Landfill Methane Regulations (SOR/2025-279)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  active landfill gas recovery system

  active landfill gas recovery system means any system that employs landfill gas recovery wells, piping, blowers, fans, pumps or compressors to create a pressure gradient to actively extract landfill gas. (système de récupération active de gaz d’enfouissement)

  authorized official

  authorized official means

  • (a) in respect of an owner or operator who is an individual, that individual or another individual who is authorized to act on their behalf;

  • (b) in respect of an owner or operator that is a corporation, an officer of the corporation who is authorized to act on its behalf; and

  • (c) in respect of an owner or operator that is an entity other than a corporation, an individual who is authorized to act on its behalf. (agent autorisé)

  biocover

  biocover means a landfill cover that is designed to support microbial oxidation of methane via the aerobic pathway. (biocouverture)

  closed

  closed, in relation to a landfill, means that the landfill has permanently ceased to accept solid waste for disposal. (fermé)

  EPA Method 21

  EPA Method 21 means the method of the Environmental Protection Agency of the United States entitled Method 21 — Determination of Volatile Organic Compound Leaks, set out in Appendix A-7 to Part 60 of Title 40, chapter I of the Code of Federal Regulations of the United States. (méthode 21 de l’EPA)

  EPA OTM 51

  EPA OTM 51 means the method of the Environmental Protection Agency of the United States entitled Other Test Method 51 (OTM-51) - UAS Application of Method 21 for Surface Emission Monitoring of Landfills. (autre méthode 51 de l’EPA)

  equipment component

  equipment component means any part of a landfill gas management system that contains landfill gas including wells, pipes, flanges, fittings, valves, flame arrestors, knock-out drums, sampling ports, blowers, compressors and connectors. (composant d’équipement)

  exceedance

  exceedance means, in relation to

  • (a) a surface methane concentration, a concentration of 500 ppmv or more; and

  • (b) a zone-average surface methane concentration, a concentration of 25 ppmv or more. (dépassement)

  final cover

  final cover means a landfill cover that is placed on the portions of a landfill where acceptance of solid waste for disposal has permanently ceased. (couverture finale)

  landfill gas

  landfill gas means a mixture of gases, including methane, generated by the decomposition of biodegradable waste in a landfill. (gaz d’enfouissement)

  landfill gas management system

  landfill gas management system means a system used in a landfill to recover and combust or process landfill gas. (système de gestion de gaz d’enfouissement)

  location of concern

  location of concern in relation to a surface methane concentration, means a location with a concentration of at least 200 ppmv but less than 500 ppmv. (emplacement préoccupant)

  methane leak

  methane leak means a methane leak with a methane concentration of 500 ppmv or more. (fuite de méthane)

  methane modelling tool

  methane modelling tool means the Landfill Methane Modelling Tool published by Environment and Climate Change Canada for the calculation of methane generation at Canadian landfills. (outil de modélisation du méthane)

  monitoring event

  monitoring event means, as the case may be, each of the monitoring events in relation to

  • (a) landfill gas recovery wells required under subsection 10(1);

  • (b) equipment components required under subsection 13(1); or

  • (c) surface methane concentrations and zone-average surface methane concentrations required under subsection 17(1). (activité de surveillance)

  municipal solid waste

  municipal solid waste means waste that originates from residential, commercial, institutional, construction, renovation, demolition or land clearing sources. (déchet solide municipal)

  operator

  operator means a person that has the charge, management or control of a landfill or a landfill gas management system. (exploitant)

  ppmv 

  ppmv  means parts per million by volume. (ppmv)

  vent

  vent means to passively emit landfill gas to the atmosphere via vent pipes. (évacuation)

  zone-average surface methane concentration

  zone-average surface methane concentration means the average of all methane concentrations recorded within a specified zone of 4500 m². (concentration moyenne de méthane en surface par zone)

• Marginal note:EPA Method 21 adaptations — paragraph 13(1)(a)

  (2) For the purposes of paragraph 13(1)(a), with regards to EPA Method 21,

  • (a) section 8.3.1 is to be read without regard to the fifth sentence of that section; and

  • (b) the reference to “an increased meter reading” in that section is to be read as a reference to “a reading of 200 ppmv of methane or more”.

• Marginal note:EPA Method 21 adaptations — paragraph 19(1)(a)

  (3) For the purposes of paragraph 19(1)(a), with regards to EPA Method 21,

  • (a) the instrument detector referred to in section 6.1 must respond to methane;

  • (b) the instrument referred to in section 6.2 must be capable of measuring 500 ppmv of methane;

  • (c) the scale of the instrument meter referred to in section 6.3 must be readable to ±2.5 % of 500 ppmv of methane;

  • (d) the reference to “VOC” in section 7.1.1 is to be read as a reference to “methane”;

  • (e) the references to “calibration gas” and “the applicable leak definition specified in the regulation” in section 7.1.2 are to be read as references to “500 ppmv of methane”;

  • (f) in section 7.2, the requirement to have cylinder calibration gas mixtures analyzed and certified is to be read as a requirement to analyze and certify 500 ppmv of methane;

  • (g) the reference to “calibration gases” in section 7.3 is to be read as a reference to “500 ppmv of methane”;

  • (h) in section 8.1.1.1, the reference compound is methane and the references to the “the calibration gas mixture” and “the calibration gas” are to be read as references to “500 ppmv of methane”;

  • (i) section 8.1.1.2 is to be read only with reference to the first sentence of that section and the instrument response factor referred to in that sentence must be in relation to 500 ppmv of methane and be less than 10;

  • (j) the calibration precision test referred to in section 8.1.2 must be performed before the instrument is first used on any day;

  • (k) the reference to “the specified calibration gas” in section 8.1.2.1 is to be read as a reference to “500 ppmv of methane”;

  • (l) the reference to “the calibration gas value” in section 8.1.2.2 is to be read as a reference to “500 ppmv of methane”;

  • (m) the response time test referred to in section 8.1.3 must be performed before the instrument is first used on any day;

  • (n) the reference to “the specified calibration gas” in section 8.1.3.1 is to be read as a reference to “500 ppmv of methane”; and

  • (o) the references to “the calibration gas” and “the calibration gas value” in section 10.1 are to be read as reference to “500 ppmv of methane”.

• Marginal note:EPA OTM 51 adaptations — paragraph 19(1)(b)

  (4) For the purposes of paragraph 19(1)(b), with regards to EPA OTM 51,

  • (a) the reference in Section 6.1.2 to “the operational limit of 500 ppm specified in the regulation” is to be read as a reference to “500 ppmv of methane”; and

  • (b) the reference in Section 7.1.2 to “the 500 ppm above background operational limit specified in the regulation” is to be read as a reference to “500 ppmv of methane”.

Purpose

Marginal note:Protection of environment

2 For the purpose of protecting the environment and of reducing the immediate or long-term harmful effects of the emission of methane on the environment or its biological diversity, these Regulations

• (a) establish requirements to limit methane emissions from certain landfills; and

• (b) designate the contravention of certain of its provisions as serious offences by adding them to the schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999).

Application

Marginal note:Application

• 3 (1) Subject to subsections (2) and (3), these Regulations apply to

  • (a) any landfill in which any quantity of municipal solid waste was disposed of after January 1, 2010 and that has more than 450 000 tonnes of municipal solid waste in place; and

  • (b) any landfill in which more than 20 000 tonnes of municipal solid waste was disposed of in 2025 or is disposed of in any subsequent calendar year and that has more than 200 000 tonnes of municipal solid waste in place.

• Marginal note:Non-application — waste types

  (2) These Regulations do not apply to a landfill into which only the following types of waste have been disposed of:

  • (a) hazardous waste;

  • (b) non-biodegradable waste, such as soil, rock, asphalt, concrete, brick, glass, ceramics, clay products, inert slag, asbestos-containing waste and metals;

  • (c) waste produced by forest products operations; or

  • (d) construction and demolition waste.

• Marginal note:Non-application — non-contiguous portions

  (3) These Regulations do not apply to any portion of a landfill

  • (a) that is not contiguous with any other portion of the landfill;

  • (b) in which no municipal solid waste was disposed of after January 1, 2010; and

  • (c) that is under final cover.

Methane Generation Assessment

Marginal note:Annual assessment

• 4 (1) By June 1 of a calendar year, an owner or operator of a landfill shall

  • (a) calculate the quantity of methane generated at the landfill in the previous calendar year, in tonnes, using the methane modelling tool; and

  • (b) submit to the Minister

    • (i) the name of the landfill and any identification numbers used for reporting to federal and provincial authorities,

    • (ii) the landfill’s civic address and latitude and longitude coordinates expressed in decimal degrees to five decimal places,

    • (iii) the name and civic address of the owner and the operator of the landfill,

    • (iv) the name, title, civic and postal addresses, telephone number and email address of the landfill owner’s or operator’s authorized official,

    • (v) the name and civic address of the owner and the operator of any landfill gas management system located at the landfill,

    • (vi) the civic address of the place where records required to be made under these Regulations are kept,

    • (vii) an indication as to whether the landfill is open or closed,

    • (viii) the date on which the landfill opened,

    • (ix) the date on which the landfill was closed or is expected to be closed,

    • (x) the quantity of municipal solid waste disposed of in the previous calendar year, in tonnes, and the method used to calculate that quantity,

    • (xi) the quantity of municipal solid waste in place at the landfill at the end of the previous calendar year, in tonnes,

    • (xii) the quantity of waste of each of the following types disposed of at the landfill in the previous calendar year, in tonnes:

      • (A) residential waste,

      • (B) industrial, commercial and institutional waste,

      • (C) construction, renovation and demolition waste,

      • (D) sludge and biosolids,

      • (E) fill and soil, and

      • (F) any other waste types specified by the owner or operator,

    • (xiii) for any portion of the landfill that meets the conditions set out in subsection 3(3),

      • (A) the date on which waste was last disposed of in the portion,

      • (B) the quantity of municipal solid waste that was in place in the portion, in tonnes, and

      • (C) a map showing its location in relation to the rest of the landfill,

    • (xiv) the quantity of methane calculated under paragraph (a) and a copy of the completed methane modelling tool,

    • (xv) any waste characterization data used to calculate methane generation under paragraph (a),

    • (xvi) a description of any active landfill gas recovery system, biocover or other methane control system that was in place or in operation at the landfill at the end of the previous calendar year,

    • (xvii) a map showing the location of any landfill gas recovery wells that were in operation at the end of the previous calendar year, and

    • (xviii) the date on which, in the opinion of the owner or operator, sections 7 to 24 apply in respect of the landfill.

• Marginal note:Cessation of application

  (2) Subsection (1) ceases to apply in respect of a landfill if the owner or operator complies with paragraph (1)(b) and

  • (a) the quantity of methane calculated under paragraph (1)(a) in respect of the previous calendar year is 664 tonnes or more and the landfill was open at the end of that year; or

  • (b) the landfill was closed at the end of the previous calendar year.

• Marginal note:Definition of open

  (3) In this section, open, in relation to a landfill, means that the landfill accepts solid waste for disposal.

Conditional Requirements

Marginal note:Non-application

• 5 (1) Sections 7 to 24 do not apply in respect of a landfill if the quantity of methane calculated under paragraph 4(1)(a) in respect of a calendar year for the landfill is less than 1 000 tonnes, the landfill is closed at the end of that year and the owner or operator complies with paragraph 4(1)(b) for that year.

• Marginal note:Application — 1 000 tonnes or more

  (2) Sections 7 to 24 apply in respect of a landfill for which the quantity of methane calculated under paragraph 4(1)(a) in respect of a calendar year is 1 000 tonnes or more

  • (a) for any portion of the landfill to which a registered offset project does not apply on the day on which these Regulations come into force,

    • (i) as of January 1, 2028, for any portion of the landfill with an active landfill gas recovery system that is in operation on the day on which these Regulations come into force, and

    • (ii) as of January 1, 2029 or January 1 of the fourth year after the year for which that quantity of methane is calculated, whichever is later, for any other portion of the landfill; and

  • (b) for any portion of a landfill to which a registered offset project applies on the day on which these Regulations come into force, on the later of

    • (i) the applicable date referred to in subparagraph (a)(i) or (ii), as the case may be, and

    • (ii) January 1 of the year following the year in which offset credits are last generated with respect to the crediting period that applies for the project on the day on which these Regulations come into force.

• Marginal note:Application — 664 to 1 000 tonnes

  (3) Sections 7 to 24 apply in respect of a landfill for which the quantity of methane calculated under paragraph 4(1)(a) in respect of a calendar year is 664 tonnes or more but less than 1 000 tonnes as of January 1, 2035 or January 1 of the fourth year after the year for which that quantity is calculated, whichever is later. However, those sections do not apply if

  • (a) the landfill is closed in any calendar year before that date and the quantity of methane generated at the landfill in that calendar year is less than 1 000 tonnes as calculated using the methane modelling tool; and

  • (b) the owner or operator submits to the Minister the information and documents referred to in paragraph 4(1)(b) for that calendar year.

• Marginal note:Registered offset project

  (4) For the purposes of subsection (2), a registered offset project is an offset project that is registered under the

  • (a) Canadian Greenhouse Gas Offset Credit System Regulations and to which the Federal offset protocol : landfill methane recovery and destruction, published by Environment and Climate Change Canada, applies;

  • (b) Greenhouse Gas Emission Control Regulation, B.C. Reg. 250/2015, and to which the British Columbia Greenhouse Gas Offset Protocol: Methane from Organic Waste, published by the Government of British Columbia, applies;

  • (c) Regulation respecting landfill methane reclamation and destruction projects eligible for the issuance of offset credits, CQLR, c. Q-2, r. 35.5, and the Regulation respecting the cap-and-trade system for greenhouse gas emission allowances, CQLR c. Q-2, r. 46.1; or

  • (d) Technology Innovation and Emissions Reduction Regulation, Alta. Reg. 133/2019, and to which the Quantification Protocol for Landfill Gas Capture and Combustion, published by the Government of Alberta, applies.