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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-02-15 and last amended on 2021-01-01. Previous Versions

Part X — Greenhouse Gas Emissions from International Aviation — CORSIA (continued)

Division II — Monitoring (continued)

Approval

 The Minister must approve the emissions monitoring plan if

  • (a) the information referred to in subsection 1000.10(2) is provided;

  • (b) a monitoring method is chosen in accordance with subsection 1000.10(3); and

  • (c) the information referred to in subsections 1020.10(2) and (3) of the CORSIA Standard and submitted in accordance with section 1000.10 is consistent with the chosen monitoring method and the activities of the private operator or air operator, as applicable.

  • SOR/2018-240, s. 2
  • SOR/2020-275, s. 2

Amendment

  •  (1) Subject to subsection (2), if any of the information referred to in subsection 1020.10(2) of the CORSIA Standard is amended, the private operator or air operator must submit an amended emissions monitoring plan to the Minister for approval before it is implemented.

  • (2) If the information referred to in paragraph 1020.10(2)(i), (j) or (k) of the CORSIA Standard is amended, the private operator or air operator must submit an amended emissions monitoring plan to the Minister for approval no later than September 30 of the year preceding the beginning of the next compliance period.

  • (3) If there is a change to the information referred to in subsection 1020.10(1) of the CORSIA Standard, the private operator or air operator must submit the updated information to the Minister without delay.

  • (4) If the annual CO2 emissions from a private operator’s or air operator’s flights between states referred to in subsection 1020.10(4) of the CORSIA Standard increase to an amount equal to or greater than 50 000 t for two consecutive years, the operator must choose a monitoring method in accordance with subparagraph 1000.10(3)(a)(ii) and submit an amended emissions monitoring plan to the Minister for approval before it is implemented and no later than September 30 of the year following the two consecutive years of increased emissions.

  • (5) If the annual CO2 emissions from a private operator’s or air operator’s flights between states referred to in subsection 1020.10(4) of the CORSIA Standard decrease to an amount less than 50 000 t for two consecutive years, the operator may choose a different monitoring method in accordance with subparagraph 1000.10(3)(a)(i) and, if a different monitoring method is chosen, must submit an amended emissions monitoring plan to the Minister for approval before it is implemented and no later than September 30 of the year following the two consecutive years of decreased emissions.

  • SOR/2018-240, s. 2
  • SOR/2020-275, s. 2

Implementation of Monitoring Plan

  •  (1) Subject to subsection (5), a private operator or air operator must implement its emissions monitoring plan as soon as it is approved.

  • (2) Subject to subsections (3) to (5), the private operator or air operator must use the monitoring method identified in its approved emissions monitoring plan for at least an entire compliance period.

  • (3) If a private operator or air operator changes its monitoring method in accordance with subsection 1000.12(4) or (5), the operator must use the new method beginning on January 1 of the year after the year in which the amended emissions monitoring plan is approved.

  • (4) If a private operator or air operator changes its monitoring method as a corrective measure taken under subparagraph 1000.15(1)(a)(ii), the operator must use the new method as soon as its amended emissions monitoring plan is approved.

  • (5) A new entrant must implement its approved emissions monitoring plan on January 1 of the year after the year during which the new entrant becomes subject to this Part.

  • SOR/2018-240, s. 2
  • SOR/2020-275, s. 2

Data Gaps — Threshold

 A private operator or air operator that uses a monitoring method described in subsection 1020.03(1) of the CORSIA Standard must not have data gaps related to fuel quantities in respect of more than 5% of its flights between states referred to in subsection 1020.10(4) of the CORSIA Standard.

  • SOR/2018-240, s. 2
  • SOR/2020-275, s. 2

Data Gaps — Requirements

  •  (1) If there are data gaps in respect of a private operator’s or air operator’s flights between states referred to in subsection 1020.10(4) of the CORSIA Standard, the operator must,

    • (a) if the gaps are in respect of more than 5% of those flights,

      • (i) notify the Minister of the reasons for the gaps within three months after the day on which it becomes aware of those gaps,

      • (ii) take corrective measures before submitting the verified emissions report referred to in section 1000.30, which may include changing the monitoring method if an amended emissions monitoring plan is submitted to the Minister in accordance with section 1000.12 and the Minister approves it, and

      • (iii) fill in the gaps before submitting the verified emissions report referred to in section 1000.30 using one of the monitoring methods described in subsection 1020.03(1) of the CORSIA Standard, which is to be pre-approved by the Minister if the requirements related to that method are met; or

    • (b) if the gaps are in respect of no more than 5% of those flights,

      • (i) take corrective measures, and

      • (ii) fill in the gaps using one of the monitoring methods described in section 1020.15 of the CORSIA Standard before submitting the verified emissions report referred to in section 1000.30.

  • (2) If there are data gaps in respect of a private operator’s or air operator’s flights between contracting states other than the flights between states referred to in subsection 1020.10(4) of the CORSIA Standard, the operator must

    • (a) take corrective measures; and

    • (b) fill in the gaps using one of the monitoring methods described in section 1020.15 of the CORSIA Standard before submitting the verified emissions report referred to in section 1000.30.

  • SOR/2020-275, s. 2

[1000.16 to 1000.19 reserved]

Division III — Offsetting

Obligation to Offset

  •  (1) For each compliance period, a private operator or air operator must offset the final amount of CO2 emissions calculated in accordance with subsection 1000.24(1) and indicated in a notice provided by the Minister by cancelling, within a registry referred to in section 1020.20 of the CORSIA Standard, an amount of CORSIA eligible emissions units equal to the amount indicated in the notice, by the later of

    • (a) the last day of the 13th month after the end of the compliance period to which the notice relates; and

    • (b) the 60th day after the day on which the operator receives the notice.

  • (2) For the purposes of calculating offsetting obligations, the CO2 emissions to be taken into account are those from flights between states referred to in subsection 1020.10(4) of the CORSIA Standard — other than flights referred to in subsection 1000.02(4) — that are conducted using one or more large aeroplanes.

  • (3) A private operator or air operator must ensure that the information referred to in subsection 1020.30(4) of the CORSIA Standard in respect of each of its cancelled CORSIA eligible emissions units for a given compliance period is published on the website of the registry referred to in subsection (1).

  • SOR/2018-240, s. 2
  • SOR/2020-275, s. 2

Prohibition

 A private operator or air operator must not operate an aircraft for a flight between states referred to in subsection 1020.10(4) of the CORSIA Standard unless that operator has offset its CO2 emissions in accordance with subsection 1000.20(1) of these Regulations.

  • SOR/2018-240, s. 2
  • SOR/2020-275, s. 2

Calculation of Annual Offsetting Obligations

  •  (1) The Minister must calculate the amount of CO2 emissions, expressed in tonnes, required to be offset by a private operator or air operator for a given calendar year, without consideration of any reduction resulting from the use of CORSIA eligible fuels, using the following formula:

    %Syx(OEyxSGFy)+%Oyx(OEyxOGFy)

    where

    %Sy
    is the per cent sectoral for the given calendar year y, as indicated in subsection 1020.22(2) of the CORSIA Standard;
    OEy
    is the CO2 emissions from the operator’s flights referred to in subsection 1000.20(2) for the given calendar year y;
    SGFy
    is the sector’s growth factor for the given calendar year y referred to in subsection 1020.22(3) of the CORSIA Standard;
    %Oy
    is the per cent individual for the given calendar year y, as indicated in subsection 1020.22(2) of the CORSIA Standard; and
    OGFy
    is the operator’s growth factor for the given calendar year y, calculated in accordance with the formula set out in subsection (2).
  • (2) The Minister must, taking into account the CO2 emissions set out in the verified emissions report submitted by the private operator or air operator, calculate the operator’s growth factor for a given calendar year using the following formula:

    (OEyOEB,y)OEy

    where

    OEy
    is the CO2 emissions from the operator’s flights referred to in subsection 1000.20(2) for the given calendar year y; and
    OEB,y
    is the value set out in subsection 1020.22(4) of the CORSIA Standard.
  • (3) In the case of a new entrant, the Minister must not take into account the CO2 emissions produced by the new entrant during the shorter of the following periods:

    • (a) the period beginning on the day on which the new entrant becomes subject to this Part and ending on January 1 of the third year after that day; and

    • (b) the period beginning on the day on which the new entrant becomes subject to this Part and ending on December 31 of the year preceding the year during which the CO2 emissions from its flights referred to in subsection 1000.20(2) exceed the threshold set out in subsection 1020.22(1) of the CORSIA Standard.

  • SOR/2018-240, s. 2
  • SOR/2020-275, s. 2
 
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