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Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity (SOR/2018-261)

Regulations are current to 2020-07-28 and last amended on 2019-01-01. Previous Versions

Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity



Registration 2018-11-30

Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity

P.C. 2018-1482 2018-11-29

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on February 17, 2018, a copy of the proposed Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;

And whereas, in accordance with subsection 93(4) of that Act, the Governor in Council is of the opinion that the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsections 93(1) and 330(3.2)Footnote d of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity.


Marginal note:Purpose

 These Regulations establish a regime for limiting carbon dioxide (CO2) emissions that result from the generation of electricity by means of thermal energy from the combustion of natural gas, whether in conjunction with other fuels, except coal, or not.


Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.


    Act means the Canadian Environmental Protection Act, 1999. (Loi)


    API means the American Petroleum Institute. (API)


    ASTM means ASTM International, formerly known as the American Society for Testing and Materials. (ASTM)


    auditor means a person who

    • (a) is independent of the responsible person that is to be audited; and

    • (b) has knowledge of and has experience with respect to

      • (i) the certification, operation and relative accuracy test audit of continuous emission monitoring systems, and

      • (ii) quality assurance and quality control procedures in relation to those systems. (vérificateur)

    authorized official

    authorized official means

    • (a) in respect of a responsible person that is a corporation, an officer of the corporation who is authorized to act on its behalf;

    • (b) in respect of a responsible person that is an individual, that individual or an individual who is authorized to act on that individual’s behalf; and

    • (c) in respect of a responsible person that is another entity, a person authorized to act on that other entity’s behalf. (agent autorisé)


    biomass means a fuel that consists only of non-fossilized, biodegradable organic material that originates from plants or animals but does not originate from a geological formation, and includes gases and liquids that are recovered from the decomposition of organic waste. (biomasse)

    boiler unit

    boiler unit means a unit that consists of at least one boiler but does not have a combustion engine. (groupe chaudière)


    capacity means

    • (a) in the case of a unit, the maximum continuous rating (the maximum net power that can be continuously sustained by the unit without the use of duct burners, at standard conditions), expressed in MW, as most recently reported to a provincial authority of competent jurisdiction or to the electric system operator in the province where the unit is located; and

    • (b) in the case of a combustion engine, the manufacturer provided capacity, expressed in MW. (capacité)

    combustion engine

    combustion engine means an engine, other than an engine that is self-propelled or designed to be propelled while performing its function, that

    • (a) operates according to the Brayton thermodynamic cycle and combusts natural gas to produce a net amount of motive power; or

    • (b) combusts natural gas and uses reciprocating motion to convert thermal energy into mechanical work. (moteur à combustion)

    combustion engine unit

    combustion engine unit means a unit that consists of at least one combustion engine and, if applicable, a heat recovery system, but does not have a boiler. (groupe moteur à combustion)

    continuous emission monitoring system

    continuous emission monitoring system or CEMS means equipment for the sampling, conditioning and analyzing of emissions from a given source and the recording of data related to those emissions. (système de mesure et d’enregistrement en continu des émissions ou SMECE)


    facility means all buildings, other structures and equipment, whether the equipment is stationary or not, that are located on a single site or adjacent sites and that are operated as a single integrated site. (installation)

    fossil fuel

    fossil fuel means a fuel other than biomass. (combustible fossile)

    heat recovery system

    heat recovery system means equipment, other than a boiler, that extracts heat from a combustion engine’s exhaust gases in order to generate steam or hot water. (système de récupération de la chaleur)

    heat to electricity ratio

    heat to electricity ratio means, in respect of a unit, the total useful thermal energy production in a calendar year, expressed in GWh, divided by the total gross electricity generation in that calendar year, expressed in GWh. (rapport chaleur-électricité)

    natural gas

    natural gas means a mixture of hydrocarbons — such as methane, ethane or propane — that is in a gaseous state at standard conditions and that is composed of at least 70% methane by volume or that has a higher heating value that is not less than 35 MJ/standard m3 and not more than 41 MJ/standard m3. It excludes landfill gas, digester gas, gas from wastewater treatment systems, refinery gas, sour gas, blast furnace gas, producer gas, coke oven gas, gas derived from petroleum coke or coal — including synthetic gas — or any gaseous fuel produced in a process that might result in highly variable sulphur content or heating value. (gaz naturel)


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

    performance test verifier

    performance test verifier means a person who

    • (a) is independent of the responsible person for which the performance test is being conducted; and

    • (b) has knowledge of and has experience with respect to performance testing of boiler units. (vérificateur de l’essai de rendement)

    potential electrical output

    potential electrical output means the quantity of electricity that would be generated by a unit in a calendar year if the unit were to operate at capacity at all times during that calendar year. (production potentielle d’électricité)

    Reference Method

    Reference Method means the document entitled Reference Method for Source Testing: Quantification of Carbon Dioxide Releases by Continuous Emission Monitoring Systems from Thermal Power Generation, June 2012, published by the Department of the Environment. (Méthode de référence)

    responsible person

    responsible person means an owner or operator of a unit. (personne responsable)

    standard conditions

    standard conditions means a temperature of 15˚C and a pressure of 101.325 kPa. (conditions normales)

    standard m3

    standard m3 means a volume expressed in cubic metres — at standard conditions. (m3 normalisé)


    unit means an assembly comprised of a boiler or combustion engine and any other equipment that is physically connected to either, including duct burners and other combustion devices, heat recovery systems, steam turbines, generators and emission control devices and that operate together to generate electricity and, if applicable, produce useful thermal energy, from the combustion of natural gas. (groupe)

    useful life

    useful life, in respect of a boiler unit referred to in subsection 3(4), has the same meaning as in subsection 2(1) of the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations. (vie utile)

    useful thermal energy

    useful thermal energy means energy in the form of steam or hot water that is destined for a use — other than the generation of electricity — that would have required the consumption of energy in the form of fuel or electricity had that steam or hot water not been used. (énergie thermique utile)

  • Marginal note:Interpretation of documents incorporated by reference

    (2) For the purposes of interpreting documents that are incorporated by reference into these Regulations, “should” must be read to mean “must” and any recommendation or suggestion must be read as an obligation.

  • Marginal note:Standards incorporated by reference

    (3) Any standard of the ASTM, Gas Processors Association or the API that is incorporated by reference into these Regulations is incorporated as amended from time to time.

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