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

Regulations are current to 2019-08-28

PART 4General (continued)

Alternative Rules (continued)

Marginal note:Approval

  •  (1) The Minister must grant the application and approve the proposed alternative rule — with any modification, or subject to any conditions, that the Minister considers desirable — if the Minister is of the opinion that

    • (a) the rule that is to be replaced is described by paragraph 112(1)(a) or (b);

    • (b) the proposed alternative rule is described by paragraph 112(3)(a) or (b); and

    • (c) the proposed alternative rule — read in the entire context of the rule that is to be replaced, including the context of the document within which that replaced rule is found, and read harmoniously within the scheme of these Regulations — is at least as rigorous and effective as the rule that is to be replaced.

  • Marginal note:Provision of approved alternative rule

    (2) Without delay after approving an alternative rule, the Minister must provide the applicant — and every other responsible person for the boiler, heater or engine, or the cement manufacturing facility in which the kiln is located, set out in the application — with the alternative rule, as approved.

  • Marginal note:Provision of rule to another responsible person

    (3) A responsible person referred to in subsection (2) must — on another person becoming a responsible person for it — provide that other person with the alternative rule, as approved.

Marginal note:Application of approved alternative rule

  •  (1) Subject to section 115, an alternative rule, as approved by the Minister, replaces the rule in question that is set out in a document that is incorporated by reference into these Regulations and applies in respect of the boiler, heater, engine or kiln located in the cement manufacturing facility.

  • Marginal note:Interpretation of incorporated document

    (2) For greater certainty, the document is to be read with reference to the alternative rule, as approved, and not the rule that the alternative rule replaces.

Marginal note:Notice to apply replaced rule

 A responsible person for the boiler, heater or engine, or the cement manufacturing facility in which the kiln is located, may in writing notify the Minister and every other responsible person for it that the alternative rule, as approved, no longer applies — as of the date indicated in the notice — in respect of that boiler, heater, engine or kiln located in the cement manufacturing facility.

Marginal note:Refusal — false, misleading or incomplete information

  •  (1) The Minister must refuse the application if the Minister has reasonable grounds to believe that the responsible person has, with their application, provided false, misleading or incomplete information.

  • Marginal note:Refusal — informing applicant

    (2) Without delay after refusing the application, the Minister must inform the applicant of the refusal, along with the reasons for it.

Marginal note:Revocation by Minister

  •  (1) The Minister must revoke the alternative rule as approved by the Minister if

    • (a) new information, with supporting documents, demonstrates that the alternative rule, as approved — read in the entire context of the rule that is to be replaced, including the context of the document within which that replaced rule is found, and read harmoniously within the scheme of these Regulations — is not at least as rigorous and effective as the rule it replaces; or

    • (b) the Minister has reasonable grounds to believe that the responsible person had, with their application, provided false or misleading information to the Minister.

  • Marginal note:Revocation — informing responsible persons

    (2) Without delay after the revocation, the Minister must notify each responsible person for the boiler, heater or engine, or the cement manufacturing facility in which the kiln is located, of the revocation, along with the reasons for it and an indication of the date of the revocation.

Marginal note:Revocation under law

 The alternative rule as approved by the Minister is revoked as of the day on which the responsible person no longer is able to comply with provincial law by complying with the alternative rule in respect of the boiler, heater, engine or kiln located in the cement manufacturing facility. Without delay after that day, the responsible person must notify the Minister in writing of that revocation, including an indication of the date of that day.

Marginal note:Rule after notification or revocation

 The rule set out in a document that is incorporated by reference into these Regulations and referred to in subsection 112(1) that was replaced by an alternative rule, as approved by the Minister, applies in respect of the boiler, heater, engine or kiln located in the cement manufacturing facility on

  • (a) receipt by the Minister of the notice referred to in section 115;

  • (b) the date of the revocation that is indicated in the notice described in subsection 117(2); or

  • (c) the date of the revocation referred to in section 118.

Reporting, Providing, Recording and Retention of Information

Marginal note:Electronic provision

  •  (1) A report, notice or information that is required to be provided, or an application that is made, to the Minister under these Regulations must be provided electronically in the form and format specified by the Minister and must bear the signature or electronic signature of an authorized official of the responsible person who provides it.

  • Marginal note:Provision on paper

    (2) If the Minister has not specified an electronic form and format or if it is impractical to provide the report, notice, information or application in accordance with subsection (1) because of circumstances beyond the control of the responsible person, the report , notice, information or application must be provided on paper, signed by an authorized official of the responsible person, in the form and format specified by the Minister. However, if no form and format have been so specified, it may be in any form and format.

Marginal note:Record-making

  •  (1) A record in respect of a boiler, heater, engine or cement manufacturing facility must, to the extent that it is not otherwise required under these Regulations, be made

    • (a) of every document and all information that supports the validity of any information provided to the Minister under these Regulations;

    • (b) of every measurement and calculation, along with supporting documents, that are used to determine a value of an element of a formula set out in these Regulations, as well as any information, including the methodology, that is used to determine one of those values;

    • (c) if a CEMS is used under these Regulations,

      • (i) of every document or information referred to in the CEMS Reference Method that

        • (A) relates to a demonstration or test made under these Regulations, or

        • (B) is required to be created or obtained under the CEMS Reference Method, and

      • (ii) of every measurement of a concentration and of flow that is used for every calculation necessary to determine an emission intensity, along with supporting documents;

    • (d) of documents that demonstrate that the installation, operation, maintenance and calibration of measuring devices was done in accordance with these Regulations; and

    • (e) of any other information that is relevant to demonstrating compliance with these Regulations in respect of the boiler, heater, engine or cement manufacturing facility.

  • Marginal note:Records — deadline

    (2) Records required to be made under these Regulations must be made within 30 days after the day on which the information to be recorded becomes available.

  • Marginal note:Five or ten years’ retention

    (3) A record or application that is made — or a copy of a report, notice or information that is provided — under these Regulations must be kept, along any supporting documents, after it is made or provided for

    • (a) at least five years if it relates to a boiler, heater, or an engine; and

    • (b) at least 10 years if it relates to a cement manufacturing facility.

  • Marginal note:No retention

    (4) Despite subsection (3), any information that has been provided to the Minister by a responsible person for inclusion in the engine registry or in an online electronic reporting site that is established by the Minister does not need to be kept if the Minister has provided the responsible person with an acknowledgment of its receipt.

  • Marginal note:Record location — Parts 1 and 3

    (5) The record or copy referred to in subsection (3) — other than one that relates to an engine — must be kept at the facility where the boiler or heater is located or at the cement manufacturing facility.

  • Marginal note:Record location — Part 2

    (6) The record or the copy referred to in subsection (3) that relates to an engine must be kept at

    • (a) any place in Canada other than the facility where the engine is located, if that place is, when the engine is registered, indicated in the engine registry; and

    • (b) the facility where the engine is located, in any other case.

  • Marginal note:Provision of records

    (7) On the Minister’s request, the record or copy referred to in subsections (5) and (6) must be provided to the Minister without delay.

 
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