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NEWFOUNDLAND AND LABRADOR
REGULATION 14/17

Management of Greenhouse Gas Reporting Regulations
under the
Management of Greenhouse Gas Act

Amended by:

117/18
32/19
37/20
18/21
88/22
56/23

NEWFOUNDLAND AND LABRADOR
REGULATION 14/17

Management of Greenhouse Gas Reporting Regulations
under the
Management of Greenhouse Gas Act

(Filed March 7, 2017)

Under the authority of section 29 of the Management of Greenhouse Gas Act , I make the following regulations.

Dated at St. John’s , February 22, 2017.

Perry Trimper
Minister Responsible for Climate Change

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Management of Greenhouse Gas Reporting Regulations .

14/17 s1

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Interpretation

        2. (1) In these regulations

             (a)  "Act" means the Management of Greenhouse Gas Act ;

         (a.1)  "authorization" means an authorization issued by the board under paragraph 134(1)(b) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act ;

             (b)  "biomass" means non-fossilized plants or parts of plants, animal waste or any product made of either of these and includes biomass derived fuels, wood and wood products, agricultural residues and waste and biologically derived organic matter found in municipal and industrial wastes;

             (c)  "carbon sequestration" means

                      (i)  the process of removing carbon dioxide from the atmosphere and depositing it in an underground reservoir, and

                     (ii)  the process of removing carbon dioxide from flue gasses and depositing it in an underground reservoir;

          (c.1)  "compliance report" means the annual report referred to in section 20.1;

             (d)  "conflict of interest report" means a report that includes

                      (i)  an assessment of threats to independence,

                     (ii)  strategies for mitigating threats to independence, and

                    (iii)  a report on implementation of the strategies referred to in subparagraph (ii);                

         (d.1)  "drilling authorization" means an authorization which authorizes, whether exclusively or in conjunction with other activities, the conduct of exploration drilling activities;

             (e)  "emissions factor" means the average emission rate of a greenhouse gas for a source relative to a unit of activity;

             (f)  "emissions report" means the annual report regarding greenhouse gas emissions referred to in section 10 of the Act;

          (f.1)  "exploration drilling activities" means activities conducted by a mobile offshore industrial facility under the authority of a drilling authorization as classified by the board;      

             (g)  "flue gas" means exhaust gas entering the atmosphere via a pipe or channel from a fireplace, oven, furnace, boiler or steam generator;

             (h)  "independent peer reviewer" means an individual employed or contracted by a verification body to provide an independent peer review of the verification;

              (i)  "ISO 14064-3" means standard ISO 14064-3, published by the International Organization for Standardization and entitled "Greenhouse Gases - Part 3: Specification with guidance for the validation and verification of greenhouse gas assertions", as amended from time to time;

              (j)  "ISO 14065" means standard ISO 14065, published by the International Organization for Standardization and entitled "Greenhouse Gases - Requirements for greenhouse gas validation and verification bodies for use in accreditation or other forms of recognition", as amended from time to time;

             (k)  "lead verifier" means the individual employed or contracted by the verification body who is responsible for expressing the opinion of the verification body on the correctness and accuracy of the contents of the verification report and verification statement;

         (k.1)  "mobile offshore industrial facility" means a mobile marine installation or structure that

                      (i)  is capable of conducting offshore well drilling activities, and

                     (ii)  has been approved by the board for well drilling activities in the offshore area under a drilling authorization;

              (l)  "NAICS code" means the 6 digit code applicable to one or more producing units within an industrial facility under the North American Industrial Classification System (NAICS) Canada, 2007, published by Statistics Canada, as amended from time to time;

           (l.1)  "offshore industrial facility" means an industrial facility located in the offshore area but does not include a mobile offshore industrial facility;

           (l.2)  "operator" means

                      (i)  in relation to an offshore industrial facility, a person who holds an authorization, and

                     (ii)  in relation to a mobile offshore industrial facility, a person who holds a drilling authorization;      

           (m)  "reporting period" means

                      (i)  for an industrial facility that was operating before 2016, the calendar year starting January 1, 2016,

                     (ii)  for an industrial facility that started operating after January 1, 2016, the period beginning on the day the industrial facility started to operate and ending on the last day of that calendar year, and

                    (iii)  each calendar year following the calendar year referred to in subparagraph (i) or (ii);

             (n)  "source categories" means the source categories listed in subsection 5(1);

             (o)  "threat to independence" means a factor that might reasonably be expected to potentially reduce the ability of a member of a verification team, an independent peer reviewer or a verification body to fulfil his, her or its role in the verification in an ethical, objective and independent manner and includes a verification body, member of a verification team or an independent peer reviewer

                      (i)  having a direct or indirect financial interest in the industrial facility,

                     (ii)  being in a position of reviewing his, her or its work,

                    (iii)  promoting or being perceived to promote the owner of the industrial facility or the operator's position or opinion to the point that objectivity may, or may be perceived to be, compromised,

                    (iv)  having familiarity or a relationship with the owner of the industrial facility, the operator or its staff that decreases appropriate reliance on objective evidence, and

                     (v)  having a perception of being intimidated or coerced;

             (p)  "verification body" means a person that is accredited by a member of the International Accreditation Forum in accordance with ISO 14065;

             (q)  "verification report" means a written report referred to in section 16; and

              (r)  "verification statement" means a written declaration by a verification body that attests as to whether or not an emissions report is free of material errors, omissions or misrepresentations and whether the emissions report conforms to the requirements of these regulations.

         (1.1)  Notwithstanding paragraphs (1)(i) and (j), where ISO-14064-3 or ISO 14065 are amended, the previous version of the document may be complied with for a period of 3 years after the day on which the amended version of the document is published.

             (2)  In these regulations, a reference to "WCI" and a number refers to a standard set out by the Western Climate Initiative's Final Requirements of Mandatory Reporting designated by that number, as amended from time to time and, where the number refers to a heading within the Final Essential Requirements of Mandatory Reporting, includes all the standards under that heading.

             (3)  For the purposes of these regulations, an industrial facility includes an offshore industrial facility and a mobile offshore industrial facility, unless the context indicates otherwise.

14/17 s2; 117/18 s1; 32/19 s1; 88/22 s1

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Hydrofluorocarbons and perfluorcarbons

        3. (1) For the purpose of subparagraph 2(f)(iv) of the Act, the categories of hydrofluorocarbons listed in Schedule A are included in the definition of greenhouse gas.

             (2)  For the purpose of subparagraph 2(f)(v) of the Act, the categories of perfluorocarbons listed in Schedule B are included in the definition of greenhouse gas.

14/17 s3

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Carbon dioxide equivalent

        4. For the purpose of paragraph 2(a) of the Act, the carbon dioxide equivalent of a greenhouse gas is calculated as follows:

E = GHG x GWP

where

                    E =  carbon dioxide equivalent;

             GHG =  mass of greenhouse gas; and

            GWP =  global warming potential for the greenhouse gas, as set out in Column 3 of the table in Schedule C

14/17 s4

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Application

        5. (1) These regulations apply to an operator who generates a greenhouse gas set out in Schedule C if generated from any of the following source categories at an industrial facility:

             (a)  general stationary combustion;

             (b)  refinery fuel gas combustion;

             (c)  electricity generation;

             (d)  mobile equipment;

         (d.1)  petrochemical manufacturing;

             (e)  petroleum refining;

             (f)  hydrogen production;

             (g)  iron and steel manufacturing;

             (h)  nickel and copper metal production;

              (i)  lime manufacturing; and

              (j)  petroleum and natural gas production and natural gas processing.

             (2)  The source categories referred to in subsection (1) have the same meaning as in the Western Climate Initiative's Final Essential Requirements of Mandatory Reporting.

14/17 s5; 117/18 s2; 56/23 s1

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Quantification of carbon dioxide equivalent

        6. (1) An operator shall ensure that the carbon dioxide equivalent generated from all source categories at the industrial facility shall be quantified in accordance with this section.

             (2)  The total mass of each greenhouse gas that is generated from all source categories at the industrial facility shall be quantified using the standard quantification methods set out for each source category in the WCI standard referred to in Schedule D.

             (3)  Notwithstanding subsection (2), where the WCI standard referred to in Schedule D does not have a quantification method for one or more greenhouse gases generated from a source category at the industrial facility, the operator may quantify the greenhouse gas using a method approved by the minister.

             (4)  Notwithstanding subsection (2), greenhouse gas generated from a source category referred to in paragraphs 5(1)(e) to (j) may be quantified using an alternative quantification method approved by the minister, where the minister is satisfied that the resulting emissions estimates are at least as accurate as the WCI standard.

             (5)  Notwithstanding subsection (2), greenhouse gas generated from one or more sources within a source category may be quantified using methods other than the methods set out in the WCI standard referred to in Schedule D, where the total amount of all carbon dioxide equivalent quantified using the methods that are not set out in WCI standards referred to in Schedule D does not exceed the lesser of,

             (a)  3% of the total carbon dioxide equivalent generated from all source categories at the industrial facility; and

             (b)  20,000 tonnes.

             (6)  The total mass of carbon dioxide equivalent generated from all source categories at the industrial facility shall be calculated as follows:

where

                    E =  carbon dioxide equivalent generated from all source categories at the industrial facility in tonnes per reporting period,

            GHGi =  total mass of the greenhouse gas generated from all source categories at the industrial facility in tonnes per reporting period,

            GWPi =  global warming potential for the greenhouse gas, as set out in Column 3 of the Table in Schedule C,

                    n =  the number of greenhouse gases generated by the industrial facility, and

                     i =  the greenhouse gas.

             (7)  If the total mass of carbon dioxide equivalent generated from all source categories at the industrial facility, as quantified in accordance with this section, is not a whole number when expressed in tonnes, the number shall be rounded up to the nearest tonne.

             (8)  Except if subsection (5) applies in respect of quantifications, if the WCI standard referred to in Schedule D provides a choice of calculation methods for a source, the operator shall select one calculation method and continue to use that method for all subsequent quantifications, unless written consent to use another method is obtained from the minister.

14/17 s6; 117/18 s3

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Emissions report

        7. (1) An emissions report shall be submitted to the minister on or before June 1 of the calendar year immediately following the reporting period.

         (1.1)  Notwithstanding subsection (1), the emissions report relating to an industrial facility in the offshore area shall be submitted to the board on or before a date set by the board, which date shall be no later than June 1.

             (2)  Notwithstanding subsection (1), if an industrial facility closes permanently before the end of a reporting period, the end of that reporting period is considered to be the last day on which the industrial facility operated.

             (3)  All greenhouse gas emissions reported under these regulations shall be reported in metric tonnes of carbon dioxide equivalent.

             (4)  An emissions report shall be in writing and shall include

             (a)  the name and address of the industrial facility;

             (b)  the name of the owner of the industrial facility;

             (c)  the name of the operator;

             (d)  the name of the individual designated by the operator to sign on behalf of the operator;

             (e)  the business number assigned to the industrial facility by the Canada Revenue Agency;

             (f)  the NAICS code of the industrial facility;

             (g)  the National Pollutant Release Inventory number assigned to the industrial facility by Environment and Climate Change Canada ;

             (h)  the reporting period for which the emissions report is submitted;

              (i)  the date on which the emissions report is submitted;

              (j)  the total carbon dioxide equivalent generated from all source categories at the industrial facility, as quantified in accordance with section 6; 

             (k)  the total carbon dioxide generated from the combustion of biomass;

              (l)  the total greenhouse gas emissions sequestered through carbon sequestration activities, including an explanation of how the greenhouse gas emissions were used, transferred or stored;

           (m)  the quantity of each greenhouse gas set out in Schedule C that was generated from each of the source categories at the industrial facility;

             (n)  emissions factors in respect of the greenhouse gases generated at the industrial facility in accordance with the standard quantification methods set out in the WCI standards referred to in Schedule D;

             (o)  emissions factors used where the emissions factors used differ from the emissions factors used in the standard quantification methods set out in the WCI standards referred to in Schedule D;

             (p)  the amount of carbon dioxide equivalent quantified for each source category in accordance with subsection 6(6);

             (q)  the annual volume of product the industrial facility produces or for a mobile offshore industrial facility, the number of hours in a year that the mobile offshore industrial facility operated in the offshore area;

              (r)  the standard quantification methods set out in the WCI standards referred to in Schedule D used at the industrial facility for quantifying the greenhouse gases or another method allowed under subsection 6(3), (4) or (5);

             (s)  the emission estimation method used at the industrial facility; and

              (t)  a statement signed and dated by the individual designated by the operator to sign on behalf of the operator, certifying that

                      (i)  the individual has examined the emissions report to ensure that it is complete and accurate,

                     (ii)  the emissions report has been prepared in accordance with these regulations, and

                    (iii)  the statements and information contained in the emissions report are true to the best of the individual’s knowledge.

         (4.1)  Notwithstanding paragraphs (4)(j) and (q), where an industrial facility has a greenhouse gas reduction target per product in accordance with subsection 8(3) of the Management of Greenhouse Gas Regulations , the industrial facility shall include the following information in its emissions report:

             (a)  the total carbon dioxide equivalent generated from all source categories for each product at the industrial facility, as quantified in accordance with section 6; and

             (b)  the annual volume of each product the industrial facility produces.

         (4.2)  Notwithstanding paragraphs (4)(j), (k), (l), (m) and (p), a mobile offshore industrial facility shall, in addition to the information required under those paragraphs, include the following information in its emissions report:

             (a)  the total carbon dioxide equivalent generated from all source categories at the mobile offshore industrial facility in relation to operations solely related to exploration drilling activities, as quantified in accordance with section 6;

             (b)  the total carbon dioxide generated from the combustion of biomass in relation to operations solely related to exploration drilling activities;

             (c)  the total greenhouse gas emissions sequestered through carbon sequestration activities in relation to operations solely related to exploration drilling activities, including an explanation of how the greenhouse gas emissions were used, transferred or stored;

             (d)  the quantity of each greenhouse gas set out in Schedule C that was generated from each of the source categories at the mobile offshore industrial facility in relation to operations solely related to exploration drilling activities; and

             (e)  the amount of carbon dioxide equivalent quantified for each source category in relation to operations solely related to exploration drilling activities in accordance with subsection 6(6).

             (5)  For the purposes of paragraph (4)(q), an operator shall, before the first reporting period, submit to the minister for approval the operator’s proposed method of measuring the product the industrial facility produces.

             (6)  Where an operator changes one or more of the products the industrial facility produces and the operator is of the opinion that the change impacts the method approved under subsection (5), the operator shall, before the next reporting period after the change,

             (a)  notify the minister of the change; and

             (b)  submit a proposed revised method of measuring the products the industrial facility produces to the minister for approval.

             (7)  Once the minister has approved a proposed method under subsection (5) or (6), the operator shall continue to use that method until

             (a)  the operator proposes a new method of measuring the products the industrial facility produces and the minister approves the new proposed method; or

             (b)  the minister determines that a new method of measuring the products the industrial facility produces is more appropriate.

             (8)  Where an industrial facility that was not previously subject to the Act and these regulations has emitted 15,000 tonnes of carbon dioxide equivalent as of December 31 of a calendar year the operator shall, by March 31 of the following calendar year, notify the minister in writing that the industrial facility has emitted at least 15,000 tonnes of carbon dioxide equivalent in that calendar year.

14/17 s7; 117/18 s4; 32/19 s2; 88/22 s2

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Annual volume of production report

        8. (1) An operator, other than an operator of a mobile offshore industrial facility, shall submit to the minister at the time it submits its first emissions report a report regarding the annual volume of product the industrial facility produced during the previous 4 year period.

            (2 ) In the report referred to in subsection (1) the method of measurement shall be the same method proposed by the operator and approved by the minister under subsection 7(5).

             (3)  Notwithstanding subsection (2), where it is not reasonably practicable for the industrial facility to use the method referred to in subsection (2), the operator shall provide

             (a)  all reports and documentation relating to the volume of product the industrial facility produced during the previous 4 year period that the operator submitted to the Department of Environment and Climate Change as required under a Certificate of Approval issued under the Environmental Protection ; or

             (b)  where the industrial facility is located in the offshore area, all reports and documentation relating to the volume of product the industrial facility produced during the previous 4 year period that the operator submitted to the board.

14/17 s8; 117/18 s5; 32/19 s3

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Annual hours of operations report

      8.1 (1) An operator of a mobile offshore industrial facility shall submit to the board at the time it submits its first emissions report a report regarding the number of hours the mobile offshore industrial facility operated in the offshore area during the previous 4 year period.

             (2)  A report referred to in subsection (1) shall state the number of hours that the mobile offshore industrial facility's operations related solely to exploration drilling activities.

32/19 s4

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Prior reports

        9. Where an industrial facility is required to report its greenhouse gas emissions to Environment and Climate Change Canada under section 46 of the Canadian Environmental Protection Act, 1999, the operator shall submit, at the time it submits its first emissions report, all reports and documentation that it submitted to Environment and Climate Change Canada for the previous 4 year period.

14/17 s9

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Revised emissions report

      10. (1) Where an operator becomes aware of an error, omission or misrepresentation in an emissions report that has been prepared and submitted to the minister, the operator shall submit a revised emissions report to the minister.

             (2)  A revised emissions report shall include

             (a)  a description of the difference between the emissions report and the revised emissions report, including the reasons for the difference; and

             (b)  a statement signed and dated by the individual designated by the operator to sign on behalf of the operator stating that

                      (i)  the revised emissions report is complete and accurate,

                     (ii)  the revised emissions report has been prepared in accordance with these regulations, and

                    (iii)  the statements and information contained in the revised emissions report are true to the best of the individual’s knowledge.

             (3)  Notwithstanding subsection (1), a revised emissions report is not required to be submitted to the minister if the difference between

             (a)  the carbon dioxide equivalent of the total greenhouse gas emissions attributable to the industrial facility during a reporting period as reported in the emissions report for the same reporting period; and

             (b)  the carbon dioxide equivalent of the total greenhouse gas emissions attributable to the industrial facility during that reporting period calculated in accordance with these regulations,

does not exceed the lesser of 1% or 1000 tonnes of total carbon dioxide equivalent of the greenhouse gas emissions attributable to the industrial facility during the reporting period as reported in the emissions report.

             (4)  A revised emissions report shall be submitted to the minister within 60 days of the operator becoming aware of the error, omission or misrepresentation.

             (5)  Where a revised emissions report is required under this section and the emissions report has already been verified by a verification body, the operator shall include a revised verification report and verification statement with the revised emissions report.

14/17 s10; 88/22 s3

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Requirement for verification of emissions report

      11. (1) An operator is required to have a verification body conduct a verification of the emissions report where

             (a)  the industrial facility emits 25,000 tonnes of carbon dioxide equivalent or more of greenhouse gases in a year;

             (b)  the industrial facility is designated as an opted-in facility; or

             (c)  the Management of Greenhouse Gas Regulations applies to the industrial facility.

             (2)  Notwithstanding subsection (1), a verification is not required for the year in which an industrial facility, other than a mobile offshore industrial facility, permanently closes.

14/17 s11; 117/18 s6; 32/19 s5; 88/22 s4

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Verification team

      12. In establishing a verification team for the purposes of conducting verifications under these regulations, a verification body shall ensure that

             (a)  the verification body is in compliance with ISO 14065, as it relates to verification teams;

             (b)  a verification team meets the requirements for a verifier set out in ISO 14064-3; and

             (c)  a person selected to form part of a verification team does not subcontract the conduct of verifications to another person.

14/17 s12

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Peer review

      13. A verification body shall ensure that each verification that it conducts for the purposes of these regulations is reviewed by an independent peer reviewer in accordance with ISO 14065, as it relates to verification activities.

14/17 s13

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Conflict of interest

      14. (1) A member of a verification team shall, before the verification, ensure that the member is free of any potential threat to independence in relation to the verification.

             (2)  Notwithstanding subsection (1), a member of a verification team that is not free of any potential threat to independence in relation to the verification may participate in the verification if, before the verification, the member establishes and documents strategies for mitigating any threat to independence, and during the verification complies with those strategies so that a reasonable person would conclude that the potential for the threat to independence to influence the objectivity of the verification is insignificant.

14/17 s14; 88/22 s5

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Verification of emissions report

      15. (1) A verification body that conducts a verification under these regulations shall ensure that the verification complies with ISO 14064-3.

             (2)  The verification shall include

             (a)  a review of records relevant to the verification;

             (b)  an assessment of the sources and magnitude of potential errors, omissions and misrepresentations for the purposes of designing an appropriate verification plan;

             (c)  a verification plan, including a sampling plan;

             (d)  site visits, where required under subsection (2.1);

             (e)  application of verification procedures at a reasonable level of assurance notwithstanding that ISO 14064-3 may permit another level of assurance;

             (f)  an evaluation of the consistency of the emissions report and the methodologies used to quantify emissions with the requirements in these regulations; and

             (g)  an assessment of the materiality of any errors, omissions or misrepresentations identified.

         (2.1)  A site visit referred to in paragraph 2(d) is required in the following situations:

             (a)  it is the initial verification of the industrial facility under these regulations or by the verification body;

             (b)  at least 3 calendar years have passed since the verification body has verified an emissions report for the industrial facility;

             (c)  in the last emissions report for the industrial facility, the verification body made a determination

                      (i)  that a material discrepancy exists with respect to the reported greenhouse gas estimates, or

                     (ii)  that the emissions report was not prepared in accordance with these regulations; or

             (d)  the verification body is of the opinion that a site visit is required.

             (3)  Notwithstanding that ISO 14064-3 may permit another level of assurance, the verification of an emissions report shall be conducted for the purposes of determining whether there is a reasonable level of assurance that the emission report

             (a)  does not contain any material discrepancy; and

             (b)  was prepared in accordance with these regulations.

             (4)  For the purpose of subsection (3), a verification body shall determine that there is a reasonable level of assurance that there is a material discrepancy if it determines, after verifying the emissions report, that either

             (a)  the percent discrepancy in the total carbon dioxide equivalent reported results in more than a 5% discrepancy, based on the following formula:

PD = (SOU/TRE x 100)

where

                 PD =  percent discrepancy,

             SOU =  the net result of summing overstatements and understatements from errors, omissions and misrepresentations in tonnes of carbon dioxide equivalent,

              TRE =  the total carbon dioxide equivalent reported under paragraph 7(4)(j),

or

             (b)  the individual or aggregate effect of one or more errors, omissions or misrepresentations identified in the course of verification makes it probable that there is more than a 5% discrepancy in the total carbon dioxide equivalent reported under paragraph 7(4)(j).

             (5)  Notwithstanding paragraph 15(2)(d), a verification relating to the 2019 reporting period or the 2020 reporting period is not required to include site visits.

14/17 s15; 37/20 s1; 18/21 s1; 88/22 s6

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Verification report

      16. (1) After conducting a verification of an emissions report under these regulations, the verification body shall prepare and submit to the operator a verification report.

             (2)  A verification report shall include

             (a)  the name and business address of the verification body;

             (b)  the name of the lead verifier;

             (c)  satisfactory proof that the members of the verification team meet ISO 14064-3 and 14065 requirements;

             (d)  the name, address and operator of the industrial facility;

             (e)  the date of the verification report;

             (f)  a summary of the work the verification body performed as part of the verification, including a description of

                      (i)  the verification procedures used to test the data included in the emissions report, and

                     (ii)  the additional information, not in the emissions report, that was directly or indirectly relied on by the verification body in the course of conducting the verification;

             (g)  verified estimates of the information required under paragraphs 7(4)(j) to (m) and (p);

             (h)  the date of every site visit that was conducted;

              (i)  a signed declaration by the lead verifier that

                      (i)  the verification body is an accredited verification body,

                     (ii)  the evidence obtained during the verification is sufficient and appropriate to support the verification opinion,

                    (iii)  the verification statement is true, accurate and complete, and

                    (iv)  the verification work documented in the verification statement was conducted in accordance with these regulations;

              (j)  a signed declaration from an independent peer reviewer that

                      (i)  the independent peer reviewer was not involved in the verification documented in the verification report, other than providing an independent peer review, and

                     (ii)  the verification used to produce the verification report was appropriate; and

             (k)  a conflict of interest report.

14/17 s16

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Verification statement

      17. (1) In addition to a verification report, a verification body shall prepare and submit to the operator

             (a)  a positive verification statement where the verification body has determined that there is a reasonable level of assurance   that the emissions report contains no material discrepancy as determined in accordance with subsection 15(4); or

             (b)  written notice of the nature of the error, omission, misrepresentation or non-compliance that it has identified where the verification body has determined that there is not a reasonable level of assurance that the emissions report contains a material discrepancy as determined in accordance with subsection 15(4).

             (2)  A verification statement shall meet the requirements set out in ISO 14064-3.

             (3)  A notice under paragraph (1)(b) shall include a written statement stating that the determination of the verification body may be reviewed by the minister upon written request from the operator to the minister within 7 days of receipt of the notice under paragraph (1)(b).

             (4)  A copy of a request referred to in subsection (3) shall be sent to the verification body.

             (5)  Where the operator does not

             (a)  submit a revised emissions report to the minister and the verification body; or

             (b)  make a request under subsection (3),

within 7 days of receiving a notice under paragraph (1)(b), the verification body shall prepare an adverse verification statement and submit the statement to the operator.

14/17 s17

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Review by minister

      18. (1) Upon receiving a request under subsection 17(3), the minister shall review the determination and provide written notice to the operator and the verification body

             (a)  confirming the determination of the verification body; or

             (b)  rejecting the determination of the verification body and deeming the emissions report to have been positively verified.

             (2)  If the minister is of the opinion that additional information is required for the purposes of reviewing a determination under subsection (1), the minister may request additional information from the operator or the verification body and the operator or the verification body shall provide that information within 21 days of the request.

             (3)  If the minister confirms the determination of the verification body under paragraph (1)(a), the operator shall, within 60 days after the date of the minister's confirmation, submit a revised emissions report, verification report and verification statement to the minister and the verification body.

14/17 s18

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Submitting verification report and statement to minister

      19. An operator shall provide a copy of the verification report and verification statement to the minister on or before September 1 of the calendar year immediately following the reporting period.

14/17 s19

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Rejection of verification statement

      20. (1) The minister may reject

             (a)  an adverse verification statement; or

             (b)  a positive verification statement if,

                      (i)  the minister determines that the verification was not free from any threat of independence, or

                     (ii)  based on the findings of an audit under section 21, the minister determines that there is no reasonable level of assurance of the matters referred to in subsection 15(4).

             (2)  If the minister makes a determination under subsection (1), the minister shall provide written notice to the operator and to the verification body.

             (3)  If the minister makes a determination under subparagraph (1)(b)(i), the operator shall ensure that the emissions report is verified by another verification body within 120 days after receiving notice of the minister's determination.

             (4)  If the minister makes a determination under subparagraph (1)(b)(ii), the operator shall ensure that the emissions report is

             (a)  verified by the same verification body within 60 days after receiving notice of the minister's determination; or

             (b)  verified by another verification body within 120 days after receiving notice of the minister's determination where the minister requires that the emissions report be verified by another verification body.

14/17 s20; 88/22 s7

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Compliance report

   20.1 (1) A compliance report shall be submitted to the minister on or before November 1 of the calendar year immediately following the reporting period.

             (2)  Notwithstanding subsection (1), where an industrial facility, other than a mobile offshore industrial facility, closes permanently before the end of a reporting period, the operator is not required to submit a compliance report for that reporting period.

             (3)  A compliance report shall be in writing and shall include

             (a)  the industrial facility's greenhouse gas reduction target;

             (b)  the quantity, type and serial number of the greenhouse gas reduction credits used by the industrial facility to achieve its greenhouse gas reduction target; and   

             (c)  a statement signed and dated by the individual designated by the operator to sign on behalf of the operator certifying that

                      (i)  the individual examined the compliance report to ensure that it is complete and accurate,

                     (ii)  the compliance report was completed in accordance with these regulations, and

                    (iii)  the statements and information contained in the compliance report are true to the best of the individual’s knowledge.

             (4)  For the purpose of paragraph 3(b), where an industrial facility uses fund credits to achieve its greenhouse gas reduction target, the operator shall specify

             (a)  the quantity and serial numbers of the fund credits purchased at the price prescribed in subsection 12(2) of the Management of Greenhouse Gas Regulations ; and

             (b)  the quantity and serial numbers of the fund credits purchased at the price prescribed in subsection 9(7) of the Management of Greenhouse Gas Regulations .

             (5)  Where an operator submits a revised emissions report after the compliance report is submitted, the operator shall submit a revised compliance report within 30 days of its submission of the revised emissions report.

             (6)  Where an operator becomes aware of an error, omission or misrepresentation in a compliance report that has been prepared and submitted to the minister, the operator shall submit a revised compliance report to the minister within 30 days of becoming aware of the error, omission or misrepresentation.

117/18 s7; 32/19 s6; 88/22 s8

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Audit by minister

      21. (1) The minister may require an audit of a verification report by giving written notice to

             (a)  the operator; and

             (b)  the verification body that conducted the verification of the emissions report.

             (2)  The minister may require an audit of an emissions report by giving written notice to the operator.

             (3)  An operator or a verification body who receives written notice under subsection (1) or (2) shall comply with the notice and assist with the audit.

             (4)  Upon request of the minister, the operator shall, for the purpose of an audit made under this section, provide all of the data used to generate the emissions report and the compliance report, including all data made available to a verification body for the purposes of the verification of the emissions report.

             (5)  Upon request of the minister, a verification body shall provide all information related to the verification and preparation of a verification report and verification statement for the purposes of an audit under this section.

14/17 s21; 117/18 s8

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Retention of records by industrial facility

      22. (1) An operator shall keep the following documents and records in a paper or electronic format for a period of at least 7 years after the reporting period to which the information relates:

             (a)  all records used to quantify greenhouse gas emissions required to be reported under these regulations;

             (b)  records of any calculations and methods used to quantify greenhouse gas emissions;         

             (c)  records of all emission factors used to quantify greenhouse gas emissions;

             (d)  all records submitted to the minister under these regulations, including emission reports, verification reports and compliance reports;

         (d.1)  all records relating to the creation, transfer and use of greenhouse gas reduction credits;

             (e)  all records related to any calculations and methods used to substitute for data that has been lost or missing;

             (f)  names, job titles and contact information of the individual designated by the operator to sign on behalf of the operator and other industrial facility personnel involved in quantifying emissions or quality assurance;

             (g)  records indicating what task was performed by each individual referred to in paragraph (f);

             (h)  a log prepared for each reporting period documenting any changes in calculations and methods and instrumentation used to quantify greenhouse gas emissions;

              (i)  documentation respecting any revisions and reasons for those changes to the emissions report;

              (j)  all records related to the verification process for the emissions report; and

             (k)  any other information that is required for the verification of the emissions report.

             (2)  If the minister requests a document or record referred to in subsection (1), the operator shall provide the document or record within 15 days of the request.

14/17 s22; 117/18 s9

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Retention of records by verification body

      23. A verification body shall keep the following documents and records in paper or electronic format for a period of at least 7 years after they have been created or submitted:

             (a)  documents and records generated during a verification;

             (b)  verification statements;

             (c)  verification reports; and

             (d)  all documents on which the conclusions in a verification statement or verification report were based.

14/17 s23

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Schedule A

              1.  HFC-23 (CHF3 )

              2.  HFC-32 (CH2 F2 )

              3.  HFC-41 (CH3 F)

              4.  HFC-43-10mee (CF3 CHFCHFCF2 CF3 )

              5.  HFC-125 (CHF2 CF3 )

              6.  HFC-134 (CHF2 CHF2 )

              7.  HFC-134a (CH2 FCF3

              8.  HFC-143 (CH2 FCHF2 )

              9.  HFC-143a (CH3 CF3 )

            10.  HFC-152 (CH2 FCH2 F)

            11.  HFC-152a (CH3 CHF2 )

            12.  HFC-161 (CH3 CH2 F)

            13.  HFC-227ea (CF3 CHFCF3 )

            14.  HFC-236cb (CH2 FCF2 CF3 )

            15.  HFC-236ea (CHF2 CHFCF3 )

            16.  HFC-236fa (CF3 CH2 CF3 )

            17.  HFC-245ca (CH2 FCF2 CHF2 )

            18.  HFC-245fa (CHF2 CH2 CF3 )

            19.  HFC-365mfc (CH3 CF2 CH2 CF3 )

14/17 Sch A

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Schedule B

              1.  Perfluoromethane (CF4 )

              2.  Perfluoroethane (C2 F6 )

              3.  Perfluoropropane (C3 F8 )

              4.  Perfluorobutane (C4 F10 )

              5.  Perfluorocyclobutane (c-C4 F8 )

              6.  Perfluoropentane (C5 F12 )

              7.  Perfluorohexane (C6 F14 )

              8.  Perfluorodecalin (C10 F18 )

              9.  Perfluorocyclopropane (c-C3 F6 )

14/17 Sch B

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Schedule C

 

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Greenhouse Gas

Chemical Formula

Global Warming Potential

Carbon dioxide

CO2

1

Methane

CH4

28

Nitrogen triflouride

NF3

17,200

Nitrous oxide

N2 O

265

Sulphur hexafluoride

SF6

22,800

HFC-23

CHF3

14,800

HFC-32

CH2 F2

675

HFC-41

CH3 F

92

HFC-43-10mee

CF3 CHFCHFCF2 CF3

1,640

HFC-125

CHF2 CF3

3,500

HFC-134

CHF2 CHF2

1,100

HFC-134a

CH2 FCF3

1,430

HFC-143

CH2 FCHF2

353

HFC-143a

CH3 CF3

4,470

HFC-152

CH2 FCH2 F

53

HFC-152a

CH3 CHF2

124

HFC-161

CH3 CH2 F

12

HFC-227ea

CF3 CHFCF3

3,220

HFC-236cb

CH2 FCF2 CF3

1,340

HFC-236ea

CHF2 CHFCF3

1,370

HFC-236fa

CF3 CH2 CF3

9,810

HFC-245ca

CH2 FCF2 CHF2

693

HFC-245fa

CHF2 CH2 CF3

1,030

HFC-365mfc

CH3 CF2 CH2 CF3

794

Perfluoromethane

CF4

7,390

Perfluoroethane

C2 F6

12,200

Perfluoropropane

C3 F8

8,830

Perfluorobutane

C4 F10

8,860

Perfluorocyclobutane

c-C4 F8

10,300

Perfluoropentane

C5 F12

9,160

Perfluorohexane

C6 F14

9,300

Perfluorodecalin

C10 F18

7,500

Perfluorocyclopropane

c-C3 F6

17,340

14/17 Sch C; 117/18 s10; 88/22 s9

Schedule D

 

Source Category

Quantification
reference

General Stationary Combustion

WCI.020

Refinery Fuel Gas Combustion

WCI.030

Electricity Generation

WCI.040

Mobile Equipment

WCI.280

Petrochemical manufacturing

WCI.300

Petroleum Refining

WCI.200

Hydrogen production

WCI.130

Iron and Steel Manufacturing

WCI.150

Nickel and copper metal production

WCI.260

Lime Manufacturing

WCI.170

Petroleum and Natural Gas Production and Natural Gas Processing

WCI.360

14/17 Sch D; 117/18 s11; 56/23 s2