a notice referred to in subsection 194(1) of that Act is a regulation as defined in subsection 2(1) of the Statutory Instruments ActFootnote ^b if, for the purpose of ensuring the early registration under section 171 of the Greenhouse Gas Pollution Pricing ActFootnote ^a of facilities as covered facilities, the notice sets out criteria respecting facilities and persons;

• Return to footnote ^bR.S., c. S-22

Whereas subsection 171(4) of the Greenhouse Gas Pollution Pricing ActFootnote ^a stipulates that a facility and a person that meet the criteria set out in such a notice are, respectively, a covered facility as defined in section 169 of that Act and a person responsible for the facility;

And whereas, the Minister of the Environment is publishing these criteria as measures for the purpose of subsection 194(1) of that Act;

Therefore, the Minister of the Environment, pursuant to section 194 of the Greenhouse Gas Pollution Pricing ActFootnote ^a, makes the annexed Notice Establishing Criteria Respecting Facilities and Persons and Publishing Measures.

Gatineau, October 17, 2018

La ministre de l’Environnement, Catherine McKenna Minister of the Environment

Definitions

Marginal note:Definitions

• 1 (1) The following definitions apply in this Notice.

  Act

  Act means the Greenhouse Gas Pollution Pricing Act. (Loi)

  facility

  facility means

  • (a) all of the following, that are operated in an integrated way to carry out the industrial activity, and are owned or operated by the same person or that have at least one owner or operator in common when there is more than one owner or operator:

    • (i) a site, or multiple sites, at which an industrial activity is carried out, and the buildings, equipment, and other structures and stationary items located on those sites, and

    • (ii) any other sites used in conjunction with the industrial activity, including a quarry, tailings pond, wastewater lagoon or pond and landfill; or

  • (b) the portion of a natural gas transmission pipeline system within a province, used to transmit processed natural gas, of which the pipelines and associated installations or equipment – including compressor stations, storage installations and compressors – are owned or operated by the same person or have at least one owner or operator in common when there is more than one owner or operator, but excludes pipelines, installations or equipment that are used in the local distribution of natural gas, downstream of a metering station. (installation)

  foundry

  foundry means a facility that produces metal ingots or uses a mould to produce a metal product of a specific shape or design the intended use of which when in that form is dependent in whole or in part on its shape or design. (fonderie)

  operator

  operator means a person who has the charge, management or control of a facility. (exploitant)

  petroleum refinery

  petroleum refinery means a facility that is used to carry out the covered industrial activity referred to in paragraph 3(b) and for which the combined annual volume of gasoline, diesel fuel and lubricant basestock produced is greater than 40% of the annual volume of liquid petroleum products produced. (raffinerie de pétrole)

• Marginal note:Interpretation — Facility

  (2) With respect to a facility

  • (a) any part of a public road or of a railway track that is bordered on both sides by the facility and used to carry out the facility’s industrial activities is deemed to be part of the facility;

  • (b) for greater certainty, any part of a railway track that is used exclusively to carry out the facility’s industrial activities is part of the facility;

  • (c) for greater certainty, buildings that are used for legal, administrative or management purposes and that are not located where an industrial activity is carried out are not included for the purposes of the definition of facility; and

  • (d) if two or more of the portions of a natural gas transmission pipeline system within a province, are owned or operated by the same person or have at least one owner in common but are not contiguous, each of those portions constitute a separate facility.

Criteria Respecting Facilities and Persons

Marginal note:Criteria respecting facilities

2 For the purpose of early registration under section 171 of the Act, the following criteria must be met in order for a facility to be a covered facility as defined in section 169 of the Act:

• (a) a report was made, in accordance with a Notice with respect to reporting of greenhouse gases (GHGs) published under section 46 of the Canadian Environmental Protection Act, 1999, in respect of that facility indicating that that facility emitted a quantity of GHGs equal to 50kt or more of CO₂e, as one or more facilities as defined in such a notice, during any of the 2014, 2015, 2016 or 2017 calendar years; and

• (b) the facility is used to carry out, as its primary activity:

  • (i) any of the industrial activities listed in section 3, in a province or area, other than Saskatchewan, set out in Part 2 of Schedule 1 of the Act, or

  • (ii) the industrial activity specified in paragraph 3(a) or subparagraph 3(c)(x), in Saskatchewan.

Marginal note:Covered industrial activities

3 The covered industrial activity for a facility is any of the following activities:

• (a) for a natural gas pipeline transmission system, transmitting natural gas;

• (b) for a petroleum refinery, the processing of crude oil, including bitumen, heavy crude oil, light crude oil and synthetic crude oil or secondary petroleum products;

• (c) for any other facility,

  • (i) the production of anhydrous ammonia or aqueous ammonia by the steam reforming of a hydrocarbon,

  • (ii) the production of nitric acid by the catalytic oxidation of ammonia,

  • (iii) the smelting or refining, from feedstock that comes primarily from ore, of at least one of the following metals: nickel, copper, zinc, lead, or cobalt,

  • (iv) the extraction, processing and production of bitumen or crude oil,

  • (v) the upgrading of bitumen or heavy oil to produce synthetic crude oil,

  • (vi) the production of cement from clinker,

  • (vii) the production of grain ethanol for use in industrial applications or as fuel,

  • (viii) production of ethanol by distillation for human consumption,

  • (ix) the industrial processing of potatoes or oilseeds for human or animal consumption,

  • (x) the generation of electricity using fossil fuels,

  • (xi) the production of iron ore pellets from iron ore concentrate,

  • (xii) the production of steel from feedstock that comes primarily from scrap iron or steel, other than such production in a foundry,

  • (xiii) the production of lime from limestone using a kiln,

  • (xiv)  the production of metal or diamonds from the mining or milling of ore or kimberlite,

  • (xv) the production of coal by mining coal deposits,

  • (xvi) the calcining of coal to produce char,

  • (xvii) the production of activated carbon from coal,

  • (xviii) the processing of natural gas, including processing to produce natural gas liquids,

  • (xix) the production of potash from the mining and refining of potash ore,

  • (xx) the production of pulp from wood, other plant material or paper or any product derived directly from pulp or a pulping process,

  • (xxi) the production of brick or other products made from clay or shale using a kiln,

  • (xxii) the production of tubes from metal,

  • (xxiii) the production of iron or steel from smelted iron ore, or the production of metallurgical coke,

  • (xxiv) the production of glass using a furnace,

  • (xxv) the production of panels primarily containing gypsum,

  • (xxvi) the production of mineral wool insulation,

  • (xxvii) the production of hydrogen gas using steam hydrocarbon reforming or partial oxidation of hydrocarbons,

  • (xxviii) the production of resins or fibres of Nylon 6 or Nylon 6,6,

  • (xxix) the production of carbon black pellets, powders or other products, using thermal oxidation or thermal decomposition of hydrocarbon feedstock,

  • (xxx) the production of citric acid,

  • (xxxi) the production of 2-methylpentamethylenediamine,

  • (xxxii) the production of petrochemicals from feedstocks derived from petroleum or from petroleum and liquefied natural gas, including high-value chemicals, aromatic cyclic hydrocarbons, higher olefins, hydrocarbon solvents, ethylbenzene, styrene, polyethylene, ethylene oxide and ethylene glycols, but excludes the production of petrochemicals from biomass feedstocks or as a by-product,

  • (xxxiii) the production of vaccines for human or animal use,

  • (xxxiv) the production of refined sugar from raw cane sugar,

  • (xxxv) the processing of corn through wet milling, and

  • (xxxvi) the assembly of four-wheeled self-propelled vehicles that are designed for use on a highway and that have a gross vehicle weight rating of less than 4,536 kg (10,000 pounds).

Marginal note:Criteria respecting persons

4 For the purpose of section 171 of the Act, being an owner or operator of a covered facility is the criterion that must be met in order for a person to be a person responsible for that facility.

Measures for the Purpose of Subsection 194(1)

Marginal note:Criteria respecting facilities and persons

5 For the purpose of subsection 194(1) of the Act, the criteria respecting facilities and persons set out in sections 2 and 4 are measures.

Coming into Force

Marginal note:October 31, 2018

6 This Notice comes into force on October 31, 2018, but if it is registered after that day, it comes into force on the day on which it is registered.