Clean Electricity Regulations (SOR/2024-263)

Marginal note:Quantification with CEMS

• The following provision is not in force.

  15 (1) For the purposes of paragraphs 12(3)(a) and (d), the quantity of CO₂ emissions from the combustion of fossil fuel in a unit during a calendar year must be measured using a CEMS and is determined, subject to section 17, in accordance with sections 7.1 to 7.5 of the CEMS Protocol.

• The following provision is not in force.

  Marginal note:Multiple CEMS

  (2) The quantity of CO₂ emissions from a unit equipped with multiple CEMS is determined by adding together the quantity of CO₂ emissions measured by each CEMS.

Marginal note:Combustion of biomass

• The following provision is not in force.

  16 (1) For the purposes of paragraph 12(3)(b), the quantity of CO₂ emissions from the combustion of fossil fuel in a unit during a calendar year must be measured using a CEMS and is determined by the formula

  E_comb × (V_ff ÷ V_T) − E_s

  where

  E_comb

  is the quantity of CO₂ emissions from the unit, expressed in tonnes, from the combustion of fossil fuel and biomass during the calendar year, determined in accordance with section 15 or 17, as applicable;

  V_ff

  is the volume of CO₂ emissions from the combustion of fossil fuel in the unit during the calendar year, expressed in m³ at standard conditions and determined by the formula

  

  where

  i

  is the i^th fossil fuel type combusted in the unit during the calendar year, where “i” goes from 1 to n and where n is the number of fossil fuel types combusted,

  Q_i

  is the quantity of fossil fuel type “i” combusted in the unit during the calendar year, determined

  • (a) for a gaseous fuel, in the same manner used in the determination of V_f in paragraph 20(1)(a) and expressed in m³ at standard conditions,

  • (b) for a liquid fuel, in the same manner used in the determination of V_f in paragraph 20(1)(b) and expressed in kL, and

  • (c) for a solid fuel, in the same manner used in the determination of M_f in paragraph 20(1)(c) and expressed in tonnes,

  F_c,i

  is the fuel-specific carbon-based F-factor for each fossil fuel type “i” — being either the F-factor set out in Appendix A of the CEMS Protocol or, for fuels not listed in that Appendix, the F-factor determined in accordance with that Appendix — corrected to be expressed in m³ of CO₂/GJ at standard conditions, and

  HHV_i

  is the higher heating value for each fossil fuel type “i” that is measured in accordance with subsection (2) or the default higher heating value set out in column 2 of Schedule 3 for the fuel type set out in column 1;

  V_T

  is the volume of CO₂ emissions resulting from combustion of fossil fuel and biomass in the unit during the calendar year, expressed in m³ at standard conditions and determined by the formula

  

  where

  t

  is the t^th hour, where “t” goes from 1 to n and where n is the total number of hours during which the unit generated electricity in the calendar year,

  CO_2w,t

  is the average concentration of CO₂ in relation to all gases in the stack emitted from the combustion of fuel in the unit during each hour “t” — or, if applicable, a calculation made in accordance with section 7.4 of the CEMS Protocol of that average concentration of CO₂ based on a measurement of the concentration of oxygen (O₂) in those gases in the stack — expressed as a percentage on a wet basis, and

  Q_w,t

  is the average volumetric flow during that hour, measured on a wet basis by a stack gas volumetric flow monitor and expressed in m³ at standard conditions; and

  E_s

  is the quantity of CO₂ emissions, expressed in tonnes, that is released from the use of sorbent to control the emission of sulphur dioxide from the unit during the calendar year, as determined by the formula

  S × R × (44 ÷ MM_s)

  where

  S

  is the quantity of sorbent, such as calcium carbonate (Ca‍CO₃), expressed in tonnes,

  R

  is the stoichiometric ratio, on a mole fraction basis, of CO₂ released on usage of one mole of sorbent, which is equal to 1 if the sorbent is Ca‍CO₃, and

  MM_s

  is the molecular mass of the sorbent, which is equal to 100 if the sorbent is Ca‍CO₃.

• The following provision is not in force.

  Marginal note:Higher heating value (HHV_i)

  (2) The higher heating value of a fossil fuel must be measured

  • The following provision is not in force.

    (a) in the case of a gaseous fuel,

    • (i) in accordance with one of the following standards, as applicable:

      • (A) ASTM D1826, entitled Standard Test Method for Calorific (Heating) Value of Gases in Natural Gas Range by Continuous Recording Calorimeter,

      • (B) ASTM D3588, entitled Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels,

      • (C) ASTM D4891, entitled Standard Test Method for Heating Value of Gases in Natural Gas and Flare Gases Range by Stoichiometric Combustion,

      • (D) Gas Processors Association Standard 2172, entitled Calculation of Gross Heating Value, Relative Density, Compressibility and Theoretical Hydrocarbon Liquid Content for Natural Gas Mixtures for Custody Transfer, or

      • (E) Gas Processors Association Standard 2261, entitled Analysis for Natural Gas and Similar Gaseous Mixtures by Gas Chromatography, or

    • (ii) by means of a direct measuring device, except that if the measuring device provides only lower heating values, those lower heating values must be converted to higher heating values;

  • The following provision is not in force.

    (b) in the case of a liquid fuel that is

    • (i) an oil or a liquid fuel derived from waste, in accordance with one of the following standards, as applicable:

      • (A) ASTM D240, entitled Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, or

      • (B) ASTM D4809, entitled Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), and

    • (ii) any other liquid fuel type, in accordance with an applicable ASTM standard for the measurement of the higher heating value of the fuel type or, if there is no such ASTM standard, in accordance with an applicable internationally recognized method; and

  • The following provision is not in force.

    (c) in the case of a solid fuel that is

    • (i) coal, in accordance with ASTM D5865, entitled Standard Test Method for Gross Calorific Value of Coal and Coke, and

    • (ii) any other solid fuel type, in accordance with an applicable ASTM standard for the measurement of the higher heating value of the fuel type or, if there is no such ASTM standard, in accordance with an applicable internationally recognized method.

Marginal note:Units sharing CEMS

17 If a unit is located at a facility where there are one or more other units and a CEMS measures emissions from that unit and at least one other unit at a common stack rather than at the exhaust duct of each unit that shares the common stack, the quantity of CO₂ emissions attributed to that unit is determined, based on the ratio of the heat input of that unit to the total heat input of all the units sharing the common stack, by the formula

where

j

is the j^th fuel type combusted during the calendar year in a unit where “j” goes from 1 to y and where y is the number of fuel types combusted;

Q_u,j

is the quantity of fuel type “j” combusted in the unit “u” during the calendar year, determined

• (a) for a gaseous fuel, in the same manner used in the determination of V_f in paragraph 20(1)(a) and expressed in m³ at standard conditions,

• (b) for a liquid fuel, in the same manner used in the determination of V_f in paragraph 20(1)(b) and expressed in kL, and

• (c) for a solid fuel, in the same manner used in the determination of M_f in paragraph 20(1)(c) and expressed in tonnes;

HHV_u,j

is the higher heating value for each fuel type “j” combusted in the unit “u” that is measured in accordance with subsection 16(2) or the default higher heating value set out in column 2 of Schedule 3 for the fuel type set out in column 1;

i

is the i^th unit, where “i” goes from 1 to x and where x is the number of units that share the common stack;

Q_i,j

the quantity of fuel type “j” combusted in each unit “i” during the calendar year, determined for a gaseous fuel, a liquid fuel and a solid fuel, respectively, in the manner set out in the description of Q_u,j;

HHV_i,j

is the higher heating value for each fuel type “j” combusted in each unit “i” that is measured in accordance with subsection 16(2) or the default higher heating value set out in column 2 of Schedule 3 for the fuel type set out in column 1; and

E

is the quantity of CO₂ emissions, expressed in tonnes, from the combustion of all fuels in all the units that share the common stack during the calendar year, measured using a CEMS at the common stack and determined in accordance with sections 7.1 to 7.5 of the CEMS Protocol.

Marginal note:Obligation — CEMS Protocol

• The following provision is not in force.

  18 (1) A responsible person that uses a CEMS to measure CO₂ emissions for the purposes of any of sections 15 to 17 must ensure that the requirements set out in sections 3, 4 and 6 of the CEMS Protocol are met.

• The following provision is not in force.

  Marginal note:Certification of CEMS

  (2) The CEMS must be certified in accordance with section 5 of the CEMS Protocol before it is used for the purposes of these Regulations.

• The following provision is not in force.

  Marginal note:CEMS report

  (3) For each calendar year during which a CEMS is used to measure CO₂ emissions from a unit, the responsible person must

  • The following provision is not in force.

    (a) obtain a CEMS report, signed by an auditor, that contains the information set out in Schedule 4 in respect of the CEMS; and

  • The following provision is not in force.

    (b) if the emissions report referred to in subsection 39(1) is required for the unit for that calendar year, submit the CEMS report along with the emissions report.

Marginal note:Quantification

19 For the purposes of paragraphs 12(3)(c) and (d), the quantity of CO₂ emissions from the combustion of fossil fuel in a unit during a calendar year is determined by the formula

where

i

is the i^th fossil fuel type combusted in the unit during the calendar year, where “i” goes from 1 to n and where n is the number of fossil fuel types combusted;

E_i

is the quantity of CO₂ emissions from the combustion of each fossil fuel type “i” in the unit during the calendar year, expressed in tonnes, as determined for that fossil fuel type in accordance with section 20; and

E_s

is the quantity of CO₂ emissions that is released from the sorbent used to control the emission of sulphur dioxide from the unit during the calendar year, expressed in tonnes and determined by the formula

S × R × (44 ÷ MM_s)

where

S

is the quantity of sorbent, such as Ca‍CO₃, expressed in tonnes,

R

is the stoichiometric ratio, on a mole fraction basis, of CO₂ released on usage of one mole of sorbent, which is equal to 1 if the sorbent is Ca‍CO₃, and

MM_s

is the molecular mass of the sorbent, which is equal to 100 if the sorbent is Ca‍CO₃.

Marginal note:Measured carbon content

• The following provision is not in force.

  20 (1) The quantity assigned to E_i in section 19 is, for each type of fossil fuel combusted in the unit during a calendar year, determined by one of the following formulas, as applicable:

  • The following provision is not in force.

    (a) in the case of a gaseous fuel,

    V_f × CC_A × (MM_A ÷ MV_cf) × 3.664 × 0.001

    where

    V_f

    is the volume of the fossil fuel combusted during the calendar year, determined using flow meters and expressed in m³ at standard conditions,

    CC_A

    is the weighted average of the carbon content of the fossil fuel, determined in accordance with subsection (4) and expressed in kg of carbon per kg of the fossil fuel,

    MM_A

    is the average molecular mass of the fossil fuel, determined based on fuel samples taken in accordance with section 34 and expressed in kg per kg-mole of the fossil fuel, and

    MV_cf

    is the molar volume conversion factor of 23.645 m³ at standard conditions, per kg-mole of the fossil fuel at standard conditions;

  • The following provision is not in force.

    (b) in the case of a liquid fuel,

    V_f × CC_A × 3.664

    where

    V_f

    is the volume of the fossil fuel combusted during the calendar year, determined using flow meters and expressed in kL, and

    CC_A

    is the weighted average of the carbon content of the fossil fuel, determined in accordance with subsection (4) at the same temperature as that used in the determination of V_f and expressed in tonnes of carbon per kL of the fossil fuel; and

  • The following provision is not in force.

    (c) in the case of a solid fuel,

    M_f × CC_A × 3.664

    where

    M_f

    is the mass of the fossil fuel combusted during the calendar year, determined, as the case may be, on a wet or dry basis using a measuring device and expressed in tonnes, and

    CC_A

    is the weighted average of the carbon content of the fossil fuel, determined in accordance with subsection (4) on the same wet or dry basis as that used in the determination of M_f and expressed in kg of carbon per kg of the fossil fuel.

• The following provision is not in force.

  Marginal note:Renewable natural gas

  (2) If a unit that combusts natural gas is supplied by a pipeline network into which renewable natural gas is injected, the volume of natural gas to be used in determining the value for V_f in paragraph (1)(a) is determined by the formula

  V_total − V_RNG

  where

  V_total

  is the total volume of natural gas and renewable natural gas supplied to the unit that is combusted during the calendar year, determined using flow meters and expressed in m³ at standard conditions; and

  V_RNG

  is the volume of renewable natural gas that may be claimed by the unit during the calendar year, determined in accordance with subsection (3) and expressed in m³ at standard conditions.

• The following provision is not in force.

  Marginal note:V_RNG — conditions

  (3) For the purposes of determining the value for V_RNG in subsection (2), a volume of renewable natural gas may be claimed for a calendar year only if

  • The following provision is not in force.

    (a) a contractual agreement specifies that the volume is supplied to the unit for the calendar year;

  • The following provision is not in force.

    (b) the volume is kept physically separated from any other substance and is clearly identifiable as renewable natural gas from the time it is produced until the time it is injected into a pipeline network to which the unit is connected;

  • The following provision is not in force.

    (c) the responsible person for the unit is able to identify each producer of the renewable natural gas supplied to the unit under the contractual agreement referred to in paragraph (a) and the volume supplied by each producer;

  • The following provision is not in force.

    (d) the volume supplied by each producer does not exceed the volume of renewable natural gas produced by that producer that is injected during the calendar year into a pipeline network to which the unit is connected;

  • The following provision is not in force.

    (e) the volume is not being used to create credits in a jurisdiction outside Canada or to comply with a requirement relating to greenhouse gas emissions that is set by a jurisdiction outside Canada;

  • The following provision is not in force.

    (f) the volume is not being used by an end user, other than the responsible person, to create credits in Canada or to comply with a requirement relating to greenhouse gas emissions set out in a federal or provincial law; and

  • The following provision is not in force.

    (g) the responsible person for the unit submits to the Minister, in the emissions report submitted under section 39 for the calendar year, the information set out in section 8 of Schedule 5 in respect of the volume.

• The following provision is not in force.

  Marginal note:Weighted average (CC_A)

  (4) The weighted average CC_A referred to in paragraphs (1)(a) to (c) is determined by the formula

  

  where

  i

  is the i^th sampling period that is set out for the fuel type in subsection 34(2), where “i” goes from 1 to n and where n is the number of sampling periods;

  CC_i

  is the carbon content of each sample or composite sample, as the case may be, of the fossil fuel for the i^th sampling period — expressed for gaseous fuels, liquid fuels and solid fuels, respectively, in the same unit of measure as that set out in the description of CC_A in paragraph (1)(a), (b) or (c), as applicable — as provided by the supplier of the fossil fuel to the responsible person or, if not so provided, as determined in the following manner:

  • (a) in the case of a gaseous fuel,

    • (i) in accordance with one of the following standards, as applicable:

      • (A) ASTM D1945, entitled Standard Test Method for Analysis of Natural Gas by Gas Chromatography,

      • (B) ASTM UOP539, entitled Refinery Gas Analysis by Gas Chromatography,

      • (C) ASTM D7833, entitled Standard Test Method for Determination of Hydrocarbons and Non-Hydrocarbon Gases in Gaseous Mixtures by Gas Chromatography, or

      • (D) API Technical Report 2572, entitled Carbon Content, Sampling, and Calculation, published by the American Petroleum Institute, or

    • (ii) by means of a direct measuring device,

  • (b) in the case of a liquid fuel, in accordance with one of the following standards or methods, as applicable:

    • (i) API Technical Report 2572, entitled Carbon Content, Sampling, and Calculation, published by the American Petroleum Institute,

    • (ii) ASTM D5291, entitled Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products and Lubricants, or

    • (iii) the ASTM standard that applies to the fossil fuel type, or if there is no such ASTM standard, an applicable internationally recognized method, and

  • (c) in the case of a solid fuel, on the same wet or dry basis as that used in the determination of CC_A, in accordance with

    • (i) for a solid fuel derived from waste, ASTM E777, entitled Standard Test Method for Carbon and Hydrogen in the Analysis Sample of Refuse-Derived Fuel, and

    • (ii) for any other solid fuel type, in accordance with an ASTM standard for the measurement of the carbon content of the fuel type or, if there is no such ASTM standard, in accordance with an applicable internationally recognized method; and

  Q_i

  is the volume or mass, as the case may be, of the fossil fuel combusted during the i^th sampling period, determined

  • (a) using flow meters and expressed in m³ at standard conditions, in the case of a gaseous fuel,

  • (b) using flow meters and expressed in kL, in the case of a liquid fuel, and

  • (c) using a measuring device and expressed in tonnes, on the same wet or dry basis as that used in the determination of CC_A, in the case of a solid fuel.