Clean Electricity Regulations (SOR/2024-263)

Marginal note:Permanent cessation

• 43 (1) If a unit permanently ceases to generate electricity, the responsible person for the unit must, no later than 60 days after the day on which the unit permanently ceases generating electricity, submit to the Minister a notice of permanent cessation of electricity generation that contains the information set out in Schedule 7.

• Marginal note:Continuing responsibility

  (2) A responsible person that submits the notice referred to in subsection (1) must

  • (a) submit any report required under any of sections 39 to 42 in respect of the unit for the calendar year in which the unit permanently ceases to generate electricity; and

  • (b) continue to comply with the requirements set out in sections 29, 37, 38 and 44 to 48 in respect of the unit.

Marginal note:Signature and submission — electronic

• 44 (1) Any information that is required to be submitted under these Regulations, including any notice provided under subsection 8(5), paragraph 25(1)(f), subsection 25(3), section 37 or subsection 46(3), and any application that is made under these Regulations, must be submitted electronically in the form specified by the Minister and must bear the electronic signature of the responsible person or its authorized official.

• Marginal note:Provision on paper

  (2) If the Minister has not specified an electronic form or if the responsible person is unable to submit the information electronically in accordance with subsection (1) because of circumstances beyond the responsible person’s control, the information must be submitted on paper, signed by the responsible person or its authorized official, in the form specified by the Minister or, if no form has been specified, in any form.

Records

Marginal note:Contents

• 45 (1) A responsible person must make records containing the following documents and information with respect to the unit:

  • (a) any notice, attestation, declaration, application, report or information submitted to the Minister under these Regulations;

  • (b) if the responsible person is required to make a determination or perform a calculation under these Regulations,

    • (i) the determination or calculation required,

    • (ii) the measurements on which the determination or calculation was based,

    • (iii) an indication of the standard or method that was used to determine the value of any variable of a formula required to complete the calculations, as well as any information, including the methodology, that is used to determine that value, and

    • (iv) any supporting documents for the information referred to in subparagraphs (i) to (iii);

  • (c) if a quantity is assigned to Q_a in subsection 13(2), the documentation referred to in paragraph 13(4)(c) and information demonstrating that useful thermal energy was supplied to a recipient facility;

  • (d) an indication of the standard or method used to determine the value of CC_i in subsection 20(4) for a sample of gaseous fuel, including an indication of whether a direct measuring device was used to determine that value;

  • (e) the manufacturer’s instructions for any measuring device used to determine any value or quantity under these Regulations;

  • (f) information demonstrating that the requirements set out in section 36 have been met;

  • (g) for each calendar year during which the responsible person uses a CEMS,

    • (i) information demonstrating that the requirements set out in the CEMS Protocol for the design, certification, operation and performance evaluation of the CEMS have been met,

    • (ii) documents confirming that the CEMS certification requirement set out in subsection 18(2) has been met, and

    • (iii) a copy of each quality assurance plan developed for the CEMS and information demonstrating that the requirements set out in section 6 of the CEMS Protocol for the quality assurance plan have been met;

  • (h) the results of the analysis of every sample taken for the purposes of subsections 20(1) or (4), as well as the date on which each sample was taken and an indication of the standards that were used to take representative samples of the fuel;

  • (i) if a supplier of hydrogen, ammonia or steam has provided the values of E_k and P_k under subsection 24(2), the information provided by the supplier;

  • (j) if a supplier of fuel has provided the carbon content of that fuel under subsection 34(4), the information provided by the supplier;

  • (k) information demonstrating the manner in which the electricity generation capacity set out in any registration report submitted under section 7 or subsection 8(2) and each emissions report submitted under section 39 was determined; and

  • (l) if replacement data was used under section 35, information demonstrating the reason replacement data was required, along with the replacement data that was used.

• Marginal note:Time limit

  (2) A record must be made no later than 30 days after the day on which the information and documents to be included in it become available.

Marginal note:Retention of information

• 46 (1) A responsible person must keep the records that are required to be made under these Regulations with respect to the unit, along with the supporting documents, for the following periods:

  • (a) in the case of a registration report submitted under subsection 7(1), paragraph 7(2)(a) or subsection 8(2) and any supporting documents related to that registration report, the period that begins on the day on which the registration report is submitted to the Minister and ends on the day that is seven years after the day on which the notice referred to in subsection 43(1) is submitted in respect of the unit; and

  • (b) in any other case, a period of seven years after the later of the day on which the record is made and the day on which the information is submitted to the Minister.

• Marginal note:Location of records

  (2) The records and supporting documents must be kept at the responsible person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records and documents are not kept at the responsible person’s principal place of business, the responsible person must provide the Minister with the civic address of the place where they are kept.

• Marginal note:Relocation of records

  (3) If the records and supporting documents are moved, the responsible person must notify the Minister of the civic address of the new location within 30 days after the day of the move.

Marginal note:Minister’s request

47 A responsible person must provide to the Minister a copy of any record that is required to be kept no later than 30 days after the Minister requests it.

Language of Documents

Marginal note:English or French

48 All documents required by these Regulations must be in English or French or be accompanied by a translation in English or French and an affidavit of the translator attesting to the accuracy of the translation.

Consequential Amendments

Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity

Repeals

Coming into Force

Marginal note:January 1, 2025

• 53 (1) Subject to subsections (2) and (3), these Regulations come into force on January 1, 2025, but if they are registered after that day, they come into force on the day on which they are registered.

• Marginal note:January 1, 2035

  (2) Sections 9 and 12, subsection 13(1), sections 15 to 24, 27 to 30, 33 to 36, 38 to 42 and 49 to 51 and Schedules 3 to 6 come into force on January 1, 2035.

• Marginal note:January 1, 2050

  (3) Section 52 comes into force on January 1, 2050.