Output-Based Pricing System Regulations

Marginal note:General rule

• 31 (1) Subject to subsection (4) and section 16, the production from a covered facility, other than an electricity generation facility, from each specified industrial activity during a compliance period is quantified

  • (a) in the case of production from a specified industrial activity set out in items 1 to 37, column 1, of Schedule 1, in the units of measurement set out in column 2 of Schedule 1 for that industrial activity, and in accordance with any requirements set out in the applicable part of Schedule 3;

  • (b) in the case of production from a specified industrial activity set out in paragraphs 38(a) to (c), column 1, of Schedule 1, the production is

    • (i) quantified in whole for the compliance period in accordance with the requirements set out in sections 6 and 7 of Part 38 of Schedule 3, or

    • (ii) not quantified, in whole or in part, for the compliance period; and

  • (c) in the case of production from an additional industrial activity, in the units of measurement specified by the Minister for that activity.

• Marginal note:Measuring device

  (2) Any measuring device that is used to determine a quantity for the purposes of these Regulations must be

  • (a) installed, operated, maintained and calibrated in accordance with the manufacturer’s specifications or any applicable generally recognized national or international industry standard; and

  • (b) maintained to be accurate within ± 5%.

• Marginal note:Engineering estimates or mass balance

  (3) If it is not possible to directly measure production using a measuring device, it may be quantified using engineering estimates or mass balance.

• Marginal note:Transitional provision

  (4) For the 2019 calendar year

  • (a) the production quantified in accordance with paragraphs (1)(a) and (c), must be accurate within ± 5%; and

  • (b) the production referred to in paragraph (1)(b) may be quantified by the person responsible for the regulated facility in accordance with subsection 9(2) and section 103 of the Greenhouse Gas Emissions Information Production Order, as it read before August 1, 2019.