Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations

Marginal note:Application

• 9 (1) A responsible person for a new unit or an old unit may apply to the Minister for a temporary exemption from the application of subsection 3(1) in respect of the unit if

  • (a) in the case of a new unit, the unit is designed to permit its integration with a carbon capture and storage system that is to be constructed; and

  • (b) in the case of an old unit, the unit may be retrofitted to permit its integration with a carbon capture and storage system that is to be constructed.

• Marginal note:Granting and content of application

  (2) The application must indicate the unit’s registration number and include the following supporting documents and information:

  • (a) a declaration that includes statements indicating that

    • (i) based on the economic feasibility study referred to in paragraph (b), the unit, when operating with an integrated carbon capture and storage system is, to the best of the responsible person’s knowledge and belief, economically viable, and

    • (ii) based on the technical feasibility study referred to in paragraph (c) and the implementation plan referred to in paragraph (e), the responsible person expects to satisfy the requirements set out in section 10 and, as a result, to be in compliance with subsection 3(1) by January 1, 2025;

  • (b) an economic feasibility study that demonstrates the economic viability of the unit when it operates with an integrated carbon capture and storage system and that

    • (i) provides project cost estimates, with their margin of error, for the construction of the integrated carbon capture and storage system, and

    • (ii) identifies the source of financing for that construction;

  • (c) a technical feasibility study that establishes — based on information referred to in Schedule 2 related to the capture, transportation and storage elements of the carbon capture and storage system — that there are no insurmountable technical barriers to carrying out the following activities:

    • (i) capturing a sufficient volume of CO₂ emissions from the combustion of fossil fuels in the unit to enable the responsible person to comply with subsection 3(1),

    • (ii) transporting the captured CO₂ emissions to suitable geological sites for storage, and

    • (iii) storing the captured CO₂ emissions in those suitable geological sites;

  • (d) a description of any work that has been done to satisfy the requirements set out in section 10, along with the information referred to in Schedule 3 with respect to that work; and

  • (e) an implementation plan that provides a description of the work to be done, with a schedule for the steps necessary to achieve the following objectives:

    • (i) satisfaction of the requirements set out in section 10, and

    • (ii) compliance of the responsible person with subsection 3(1) by January 1, 2025 when the unit is operating with an integrated carbon capture and storage system that captures CO₂ emissions from the combustion of fossil fuels in the unit in accordance with the laws of Canada or a province that regulate that capture and that transports and stores those emissions in accordance with the laws of Canada or a province, or of the United States or one of its states, that regulate that transportation or storage, as the case may be.

• Marginal note:Granting of temporary exemption

  (3) The Minister must, within 120 days after receiving the application, grant the temporary exemption if

  • (a) the application includes the documents referred to in subsection (2); and

  • (b) the information contained in those documents can reasonably be regarded as establishing that

    • (i) the unit, when operating with an integrated carbon capture and storage system, will be economically viable,

    • (ii) the capture, transportation and storage elements of the carbon capture and storage system will be technically feasible,

    • (iii) if applicable, a requirement set out in section 10 has been satisfied by work done before the application was made, and

    • (iv) the responsible person will satisfy the requirements set out in section 10 and, as a result, will be in compliance with subsection 3(1) by January 1, 2025 when the unit is operating with an integrated carbon capture and storage system.

• Marginal note:Duration

  (4) A temporary exemption, unless revoked under section 13, remains in effect until December 31, 2024.