Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2020-11-17 and last amended on 2019-01-01. Previous Versions

Quantification Rules (continued)

Sampling and Missing Data (continued)

Marginal note:Missing data

  •  (1) Except in the case of an initial performance test or any subsequent performance test referred to in section 5, if, for any reason beyond the responsible person’s control, the emission intensity referred to in subsection 4(1) or 4(2) cannot be determined in accordance with a formula set out in any of sections 11, 17 and 18 because data required to determine the value of an element of that formula is missing for a given period in a calendar year, replacement data for that given period must be used to determine that value.

  • Marginal note:Replacement data — CEMS

    (2) If a CEMS is used to determine the value of an element of a formula set out in section 17 but data is missing for a given period, the replacement data must be obtained in accordance with Section 3.5.2 of the Reference Method.

  • Marginal note:Replacement data — fuel-based methods

    (3) If a fuel-based method is used to determine the value of any element — related to the carbon content or molecular mass of a fuel — of a formula set out in section 17 or 18 but data is missing for a given period, the replacement data is to be the average of the available data for that element, using the fuel-based method in question, during the equivalent period prior to and, if the data is available, subsequent to that given period. However, if no data is available for that element for the equivalent period prior to that given period, the replacement data to be used is the value determined for that element, using the fuel-based method in question, during the equivalent period subsequent to the given period.

  • Marginal note:Replacement data — multiple periods

    (4) Replacement data may be used in relation to a maximum of 28 days in a calendar year.

Reporting, Sending, Recording and Retaining Information

Marginal note:Annual reports

  •  (1) Subject to subsection (2), a responsible person for a unit must send one of the following reports, to the Minister on or before the June 1 that follows the calendar year that is the subject of the report:

    • (a) a report containing the information set out in Schedule 1 in respect of each calendar year in which the unit meets the conditions set out in subsection 3(1) or (2), as the case may be;

    • (b) a short report containing the information referred to in sections 1 and 2, except paragraph 2(h), of Schedule 1 in respect of each calendar year in which the unit no longer meets one of the conditions referred to in subsection 3(1) or (2), as the case may be.

  • Marginal note:Significantly modified boiler units

    (2) A responsible person for a boiler unit referred to in subsection 3(4) must send the reports referred to in subsection (1), beginning in the year in which it must meet the emission limit referred to in subsection 4(2).

  • Marginal note:Permanent cessation of electricity generation

    (3) If a unit permanently ceases to generate electricity in a calendar year, a responsible person for the unit must so notify the Minister in writing not later than 60 days after the day on which the unit ceases generating electricity. A report is not necessary in respect of the calendar years following the calendar year in which the unit ceases generating electricity.

  • Marginal note:Registration number

    (4) On receipt of a first report in respect of a unit referred to in paragraph (1)(a), the Minister must assign a registration number to the unit and inform the responsible person of that number.

  • Marginal note:Change of information

    (5) If there is a change to the information referred to in section 1 of Schedule 1 that was provided in the most recent report, the responsible person must notify the Minister of the change in writing not later than 30 days after the day on which the change is made.

Marginal note:Performance test reporting

  •  (1) A responsible person for a boiler unit referred to in subsection 3(4) must send, to the Minister, a report containing the information referred to in Schedule 4 in relation to the performance test identified in section 5 no later than 60 days after the performance test was conducted.

  • Marginal note:Performance test verifier’s report — initial test

    (2) In the case of a boiler unit referred to in subsection 3(4), the responsible person must obtain a report, signed by the performance test verifier, on the initial performance test, that contains the information referred to in Schedule 5 and send it to the Minister with their report referred to in subsection (1).

Marginal note:Electronic report, notice and application

  •  (1) A report or notice that is required, or an application that is made, under these Regulations must be sent electronically in the form specified by the Minister and must bear the electronic signature of an authorized official of the responsible person.

  • Marginal note:Paper report or notice

    (2) If the Minister has not specified an electronic form or if the person is unable to send the report, notice or application electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the report, notice or application must be sent on paper, in the form specified by the Minister, if applicable, and be signed by an authorized official of the responsible person.

Marginal note:Maintain copy

  •  (1) A responsible person for a unit must make a record containing the following documents and information:

    • (a) any notice referred to in subsection 21(5) that was sent to the Minister along with supporting documents;

    • (b) any application referred to in subsection 7(3) or 8(2), whichever applies, along with supporting documents;

    • (c) every measurement and calculation used to determine the value of an element of a formula used for the purposes of section 4 and, if applicable, section 5, along with an indication of the standards that were used to determine the value of the elements used in those formula and any necessary supporting documents;

    • (d) an indication of the standards or methods referred to in the description of CCi in subsection 18(2) that were used to determine the value of CCA in paragraph 18(1)(a), (b) or (c), as the case may be, or, for a sample of gaseous fuel, a statement that indicates that a direct measuring device was used to determine that value;

    • (e) information demonstrating that any meter referred to in section 11 complies with the requirements of the Electricity and Gas Inspection Act and the Electricity and Gas Inspection Regulations, including a certificate referred to in section 14 of that Act;

    • (f) information demonstrating that the installation, maintenance and calibration of the measuring devices referred to in subsection 9(1) were done in accordance with that subsection and subsection 9(2) and that the measuring devices used comply with subsection 9(3);

    • (g) supporting documents that confirm the CEMS certification under section 10;

    • (h) any document, record or information referred to in section 8 of the Reference Method, for each calendar year during which a responsible person used a CEMS;

    • (i) the results of the analysis of every sample taken in accordance with section 19, as well as the date that each sample was taken and an indication of the standards that were used to take representative samples of the fuel;

    • (j) information demonstrating the unit capacity set out in the annual report;

    • (k) in the case of a unit that has a combustion engine that is temporarily installed for a period of 90 days or less as part of repair or maintenance,

      • (i) evidence that the combustion engine underwent repairs or maintenance and that a replacement combustion engine was temporarily connected to the unit for the duration of the repairs or maintenance,

      • (ii) the number of days that a replacement combustion engine was connected to the unit, and

      • (iii) the number of days that the repairs or maintenance lasted;

    • (l) information demonstrating each combustion engine capacity set out in the annual report, the date on which each combustion engine was installed and, in the case of a combustion engine with a capacity of 150 MW or less, a statement that, if applicable, the combustion engine was installed to replace an engine, with a capacity of 150 MW or less, as part of repair or maintenance; and

    • (m) any report referred to in section 22, along with supporting documents.

  • Marginal note:30 days

    (2) The record referred to in subsection (1) must be made as soon as feasible but not later than 30 days after the day on which the information and documents to be included in it become available.

Marginal note:Retention of records and reports

 A responsible person who is required under these Regulations to make a record or send a report or notice must keep the record or a copy of the report or notice, along with the supporting documents, at their principal place of business in Canada for at least seven years after they make the record or send the report or notice.

Coming into Force

Marginal note:Registration

  •  (1) Subject to subsection (2), these Regulations come into force on January 1, 2019.

  • Marginal note:Deferred application

    (2) These Regulations become applicable to combustion engine units on January 1, 2021.

 
Date modified: