ontario regulation 177/25

made under the

Environmental Protection Act

Made: August 14, 2025
Filed: August 14, 2025
Published on e-Laws: August 14, 2025
Published in The Ontario Gazette: August 30, 2025

Amending O. Reg. 241/19

(GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARDS)

1. Subsection 1 (7) of Ontario Regulation 241/19 is amended by adding the following paragraph:

2.1  If the facility was registered in 2024 and a notice of registration of a person as a registered emitter was not issued at any time under subsection 64 (2) of the Greenhouse Gas Pollution Pricing Act (Canada) by the Minister of National Revenue, the first compliance period is 2025.

2. Subsection 4 (4) of the Regulation is amended by striking out “if the facility’s registration was cancelled as a result of that application” at the end and substituting “until January 1 of the year that is three years after the year of the cancellation date referred to in clause 8.1 (7) (a)”.

3. (1) Paragraph 2 of subsection 8.1 (3) of the Regulation is amended by striking out “immediately before or”.

(2) Subsection 8.1 (3) of the Regulation is amended by adding the following paragraph:

5.  The EPS facility does not meet the criteria set out in paragraphs 1 and 2 of subsection 2 (2).

(3) Clause 8.1 (7) (a) of the Regulation is amended by striking out “and of the cancellation date” and substituting “and, subject to subsection (7.1), of the cancellation date”.

(4) Section 8.1 of the Regulation is amended by adding the following subsection:

(7.1) If an application for cancellation is made on or before December 31, 2025 and the Director decides to cancel the application, the cancellation date shall be March 31, 2025.

4. (1) Subsection 14 (5) of the Regulation is amended by striking out “Where the owner or operator of a facility receives a registered emitter notice under the Greenhouse Gas Pollution Pricing Act (Canada) after the first day of the first compliance period in respect of the registration for the facility” at the beginning and substituting “If the first day of the first compliance period in respect of the registration of a facility is in 2024 or earlier and the owner or operator of a facility received a registered emitter notice under the Greenhouse Gas Pollution Pricing Act (Canada) with an effective date in 2024 or earlier”.

(2) Section 14 of the Regulation is amended by adding the following subsection:

(5.1) Where the owner or operator of a facility receives written confirmation under clause 8.1 (7) (a), the value determined under subsection (2) shall be multiplied by the number of days from January 1 of the year of the cancellation date set out in the written confirmation to the cancellation date and then divided by the number of days in the year of the cancellation in order to establish the compliance obligation in respect of the compliance period in which the cancellation date applies in respect of the registration, with any necessary modifications where the Director has aggregated under subsection (4).

5. (1) Subsection 15 (5) of the Regulation is amended by striking out “Where the owner or operator of a facility receives a registered emitter notice under the Greenhouse Gas Pollution Pricing Act (Canada) after the first day of the first compliance period in respect of the registration for the facility” at the beginning and substituting “If the first day of the first compliance period in respect of the registration of a facility is in 2024 or earlier and the owner or operator of a facility received a registered emitter notice under the Greenhouse Gas Pollution Pricing Act (Canada) with an effective date in 2024 or earlier”.

(2) Section 15 of the Regulation is amended by adding the following subsection:

(5.1) Where the owner or operator of a facility receives written confirmation under clause 8.1 (7) (a), the value determined under subsection (2) shall be multiplied by the number of days from January 1 of the year of the cancellation date set out in the written confirmation to the cancellation date and then divided by the number of days in the year of the cancellation in order to establish the compliance obligation in respect of the compliance period in which the cancellation date applies in respect of the registration, with any necessary modifications where the Director has aggregated under subsection (4).

Commencement

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