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Output-Based Pricing System Regulations (SOR/2019-266)

Regulations are current to 2021-09-11 and last amended on 2021-08-12. Previous Versions

Compensation and Compliance Units (continued)

Errors and Omissions (continued)

Marginal note:Corrected report

  •  (1) The person responsible for the covered facility must submit to the Minister a corrected report within 60 days after the day on which the notice is submitted or, if the notice indicated that the error or omission, or the aggregate of all errors or omissions, would have constituted a material discrepancy under subsection 49(2), a corrected report, along with a verification report prepared in accordance with section 52, within 90 days after the day on which the notice is submitted.

  • Marginal note:Content

    (2) The corrected report must include the following information:

    • (a) a description of the corrections made to the annual report;

    • (b) the circumstances that led to the error or omission and the reasons why the error or omission was not previously detected;

    • (c) a description of the measures implemented, or to be implemented, to avoid future errors or omissions of the same type;

    • (d) the quantity of GHGs to which the detected error or omission corresponds, if corrected;

    • (e) the production to which the detected error or omission corresponds, if corrected;

    • (f) the result of the calculation under section 64;

    • (g) in the case of a covered facility other than one referred to in paragraph (h) or (i)

      • (i) the quantity of each GHG from the covered facility, expressed in CO2e tonnes, for each emission type determined in accordance with subsections 17(2) to (4), if corrected,

      • (ii) the total quantity of GHGs determined in accordance with section 17, if corrected,

      • (iii) the quantity of GHGs emitted and the quantity of CO2 that is captured and stored, determined in accordance with section 35, if corrected, and

      • (iv) the quantity of production quantified in accordance with section 31, if corrected;

    • (g.1) in the case of a covered facility to which section 36.2 applies, the information referred subsection 11(1.1), if corrected;

    • (h) in the case of an electricity generation facility

      • (i) the quantity of each GHG from the covered facility, expressed in CO2e tonnes, for each emission type, if corrected,

      • (ii) the total quantity of GHGs from each unit within the facility, determined in accordance with section 20, if corrected, and the sum of those GHGs from all units within the covered facility during the compliance period, if corrected,

      • (iii) the quantity of GHGs emitted and the quantity of CO2 that is captured and stored, determined in accordance with section 35, if corrected, and

      • (iv) the gross quantity of electricity generated by each unit within the facility, quantified in accordance with section 32, if corrected.

    • (i) in respect of a covered facility where both the specified industrial activity of producing coal by mining coal deposits and, if comprised of a unit or a group of units that are registered under the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations, the generation of electricity are engaged in,

      • (i) the quantity of each GHG from the covered facility, expressed in CO2e tonnes, from each specified emission type, if corrected,

      • (ii) the total quantity of GHGs from mining of coal deposits, determined in accordance with section 17, and the total quantities of GHGs from the generation of electricity, determined in accordance with section 20, if corrected,

      • (iii) the quantity of GHGs emitted and the quantity of CO2 that is captured and stored, determined in accordance with section 35, if applicable, if corrected, and

      • (iv) the production quantified for each specified industrial activity engaged at the facility, the corrected production by each unit within the covered facility for each of the industrial activities set out in paragraphs 38(a) to (c), column 1, of Schedule 1 during the compliance period and the corrected sum of the production from all of the units, if corrected;

    • (i.i) in the case of a covered facility to which section 41.2 applies, the information referred to in subsection 11(1.2), if corrected;

    • (j) any change to the result obtained under section 44; and

    • (k) any other correction made to the information in the annual report.

Marginal note:Identification by the Minister

  •  (1) Subsection 62(2) applies to a report that is required by the Minister under subsection 177(2) of the Act and the report must be submitted to the Minister within the following period:

    • (a) in the case of a corrected report, 60 days after the day on which the Minister required it; and

    • (b) in the case of a verified corrected report, 90 days after the day on which the Minister required it.

  • Marginal note:Verification report

    (2) The corrected report submitted under paragraph (1)(b) must be submitted with a verification report prepared in accordance with section 52.

Marginal note:Change in obligations

 For the purposes of section 178 of the Act, the revised compensation to be paid or remitted or number of surplus credits to be issued, as the case may be, is equal to the difference between the result obtained in accordance with the calculation under section 44, and reported in the annual report, and the result that is reported in the corrected report.

Marginal note:Revised compensation

  •  (1) For the purposes of paragraph 178(1)(a) of the Act, any revised compensation is to be provided by means of an excess emissions charge payment or a remittance of compliance units. Revised compensation is to be provided if the difference specified in section 64 is greater than, or equal to, 500 CO2e tonnes.

  • Marginal note:Issuance of surplus credits

    (2) For the purposes of paragraph 178(1)(b) of the Act, the Minister may issue to a person that is responsible for a covered facility a number of surplus credits that is equivalent to the difference between

    • (a) the number of surplus credits calculated based on the corrected report and the number of surplus credits issued under section 175 of Act based on the annual report; or

    • (b) the applicable emissions limit and the quantity of GHGs emitted from the facility that are reported in the corrected report.

Marginal note:Excess Surplus credits issued

  •  (1) If a corrected report shows that an excess number of surplus credits was issued to the person responsible for a covered facility and the credits in question remain in an account in the tracking system that is linked to the covered facility, the Minister must revoke the excess credits without notice. The revocation is effective as of the date on which the corrected report is submitted.

  • Marginal note:Insufficient surplus credits in account

    (2) If any of the excess surplus credits are no longer in an account in the tracking system that is linked to the covered facility, the person responsible for the facility must, within the compensation deadlines set out in subsections 69(1) and (2), make up the amount owed by

    • (a) remitting to the Minister other surplus credits in accordance with section 70;

    • (b) remitting to the Minister other compliance units in accordance with section 71; or

    • (c) making an excess emissions charge payment in accordance with section 55.

Marginal note:Charge

 An excess emissions charge payment made for the purposes of subsection 65(1) must be made in the manner set out in section 55.

Marginal note:Surplus credits

  •  (1) Any revised compensation that is provided by the remittance of surplus credits must be made in the manner set out in section 70.

  • Marginal note:Other compliance units

    (2) Any revised compensation that is provided by the remittance of compliance units other than surplus credits must be made in the manner set out in section 71.

Marginal note:Regular-rate compensation deadline

  •  (1) For the purposes of revised compensation, the regular rate referred to in subsection 174(3) of the Act applies for a period of 45 days after the day on which the corrected report is submitted.

  • Marginal note:Increased-rate compensation deadline

    (2) If compensation is not provided in full by the deadline set out in subsection (1), the increased rate referred to in subsection 174(4) of the Act applies for a period of 60 days after that deadline.

  • Marginal note:Other compensation deadlines

    (3) If a corrected report is submitted to the Minister in respect of a compliance period for which the regular-rate compensation deadline set out in subsection 57(1) or (1.1) has not expired, the compensation deadline in respect of that compliance period is the later of

    • (a) the compensation deadlines set out in subsection 57(1), (1.1), (2) or (2.1), as the case may be, and

    • (b) the compensation deadlines under subsection (1) or (2), as the case may be.

 
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