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AR 139/2007 SPECIFIED GAS EMITTERS REGULATION

(Consolidated up to 254/2007)

ALBERTA REGULATION 139/2007

Climate Change and Emissions Management Act

SPECIFIED GAS EMITTERS REGULATION

Table of Contents

Part 1
Interpretation and Application

                1       Definitions

                2       Application

Part 2
Emissions Intensity Limits, True‑up,
Emission Offsets, Fund Credits,
Emission Performance Credits

                3       2007 emissions intensity limits

                4       Emissions intensity limits for 2008 and subsequent years

                5       True‑up

                6       Duty to comply

                7       Emission offsets

                8       Fund credits

                9       Emission performance credits

              10       Nature of emission offsets, fund credits and emission performance credits

Part 3
Reporting, Records, Confidentiality
and Third Party Auditors

              11       Compliance report

              12       Further information, verification, resubmission

              13       Access to application for baseline or compliance report

              14       Publishing application for baseline or compliance report

              15       Retention of records

              16       Request for confidentiality

              17       Annual report to Information and Privacy Commissioner

              18       Qualifications of third party auditors

              19       Prescribing forms

Part 4
Emissions Intensity Baselines

              20       Application for establishment of baseline emissions intensity

              21       Determination of baseline emissions intensity

              22       Establishment of baseline emissions intensity

              23       Establishment of new baseline emissions intensity

Part 5
Exemptions

              24       Application for exemption

Part 6
Enforcement

              25       Inspections, investigations, audits

              26       Order where net emissions intensity limit exceeded

              27       Offences

              28       Penalties

              29       Due diligence

Part 7
Expiry

              30       Expiry

Schedule

Part 1
Interpretation and Application

Definitions

1(1)  In this Regulation,

                                 (a)    “Act” means the Climate Change and Emissions Management Act;

                                 (b)    “actual emissions intensity” means total direct emissions, not including industrial process emissions, per unit of production from a facility;


                                 (c)    “baseline emissions intensity” means the baseline emissions intensity for a facility established in accordance with Part 4;

                                 (d)    “CO2e” means the 100 year time horizon global warming potential of a specified gas expressed in terms of equivalency to CO2 set out in column 3 of the Schedule;

                                 (e)    “direct emissions” means the release of specified gases from sources actually located at a facility, expressed in tonnes on a CO2e basis;

                                  (f)    “emission offset” means a reduction in the release of specified gases, expressed in tonnes on a CO2e basis, that meets the requirements of section 7(1), but does not include an emission performance credit;

                                 (g)    “emission performance credit” means a reduction in the release of specified gases, expressed in tonnes on a CO2e basis, that meets the requirements of section 9(1);

                                 (h)    “emissions intensity” means the quantity of specified gases released by a facility per unit of production from that facility;

                                  (i)    “established facility” means, subject to subsection (2), a facility that

                                           (i)    completed its first year of commercial operation before January 1, 2000, or

                                          (ii)    has completed 8 years of commercial operation;

                                  (j)    “facility” means

                                           (i)    a plant, structure or thing where an activity listed in section 2 of the Schedule of Activities to the Environmental Protection and Enhancement Act occurs, and

                                          (ii)    a site or 2 or more contiguous or adjacent sites that are operated and function in an integrated fashion where an activity listed in any of sections 3 to 11 of the Schedule of Activities to the Environmental Protection and Enhancement Act occurs,

                                          including all the buildings, equipment, structures, machinery and vehicles that are an integral part of the activity;

                                 (k)    “Fund” means the Climate Change and Emissions Management Fund established by the Act;

                                  (l)    “fund credit” means a fund credit described in section 8;

                                (m)    “industrial process emissions” means direct emissions from an industrial process involving chemical or physical reactions other than combustion, and where the primary purpose of the industrial process is not energy production;

                                 (n)    “net emissions intensity” means the net emissions intensity for a facility determined in accordance with section 3(4) or 4(3), as the case may be;

                                 (o)    “net emissions intensity limit” means the applicable maximum net emissions intensity permitted under section 3 or 4;

                                 (p)    “new facility” means

                                           (i)    a facility that

                                                 (A)    completed its first year of commercial operation on December 31 of 2000 or a subsequent year, and

                                                  (B)    has completed less than 8 years of commercial operation, or

                                          (ii)    a facility designated as a new facility under subsection (2);

                                 (q)    “person responsible” means, where the release of the specified gas occurs

                                           (i)    at a facility that is the subject of an approval or registration under the Environmental Protection and Enhancement Act, the holder of the approval or registration,

                                          (ii)    at a facility that is not the subject of an approval or registration referred to in subclause (i) but is the subject of an approval or other authorization issued by the Energy Resources Conservation Board or the Alberta Utilities Commission, the holder of that approval or authorization, or

                                         (iii)    at any other facility, the owner of the facility;

                                  (r)    “production” means the quantity, expressed in the applicable unit of production, of

                                           (i)    end product produced by a facility, or

                                          (ii)    any input, output or other thing specified under subsection (4);

                                 (s)    “specified gas” means a gas listed in column 1 of the Schedule;

                                  (t)    “third party auditor” means a person who meets the requirements set out in section 18;

                                 (u)    “total annual emissions” means total direct emissions in a year, not including industrial process emissions;

                                 (v)    “total half year emissions” means total direct emissions in the period July 1, 2007 to December 31, 2007, not including industrial process emissions;

                                (w)    “unit of production” means the unit of measure of production of a facility, unique to the facility, as approved or determined by the director in establishing a baseline emissions intensity for the facility under Part 4;

                                 (x)    “year” means a calendar year unless otherwise specified.

(2)  The director may designate an established facility as a new facility if the director considers it appropriate to do so.

(3)  In determining whether it is appropriate to make a designation under subsection (2), the director may consider

                                 (a)    the nature and extent of any expansion or significant change undergone by the facility and the technologies employed in the expansion or significant change that affect specified gas emissions, and

                                 (b)    any other matter that in the director’s opinion is relevant.

(4)  If a facility does not produce an end product, the director may specify an input, output or other thing as the standard of measurement of production of the facility for the purposes of this Regulation.

AR 139/2007 s1;254/2007

Application

2   Subject to section 3(1), this Regulation applies to a facility that has direct emissions totalling 100 000 tonnes or more in 2003 or any subsequent year.

Part 2
Emissions Intensity Limits, True-up, Emission Offsets, Fund Credits,
Emission Performance Credits

2007 emissions intensity limits

3(1)  This section applies to a facility that had direct emissions totalling 100 000 tonnes or more in a year of commercial operation in any of the years 2003, 2004, 2005 or 2006.

(2)  The net emissions intensity for a facility that is an established facility on January 1, 2007 for the period commencing on July 1, 2007 and ending on December 31, 2007 shall not exceed 88% of the baseline emissions intensity for the facility.

(3)  If the period commencing on July 1, 2007 and ending on December 31, 2007 is the last 6 months of

                                 (a)    the 4th year of commercial operation of a new facility, the net emissions intensity for the facility for that period shall not exceed 98% of the baseline emissions intensity for the facility,

                                 (b)    the 5th year of commercial operation of a new facility, the net emissions intensity for the facility for that period shall not exceed 96% of the baseline emissions intensity for the facility,

                                 (c)    the 6th year of commercial operation of a new facility, the net emissions intensity for the facility for that period shall not exceed 94% of the baseline emissions intensity for the facility,

                                 (d)    the 7th year of commercial operation of a new facility, the net emissions intensity for the facility for that period shall not exceed 92% of the baseline emissions intensity for the facility, or

                                 (e)    the 8th year of commercial operation of a new facility, the net emissions intensity for the facility for that period shall not exceed 90% of the baseline emissions intensity for the facility.

(4)  For the purposes of subsections (2) and (3), the net emissions intensity for a facility must be determined by the following formula:

NEI = (THYE ‑ (EO+FC+EPC))
                             P

where

                                        NEI    is net emissions intensity for the facility;

                                    THYE    is total half year emissions from the facility;

                                         EO    is allowable emission offsets applied by the person responsible;

                                          FC    is allowable fund credits applied by the person responsible;

                                       EPC    is allowable emission performance credits applied by the person responsible;

                                            P    is production for the period July 1, 2007 to December 31, 2007.

Emissions intensity limits for 2008 and subsequent years

4(1)  Commencing with the year 2008, the net emissions intensity for a year

                                 (a)    for an established facility shall not exceed 88% of the baseline emissions intensity for the facility, and

                                 (b)    for a new facility shall not exceed

                                           (i)    98% of the baseline emissions intensity for the facility, in the case of the 4th year of commercial operation of the facility,

                                          (ii)    96% of the baseline emissions intensity for the facility, in the case of the 5th year of commercial operation of the facility,

                                         (iii)    94% of the baseline emissions intensity for the facility, in the case of the 6th year of commercial operation of the facility,

                                         (iv)    92% of the baseline emissions intensity for the facility, in the case of the 7th year of commercial operation of the facility, and

                                          (v)    90% of the baseline emissions intensity for the facility, in the case of the 8th year of commercial operation of the facility.

(2)  The Minister may, by order, establish net emissions intensity limits in addition to or in substitution for those set out in subsection (1).

(3)  For the purposes of this section, the net emissions intensity for a facility must be determined by the following formula:

NEI =  (TAE ‑ (EO+FC+EPC))
                             P

where

                                        NEI    is net emissions intensity for the facility;

                                      TAE    is total annual emissions from the facility;

                                         EO    is allowable emission offsets applied by the person responsible;

                                          FC    is allowable fund credits applied by the person responsible;

                                       EPC    is allowable emission performance credits applied by the person responsible;

                                            P    is production for the year.

True-up

5(1)  The emission offsets, fund credits and emission performance credits that may be subtracted from total half year emissions under section 3(4) or from total annual emissions under section 4(3) are those emission offsets, fund credits and emission performance credits that are described in sections 7, 8 and 9 respectively and that are available to the person responsible on the earlier of the date the compliance report required by section 11 is submitted and the deadline for submitting the compliance report.

(2)  The determination required by section 3(4) or 4(3) must be made on or before the deadline for submitting the compliance report required by section 11.

Duty to comply

6(1)  The person responsible shall comply with the net emissions intensity limits established by sections 3(2) and (3) and 4(1) and, if applicable, under section 4(2).

(2)  If there is more than one person responsible for a facility for the period referred to in section 3(2) or (3) or in the year 2008 or a subsequent year, subsection (1) applies only to the person who is the person responsible on

                                 (a)    December 31, 2007, in the case of the period referred to in section 3(2) or (3), or

                                 (b)    December 31 of the relevant year, in any other case.

Emission offsets

7(1)  The following requirements must be met in order for a reduction in specified gas emissions to constitute one or more emission offsets:

                                 (a)    the specified gas emissions reduction must occur in Alberta;

                                 (b)    the specified gas emissions reduction must be from an action taken that is not otherwise required by law at the time the action is initiated;

                                 (c)    the specified gas emissions reduction must

                                           (i)    result from actions taken on or after January 1, 2002, and

                                          (ii)    occur on or after January 1, 2002;

                                 (d)    the specified gas emissions reduction must be real and demonstrable;

                                 (e)    the specified gas emissions reduction must be quantifiable and measurable, directly or by accurate estimation using replicable techniques.

(2)  An emission offset may be used in meeting net emissions intensity limits under section 3 or 4 subject to the following rules:

                                 (a)    an emission offset must be held by the person responsible using it;

                                 (b)    an emission offset may only be used once;

                                 (c)    if an emission offset is jointly held, each holder may only use a portion of the offset on a pro rata basis;

                                 (d)    the use of an emission offset must accord with any Ministerial guidelines issued under section 62 of the Act.

Fund credits

8(1)  A person responsible may obtain fund credits by contributing money to the Fund.

(2)  For each $15 contribution to the Fund a fund credit of one tonne reduction in CO2e is obtained.

(3)  A fund credit may be used in meeting net emissions intensity limits under sections 3 and 4 subject to the following rules:

                                 (a)    a fund credit obtained on or before March 31, 2008 may only be used in meeting net emissions intensity limits applicable to the period commencing on July 1, 2007 and ending on December 31, 2007;

                                 (b)    except as provided in clause (a), a fund credit obtained on or before March 31 in a year may only be used in meeting net annual emissions intensity limits for the previous year;

                                 (c)    a fund credit obtained after March 31 in a year may only be used in meeting net annual emissions intensity limits for that year;

                                 (d)    a fund credit may not be used by more than one party;

                                 (e)    the use of a fund credit must accord with any Ministerial guidelines issued under section 62 of the Act.

Emission performance credits

9(1)  When a facility to which this Regulation applies achieves actual emissions intensity for a period that is less than the applicable net emissions intensity limit for that period, the reduction in specified gas emissions that is not used in meeting the net emissions intensity limit constitutes an emission performance credit or credits.

(2)  An emission performance credit may be used in meeting net emissions intensity limits under sections 3 and 4 subject to the following rules:

                                 (a)    an emission performance credit created at a facility in a year may be used in meeting net emissions intensity limits

                                           (i)    for another facility for that year, or

                                          (ii)    for the facility at which it was created or for another facility, for a subsequent year;

                                 (b)    an emission performance credit must be held by the person responsible using it;

                                 (c)    an emission performance credit may only be used once;

                                 (d)    if an emission performance credit is jointly held, each holder may only use a portion of the credit on a pro rata basis;

                                 (e)    the use of an emission performance credit must accord with any Ministerial guidelines issued under section 62 of the Act.

Nature of emission offsets, fund credits and emission performance credits

10(1)  For greater certainty, emission offsets, fund credits and emission performance credits are revocable licences authorizing persons responsible, subject to this Part, to use the quantity of specified gas emission reductions from or represented by the emission offsets, fund credits and emission performance credits in meeting net emissions intensity limits under sections 3 and 4.

(2)  Nothing in this Regulation ensures or guarantees the availability of emission offsets or emission performance credits.

Part 3
Reporting, Records, Confidentiality and Third Party Auditors

Compliance report

11(1)  The person responsible for a facility on December 31 of a year shall submit to the director a compliance report with respect to that facility for that year by March 31 of the following year.

(2)  The report must contain the information and data required in a form prescribed by the director.

(3)  The person responsible shall report by electronic means as prescribed by the director.

(4)  The report must

                                 (a)    either confirm that the net emissions intensity limit for the facility has been met or provide an acknowledgement that the net emissions intensity limit for the facility has not been met, with an explanation and proposal to address and remedy the non‑compliance,

                                 (b)    be certified by a person and in a manner required by the form, and

                                 (c)    be verified by a third party auditor.

(5)  The person responsible may submit one report in a form prescribed by the director for all of the facilities in respect of which the person is the person responsible if, in the report, the information required by subsection (4) is provided in respect of each facility.

Further information, verification, resubmission

12   The director may do one or more of the following regarding a report or information submitted to the director:

                                 (a)    require that additional information or data be provided;

                                 (b)    require verification or further verification by a third party auditor of any information or data;

                                 (c)    collect any additional information or conduct any review that the director considers necessary;

                                 (d)    direct the person responsible to resubmit information in accordance with any directions that the director considers necessary.

Access to application for baseline or compliance report

13(1)  Within a reasonable time after receiving a request in writing to review an application for the establishment of a baseline emissions intensity or a compliance report, the director shall, except with respect to prescribed information within the meaning of section 16(6) and (7) and information that is the subject of enforcement proceedings under the Act or this Regulation,

                                 (a)    make the application or report available for review by the person requesting it during normal business hours at the location where the application or report is kept, and

                                 (b)    provide a copy of the application or report free of charge to the person requesting it.

(2)  The director may refuse to comply with subsection (1) unless the director is satisfied that the person making the request to inspect has first made a request to obtain a copy of the application or report from the appropriate person responsible and that the request

                                 (a)    was refused, or

                                 (b)    was not satisfied within 30 days after the request was made.

Publishing application for baseline or compliance report

14   Subject to section 59 of the Act and any order made under section 16(4)(a) of this Regulation, the director may publish an application for the establishment of a baseline emissions intensity or a compliance report or information in an application or a report in any form and manner the director considers appropriate.

Retention of records

15(1)  A person responsible who submits an application for the establishment of a baseline emissions intensity or compliance report shall, for at least 7 years following the submission of the application or report, retain

                                 (a)    a copy of the application or report, and

                                 (b)    the records, information and data on which the application or report was based.

(2)  A person responsible shall retain all records, information and data respecting emissions intensity for at least 7 years after the date of their creation.

(3)  The material retained under subsections (1) and (2) must be located

                                 (a)    at the head or principal office, in Alberta, of the person responsible, or

                                 (b)    at the facility to which the application, report, records, information or data relate.

Request for confidentiality 

16(1)  A person responsible who submits an application for the establishment of a baseline emissions intensity or a compliance report may include a written request that certain information in the application or report be kept confidential for a period of up to 5 years after the date of submission on the basis that the information is commercial, financial, scientific or technical information that would reveal proprietary business, competitive or trade secret information about a specific facility, technology or corporate initiative.

(2)  The director shall have regard to the following when making a decision on a request for confidentiality made under subsection (1):

                                 (a)    whether disclosure of the information could reasonably be expected to harm significantly the competitive position of the person responsible;

                                 (b)    whether disclosure of the information could reasonably be expected to interfere significantly with the negotiating position of the person responsible;

                                 (c)    whether disclosure of the information could reasonably be expected to result in undue financial loss or gain to any person or organization;

                                 (d)    the availability of the information or the means to obtain the information from other public sources;

                                 (e)    whether there are any other competing interests that would suggest that disclosure of the information is warranted.

(3)  The director may require a person responsible to provide additional reasons, in writing, in support of a request for confidentiality made under subsection (1).

(4)  The director shall

                                 (a)    if the director considers that the request is well founded, approve the request and order that the information to which the request relates be kept confidential and not be disclosed for the period prescribed by the director, or

                                 (b)    refuse the request if the director considers that the request is not well founded.

(5)  The director shall, in writing, notify the person responsible of the director’s decision under subsection (4) within 150 days after receiving the request.

(6)  If the director is considering a request for confidentiality under this section, the information to which the request relates is prescribed information for the purposes of section 59 of the Act until a decision is made.

(7)  If the director makes an order under subsection (4)(a), the information that is the subject of the order is prescribed information for the purposes of section 59 of the Act for the period prescribed in the order.

Annual report to Information and Privacy Commissioner

17   The director shall provide annually to the Information and Privacy Commissioner, in the form and manner the director considers appropriate, a report setting out the following:

                                 (a)    the number of requests received by the director under section 16(1) in the year;

                                 (b)    the number of requests approved by the director under section 16(4)(a) in the year;

                                 (c)    the period prescribed by the director under section 16(4)(a) for each approved request.

Qualifications of third party auditors

18(1)  A person is eligible to be a third party auditor under this Regulation if the person

                                 (a)    is

                                           (i)    registered as

                                                 (A)    a professional engineer under the Engineering, Geological and Geophysical Professions Act, or

                                                  (B)    a chartered accountant under the Regulated Accounting Profession Act,

                                          (ii)    a member of a profession that has substantially similar competence and practice requirements as a profession referred to in subclause (i)

                                                 (A)    in a province or territory of Canada, or

                                                  (B)    approved by the director, in a jurisdiction outside of Canada,

                                 (b)    has technical knowledge of

                                           (i)    specified gas emission quantification methodologies,

                                          (ii)    audit practices, and

                                         (iii)    any other matters considered relevant by the director,

                                     and

                                 (c)    has any other qualifications that the director considers necessary.

(2)  A person is not eligible to be a third party auditor for a facility if

                                 (a)    that person is the person responsible for the facility or is a director, officer or employee of the person responsible for the facility or of an affiliate, within the meaning of section 2 of the Business Corporations Act, of the person responsible, or

                                 (b)    the person is an employee or agent of the Government.

(3)  The director may request evidence of a person’s qualifications and eligibility as a third party auditor and may determine that the person is not eligible to perform the functions of a third party auditor if the director is not satisfied that the person possesses the necessary qualifications or that the person is eligible.

Prescribing forms

19   The director may prescribe forms for the purposes of this Regulation.

Part 4
Emissions Intensity Baselines

Application for establishment of
baseline emissions intensity

20(1)  The person responsible for a facility shall apply for the establishment of a baseline emissions intensity by

                                 (a)    December 31, 2007, in the case of a facility that is subject to an emissions intensity limit under section 3,

                                 (b)    the later of June 1, 2008 and June 1 of the 4th year of commercial operation of the facility, in the case of a new facility that

                                           (i)    has direct emissions of 100 000 tonnes or more in any of its first 3 years of commercial operation, and

                                          (ii)    is not subject to an emissions intensity limit under section 3,

                                     or

                                 (c)    June 1 of the year following the year of commercial operation of a facility in which the facility first has direct emissions totalling 100 000 tonnes or more, in any other case.

(2)  An application for the establishment of a baseline emissions intensity for a facility must

                                 (a)    be submitted by the person responsible to the director on a form prescribed by the director,

                                 (b)    include the information and supporting data required by the form, and

                                 (c)    include the verification by a third party auditor of the information and data provided with the application form as required by the form.

AR 139/2007 s20;156/2007;210/2007

Determination of baseline emissions intensity

21(1)  The baseline emissions intensity for a facility that is an established facility on January 1, 2007 must be determined by one of the following methods:

                                 (a)    by calculating the average of the ratio of total annual emissions to production for the years 2003, 2004 and 2005, as expressed in the following formula:

where

                                        BEI    is baseline emissions intensity;

                                      TAE    is total annual emissions for the year indicated;

                                            P    is production for the year indicated;

                                 (b)    by an alternative method specified in writing by the director where the director determines that the method in clause (a) is not appropriate.

(2)  The baseline emissions intensity for a new facility must be determined by one of the following methods:

                                 (a)    by calculating the ratio of total annual emissions to production for the 3rd year of commercial operation of the facility as expressed in the following formula:

where

                                        BEI    is baseline emissions intensity;

                                     TAE3    is total annual emissions for the 3rd year of commercial operation;

                                           P3    is production for the 3rd year of commercial operation;

                                 (b)    by an alternative method specified in writing by the director where the director determines that the method in clause (a) is not appropriate.

Establishment of baseline emissions intensity

22(1)  On considering an application for the establishment of a baseline emissions intensity, the director may do one or more of the following:

                                 (a)    request additional information or data;

                                 (b)    require verification or further verification by a third party auditor of any information or data;

                                 (c)    collect any additional information or conduct any review that the director considers necessary in order to determine the baseline emissions intensity for the facility;

                                 (d)    direct the applicant to resubmit the application and give any directions about the resubmission that the director considers necessary.

(2)  The director may establish a baseline emissions intensity for a facility

                                 (a)    as requested in an application, or

                                 (b)    that is different from the baseline emissions intensity requested in an application and may, for that purpose, determine the unit of production for the facility.

(3)  The director shall give written notice of a decision under subsection (2) to the person responsible.

(4)  In making a decision under subsection (2), the director may consider factors the director considers relevant, including, but not limited to,

                                 (a)    technologies that affect specified gas emissions that are in use at comparable facilities, and

                                 (b)    the best available technology economically achievable for the facility, integrating sustainability and economics, accounting for project technology and design characteristics.

Establishment of new baseline emissions intensity

23   The director may at any time review the baseline emissions intensity for a facility and establish a new baseline emissions intensity or direct the person responsible to apply for a new baseline emissions intensity if the director is of the opinion that

                                 (a)    the baseline emissions intensity is inaccurate,

                                 (b)    the facility has undergone an expansion or significantly changed, or

                                 (c)    for any other reason, a revised baseline emissions intensity is appropriate.

Part 5
Exemptions

Application for exemption

24   The director may, on application, exempt the person responsible for a facility from the duties imposed by Parts 2 and 3 subject to any terms or conditions the director considers appropriate for a period not exceeding one year if the director is of the opinion that

                                 (a)    for a prolonged period the facility was operated under unusual conditions or was shut down, and

                                 (b)    the conditions or shutdown caused a material reduction in the specified gas emissions for the applicable period.

Part 6
Enforcement

Inspections, investigations, audits

25   An inspector or investigator may, in accordance with the Act, undertake an inspection, investigation or audit of a person responsible or a facility, or both, in respect of obligations under this Regulation.

Order where net emissions intensity limit exceeded

26(1)  The director may issue an order to the person responsible for a facility requiring the person responsible to take the measures specified in the order to minimize or remedy the effects of the facility releasing specified gases into the environment in amounts in excess of those within the net emissions intensity limit for the facility where

                                 (a)    a compliance report indicates that the net emissions intensity limit for the facility has not been met,

                                 (b)    the director determines that the calculation of the net emissions intensity of the facility was incorrect or was based on inaccurate, incorrect or false information and that the net emissions intensity limit for the facility was exceeded, or

                                 (c)    the value for the emission offsets that was used to calculate the net emissions intensity of the facility for a year is no longer valid because some or all of the tonnes of specified gases which the emissions offsets represented as not being released into the environment have subsequently been released.

(2)  An order under subsection (1) may require the person responsible to take the following measures:

                                 (a)    obtain emission offsets or emission performance credits;

                                 (b)    make contributions to the Fund;

                                 (c)    any other measures that the director considers advisable.

(3)  An emission offset or emission performance credit obtained to comply with the terms of an order under this section may not be used under section 3 or 4.

(4)  This section applies whether or not a person has been charged with or convicted of an offence or required to pay an administrative penalty in relation to the matter with respect to which the order is made.

Offences

27   A person who

                                 (a)    contravenes section 6,

                                 (b)    contravenes section 11, 15 or 20,

                                 (c)    performs the functions of a third party auditor and does not meet the requirements set out in section 18,

                                 (d)    retains a person as a third party auditor who does not meet the requirements set out in section 18, or

                                 (e)    does not comply with an order issued under section 26

is guilty of an offence.

Penalties

28(1)  A person who is guilty of an offence under section 27(a) is liable to a fine of not more than $200 for every tonne of CO2e by which the total release of specified gases exceeds the net emissions intensity limit for the facility established by section 3(2) or (3) or 4(1) or under section 4(2), as the case may be.

(2)  A person who is guilty of an offence under section 27(b), (c), (d) or (e) is liable

                                 (a)    to a fine of not more than $50 000, in the case of an individual, or

                                 (b)    to a fine of not more than $500 000, in the case of a corporation.

Due diligence

29   No person shall be convicted of an offence under this Regulation if that person establishes on a balance of probabilities that the person took all reasonable steps to prevent its commission.

Part 7
Expiry

Expiry

30   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 1, 2014.


Schedule   

Specified Gases and Their
Global Warming Potentials

 

Specified Gas

Chemical Formula

Global Warming Potential (100 year time horizon)

Carbon dioxide

CO2

1

Methane

CH4

21

Nitrous oxide

N2O

310

HFC-23

CHF3

11700

HFC-32

CH2F2

650

HFC-41

CH3F

150

HFC-43-10mee

C5H2F10

1300

HFC-125

C2HF5

2800

HFC-134

C2H2F4

1000

HFC-134a

CH2FCF3

1300

HFC-152a

C2H4F2

140

HFC-143

C2H3F3

300

HFC-143a

C2H3F3

3800

HFC-227ea

C3HF7

2900

HFC-236fa

C3H2F6

6300

HFC-245ca

C3H3F5

560

Sulphur hexafluoride

SF6

23900

Perfluoromethane

CF4

6500

Perfluoroethane

C2F6

9200

Perfluoroproprane

C3F8

7000

Perfluorobutane

C4F10

7000

Perfluorocyclobutane

c-C4F8

8700

Perfluoropentane

C5F12

7500

Perfluorohexane

C6F14

7400