Output-Based Pricing System Regulations

Marginal note:Determination

• 53 (1) The Minister may establish the emissions limit or determine the quantity of GHGs emitted from the covered facility for the compliance period if

  • (a) there is a material discrepancy with respect to the total quantity of GHGs from the covered facility or the production from one or more specified industrial activities used in the calculation of the emissions limit reported in the annual report or the corrected report for the compliance period;

  • (b) the verification opinion referred to in paragraph 3(n) of Schedule 5 that is included in the verification report that accompanies an annual report or corrected report for the compliance period indicates that it is impossible to determine that a material discrepancy does not exist or that the annual report or corrected report was prepared in accordance with these Regulations;

  • (c) the emissions limit for the covered facility that is indicated in the annual report or corrected report for the compliance period was not calculated in accordance with these Regulations and any resulting error was equal to or greater than 2%; or

  • (d) the annual report for the compliance period was not submitted to the Minister.

• Marginal note:Criteria

  (2) The Minister is to establish the emissions limit or determine the quantity of GHGs emitted from the covered facility for the compliance period, as the case may be, based on the following:

  • (a) the annual report and verification report for the compliance period and, if necessary, any previous reports;

  • (b) any report made in accordance with the Notice with respect to reporting of greenhouse gases (GHGs) published under the Canadian Environmental Protection Act, 1999;

  • (c) information in respect of industrial activities, in Canada or in other jurisdictions, similar to those of the covered facility, that allows for the determination of production amounts for the covered facility;

  • (d) accepted quantification methods used to calculate the GHGs from facilities engaged in the same industrial activity or in the same type of industrial activity as the covered facility; and

  • (e) any other information provided, on the Minister’s request, by the person responsible for the covered facility or the verifier.

• Marginal note:Notice

  (3) The Minister must notify the person responsible for the covered facility, in writing, of their determination with respect to the emissions limit or the quantity of GHGs emitted from the covered facility established for the compliance period.