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

Regulations are current to 2020-10-05 and last amended on 2020-05-31. Previous Versions

Annual Report (continued)

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.

  • SOR/2020-114, s. 1

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.

Quantification

Variation of General Rules

Marginal note:Production of petrochemical products as a by-product

  •  (1) The production of a petrochemical product set out in item 17, column 1, of Schedule 1 as a by-product, at a covered facility where an industrial activity, other than one set out in that item is engaged in, is not an industrial activity covered by item 17, column 1, of Schedule 1.

  • Marginal note:Additional production of natural gas liquids

    (2) If natural gas liquids are produced at a covered facility where a specified industrial activity set out in item 3 or 17, column 1, of Schedule 1 is engaged in, the following rules apply:

    • (a) for the purposes of section 17, the person responsible for the covered facility must quantify the GHGs from the production of natural gas liquids in accordance with the methods applicable to the industrial activity set out in item 3 or 17, as the case may be, column 1, of Schedule 1; and

    • (b) for the purposes of sections 31, 36 and 36.2, the industrial activity set out in item 4, column 1, of Schedule 1 is deemed not to be engaged in at the covered facility.

  • Marginal note:Additional production of hydrogen gas

    (3) If hydrogen gas is produced at a covered facility where a specified industrial activity set out in item 2, 3, 15 or 29, column 1, of Schedule 1 is engaged in, the following rules apply:

    • (a) for the purposes of section 17, the person responsible for the covered facility must quantify the GHGs from the production of hydrogen gas in accordance with the method applicable to the industrial activity set out in item 2, 3, 15 or 29, as the case may be, column 1, of Schedule 1; and

    • (b) for the purposes of sections 31, 36 and 36.2, the industrial activities set out in items 6 and 17, column 1, of Schedule 1 are deemed not to be engaged in at the covered facility.

  • Marginal note:Additional production of metal tubes

    (4) If metal tubes are produced at a covered facility where a specified industrial activity set out in item 19 or 20, column 1, of Schedule 1 is engaged in, the following rules apply:

    • (a) for the purposes of section 17, the person responsible for the covered facility must quantify the GHGs from the production of metal tubes in accordance with the method applicable to the industrial activity set out in item 19 or 20, as the case may be, column 1, of Schedule 1; and

    • (b) for the purposes of sections 31, 36 and 36.2, the industrial activity set out in item 22, column 1, of Schedule 1 is deemed not to be engaged in at the covered facility.

  • Marginal note:Additional production of lime

    (5) If lime is produced at a covered facility where a specified industrial activity set out in item 20, column 1, of Schedule 1 is engaged in, the following rules apply:

    • (a) for the purposes of section 17, the person responsible for the covered facility must quantify the GHGs from the production of lime in accordance with the method applicable to the industrial activity set out in item 20, column 1, of Schedule 1; and

    • (b) for the purposes of sections 36 and 36.2, the industrial activity set out in item 8, column 1, of Schedule 1 is deemed not to be engaged in at the covered facility.

  • Marginal note:Additional production of electricity

    (6) If electricity is produced at a covered facility where a specified industrial activity set out in item 20, column 1, of Schedule 1 is engaged in, the following rules apply:

    • (a) for the purposes of section 17, the person responsible for the covered facility must quantify the GHGs from the generation of electricity in accordance with the method applicable to the industrial activity set out in item 20, column 1, of Schedule 1; and

    • (b) for the purposes of section 36, the industrial activity set out in item 38, column 1, of Schedule 1 is deemed not to be engaged in at the covered facility.

  • Marginal note:Pyrometallurgical smelting of zinc and lead

    (7) If zinc and lead are pyrometallurgically smelted at a covered facility where a specified industrial activity set out in paragraph 23(b), column 1, of Schedule 1 is engaged in, the following rules apply:

    • (a) for the purposes of section 17, the person responsible for the covered facility must quantify the GHGs from the pyrometallurgical smelting of zinc and lead in accordance with the method applicable to the industrial activity set out in paragraph 23(b), column 1, of Schedule 1; and

    • (b) for the purposes of sections 31, 36 and 36.2, the industrial activity set out in paragraph 23(c), column 1, of Schedule 1 is deemed not to be engaged in at the covered facility.

  • Marginal note:Additional production of precious metals

    (8) If gold, silver, platinum or palladium is produced at a covered facility where a specified industrial activity set out in paragraph 26(d), column 1, of Schedule 1 is engaged in, the following rules apply:

    • (a) for the purposes of section 17, the person responsible for the covered facility must quantify the GHGs from the production of those metals in accordance with the method applicable to the industrial activity set out in paragraph 26(d), column 1, of Schedule 1; and

    • (b) for the purposes of sections 31, 36 and 36.2, the industrial activity set out in paragraph 26(c) or (f), column 1, of Schedule 1 is deemed not to be engaged in at the covered facility.

  • Marginal note:Additional production of petrochemicals

    (9) If a petrochemical product referred to in item 17, column 1, of Schedule 1 is produced at a covered facility where a specified industrial activity set out in item 3 or 4, column 1, of Schedule 1 is engaged in, the following rules apply:

    • (a) for the purposes of section 17, the person responsible for the covered facility must quantify the GHGs from the production of that petrochemical in accordance with the method applicable to the industrial activity set out in item 3 or 4, as the case may be, column 1, of Schedule 1; and

    • (b) for the purposes of sections 31, 36 and 36.2, the industrial activity set out in item 17, column 1, of Schedule 1 is deemed not to be engaged in at the covered facility.

  • Marginal note:Additional production of precious metals

    (10) If silver, platinum or palladium is produced at a covered facility where a specified industrial activity set out in paragraph 26(f), column 1, of Schedule 1 is engaged in, the following rules apply:

    • (a) for the purposes of section 17, the person responsible for the covered facility must quantify the GHGs from the production of those metals in accordance with the method applicable to the industrial activity set out in paragraph 26(f), column 1, of Schedule 1; and

    • (b) for the purposes of sections 31, 36 and 36.2, the industrial activity set out in paragraph 26(c), column 1, of Schedule 1 is deemed not to be engaged in at the covered facility.

 
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