Clean Electricity Regulations (SOR/2024-263)

Marginal note:Sampling

• The following provision is not in force.

  34 (1) The value of the variables referred to in the formulas set out in subsection 20(1) and (4) must be determined based on fuel samples taken in accordance with this section.

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  Marginal note:Frequency

  (2) Each fuel sample must be taken at a time and location in the fuel-handling system of the facility that provides the following representative samples of the fuel combusted at the applicable minimum frequency:

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    (a) for natural gas, during each sampling period consisting of each calendar year that the unit generates electricity or produces useful thermal energy, two samples taken that year, with each of those samples being taken at least four months after any previous sample has been taken, in accordance with one of the following standards:

    • (i) ASTM D4057, entitled Standard Practice for Manual Sampling of Petroleum and Petroleum Products,

    • (ii) ASTM D4177, entitled Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, or

    • (iii) ASTM F307, entitled Standard Practice for Sampling Pressurized Gas for Gas Analysis;

  • The following provision is not in force.

    (b) for refinery gas, during each sampling period consisting of each day that the unit generates electricity or produces useful thermal energy, one sample per day that is taken at least six hours after any previous sample has been taken, in accordance with any of the standards referred to in paragraph (a);

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    (c) for a type of liquid fuel or of a gaseous fuel other than refinery gas and natural gas, during each sampling period consisting of each month that the unit generates electricity or produces useful thermal energy, one sample per month that is taken at least two weeks after any previous sample has been taken, in accordance with any of the standards referred to in paragraph (a); and

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    (d) for a solid fuel, one composite sample per month that consists of sub-samples, each having the same mass, that are taken

    • (i) from the fuel that is fed for combustion during each week that begins in that month and during which the unit generates electricity or produces useful thermal energy,

    • (ii) after all fuel treatment operations have been carried out but before any mixing of the fuel with other fuels, and

    • (iii) at intervals of at least 72 hours.

• The following provision is not in force.

  Marginal note:Additional samples

  (3) If the responsible person takes more samples or composite samples, as the case may be, than the number required under subsection (2) and a determination is made on the carbon content of any of those samples or composite samples in the manner set out in the description of CC_i in subsection 20(4) for the fuel type, the results of that determination must be included in the determination of CC_A under subsection 20(4).

• The following provision is not in force.

  Marginal note:Carbon content provided by the supplier

  (4) A responsible person may use the carbon content of a fuel provided by the supplier of the fuel rather than taking fuel samples in accordance with this section if the supplier

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    (a) determined the carbon content in the manner set out in the description of CC_i in subsection 20(4); and

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    (b) took the samples during the applicable sampling period and at the applicable minimum sampling frequency set out in subsection (2).

Marginal note:Missing data

• The following provision is not in force.

  35 (1) If, for any reason beyond the responsible person’s control, the data required to determine the value of any variable in any formula in these Regulations is missing for a period of a calendar year, replacement data for that period must be used to determine that value.

• The following provision is not in force.

  Marginal note:Replacement data — CEMS

  (2) If a CEMS is used to determine the value of a variable in a formula set out in section 16 or 17 or any of sections 7.1 to 7.5 of the CEMS Protocol, but data is missing for a given period, the replacement data must be obtained in accordance with section 3.4.1 of the CEMS Protocol.

• The following provision is not in force.

  Marginal note:Replacement data — non-CEMS

  (3) If data, other than data referred to in subsection (2), that is required to determine the value of any variable in a formula in these Regulations is missing for a given period, the replacement data is to be the average of the available data for that variable during the equivalent period prior to and, if the data is available, subsequent to that given period. However, if no data is available for that variable for the equivalent period prior to that given period, the replacement data to be used is the value determined for that variable during the equivalent period subsequent to the given period.

• The following provision is not in force.

  Marginal note:Maximum number of hours

  (4) Replacement data may be used for more than one period during a calendar year but must not be used for more than 672 hours during the calendar year.

Marginal note:Measuring devices — installation, maintenance and calibration

• The following provision is not in force.

  36 (1) A responsible person must install, maintain and calibrate all measuring devices, other than a CEMS, that are used for the purposes of these Regulations in accordance with the manufacturer’s instructions or any applicable generally recognized national or international industry standard.

• The following provision is not in force.

  Marginal note:Frequency of calibration

  (2) The responsible person must calibrate each measuring device

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    (a) at least once in every calendar year and at least five months after a previous calibration; or

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    (b) at the minimum frequency recommended by the manufacturer.

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  Marginal note:Accuracy of measurements

  (3) The responsible person must use measuring devices that enable measurements to be made with an accuracy of

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    (a) ± 3% in the case of any device used to measure a quantity of electricity; and

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    (b) ± 5% in the case of any other device.

• The following provision is not in force.

  Marginal note:Documents incorporated by reference

  (4) However, if a document incorporated by reference into these Regulations requires measurements that are more accurate than what is required by subsection (3), the responsible person must use a measuring device that enables measurements to be made with the degree of accuracy required by that document.

Marginal note:Corrected emissions report

• The following provision is not in force.

  38 (1) A responsible person must submit to the Minister a corrected emissions report for a unit no later than 120 days after the day on which

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    (a) the responsible person submits a notice under section 37 that indicates that the responsible person has become aware of an error or omission that resulted in the issuance of an incorrect number of compliance credits for the unit; or

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    (b) the Minister notifies the responsible person of an error or omission that resulted in the issuance of an incorrect number of compliance credits for the unit.

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  Marginal note:Contents of report

  (2) The corrected emissions report must contain the information set out in Schedule 5 for the same calendar year as the calendar year to which the error or omission relates, along with

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    (a) the information that required correction and a description of the corrections made;

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    (b) a description of the circumstances that led to the error or omission and an indication of the reasons why the error or omission was not previously detected; and

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    (c) a description of the measures that have been and will be implemented to avoid errors or omissions of the same type.

• The following provision is not in force.

  Marginal note:Remittance obligation

  (3) If, as a result of the error or omission, the number of compliance credits issued for a unit is greater than the number of compliance credits that would have been issued had the correct quantities been used to calculate that number at the time of issuance, the responsible person must remit to the Minister, no later than the December 15 that follows the time limit referred to in subsection (1), a number of compliance credits and, if applicable, Canadian offset credits that is equal to the difference between the number of compliance credits issued and the number that should have been issued.

• The following provision is not in force.

  Marginal note:Order of precedence

  (4) The credits remitted for a unit for the purposes of subsection (3) must be, in the following order of precedence,

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    (a) compliance credits issued for the unit for the same calendar year as the calendar year to which the error or omission relates;

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    (b) if an insufficient number of compliance credits referred to in paragraph (a) are held by the responsible person to fulfill the remittance obligation, any other compliance credits that are held in respect of that unit on the day that the notice referred to in paragraph (1)(a) or (b) is provided; or

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    (c) if an insufficient number of compliance credits referred to in paragraphs (a) and (b) are held by the responsible person to fulfill the remittance obligation, any combination of transferable compliance credits and Canadian offset credits.

• The following provision is not in force.

  Marginal note:Conditions

  (5) The responsible person may only remit compliance credits and Canadian offset credits for a unit for the purposes of this section if

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    (a) in the case of compliance credits, the credits were issued

    • (i) for a calendar year that is no more than five calendar years before the calendar year in which they are remitted, and

    • (ii) for a unit that reports to the same electricity system operator as the unit for which they are remitted; and

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    (b) in the case of Canadian offset credits,

    • (i) the credits were issued for greenhouse gas reductions or removals that occurred no more than eight calendar years before the calendar year in which they are remitted, and

    • (ii) the number remitted does not exceed the number that is equal to the difference between

      • (A) the sum of the maximum number of Canadian offset credits that may be remitted for the unit under section 28 for each calendar year beginning with the calendar year to which the error or omission relates and ending with the calendar year in which the credits are remitted, and

      • (B) the sum of the number of Canadian offset credits that have already been remitted for the unit for each of those calendar years.

• The following provision is not in force.

  Marginal note:Partial remittance

  (6) Despite subsection (3), if a responsible person does not hold and is unable to obtain a sufficient number of compliance credits or Canadian offset credits that meet the conditions set out in subsections (4) and (5) to fulfill the remittance obligation by the time limit set out in subsection (3), the responsible person must remit the number of credits that it was able to obtain by that time limit and remit to the Minister the outstanding number of compliance credits or Canadian offset credits in the following calendar year — or, if it still does not hold and is unable to obtain a sufficient number of credits in that following calendar year, in a subsequent calendar year — in accordance with subsection (7).

• The following provision is not in force.

  Marginal note:Remittance in following year

  (7) Credits remitted for a unit after the time limit set out in subsection (3) must be

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    (a) compliance credits issued for the unit; or

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    (b) if an insufficient number of compliance credits referred to in paragraph (a) are held by the responsible person to fulfill the remittance obligation, any combination of transferable compliance credits or Canadian offset credits that the responsible person is able to obtain in that calendar year that meet the conditions set out in subsection (5).

• The following provision is not in force.

  Marginal note:Timing of remittance

  (8) Compliance credits and Canadian offset credits remitted under this section are considered to be remitted on the day on which a reconciliation report that contains all of the information set out in sections 1, 3 and 5 of Schedule 6 in respect of the credits is submitted to the Minister in accordance with section 41.

Marginal note:Emissions report

• The following provision is not in force.

  39 (1) Beginning with the calendar year in which a unit becomes subject to an emission limit under subsection 9(1), the responsible person must submit to the Minister an annual emissions report for the unit that contains the information set out in Schedule 5.

• The following provision is not in force.

  Marginal note:June 1

  (2) The emissions report must be submitted on or before June 1 of the calendar year that follows the calendar year that is the subject of the report.

Marginal note:Short emissions report

• The following provision is not in force.

  40 (1) A responsible person must submit to the Minister — for each calendar year that the unit is subject to an exemption, under subsection 14(1), from the application of section 39 — a short emissions report for the unit that contains the information set out in sections 1, 2, 4 and 9 of Schedule 5.

• The following provision is not in force.

  Marginal note:June 1

  (2) The short emissions report must be submitted on or before June 1 of the calendar year that follows the calendar year that is the subject of the report.

Marginal note:Reconciliation report

• The following provision is not in force.

  41 (1) Beginning with the calendar year in which a unit becomes subject to an emission limit under subsection 9(1), the responsible person must submit to the Minister an annual reconciliation report for the unit that contains the information set out in Schedule 6.

• The following provision is not in force.

  Marginal note:December 15

  (2) The reconciliation report must be submitted on or before December 15 of the calendar year that follows the calendar year that is the subject of the report.