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Multi-Sector Air Pollutants Regulations (SOR/2016-151)

Regulations are current to 2019-08-28

AMENDMENTS NOT IN FORCE

  • — SOR/2016-151, s. 124

    • Section 11

      124 Section 11 of these Regulations is replaced by the following:

      • Class 80 and class 70

        11 The NOx emission intensity of a pre-existing boiler or heater that is class 80 or class 70 — other than those referred to in subsections 13(1) and 14(1) and (2 ) — and that, for a given hour, has at least 50% of the input energy in its combustion chamber resulting from the introduction of gaseous fossil fuel must not, for that hour, exceed the limit of 26 g/GJ.

  • — SOR/2016-151, s. 125

    • Subsection 12(1)
      • 125 (1) The portion of subsection 12(1) of these Regulations before paragraph (a) is replaced by the following:

        • Pre-existing boilers and heaters — classification
          • 12 (1) A pre-existing boiler or heater is classified — in accordance with its classification NOx emission intensity determined in accordance with subsection 34(1) or redetermined in accordance with subsection 36(1) — as follows:

      • Subsection 12(1)

        (2) The portion of subsection 12(1) of these Regulations before paragraph (a) is replaced by the following:

        • Pre-existing boilers and heaters — classification
          • 12 (1) A pre-existing boiler or heater is classified — in accordance with its classification NOx emission intensity determined in accordance with subsection 34(1) — as follows:

  • — SOR/2016-151, s. 126

    • Paragraph 26(4)(a)
      • 126 (1) Paragraph 26(4)(a) of these Regulations is replaced by the following:

        • (a) for class 80 boilers or heaters that underwent a major modification, the recommissioning date of the boiler or heater referred to in paragraph (1)(a);

      • Subsection 26(4)

        (2) Subsection 26(4) of these Regulations is replaced by the following:

        • When identification made

          (4) The identification is made as of

          • (a) for class 80 or class 70 boilers or heaters that underwent a major modification and for redesigned boilers or heaters referred to in section 10, the recommissioning date of the boiler or heater referred to in paragraph (1)(a); and

          • (b) for transitional or modern boilers or heaters, the commissioning date of the boiler or heater referred to in paragraph (1)(a).

  • — SOR/2016-151, s. 127

    • Paragraph 33(3)(c)

      127 Paragraph 33(3)(c) of these Regulations is replaced by the following:

      • (c) for a class 80 or class 70 boiler or heater referred to in section 11, the day on which it begins to combust gaseous fossil fuel;

  • — SOR/2016-151, s. 128

    • Section 35 and 36

      128 Sections 35 and 36 of these Regulations are repealed.

  • — SOR/2016-151, s. 129

    • Subsection 37(1)
      • 129 (1) Subsection 37(1) of these Regulations is replaced by the following:

        • Redetermination after triggering event — class 40
          • 37 (1) Subject to subsection (6), the classification NOx emission intensity of a class 40 boiler or heater must be redetermined after the occurrence of a triggering event that occurs on or before December 31, 2035.

      • Subsection 37(2)

        (2) Subsection 37(2) of these Regulations is replaced by the following:

        • Replacement

          (2) The redetermination under subsection (1) replaces the most recent classification NOx emission intensity for the boiler or heater redetermined under subsection 36(1) only if the redetermined classification NOx emission intensity is greater than that most recent classification NOx emission intensity.

      • Section 37

        (3) Section 37 of these Regulations is repealed.

  • — SOR/2016-151, s. 130

    • Subsection 41(1)
      • 130 (1) Subsection 41(1) of these Regulations is repealed.

      • Subsection 41(2)

        (2) Subsection 41(2) of these Regulations is repealed.

  • — SOR/2016-151, s. 131

    • Paragraph 43(1)(g)
      • 131 (1) Paragraph 43(1)(g) of these Regulations is replaced by the following:

        • (g) for a change in the class of a boiler or heater that results from a redetermination of its classification NOx emission intensity under section 36, the information referred to in section 1 or 2, paragraphs 3(c), () and (e) or any of sections 4 to 8 of Schedule 5, within the period that ends six months after the date on which that redetermination is made.

      • Paragraph 43(1)((g)

        (2) Subsection 43(1) of these Regulations is amended by adding “and” at the end of paragraph (e), by striking out “and” at the end of paragraph (f) and by repealing paragraph (g).

  • — SOR/2016-151, s. 132

    • Section 45 — definition subset

      132 The definition subset in section 45 of these Regulations is repealed.

  • — SOR/2016-151, s. 133

    • Section 49

      133 Section 49 of these Regulations is replaced by the following:

      • Synthetic gas and still gas

        49 Sections 54, 55, 57, 58 and 68 do not apply in respect of an engine — for any period during which the fuel combusted consists of more than 50% synthetic gas, still gas or any combination of those gases — if records are kept that establish, based on a calculation of the mass flow, that the fuel combusted in that period consists of that proportion of those gases.

  • — SOR/2016-151, s. 134

    • Section 53

      134 The portion of section 53 of these Regulations before paragraph (a) is replaced by the following:

      • Applicable units — NOx emission intensity limit

        53 The applicable NOx emission intensity limit for an engine referred to in section 54, 57 or 58 is the limit that is expressed in

  • — SOR/2016-151, s. 135

    • Section 57

      135 Section 57 of these Regulations is replaced by the following:

      • Engines not belonging to a group

        57 The NOx emission intensity of a pre-existing engine that is regular-use, has a rated brake power of at least 250 kW and does not belong to any group must not exceed the limit of 210 ppmvd15% or 4 g/kWh, whichever applies.

  • — SOR/2016-151, s. 136

    • Sections 58 and 59

      136 Sections 58 and 59 of these Regulations are replaced by the following:

      • Engines belonging to a group

        58 Subject to section 60, the NOx emission intensity of an engine that belongs to a group must not exceed the limit of 210 ppmvd15% or 4 g/kWh, whichever applies.

  • — SOR/2016-151, s. 137

    • Section 60

      137 Section 60 of these Regulations is replaced by the following:

      • Certain pre-existing engines

        60 A responsible person who makes an election in accordance with subsection 61(1) to opt out of the application of section 58 must — for each year that follows the making of the election — ensure that the yearly average NOx emission intensity of each subgroup that they establish under section 65 does not exceed the limit of 210 ppmvd15% or 4 g/kWh, whichever applies.

  • — SOR/2016-151, s. 138

    • Paragraph 62(2)(c)

      138 Paragraph 62(2)(c) of these Regulations is replaced by the following:

      • (c) section 58 applies to the responsible person in respect of the engines that belong to their group.

  • — SOR/2016-151, s. 139

    • Paragraph 63(2)(b)

      139 Paragraph 63(2)(b) of these Regulations is replaced by the following:

      • (b) section 58 applies to the responsible person in respect of the engines that belong to their group; and

  • — SOR/2016-151, s. 140

    • Section 69

      140 Section 69 of these Regulations is replaced by the following:

      • NOx emission intensity limits

        69 For the purpose of sections 54, 55, 57, 58 and 68, the NOx emission intensity of an engine must be determined by means of a performance test.

  • — SOR/2016-151, s. 141

    • Paragraph 77(b)
      • 141 (1) Paragraph 77(b) of these Regulations is replaced by the following:

        • (b) within 12 months after either of sections 57 and 58 first applies in respect of the engine;

      • Paragraph 77(c)

        (2) The portion of paragraph 77(c) of these Regulations before subparagraph (i) is replaced by the following:

        • (c) within 90 days after a person becomes, on a given date, an owner of an engine that is subject to a NOx emission intensity limit referred to in any of sections 54, 57 and 58, if

  • — SOR/2016-151, s. 142

    • Subsection 94(1)

      142 The portion of subsection 94(1) of these Regulations before paragraph (a) is replaced by the following:

      • Nameplate
        • 94 (1) An engine that is low-use or that is subject to a NOx emission intensity limit referred to in any of sections 54, 57 and 58 — or an engine or replacement unit that belongs to a subgroup — must have a nameplate that is permanently affixed to it in a visible location and that indicates

  • — SOR/2016-151, s. 143

    • Paragraph 95(1)(b)
      • 143 (1) Paragraph 95(1)(b) of these Regulations is replaced by the following:

        • (b) in respect of an engine that is subject to a NOx emission intensity limit referred to in section 58, by the responsible person who has established the group to which the engine belongs; and

      • Paragraph 95(3)(b)

        (2) Subsection 95(3) of these Regulations is amended by adding “and” at the paragraph (a) and by repealing paragraph (b).

  • — SOR/2016-151, s. 144

    • Paragraph 96(b)

      144 Section 96 of these Regulations is amended by adding “and” at the paragraph (a) and by repealing paragraph (b).

  • — SOR/2016-151, s. 145

    • Reference to Schedule 5
      • 145 (1) Schedule 5 to these Regulations is amended by replacing the section references after the heading “SCHEDULE 5” with the following:

        (Section 4 and paragraph 43(1)(g))

      • Paragraphs 4(l) and (m) of Schedule 5

        (2) Section 4 of Schedule 5 to these Regulations is amended by adding “or” at the end of paragraph (j) and by repealing paragraphs (l) and (m).

      • Schedule 5

        (3) Schedule 5 to these Regulations is repealed.

  • — SOR/2016-151, s. 146

    • Paragraph 3(n) of Schedule 9

      146 Section 3 of Schedule 9 to these Regulations is amended by adding “and” at the end of paragraph (m) and by repealing paragraph (n).

  • — SOR/2016-151, s. 147

    • Section 4 of Schedule 10

      147 Section 4 of Schedule 10 to these Regulations is repealed.

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