Clean Fuel Regulations (SOR/2022-140)

Marginal note:Use of revenue — electric vehicles

• 103 (1) A charging-network operator referred to in subsection 102(1), or a person with whom they have entered into an agreement under section 21, must not create compliance credits under section 102 during a compliance period unless all of the revenue that they receive from the transfer of compliance credits created under that section during all previous compliance periods is used within the time limit set out in subsection (3) for the purpose of carrying out, in Canada, either of the following activities:

  • (a) expanding electric vehicle charging infrastructure, including charging stations and electricity distribution infrastructure that supports electric vehicle charging, whether intended primarily for use by the occupants of a private dwelling-place or the public; or

  • (b) reducing the cost of electric vehicle ownership through financial incentives to purchase or operate an electric vehicle.

• Marginal note:Allocation to activities

  (2) The charging-network operator or person may, at their discretion, allocate the use of those revenues to either or both of those activities.

• Marginal note:Period for use

  (3) The revenues received by the charging-network operator or person, from the transfer of a compliance credit, must be used no later than the second anniversary of the end of the compliance period during which the compliance credit is transferred.

• Marginal note:Cancellation of credits

  (4) The Minister must cancel an equivalent number of compliance credits to the number of compliance credits that were transferred if the revenue from that transfer is not used in accordance with subsection (1).

• Marginal note:Insufficient number of credits

  (5) If the number of compliance credits that must be cancelled under subsection (4) is greater than the number of compliance credits in the account of the charging-network operator or person, the Minister must send a notice to them indicating the number of compliance credits that are missing.

• Marginal note:Obligation to replace credits

  (6) The charging-network operator or person must, within 90 days after the day on which the notice referred to in subsection (5) is sent, ensure that the number of compliance credits in the same account is equivalent to the number of compliance credits that are missing.

• Marginal note:Notice to Minister

  (7) The charging-network operator or person must, when their account contains the equivalent number of compliance credits required under subsection (6) and within the time limit set out in that subsection, send a notice to the Minister indicating that their account contains that equivalent number of compliance credits.

• Marginal note:Cancellation of compliance credits

  (8) On receipt of the notice referred to in subsection (7), the Minister must cancel the equivalent number of compliance credits that are indicated.