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

Search

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

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

Annual Report

Marginal note:Content of annual report

  •  (1) Subject to subsection (2) and section 16, the report that must be submitted by the person responsible for a covered facility for a compliance period under section 173 of the Act is prepared annually for each covered facility for which they are responsible and includes the information listed in Schedule 2 and the following information:

    • (a) in respect of a covered facility, other than one referred to in paragraph (b) or (c),

      • (i) the total quantity of GHGs from the covered facility during the compliance period, expressed in CO2e tonnes, as determined in accordance with section 17, and

      • (ii) the covered facility’s production during the compliance period, from each specified industrial activity, quantified in accordance with section 31;

    • (b) in respect of an electricity generation facility,

      • (i) the total quantity of GHGs from each unit within the covered facility during the compliance period, expressed in CO2e tonnes, as determined in accordance with section 20,

      • (ii) the sum of the total quantities of GHGs determined under subparagraph (i) for all units within the facility, expressed in CO2e tonnes,

      • (iii) the production during the compliance period by each unit within the covered facility from each of the industrial activities set out in paragraphs 38(a) to (c), column 1, of Schedule 1 that are engaged in at the unit, separately for each industrial activity, quantified in accordance with section 32, and

      • (iv) the sum of the production from all of the units within the covered facility during the compliance period, from all of the industrial activities set out in paragraphs 38(a) to (c), column 1, of Schedule 1;

    • (c) in respect of a covered facility, where the specified industrial activities are both the production of coal by mining coal deposits and, if composed 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,

      • (i) the total quantity of GHGs from the covered facility during the compliance period, which is the sum of the total quantity of GHGs from the 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, expressed in CO2e tonnes,

      • (ii) with respect to the production of coal by mining coal deposits, the production during the compliance period from each specified industrial activity, in accordance with section 31, and

      • (iii) with respect to the generation of electricity,

        • (A) the production during the compliance period by each unit within the covered facility from each of the industrial activities set out in paragraphs 38(a) to (c), column 1, of Schedule 1 that are engaged in at the unit, separately for each industrial activity, in accordance with section 32, and

        • (B) the sum of the production from all of the units within the covered facility during the compliance period, from all of the industrial activities set out in paragraphs 38(a) to (c), column 1, of Schedule 1;

    • (d) the quantity of GHGs emitted from the covered facility during the compliance period as determined in accordance with section 35, and, if captured and stored CO2 is being subtracted under that section, the total quantity of CO2 captured and stored in a storage project that meets the criteria in subsection 35(2);

    • (e) the GHG emissions limit applicable to the covered facility for the compliance period, calculated

      • (i) in respect of a facility referred to in paragraph (a), in accordance with section 36, 36.1 or 36.2,

      • (ii) in respect of a facility referred to in paragraph (b), in accordance with section 41, 41.1 or 41.2, and

      • (iii) in respect of a facility referred to in paragraph (c), in accordance with section 42; and

    • (f) the positive result (corresponding to the quantity of GHGs emitted in excess of the emissions limit) or negative result (corresponding to the difference between the quantity of GHGs emitted and the emissions limit and indicating emissions below the emissions limit) obtained under section 44 for the compliance period, expressed in CO2e tonnes.

  • Marginal note:Increased electricity generation capacity

    (1.1) For the purposes of subparagraph (1)(a)(ii), if section 36.2 applies with respect to a covered facility, the annual report must include the gross quantity of electricity generated that is attributed the capacity added to the equipment and gross quantity of electricity generated that is attributed to the capacity of the equipment before the additional capacity was added, separately, quantified in accordance with section 31 and subsection 36.2(3).

  • Marginal note:Increased electricity generation capacity

    (1.2) For the purposes of subparagraphs 1(b)(iii) and (iv) and (c)(iii), if section 41.2 applies with respect to an electricity generation facility, the annual report must include,

    • (a) for each unit whose electricity generation capacity from gaseous fuels was increased by 50 MW or more and that has a thermal energy to electricity ratio of less than 0.9, the gross amount of electricity generated during the compliance period by each unit that is attributed to the capacity added to the unit and the gross amount of electricity generated that is attributed to the capacity of the unit before the additional capacity was added, in accordance with section 32 and subsection 41.2(3), separately; and

    • (b) the sum, from all of the units referred to in paragraph (a), of the gross amount of electricity generated that is attributed to the capacity added to the units and of the gross amount of electricity generated that is attributed to the capacity of the units before the additional capacity was added, separately.

  • Marginal note:Exception — new covered facilities

    (2) Paragraphs (1)(e) and (f) do not apply with respect to a report that must be submitted by the person responsible for a covered facility for which sections 36 to 42 do not apply under section 43.

Marginal note:Additional content – thermal energy

  •  (1) If the person responsible for a covered facility sells thermal energy that is produced at the covered facility to other covered facilities or buys thermal energy from any other covered facility, they must include in their annual report

    • (a) the quantity of thermal energy, expressed in gigajoules, as well as the thermal energy’s temperature and pressure,

      • (i) sold to another covered facility during the compliance period, as determined by the quantity of thermal energy on sales receipts or by another objective method, or

      • (ii) bought from another covered facility during the compliance period, as determined by the quantity of thermal energy on sales receipts or by another objective method; and

    • (b) the ratio of heat from the combustion of fossil fuel to produce that thermal energy, calculated in accordance with section 34.

  • Marginal note:Additional content – gypsum products

    (2) The person responsible for a covered facility where the specified industrial activity set out in item 10, column 1, of Schedule 1 is engaged in, must include in their annual report, the quantity, in tonnes, of each gypsum product that contains at least 70 weight percent of calcium sulphate dihydrate produced during the compliance period.

  • Marginal note:Additional content – hydrogen gas

    (3) If a covered facility where a specified industrial activity set out in items 2, 3, 15 or 29, column 1, of Schedule 1 is engaged in produces hydrogen gas, the person responsible for the covered facility must include in their annual report the quantity of hydrogen gas produced during the compliance period, in tonnes, and the quantity of hydrogen gas sold during the compliance period, in tonnes.

Marginal note:Submission of annual report

  •  (1) The person responsible for a covered facility must submit their annual report to the Minister, on or before June 1 of the calendar year following the end of the compliance period for which the annual report is prepared, along with a verification report prepared in accordance with section 52.

  • Marginal note:Exception

    (2) Despite subsection (1), for the compliance period that ends on December 31, 2019, the annual report and the verification report must be submitted to the Minister on or before October 1, 2020.

Marginal note:Account opening

 The account that the person responsible for the covered facility opens in accordance with subsection 186(1) of the Act is an Output-Based Pricing System account (OBPS account).

Request for Confidentiality

Marginal note:Content of request

 A request for confidentiality submitted for the purposes of section 254 of the Act must provide the following information:

  • (a) the information to which the request pertains, clearly identified;

  • (b) the reason for the request from among those specified in paragraphs 254(a) to (c) of the Act; and

  • (c) the supporting justification that the information referred to in paragraph (a) has been treated as confidential by the person making the request and is not, and has never been, available to the public.

 
Date modified: