Clean Electricity Regulations (SOR/2024-263)
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Regulations are current to 2026-01-19 and last amended on 2025-01-01. Previous Versions
Registration
Marginal note:Registration report
7 (1) Subject to section 8, the responsible person for a unit that meets the criteria set out in section 5 must submit to the Minister a registration report for the unit that contains the information set out in Schedule 2 by the later of
(a) December 31, 2025, and
(b) the 60th day after the day on which the unit meets the criteria set out in section 5.
Marginal note:Modification of a unit
(2) If a unit for which a registration report has been submitted under subsection (1) is modified, such as by adding or removing a piece of equipment or changing how equipment is physically connected, and that modification results in the creation of one or more units that meet the criteria set out in section 5, the responsible person must submit to the Minister
(a) a registration report for each unit that was created that contains the information set out in Schedule 2 within 60 days after the day on which the unit was created; and
(b) the notice of permanent cessation of electricity generation referred to in subsection 43(1) for the original unit or the updated registration report referred to in subsection (4) for that unit.
Marginal note:Registration number
(3) On receipt of the registration report referred to in subsection (1), paragraph (2)(a) or subsection 8(2), the Minister must assign a registration number to the unit and inform the responsible person of that registration number.
Marginal note:Updated registration report
(4) If there is a change to any information submitted under this section or subsection 8(2), the responsible person must submit to the Minister, no later than 60 days after the day on which the change occurs, an updated registration report for the unit that contains the information set out in Schedule 2.
Marginal note:Subunits
8 (1) A responsible person may register a unit as multiple subunits if
(a) each subunit would be a unit as defined in subsection 2(1) if it were not physically connected to any of the other subunits;
(b) each subunit has a maximum continuous rating;
(c) each subunit produces useful thermal energy;
(d) each boiler and combustion engine, as well as any other equipment that is part of the unit, is accounted for in one of the subunits; and
(e) either each boiler and combustion engine in the unit started operating on or before December 31, 2024 or each boiler and combustion engine was part of a planned unit on the unit’s commissioning date.
Marginal note:Registration report
(2) To register a unit as multiple subunits, the responsible person must
(a) in the case of a unit for which a registration report has not been submitted under section 7, submit to the Minister a registration report for each subunit that contains the information set out in Schedule 2 by the later of
(i) December 31, 2025, and
(ii) the 60th day after the day on which the unit meets the criteria set out in section 5; or
(b) in the case of a unit for which a registration report has been submitted under section 7, submit to the Minister the following reports no later than the day before the day on which any of the subunits would, if registered, be subject to an emission limit under subsection 9(1):
(i) an updated registration report for the unit that contains the information set out in Schedule 2 in respect of one of the subunits, and
(ii) a registration report for each of the other subunits that contains the information set out in Schedule 2.
Marginal note:Consequences of registration
(3) If a unit is registered as multiple subunits in accordance with subsection (2),
(a) each subunit is deemed to be a unit to which these Regulations apply; and
(b) these Regulations, other than this section, cease to apply in respect of the unit that is registered as multiple subunits.
Marginal note:Permanent cessation
(4) A registered subunit is no longer deemed to be a unit, other than for the purposes of subsection 43(2), beginning on the day on which the responsible person for the subunit submits the notice of permanent cessation of electricity generation referred to in subsection 43(1).
Marginal note:Notice — maximum continuous rating
(5) The responsible person for a unit that has been registered as multiple subunits must notify the Minister, no later than 60 days after the day on which the change occurs, if the sum of the maximum continuous rating for each of the subunits increases by 15% or more from the sum of the maximum continuous ratings reported in the registration reports submitted for the subunits under subsection (2).
Marginal note:Application of emission limit
(6) If, on the day on which the increase referred to in subsection (5) occurs, one or more of the subunits has not reached the end of its prescribed life, as determined in accordance with subsection 10(3) or section 11, subsection 9(1) begins to apply in respect of each of those subunits on the later of
(a) January 1, 2035, and
(b) January 1 of the calendar year following the year in which the increased maximum continuous rating was reported to the electricity system operator.
Prohibition
Marginal note:Emission limit
- The following provision is not in force.
9 (1) The responsible person for a unit must not emit from the unit in a calendar year a quantity of CO2, determined in accordance with section 12, that exceeds the limit, expressed in tonnes, determined by the formula
C × Iel × 8760 × 0.001
where
- C
- is the unit’s electricity generation capacity for the calendar year; and
- Iel
- is the emissions intensity applicable to the calendar year and is
(a) 65 tonnes of CO2 emissions per GWh for the 2035 to 2049 calendar years, and
(b) 0 tonnes of CO2 emissions per GWh for the 2050 and subsequent calendar years.
- The following provision is not in force.
Marginal note:Rounding
(2) The emission limit determined under subsection (1) is to be rounded to the nearest whole number or, if equidistant between two consecutive whole numbers, to the higher number.
Marginal note:Non-application — end of prescribed life
10 (1) Subject to subsection (2), subsections 9(1), 12(1) and 13(1) do not apply in respect of a unit, other than one that combusts coal, until January 1 of the calendar year following the unit’s end of prescribed life if it
(a) has a commissioning date after December 31, 2009 but before January 1, 2025;
(b) is a planned unit; or
(c) is a boiler unit referred to in subsection 3(4) of the Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity that has an end of prescribed life after December 31, 2034.
Marginal note:Increase in maximum continuous rating
(2) Subsections 9(1), 12(1) and 13(1) begin to apply in respect of a unit referred to in subsection (1) on the later of the following dates if the maximum continuous rating for the unit increases by 15% or more from the maximum continuous rating reported in the registration report submitted for the unit under subsection 7(1), paragraph 7(2)(a) or subsection 8(2):
(a) January 1, 2035, and
(b) January 1 of the calendar year following the year in which the increased maximum continuous rating was reported to the electricity system operator.
Marginal note:Date of end of prescribed life
(3) For the purposes of subsection (1) but subject to section 11, a unit’s end of prescribed life is on
(a) December 31 of the calendar year that is 25 years after the unit’s commissioning date, in the case of a unit referred to in paragraph (1)(a);
(b) December 31, 2049, in the case of a planned unit; and
(c) December 31 of the calendar year before the prohibition set out in subsection 4(2) of the Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity would have applied to the unit, as determined under that subsection, in the case of a unit referred to in paragraph (1)(c).
Marginal note:Election
11 (1) For the purposes of subsection 10(1), the responsible person for a unit may elect to end the unit’s prescribed life on a date that is before the date set out for the unit in subsection 10(3) and that is no earlier than December 31, 2034.
Marginal note:Information
(2) The responsible person must, in order to make the election, submit the following information to the Minister on or before the date that is elected to be the unit’s end of prescribed life:
(a) the registration number assigned to the unit by the Minister under subsection 7(3); and
(b) the date that is elected as the unit’s end of prescribed life.
Marginal note:Election permanent
(3) An election made under this section may not be changed or revoked.
Obligations
Marginal note:CO2 emissions from unit
- The following provision is not in force.
12 (1) The responsible person for a unit must determine the quantity of CO2, expressed in tonnes, emitted from the unit in each calendar year in accordance with the formula
E − Coff − Cc
where
- E
- is the quantity of CO2 emissions attributed to the unit for the calendar year, expressed in tonnes and determined by the formula
Eu − Eth − Eint − Eccs + Eext − Eec
where
- Eu
- is the quantity of CO2 emissions from the combustion of fossil fuel in the unit during the calendar year, determined in accordance with subsection (3),
- Eth
- is the quantity of CO2 emissions attributed to the production of useful thermal energy by the unit during the calendar year, determined in accordance with section 21,
- Eint
- is the quantity of CO2 emissions attributed to electricity generated by the unit that is used internally, during the calendar year, at the facility where the unit is located and is
(a) equal to zero, in the case of
(i) any calendar year in which the unit does not produce useful thermal energy,
(ii) any unit, other than a planned unit, that has a commissioning date after December 31, 2024, and
(iii) every calendar year after 2049, and
(b) determined in accordance with section 22, in any other case,
- Eccs
- is the quantity of CO2 captured from the unit during the calendar year and stored in a storage project, determined in accordance with section 23,
- Eext
- is the quantity of CO2 emissions from the production of the hydrogen, ammonia and purchased or transferred steam used by the unit to generate electricity during the calendar year, determined in accordance with section 24, and
- Eec
- is the quantity of CO2 emissions attributed to the unit for any deduction period during the calendar year, determined in accordance with section 27;
- Coff
- is the quantity of CO2, expressed in tonnes, that corresponds to the number of Canadian offset credits remitted for the unit for the calendar year in accordance with section 28; and
- Cc
- is the quantity of CO2, expressed in tonnes, that corresponds to the number of compliance credits remitted for the unit for the calendar year in accordance with section 33.
- The following provision is not in force.
Marginal note:Rounding
(2) The quantity determined for E under subsection (1) is to be rounded to the nearest whole number or, if equidistant between two consecutive whole numbers, to the higher number.
- The following provision is not in force.
Marginal note:Combustion of fossil fuel (Eu)
(3) The quantity referred to in the description of Eu in subsections (1) and 27(1) must be determined in accordance with
- The following provision is not in force.
(a) section 15, in the case of a unit that combusted fossil fuel from a coal gasification system during the calendar year;
- The following provision is not in force.
(b) section 16, in the case of a unit that combusted biomass and combusted fossil fuel from a coal gasification system during the calendar year;
- The following provision is not in force.
(c) section 19, in the case of a unit that combusted biomass but did not combust fossil fuel from a coal gasification system during the calendar year; and
- The following provision is not in force.
(d) section 15 or 19, in any other case.
- The following provision is not in force.
Marginal note:Default value
(4) Despite subsection (1), the responsible person for a unit may elect to assign a value of zero to any of Eth, Eint, Eccs and Eec when determining, for the unit, the quantity referred to in the description of E in that subsection.
- The following provision is not in force.
Marginal note:Definition of coal gasification system
(5) For the purposes of subsection (3), coal gasification system includes a coal gasification system that is in part located underground.
Marginal note:Net supply
- The following provision is not in force.
13 (1) The responsible person for a unit must, for each calendar year, determine the net supply from the facility where the unit is located.
Marginal note:Determination
(2) The net supply from a facility is determined by the formula
Qt − Qr − Qa − Qna − Qec
where
- Qt
- is the quantity of electricity transmitted from the facility to an electricity system during the calendar year;
- Qr
- is the quantity of electricity transmitted to the facility from an electricity system during the calendar year;
- Qa
- is the quantity of electricity allocated to the facility for the calendar year in accordance with subsection (4);
- Qna
- is the sum of the quantities of electricity generated at the facility during the calendar year by
(a) any unit that has not reached the end of its prescribed life as determined in accordance with subsection 10(3) or section 11,
(b) any unit to which these Regulations do not apply, other than a unit that has been registered as multiple subunits in accordance with section 8, and
(c) any source of electricity generation at the facility that is not a unit; and
- Qec
- is the sum of the quantities of electricity generated by any unit located at the facility, other than a unit referred to in the description of Qna, during any deduction period during the calendar year.
Marginal note:Measurement
(3) The quantities of electricity referred to in subsection (2) must be expressed in GWh and must be measured
(a) in the case of the quantities referred to in the descriptions of Qt, Qr and Qa, using meters that measure the transfer of electricity; and
(b) in the case of the quantities referred to in the descriptions of Qna and Qec, at the electrical terminals of the generators of the unit or, in the case of a source of electricity generation that is not a unit, at the electrical terminals of the source.
Marginal note:Electricity allocated to facility (Qa)
(4) A quantity must not be assigned to Qa in subsection (2) unless, during the calendar year for which the quantity is assigned, the facility transmits electricity to an electricity system and supplies useful thermal energy to a recipient facility and the following conditions are met:
(a) the recipient facility is not a facility where a unit to which these Regulations apply is located;
(b) the quantity assigned to Qa does not exceed the quantity of electricity transmitted to the recipient facility from the electricity system during that calendar year; and
(c) the responsible person obtains from the recipient facility documentation that
(i) indicates the quantity of electricity transmitted to the recipient facility from the electricity system during the calendar year, and
(ii) demonstrates that the quantity of electricity was measured using an electricity meter that is installed, maintained and calibrated in accordance with subsections 36(1) and (2) and that enables measurements to be made in accordance with subsection 36(3).
Marginal note:Overlapping deduction periods
(5) A quantity of electricity generated by a unit must not be included in more than one deduction period for the purposes of determining the quantity for Qec in subsection (2).
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