Canadian Greenhouse Gas Offset Credit System Regulations (SOR/2022-111)

General

Marginal note:Electronic submission

• 41 (1) Any information that is required to be provided to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and must bear the electronic signature of the proponent or of their authorized official.

• Marginal note:Provision on paper

  (2) If the Minister has not specified an electronic form and format or if it is not feasible to submit the information in accordance with subsection (1) because of circumstances beyond the control of the proponent or their authorized official, the information must be submitted on paper, signed by the proponent or their authorized official, in the form and format specified by the Minister. However, if no form and format has been so specified, it may be in any form and format.

Marginal note:Notification following change

• 42 (1) A proponent must notify the Minister, in writing, within 30 days following the date after a change to any of the following:

  • (a) the information referred to in paragraph 1(a), (b), (d) or (g) of Schedule 1 or paragraph 1(a) or (b) or 2(a), (b) or (c) of Schedule 2; and

  • (b) the project start date, if it is different than the anticipated start date.

• Marginal note:Pre-notification of change

  (2) A proponent must notify the Minister, in writing, no less than 30 days before the day on which they make a change to any reversal risk mitigation measure or monitoring activity undertaken to mitigate those risks.

Marginal note:Application for transfer

• 43 (1) A request for the transfer of a project registration to another person must be submitted to the Minister by the proponent of the project and must include

  • (a) the project registration number, and, if applicable, as the case may be:

    • (i) the registration number for the aggregation being transferred and the registration number for each project registered as part of that aggregation, in the case of a transfer of an aggregation of projects, or

    • (ii) the registration number of the aggregation the group of projects was part of, the registration number of the aggregation the projects are being transferred to, if any, and the registration number of each project being transferred, in the case of a transfer of a group of projects registered as part of an aggregation;

  • (b) a declaration signed by the proponent or their authorized official as well as a declaration signed by the person to whom the transfer will be made or their authorized official, stating that they consent to the transfer along with, if the request for a transfer is with respect to an aggregation of projects or a group of project registered as part of an aggregation, a written record of the consent to transfer from the person carrying out the project activities for each project that is being transferred;

  • (c) the information referred to in paragraphs 1(a) to (c) of Schedule 1 or 1(a) to (c) of Schedule 2, as the case may be, with respect to the person to whom the transfer is being made; and

  • (d) the number of the account in the GHG Offset Credit System account in the tracking system of the person to whom the transfer will be made.

• Marginal note:Information to be provided

  (2) The person to whom the transfer is being made, or their authorized official, must submit to the Minister

  • (a) the project registration number of the project to be transferred; and

  • (b) the information referred to in Schedule 1 or 2, as the case may be, with respect to the person to whom the transfer is being made.

• Marginal note:Declaration

  (3) The person to whom the transfer is being made or their authorized official must submit to the Minister a declaration, dated and signed by that person or their authorized official, stating that the information they have provided is accurate and complete.

Marginal note:Information

44 The proponent must provide the Minister with the following information with any remittance or payment in lieu of remitting compliance units, referred to in paragraph 15(1)(b), subsection 35(1), paragraph 35(2)(b) or paragraph 40(2)(b):

• (a) the project registration number or in the case of an aggregation of projects, the registration number of the aggregation along with the project registration number for the projects in which an error or omission occurred;

• (b) the calendar year for which the remittance or payment in lieu is being made;

• (c) the number of compliance units in respect of which remittance or payment is being made;

• (d) the details of any payments made under subsection 181(3) of the Act, including

  • (i) the amount in dollars paid to the Receiver General for Canada,

  • (ii) the applicable rate, and

  • (iii) the date of the payment;

• (e) the details of any surplus credits or offset credits remitted, including for each type of credit

  • (i) the number of credits remitted,

  • (ii) the date of the remittance transaction,

  • (iii) the serial numbers, and

  • (iv) the date or dates on which they were issued; and

• (f) the details of any units or credits, recognized as compliance units, remitted, including

  • (i) the number of units or credits remitted,

  • (ii) the province or territory or program authority referred to in subsection 78(1) of the Output-Based Pricing System Regulations that issued the units or credits,

  • (iii) the date on which the unit or credit was retired or locked in the provincial or territorial program for the sole purpose of remittance as a recognized compliance unit under the Act,

  • (iv) the serial numbers assigned to them by the province or territory or program authority referred to in subsection 78(1) of the Output-Based Pricing System Regulations,

  • (v) the start date of the offset project for which the unit or credit was issued,

  • (vi) the year in which the GHG reduction occurred for which the unit or credit was issued,

  • (vii) the offset protocol applicable to the project for which the unit or credit was issued, including the version number and publication date, and

  • (viii) the name of the verification body that verified the units or credits.

Marginal note:Content of record

• 45 (1) A proponent must keep a record of the following information for each project for which they are responsible:

  • (a) any information provided in an application for registration of a project, updates to that information, and supporting documents;

  • (b) any requests to transfer the registration of a project to another proponent;

  • (c) all documents, records or data used in preparation of the registration application;

  • (d) documents that demonstrate that the operation, maintenance, and calibration of measuring devices was done in accordance with these Regulations;

  • (e) all data used for a calculation made under these Regulations, for each source, sink and reservoir, including data used to estimate missing data;

  • (f) all sampling, analysis and measurement data used for a calculation made under these Regulations;

  • (g) the calculation, sampling, analysis and measurement methods used for a calculation made under these Regulations;

  • (h) the procedural changes made in data collection and calculations and changes to measuring devices used to quantify GHG emissions and removals;

  • (i) any errors or omissions identified and the measures taken to correct them, with all supporting data and documentation; and

  • (j) further records as specified in the protocol regarding the project activities.

• Marginal note:Location of records

  (2) The records must be kept and retained at the proponent’s principal place of business in Canada or, on notification to the Minister, at any other place in Canada where they can be inspected.

• Marginal note:Retention of records

  (3) For the purposes of subsection 187(5) of the Act, the records specified in subsection (1) must be retained either

  • (a) for the period of beginning on the day the record was created and ending 10 years after the last day of the crediting period to which they relate, or

  • (b) if the record is created with respect to a project referred to in subsection 22(1), the period beginning on the day the record was created and ending 10 years after the last day of the period for which monitoring reports are required.

Marginal note:Available to the public

46 Subject to sections 254 and 255 of the Act, the Minister may make available to the public the following information with respect to a project:

• (a) the name of the proponent;

• (b) the project registration number, project location, project start date, and the number of offset credits issued against that projects; and

• (c) the project reports, corrected project reports, reversal reports, verification reports, and monitoring reports submitted.

Amendments to the Output-Based Pricing System Regulations

47 [Amendments]

48 [Amendments]

Amendments to the Environmental Violations Administrative Monetary Penalties Regulations

49 [Amendments]

Coming into Force

Marginal note:Registration

50 These Regulations come into force on the day on which they are registered.