Landfill Methane Regulations (SOR/2025-279)

Deferral of Time Limits

Marginal note:Deferral

• 23 (1) The Minister may, on the application of an owner or operator referred to in subsection 13(1) or an owner or operator of a landfill, as the case may be, defer a time limit set out in subsection 14(2) or 18(2) by no more than six months.

• Marginal note:Application for deferral

  (2) The application must be submitted to the Minister at least 45 days before the applicable time limit expires. It must include the reasons for the application and

  • (a) in the case of the time limit set out in subsection 14(2),

    • (i) the information referred to in subparagraphs 15(d)(i) to (iii),

    • (ii) the expected date for the completion of the measures required to eliminate the methane leak and the reasons why it is the earliest feasible date to do so, and

    • (iii) a description of what will be done to minimize methane emissions from the equipment component until the measures are completed; and

  • (b) in the case of a time limit set out in subsection 18(2),

    • (i) the information referred to in subparagraphs 21(g)(i) to (iii),

    • (ii) the expected date for the completion of the measures required to eliminate the exceedance and the reasons why it is the earliest feasible date to do so, and

    • (iii) a description of what will be done to minimize methane emissions until the measures are completed.

• Marginal note:Decision

  (3) A deferral shall be granted if the Minister is satisfied that

  • (a) the owner or operator’s inability to meet the applicable time limit is due to circumstances that are beyond the owner or operator’s control and that arise from

    • (i) an outstanding provincial or territorial regulatory permit or approval,

    • (ii) the delayed procurement, delivery or installation of necessary equipment, or

    • (iii) conditions that pose a serious risk to human health or safety; and

  • (b) the proposed measures to minimize methane emissions before expiration of the deferred time limit are adequate.

• Marginal note:Revocation

  (4) The Minister must revoke a deferral if the Minister has reasonable grounds to believe that the owner or operator has submitted false or misleading information to the Minister.

• Marginal note:Procedure

  (5) Before revoking a deferral, the Minister shall provide the owner or operator with written reasons for the proposed revocation and an opportunity to make written representations in respect of it.

Cessation of Application

Marginal note:Sections 7 to 21

• 24 (1) Subject to subsection (4), sections 7 to 21 cease to apply in respect of

  • (a) a portion of a landfill at which

    • (i) no waste has been disposed of for at least 15 years and final cover is in place, and

    • (ii) no exceedance has been detected for six consecutive monitoring events referred to in paragraph (c) of the definition monitoring event in subsection 1(1) and no active landfill gas recovery took place in the five days prior to each of the monitoring events; and

  • (b) a portion of a landfill that is not contiguous with any other portion of the landfill and at which

    • (i) only waste referred to in paragraph 3(2)(b) or (d) has been disposed of,

    • (ii) no active landfill gas recovery system is in place, and

    • (iii) no exceedance has been detected for six consecutive monitoring events referred to in paragraph (c) of the definition monitoring event in subsection 1(1).

• Marginal note:Sections 7 to 22

  (2) Subject to subsection (4), sections 7 to 22 cease to apply in respect of any landfill at which

  • (a) the quantity of methane

    • (i) conveyed to all of the devices or systems referred to in subsection 8(1) in the previous calendar year was less than 500 tonnes, or

    • (ii) generated by all municipal solid waste in place at the landfill in the previous calendar year, as calculated using the methane modelling tool, was less than 500 tonnes; and

  • (b) no exceedance has been detected for six consecutive monitoring events referred to in paragraph (c) of the definition monitoring event in subsection 1(1) and no active landfill gas recovery took place in the five days prior to each of the monitoring events.

• Marginal note:Subsection 17(3) or (4)

  (3) For the purposes of subparagraph (1)(a)(ii), (1)(b)(iii) or paragraph (2)(b), an owner or operator may not take advantage of an exception referred to in subsection 17(3) or (4).

• Marginal note:Submission to Minister

  (4) Before any cessation becomes effective, the owner or operator must submit the following information and documents to the Minister:

  • (a) the name, title, civic and postal addresses, telephone number and email address of the owner or operator, the owner or operator’s authorized official and a contact person, if different from the authorized official;

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

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

  • (d) an attestation that the landfill meets the requirements set out in subparagraph (1)(a)(i) or (b)(i), as the case may be;

  • (e) if applicable, the measurements, calculations and supporting documents that demonstrate that the landfill meets the requirements set out in paragraph (2)(a); and

  • (f) for the monitoring events that demonstrate that there were no exceedances referred to in subparagraph (1)(a)(ii) or (b)(iii) or paragraph (2)(b), the records referred to in paragraphs 21(a) to (e).

• Marginal note:Decision

  (5) The Minister shall, within 60 days after receiving the information and documents, decide whether the owner or operator is entitled to a cessation under this section and advise the owner or operator in writing of that decision and, if applicable, the effective date of any cessation.

General

Marginal note:Records — information

25 An owner or operator of a landfill and an owner or operator referred to in subsection 13(1) shall keep a record of any information submitted to the Minister under these Regulations.

Marginal note:Record keeping

26 An owner or operator of a landfill shall, for any record that is required to be made under these Regulations,

• (a) make it no later than 30 days after the day on which the information to be recorded becomes available;

• (b) keep it for at least five years after the day on which it is made;

• (c) keep it at the landfill or, with written notice to the Minister, at any other place in Canada where it can be inspected;

• (d) if the record is moved, notify the Minister, in writing, of the civic address of its new location within 30 days after the day on which it is moved;

• (e) provide it to the Minister within 60 days after the Minister requests it;

• (f) retain it in an electronically readable format if it is made electronically; and

• (g) if it is a record of a calculation, retain supporting documents and information that are used to make the calculation.

Marginal note:Electronic provision

• 27 (1) Information or a report, notice or record that is required to be provided to the Minister under these Regulations is to be provided electronically in the form specified by the Minister and must bear the electronic signature of the owner or operator that is required to provide it or of the owner’s or operator’s authorized official.

• Marginal note:Exception

  (2) If the Minister has not specified an electronic form or if it is impractical to provide the report, notice, record or information electronically because of circumstances beyond the control of the owner or operator, the report, notice, record or information is to be provided on paper, signed by the owner or operator or the owner’s or operator’s authorized official, in the form specified by the Minister. If no form has been so specified, it may be provided in any form.

Transitional Provision

Marginal note:Application — subsection 4(1)

28 An owner or operator of a landfill shall comply with subsection 4(1) in relation to the 2025 calendar year within 180 days after the day on which that subsection comes into force.

Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

29 [Amendments]

Coming into Force

Marginal note:Registration

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