O. Reg. 77/19: GREENHOUSE GAS EMISSIONS: QUANTIFICATION, REPORTING AND VERIFICATION

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ontario regulation 77/19

made under the

Environmental Protection Act

Made: April 18, 2019
Filed: April 30, 2019
Published on e-Laws: April 30, 2019
Printed in The Ontario Gazette: May 18, 2019

Amending O. Reg. 390/18

(GREENHOUSE GAS EMISSIONS: QUANTIFICATION, REPORTING AND VERIFICATION)

1. (1) The definitions of “Cap and Trade Program Regulation”, “capped participant”, “fractionation facility”, “liquefied natural gas”, “mandatory participant”, “natural gas”, “petroleum product”, “process gas” and “voluntary participant” in subsection 1 (1) of Ontario Regulation 390/18 are revoked.

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“electricity importation” means the importation of electricity into Ontario for consumption in Ontario; (“importation d’électricité”)

(3) The definition of “Ontario Regulation 143/16” in subsection 1 (1) of the Regulation is amended by striking out “the day before Ontario Regulation 389/18 made under that Act comes into force” and substituting “on July 31, 2018”.

(4) The definition of “Ontario Regulation 452/09” in subsection 1 (1) of the Regulation is amended by striking out “immediately before Ontario Regulation 390/18 made under the Act comes into force” and substituting “on July 31, 2018”.

2. Section 4 of the Regulation is revoked and the following substituted:

Calculation of amount of greenhouse gas

4. (1) The amount of greenhouse gas in tonnes of CO₂e shall be calculated for the purposes of this Regulation by applying the following formula:

where,

E = the amount of greenhouse gas, expressed in tonnes of CO₂e,

GHG_i = the total amount of greenhouse gas i, expressed in tonnes,

GWP_i = the applicable global warming potential for greenhouse gas i, as determined in accordance with subsection (2), 

n = the number of greenhouse gases, and

i = the greenhouse gas.

(2) For the purposes of applying the formula set out in subsection (1), the applicable global warming potential for a greenhouse gas is,

(a) in the case of a calculation in respect of 2018, the number set out in Column 5 of Schedule 1 opposite the greenhouse gas; and

(b) in the case of a calculation in respect of 2019 or a subsequent year, the number set out in Column 6 of Schedule 1 opposite the greenhouse gas.

3. (1) Subsections 5 (3) and (4) of the Regulation are revoked.

(2) Subsection 5 (5) of the Regulation is amended by striking out “and any amount calculated under subsection (3)” at the end.

(3) Subsection 5 (7) of the Regulation is amended by striking out “or an amount to be calculated under subsection (3)” in the portion before paragraph 1.

(4) Paragraph 1 of subsection 5 (7) of the Regulation is amended by striking out “or all subsequent calculations of the amount under subsection (3), as the case may be”.

(5) Paragraph 2 of subsection 5 (7) of the Regulation is amended by striking out “or all subsequent calculations of the amount under subsection (3), as the case may be”.

4. The definition of variable “C” in subsection 6 (2) of the Regulation is revoked and the following substituted:

C = the amount of greenhouse gas emitted during the generation of indirect useful thermal energy at another facility in respect of which a calculation is required under the Guideline.

5. Subsections 7 (6) and (7) of the Regulation are revoked and the following substituted:

(6) The requirements in subsections (1) and (2) cease to apply to a person if the specified GHG activities permanently cease to be engaged in at the facility and the person,

(a) provides notice to the Director that the activities have ceased permanently;

(b) gives the Director a report in respect of the final year in which the activities were engaged in at the facility; and

(c) complies with the applicable requirement in subsection (7).

(7) For the purposes of clause (6) (c),

(a) if the permanent cessation of activities occurred in 2018 and the person was required to have a report for the facility verified in 2018, the person shall have the report mentioned in clause (6) (b) verified by an accredited verification body in accordance with this Regulation and shall submit to the Director a verification statement prepared in accordance with section 18 and a verification report prepared in accordance with section 21; or

(b) if the permanent cessation of activities occurred in 2019 or a subsequent year and the person was required to have a report for the facility verified in the year prior to the year in which the permanent cessation occurred, the person shall have the report mentioned in clause (6) (b) verified by an accredited verification body in accordance with this Regulation and shall submit to the Director a verification statement prepared in accordance with section 18 and a verification report prepared in accordance with section 21.

6. The definition of variable “C” in subsection 8 (1) of the Regulation is revoked and the following substituted:

C = the amount of greenhouse gas emitted during the generation of indirect useful thermal energy at another facility in respect of which a calculation is required under the Guideline,

7. Paragraph 2 of subsection 9 (1) of the Regulation is revoked and the following substituted:

2. A person who was required under Ontario Regulation 143/16 to have a GHG report with respect to specified GHG activities engaged in at a facility during 2017 verified, if the verification amount in respect of the facility is 25,000 tonnes of CO₂e or more.

3. A person who was required under Ontario Regulation 452/09 to have a report with respect to activities engaged in during 2015 or 2016 verified, if the result of the calculation under paragraph 4 of subsection 7.3 (2) of that Regulation in respect of the facility for one of those years is 25,000 tonnes of CO₂e or more.

8. Sections 10 to 13 of the Regulation are revoked and the following substituted:

Electricity Importation

Duty to calculate, report and verify

10. (1) This section applies to a person who engages in electricity importation and is a market participant within the meaning of subsection 2 (1) of the Electricity Act, 1998.

(2) The person shall calculate, in each year, the amount of the greenhouse gas emissions associated with the person’s electricity importation, which is the amount emitted by the generation of the electricity imported by the person into Ontario for consumption in Ontario.

(3) If the amount calculated for the year under subsection (2) is greater than zero tonnes of CO₂e, the person shall,

(a) give the Director a report with respect to the electricity importation during the year; and

(b) have the report verified by an accredited verification body in accordance with this Regulation.

(4) The person shall use the standard quantification method or methods set out in the Guideline to calculate the amount of greenhouse gas emissions.

(5) The following rules apply where the standard quantification methods in respect of electricity importation include a choice of calculation methodologies:

1. The person shall select one of the calculation methodologies and use it for all subsequent quantifications, unless the Director consents in writing to the use of another methodology.

2. If the Director consents to the use of another methodology, the person shall use the methodology consented to for all subsequent quantifications, unless the Director consents in writing to the use of another methodology.

(6) All amounts of greenhouse gas emissions calculated shall be expressed as tonnes of CO₂e.

(7) If the amount of greenhouse gas emissions in respect of electricity importation is a number that is not a whole number when expressed in tonnes, the number shall be rounded up to the nearest tonne.

(8) The report shall contain all applicable information set out in Schedule 5.

(9) A report with respect to electricity importation engaged in during a year shall be given to the Director on or before June 1 in the following year.

(10) The person shall submit a verification statement prepared in accordance with section 18 and a verification report prepared in accordance with section 21 to the Director on or before September 1 in the same year in which the verified report was required to be given to the Director.

Continuing duty to report, verify

11. (1) A person who is required to give the Director a report with respect to electricity importation for a year shall give the Director a report with respect to the activity for each subsequent year, which report shall be given on or before June 1 in the year following the subsequent year.

(2) Subject to subsection (3), the requirement in subsection (1) to give reports for subsequent years ceases to apply in a year to a person in respect of electricity importation if the person has complied with the applicable requirements of this Regulation or Ontario Regulation 143/16, as the case may be, for the three consecutive years preceding the year and the amount of greenhouse gas emissions associated with the activity has been zero tonnes of CO₂e for each of those years.

(3) Subsection (2) ceases to apply to a person if, for any year following its application, the amount of greenhouse gas emissions associated with the activity is more than zero tonnes of CO₂e.

(4) The requirement in subsection (1) to give reports for subsequent years ceases to apply to a person in respect of electricity importation if the person permanently ceases to engage in the activity and the person,

(a) provides notice to the Director that the activity has ceased permanently;

(b) gives the Director a report in respect of the final year in which the activity was engaged in; and

(c) has the report mentioned in clause (b) verified by an accredited verification body in accordance with this Regulation and submits a verification statement in accordance with section 18 and a verification report in accordance with section 21 to the Director.

(5) The report shall contain all applicable information set out in Schedule 5.

(6) A report with respect to electricity importation engaged in during a year shall be given to the Director on or before June 1 in the following year.

(7) The person shall submit a verification statement prepared in accordance with section 18 and a verification report prepared in accordance with section 21 to the Director on or before September 1 in the same year in which the verified report was required to be given to the Director.

9. Subsections 14 (4) and (5) of the Regulation are revoked and the following substituted:

(4) If a person is required to give the Director a report with respect to electricity importation, the report shall not be combined with a report with respect to a specified GHG activity engaged in at a facility.

10. (1) Subsection 15 (2) of the Regulation is revoked and the following substituted:

(2) For the purposes of subsection (1), the relevant amount is the verification amount in respect of specified GHG activities or the amount of greenhouse gas emissions associated with electricity importation, as the case may be.

(2) Subsection 15 (10) of the Regulation is revoked.

11. (1) Subsection 16 (4) of the Regulation is amended by striking out “natural gas distribution or petroleum product supply” in the portion before clause (a).

(2) Subsection 16 (5) of the Regulation is amended by adding “as those provisions read immediately before the day section 8 of Ontario Regulation 77/19 made under the Act came into force” after “section 10 or 13”.

12. (1) Paragraph 3 of subsection 17 (2) of the Regulation is revoked and the following substituted:

3. If the report was given to the Director with respect to electricity importation,

i. the accredited verification body has provided greenhouse gas consultancy services to the person having the report verified within the previous three years and the resulting threat to the body’s impartiality cannot be effectively managed with a mitigation plan that the Director has consented to in writing, or

ii. the accredited verification body has verified six consecutive reports prepared by the person having the report verified, unless at least three years have passed since the last verification.

(2) Subsection 17 (5) of the Regulation is amended by adding “as those provisions read immediately before the day section 8 of Ontario Regulation 77/19 made under the Act came into force” after “section 10 or 13”.

13. Subsection 18 (3) of the Regulation is revoked.

14. (1) Item 1 of the Table to subsection 19 (1) of the Regulation is amended by striking out “or, if it was given to the Director before the day this section comes into force, it was prepared in accordance with Ontario Regulation 143/16” in Column 2.

(2) Item 2 of the Table to subsection 19 (1) of the Regulation is amended by striking out “or, if it was given to the Director before the day this section comes into force, it was prepared substantially in accordance with Ontario Regulation 143/16” in Column 2.

(3) Item 3 of the Table to subsection 19 (1) of the Regulation is amended by striking out “or, if it was given to the Director before the day this section comes into force, it was not prepared substantially in accordance with Ontario Regulation 143/16” in Column 2.

(4) Paragraphs 2 and 3 of subsection 19 (2) of the Regulation are revoked and the following substituted:

2. The amount of greenhouse gas emissions associated with electricity importation, if the report was with respect to that activity.

15. (1)  Subsection 20 (1) of the Regulation is amended by striking out “Subject to subsection (3)” at the beginning.

(2) Item 1 of the Table to subsection 20 (1) of the Regulation is amended by striking out “or, if it was given to the Director before the day this section comes into force, it was prepared in accordance with Ontario Regulation 143/16” in Column 2.

(3) Item 2 of the Table to subsection 20 (1) of the Regulation is amended by striking out “or, if it was given to the Director before the day this section comes into force, it was prepared substantially in accordance with Ontario Regulation 143/16” in Column 2.

(4) Item 3 of the Table to subsection 20 (1) of the Regulation is amended by striking out “or, if it was given to the Director before the day this section comes into force, it was not prepared substantially in accordance with Ontario Regulation 143/16” in Column 2.

(5) Subsection 20 (3) of the Regulation is revoked.

16. (1) Paragraph 3 of subsection 21 (1) of the Regulation is amended by striking out “natural gas distribution or petroleum product supply”.

(2) Paragraph 13 of subsection 21 (1) of the Regulation is revoked.

17. Section 25 of the Regulation is amended by striking out “or with respect to natural gas distribution”.

18. Schedule 1 to the Regulation is revoked and the following substituted:

Schedule 1
GreenhousE Gases and GLOBAL WARMING POTENTIALS

Item	Column 1 Common Name of Greenhouse Gas	Column 2 Chemical Formula	Column 3 Chemical Name	Column 4 Chemical Abstract Service Registry No.	Column 5 Global Warming Potential, 2018	Column 6 Global Warming Potential, 2019 and subsequent years
1.	Carbon dioxide	CO2	Carbon dioxide	124-38-9	1	1
2.	Methane	CH4	Methane	74-82-8	21	25
3.	Nitrous oxide	N2O	Nitrous oxide	10024-97-2	310	298
4.	Sulfur hexafluoride	SF6	Sulfur hexafluoride	2551-62-4	23,900	22,800
5.	Nitrogen trifluoride	NF3	Nitrogen trifluoride	7783-54-2	17,200	17,200
6.	HFC-23	CHF3	Trifluoromethane	75-46-7	11,700	14,800
7.	HFC-32	CH2F2	Difluoromethane	75-10-5	650	675
8.	HFC-41	CH3F	Fluoromethane	593-53-3	150	92
9.	HFC-43-10mee	C5H2F10	1,1,1,2,3,4,4,5,5,5- Decafluoropentane	138495-42-8	1,300	1,640
10.	HFC-125	C2HF5	Pentafluoroethane	354-33-6	2,800	3,500
11.	HFC-134	C2H2F4	1,1,2,2-Tetrafluoroethane	359-35-3	1,000	1,100
12.	HFC-134a	C2H2F4	1,1,1,2-Tetrafluoroethane	811-97-2	1,300	1,430
13.	HFC-143	C2H3F3	1,1,2-Trifluoroethane	430-66-0	300	353
14.	HFC-143a	C2H3F3	1,1,1-Trifluoroethane	420-46-2	3,800	4,470
15.	HFC-152	C2H4F2	1,2-Difluoroethane	624-72-6	43	53
16.	HFC-152a	C2H4F2	1,1-Difluoroethane	75-37-6	140	124
17.	HFC-161	C2H5F	Fluoroethane	353-36-6	12	12
18.	HFC-227ea	C3HF7	1,1,1,2,3,3,3- Heptafluoropropane	431-89-0	2,900	3,220
19.	HFC-236cb	C3H2F6	1,1,1,2,2,3-Hexafluoropropane	677-565	1,300	1,340
20.	HFC-236ea	C3H2F6	1,1,1,2,3,3-Hexafluoropropane	431-63-0	1,200	1,370
21.	HFC-236fa	C3H2F6	1,1,1,3,3,3-Hexafluoropropane	690-39-1	6,300	9,810
22.	HFC-245ca	C3H3F5	1,1,2,2,3-Pentafluoropropane	679-86-7	560	693
23.	HFC-245fa	C3H3F5	1,1,1,3,3-Pentafluoropropane	460-73-1	950	1,030
24.	HFC-365mfc	C4H5F5	1,1,1,3,3-Pentafluorobutane	406-58-6	890	794
25.	Perfluoromethane	CF4	Tetrafluoromethane	75-73-0	6,500	7,390
26.	Perfluoroethane	C2F6	Hexafluoroethane	76-16-4	9,200	12,200
27.	Perfluoropropane	C3F8	Octafluoropropane	76-19-7	7,000	8,830
28.	Perfluorobutane	C4F10	Decafluorobutane	355-25-9	7,000	8,860
29.	Perfluorocyclobutane	c-C4F8	Octafluorocyclobutane	115-25-3	8,700	10,300
30.	Perfluoropentane	C5F12	Dodecafluoropentane	678-26-2	7,500	9,160
31.	Perfluorohexane	C6F14	Tetradecafluorohexane	355-42-0	7,400	9,300
32.	Perfluorodecalin	C10F18	Octadecafluorodecalin	306-94-5	N/A	7,500
33.	Perfluorocyclopropane	c-C3F6	Hexafluorocyclopropane	931-91-9	N/A	17,340

 

19. (1) Section 10 of Schedule 5 to the Regulation is amended by striking out “natural gas distribution or petroleum product supply” in the portion before subparagraph i.

(2) Section 11 of Schedule 5 to the Regulation is revoked.

20. Schedule 6 to the Regulation is revoked.

Commencement

21. This Regulation comes into force on the day it is filed.

 

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