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Environmental Protection Act

ONTARIO REGULATION 390/18

GREENHOUSE GAS EMISSIONS: QUANTIFICATION, REPORTING AND VERIFICATION

Consolidation Period:  From February 11, 2020 to the e-Laws currency date.

Last amendment: 13/20.

Legislative History: 8/19, 77/19, 242/19, 13/20.

This is the English version of a bilingual regulation.

CONTENTS

Interpretation and Application

1.

Interpretation

1.1

Facility

2.

Application

3.

Greenhouse gas

4.

Calculation of amount of greenhouse gas

Quantification and Reporting

5.

Duty to quantify, calculate

6.

Duty to report

7.

Continuing duty to report

8.

Electricity importation, duty to quantify

9.

Electricity importation, duty to report

10.

Electricity importation, continuing duty to report

Verification

12.

Duty to verify, covered facilities

General Rules

14.

Reporting, general

15.

Revised reports

16.

Accredited verification bodies, general duties

17.

Accredited verification bodies, duties re impartiality

18.

Verification statements

19.

Verification amount conclusion

20.

Production parameter verification conclusions

20.1

Total annual emissions limit verification conclusion

21.

Verification reports

22.

Compromise to impartiality

23.

Requests for information

23.1

Request for revised report, etc.

24.

Retention of records

25.

Change in information

26.

Giving or submitting records, form and manner

Schedule 1

Greenhouse gases and global warming potentials

Schedule 2

Specified ghg activities (subsection 1 (1))

Schedule 3

Records to be retained (subsection 24 (1))

Schedule 4

Biomass criteria (subsection 1 (1))

Schedule 5

Contents of report

 

Interpretation and Application

Interpretation

1. (1) In this Regulation,

“accredited verification body” means a verification body that is accredited to ISO 14065 by a member of the International Accreditation Forum; (“organisme de vérification accrédité”)

“biogas” means a gas made from,

(a) the anaerobic digestion of organic matter in wastewater or wastewater treatment systems, or

(b) source separated organics; (“biogaz”)

“biomass” means organic matter, other than source separated organics and peat or peat derivatives, that meets the criteria set out in Schedule 4; (“biomasse”)

“CO2e” means, when used in reference to a quantity of greenhouse gas, the equivalent quantity of carbon dioxide, calculated in accordance with section 4; (“éq. CO2”)

“covered facility” has the same meaning as in Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Act; (“installation assujettie”)

“Director” means the Director appointed under section 5 of the Act in respect of the section of this Regulation in which the reference appears; (“directeur”)

“distribution system” has the same meaning as in subsection 2 (1) of the Electricity Act, 1998; (“réseau de distribution”)

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

“facility” means a facility within the meaning of section 1.1; (“installation”)

“Guideline” means the guideline published by the Ministry and available from the Ministry, entitled “Guideline for Quantification, Reporting and Verification of Greenhouse Gas Emissions”, as amended from time to time; (“ligne directrice”)

“IESO” has the same meaning as in subsection 2 (1) of the Electricity Act, 1998; (“SIERE”)

“industrial activity” has the same meaning as in Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Act; (“activité industrielle”)

“ISO 14064-3” means, subject to subsection (2), ISO Standard 14064-3:2019, published by the International Organization for Standardization; (“ISO 14064-3”)

“ISO 14065” means standard ISO 14065, published by the International Organization for Standardization (ISO) as amended from time to time; (“ISO 14065”)

“NAICS” means the North American Industry Classification System maintained for Canada by Statistics Canada, as amended or revised from time to time; (“SCIAN”)

“natural gas distribution” means the movement of natural gas in a natural gas pipeline system downstream of gate station inlet valves where pressure reduction or measuring occurs for the delivery of natural gas to consumers; (“distribution de gaz naturel”)

“on-site transportation emissions” means emissions from machinery used for the transport or movement of substances, materials, equipment or products that are used in the production process at a facility where those emissions have resulted from the combustion of fuel delivered in a delivery to which an exemption certificate referred to in section 36 of the Greenhouse Gas Pollution Pricing Act (Canada) applies, containing a declaration described in subparagraph 36 (1) (b) (v) of that Act; (“émissions liées au transport sur le site”)

“Ontario Regulation 143/16” means Ontario Regulation 143/16 (Quantification, Reporting and Verification of Greenhouse Gas Emissions) made under the Climate Change Mitigation and Low-carbon Economy Act, 2016 as that Regulation read on July 31, 2018; (“Règlement de l’Ontario 143/16”)

“Ontario Regulation 452/09” means Ontario Regulation 452/09 (Greenhouse Gas Emissions Reporting) made under the Act as that Regulation read on July 31, 2018; (“Règlement de l’Ontario 452/09”)

“reporting amount” means the reporting amount determined under section 6; (“quantité déclarée”)

“source separated organics” has the same meaning as in Ontario Regulation 160/99 (Definitions and Exemptions) made under the Electricity Act, 1998; (“matière organique séparée à la source”)

“specified GHG activity” means an activity set out in Column 1 of Schedule 2, as described in Column 2 of that Schedule; (“activité émettrice de GES précisée”)

“total annual emissions limit” has the same meaning as in Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Act; (“limite des émissions annuelles totales”)

“transmission system” has the same meaning as in subsection 2 (1) of the Electricity Act, 1998; (“réseau de transport”)

“verification amount” means,

(a) in the case of a report in respect of 2018 or a previous year, the verification amount determined under section 8 as it read immediately before the day section 4 of Ontario Regulation 242/19 made under the Act came into force, and

(b) in the case of a report in respect of 2019 or a later year, the verification amount determined under section 12; (“quantité de vérification”)

“year” means a calendar year. (“année”) O. Reg. 390/18, s. 1 (1); O. Reg. 77/19, s. 1; O. Reg. 242/19, s. 1; O. Reg. 13/20, s. 1 (1-9).

(2) Despite the definition of “ISO 14064-3”, an accredited verification body that begins a verification for the purposes of this Regulation on or before April 30, 2023 may elect to comply with ISO Standard 14064-3: 2006, published by the International Organization for Standardization, instead of ISO Standard 14064-3:2019, and any reference in this Regulation to “ISO 14064-3” shall be read as a reference to ISO Standard 14064-3: 2006 for the purposes of a verification in respect of which such an election has been made. O. Reg. 13/20, s. 1 (10).

(3), (4) Revoked: O. Reg. 13/20, s. 1 (10).

Facility

1.1 (1) Subject to subsections (2), (3) and (4), for the purposes of the definition of “facility” in subsection 1 (1), any one of the following constitutes a facility:

1. All of the following that are operated in an integrated manner to carry out a specified GHG Activity and that have at least one common owner or operator:

i. Sites at which a specified GHG activity is carried out and the buildings, equipment, and other structures and stationary items located on those sites.

ii. Any other sites used in conjunction with the specified GHG activity, including a quarry, tailings pond, wastewater lagoon or pond and landfill.

2. The portion of a natural gas pipeline system within Ontario, excluding the portion of the natural gas pipeline system that is used in natural gas distribution.

3. The portion of a natural gas pipeline system within Ontario that is used in natural gas distribution.

4. An electricity transmission or distribution system within Ontario. O. Reg. 13/20, s. 2.

(2) With respect to pipelines and associated installations or equipment that would form part of a single facility under paragraph 2 or 3 of subsection (1), if there is more than one owner or operator,

(a) only those pipelines and associated installations or equipment that have at least one common owner or operator are considered to form part of the same facility; and

(b) only those pipelines and associated installations or equipment that are operated in an integrated manner are considered to form part of the same facility. O. Reg. 13/20, s. 2.

(3) Two or more sites referred to in paragraph 2, 3 or 4 of subsection (1) that would otherwise be considered to be separate facilities are considered to be a single facility if the facilities have at least one common owner or operator and are operated in an integrated manner. O. Reg. 13/20, s. 2.

(4) Any part of a public road or of a railway track that is bordered on both sides by a facility and used to carry out the facility’s specified GHG activities is considered to be part of the facility. O. Reg. 13/20, s. 2.

(5) For greater certainty, buildings that are used for legal, administrative or management purposes and that are not located where an industrial activity is carried out do not form part of a facility. O. Reg. 13/20, s. 2.

(6) For the purposes of this Regulation, separate sites or portions of separate sites are operated in an integrated manner if any of the following occurs between them:

1. Transfer of intermediate products, final products, by-products, by-product fuels or other material for processing, packaging or shipping.

2. Transfer of energy, including steam, cooling media or electricity, generated at one of them and used at another, other than the transfer of common fuels directly from one to another. O. Reg. 13/20, s. 2.

Application

2. (1) Revoked: O. Reg. 13/20, s. 3.

(2) The requirements in this Regulation relating to a greenhouse gas apply only in respect of a greenhouse gas listed in Column 1 of Schedule 1.

(3) This Regulation does not apply to the IESO.

Greenhouse gas

3. For the purposes of clause (g) of the definition of “greenhouse gas” in subsection 1 (1) of the Act, nitrogen trifluoride is prescribed as a greenhouse gas.

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,

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

GWPi =  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.

O. Reg. 77/19, s. 2.

(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. O. Reg. 77/19, s. 2.

Quantification and Reporting

Duty to quantify, calculate

5. (1) This section applies to a person who is the owner or operator of a facility at which a specified GHG activity is engaged in during a year.

(2) The person is required to quantify the amount of greenhouse gas emitted during all specified GHG activities at the facility during a year. O. Reg. 390/18, s. 5 (2); O. Reg. 13/20, s. 4 (1).

(3), (4) Revoked: O. Reg. 77/19, s. 3 (1).

(5) The person shall, subject to subsection (6), use the standard quantification methods set out or specified in the Guideline to quantify the amount in respect of each specified GHG activity. O. Reg. 390/18, s. 5 (5); O. Reg. 77/19, s. 3 (2); O. Reg. 13/20, s. 4 (2).

(6) The person may use methods other than the standard quantification methods in quantifying a maximum of the lesser of 20,000 tonnes and 3 per cent of the final quantification required under subsection (2).

(7) Revoked: O. Reg. 13/20, s. 4 (3).

(8) All amounts of greenhouse gas quantified or calculated shall be expressed as tonnes of CO2e.

(9) Revoked: O. Reg. 13/20, s. 4 (3).

(10) For the purposes of this section, if there is a change during a year in the owner or operator of a facility, the owner or operator at the end of the year is deemed to have been the owner or operator for the entire year.

(11) For greater certainty, quantifications and calculations carried out in accordance with Ontario Regulation 143/16 before the day Ontario Regulation 389/18 made under the Climate Change Mitigation and Low-carbon Economy Act, 2016 came into force are deemed to have been carried out in accordance with this section.

Duty to report

6. (1) This section applies to a person who is required under section 5 to quantify the amount of greenhouse gas emitted during all specified GHG activities at a facility during a year. O. Reg. 390/18, s. 6 (1); O. Reg. 13/20, s. 5 (1).

(2) The person is required to give a report to the Director with respect to the specified GHG activities engaged in at the facility for the year if the reporting amount in respect of the facility for the year, determined in accordance with the following formula, is 10,000 tonnes of CO2e or more:

R = (A – B)

where,

R = the reporting amount,

A = the amount of greenhouse gas emitted during all specified GHG activities engaged in at the facility, quantified in accordance with section 5, and

B = the portion of A that is carbon dioxide emitted from the combustion of biomass.

O. Reg. 13/20, s. 5 (2).

(2.1) The person is required to give a report to the Director with respect to the specified GHG activities engaged in at the facility for the year if the facility is a covered facility, even if subsection (2) does not apply to the person. O. Reg. 13/20, s. 5 (2).

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

(4), (5) Revoked: O. Reg. 13/20, s. 5 (3).

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

Continuing duty to report

7. (1) A person who is required to give the Director a report with respect to specified GHG activities engaged in at a facility for a year shall, if the person continues to be the owner or operator of the facility in a subsequent year, give the Director a report with respect to the specified GHG activities engaged in at the facility for each subsequent year in which the person is the owner or operator of the facility. O. Reg. 13/20, s. 6 (1).

(2) A person who was required under subsections 6 (2) to (4) of Ontario Regulation 143/16 to give the Director a report with respect to the activities engaged in at a facility for 2017 and for each subsequent year shall, if the person continues to be the owner or operator of the facility in a subsequent year, give the Director those reports in accordance with those provisions as if they had not been revoked, subject to subsection (3). O. Reg. 13/20, s. 6 (1).

(2.1) If a person is deemed under subsection 5 (10) to be the owner or operator of a facility for an entire year, subsections (1) and (2) apply to that person as if that person were the person who was required to give the Director a report for the year. O. Reg. 13/20, s. 6 (1).

(2.2) If, before the day Ontario Regulation 13/20 made under the Act comes into force, a person was required to give the Director separate reports with respect to more than one site and those sites constitute a single facility on and after that day, the person shall, for the purposes of this section, give the Director a single report in respect of the sites that constitute a single facility. O. Reg. 13/20, s. 6 (1).

(3) For the purpose of applying subsections 6 (2) to (4) of Ontario Regulation 143/16, those provisions are not subject to section 7, 8, 8.1 or 9 of that Regulation.

(4) Subject to subsections (5) and (5.1), the requirement in subsections (1) and (2) to give reports with respect to specified GHG activities engaged in at a facility for subsequent years ceases to apply in a year in respect of a facility if,

(a) an owner or operator of the facility has complied with this Regulation or Ontario Regulation 143/16 for the three consecutive years preceding the year; and

(b) the reporting amount in respect of the facility has been less than 10,000 tonnes of CO2e for each of those years. O. Reg. 13/20, s. 6 (2).

(5) Subsection (4) ceases to apply in respect of a facility if, for any year following its application, the reporting amount in respect of the facility is 10,000 tonnes of CO2e or more. O. Reg. 13/20, s. 6 (2).

(5.1) Subsection (4) does not apply in respect of a covered facility. O. Reg. 13/20, s. 6 (2).

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

(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) if a report in respect of the facility in the year prior to the year in which the permanent cessation occurred was required to be verified under this Regulation, has the report mentioned in clause (b) verified by an accredited verification body in accordance with this Regulation and submits to the Director a verification statement prepared in accordance with section 18 and a verification report prepared in accordance with section 21. O. Reg. 13/20, s. 6 (3).

(7) Revoked: O. Reg. 13/20, s. 6 (3).

(8) A report for a subsequent year under this section shall be given on or before June 1 in the year following the year for which the report is prepared.

(9) The report shall contain all applicable information set out in Schedule 5 with respect to the subsequent year.

Electricity importation, duty to quantify

8. (1) A person who engages in electricity importation during 2019 or any subsequent year and who is a market participant within the meaning of subsection 2 (1) of the Electricity Act, 1998 shall quantify the total electricity, expressed in megawatt hours, imported by the person during the year. O. Reg. 242/19, s. 4.

(2) The person shall use the standard quantification method or methods set out in the Guideline to quantify the amount of electricity imported. O. Reg. 242/19, s. 4.

(3) Revoked: O. Reg. 13/20, s. 7.

(4) If the amount of electricity imported is a number that is not a whole number when expressed in megawatt hours, the number shall be rounded up to the nearest megawatt hour. O. Reg. 242/19, s. 4.

Electricity importation, duty to report

9. (1) If the total electricity imported for a year is greater than zero megawatt hours, as quantified by a person under section 8, the person shall give the Director a report with respect to the electricity importation during the year, containing all applicable information set out in Schedule 5. O. Reg. 242/19, s. 4.

(2) 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. O. Reg. 242/19, s. 4.

Electricity importation, continuing duty to report

10. (1) A person who is required to give the Director a report with respect to electricity importation for a year under section 9 shall give the Director a report with respect to the activity for each subsequent year. O. Reg. 242/19, s. 4.

(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 total electricity imported by the person has been zero megawatt hours for each of those years. O. Reg. 242/19, s. 4.

(3) Subsection (2) ceases to apply to a person if, for any year following its application, the total electricity imported by the person has been more than zero megawatt hours. O. Reg. 242/19, s. 4.

(4) The requirement in subsection (1) to give reports for subsequent years ceases to apply to a person if the person,

(a) permanently ceases to engage in the activity and provides notice to the Director that the activity has ceased permanently; and

(b) gives the Director a report in respect of the final year in which the activity was engaged in. O. Reg. 242/19, s. 4; O. Reg. 13/20, s. 8.

(5) The report shall contain all applicable information set out in Schedule 5. O. Reg. 242/19, s. 4.

(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. O. Reg. 242/19, s. 4.

11. Revoked: O. Reg. 13/20, s. 9.

Verification

Duty to verify, covered facilities

12. (1) The owner or operator of a covered facility shall determine the verification amount in respect of the facility for each year in which the facility is a covered facility, in accordance with the following formula:

V = (A – B − C + D)

where,

V = the verification amount, expressed as tonnes of CO2e,

A = the amount of greenhouse gas emitted during all specified GHG activities engaged in at the facility, quantified in accordance with section 5 and expressed as tonnes of CO2e,

B = the portion of A, expressed as tonnes of CO2e, that is carbon dioxide emitted from the combustion of biomass,

C = the portion of A, expressed as tonnes of CO2e, that is emitted from,

(a) coal storage,

(b) the operation of equipment related to the transmission, storage and transportation of natural gas,

(c) the operation of equipment for an electricity transmission or distribution system,

(d) HCFC-22 production and HFC-23 destruction, and

(e) other emissions, as described in subsection (1.1),

D = the amount of greenhouse gas, expressed as tonnes of CO2e, that is from,

(a) CO2 recovered and consumed in urea production,

(b) CO2 recovered or captured from hydrogen production,

(c) flares in the operation of equipment related to the transmission, storage and transportation of natural gas,

(d) basic oxygen furnace gas transferred off-site,

(e) coke oven gas transferred off-site, and

(f) blast furnace gas transferred off-site.

O. Reg. 13/20, s. 10.

(1.1) For the purposes of clause (e) of “C” in the formula in subsection (1), the other emissions are emissions,

(a) that result from engaging in an activity that is part of engaging in the specified GHG activities at a facility but for which no corresponding standard quantification method is set out in the Guideline; and

(b) that are quantified, as provided for in the Guideline, by using a method that is consistent with one or more methods specified in the Guideline. O. Reg. 13/20, s. 10.

(2) The owner or operator shall,

(a) have the report verified by an accredited verification body in accordance with this Regulation; and

(b) 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 year in which the report to be verified is required to be submitted to the Director. O. Reg. 242/19, s. 4.

(3) This section ceases to apply in respect of the owner or operator of a facility if the facility ceases to be a covered facility. O. Reg. 242/19, s. 4.

13. Revoked: O. Reg. 77/19, s. 8.

General Rules

Reporting, general

14. (1) This section applies in respect of reports given to the Director under this Regulation.

(2) A report with respect to specified GHG activities engaged in at a facility must be with respect to all specified GHG activities engaged in at the facility.

(3) If a person is required to give the Director a report with respect to specified GHG activities engaged in at more than one facility, a separate report must be given with respect to each facility.

(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. O. Reg. 77/19, s. 9.

(5) If the reporting amount or the verification amount is a number that is not a whole number when expressed in tonnes, the number shall be rounded up to the nearest tonne. O. Reg. 13/20, s. 11.

(6) A person who is required to give the Director a report shall comply with all applicable sampling, analysis, measurement and recordkeeping requirements set out in the Guideline.

(7) If the Guideline specifies that certain emissions are to be reported as emitted from a particular specified GHG activity, the emissions shall be reported as specified in the Guideline.

Revised reports

15. (1) The owner or operator of a facility in respect of which a report has been given to the Director under this Regulation, Ontario Regulation 143/16 or Ontario Regulation 452/09 shall revise the report and give the revised report to the Director if the person has become aware of an error, omission or misstatement in the report within seven years after the date the report was given to the Director and the person has made one of the following determinations:

1. The per cent discrepancy in the verification amount is 5 per cent or more, as determined in accordance with subsection (3).

2. It is probable that the per cent discrepancy in the verification amount is 5 per cent or more, based on the individual or aggregate effect of one or more errors, omissions or misstatements identified.

3. If the report is in respect of a covered facility and is given to the Director on or after the day notice is published in the Canada Gazette of an order of the Governor General in Council under section 189 of the Greenhouse Gas Pollution Pricing Act (Canada) deleting Ontario from the list of provinces and areas set out in Part 2 of Schedule 1 to that Act,

i. the per cent discrepancy in any production parameter reported in respect of an activity is 0.1 per cent or more, as determined in accordance with subsection (4), or

ii. the per cent discrepancy in the total annual emissions limit reported in respect of the facility is 0.1 per cent or more, as determined in accordance with subsection (4.1).

4. Revoked: O. Reg. 13/20, s. 12 (2).

O. Reg. 390/18, s. 15 (1); O. Reg. 242/19, s. 5 (1-4); O. Reg. 13/20, s. 12 (1, 2).

(2) The owner or operator of the facility shall ensure that the revised report is prepared in accordance with the requirements set out in this Regulation with respect to the initial report given to the Director. O. Reg. 13/20, s. 12 (3).

(3) The per cent discrepancy in a verification amount shall be determined by applying the following formula:

PD = (SOU / TRE × 100)

where,

PD = per cent discrepancy,

SOU = the net result of summing overstatements and understatements resulting from errors, omissions and misstatements, expressed in tonnes of CO2e, and

TRE = the amount.

O. Reg. 390/18, s. 15 (3); O. Reg. 242/19, s. 5 (6).

(4) The per cent discrepancy for each production parameter reported in respect of an activity shall be determined by applying the following formula:

PD = (QPDv − QPDi) / QPDi × 100

where,

PD = per cent discrepancy for the production parameter,

QPDv = actual quantity of the production parameter, and

QPDi =  quantity of the production parameter as set out in the report.

(4.1) For the purposes of paragraph 3 of subsection (1), the per cent discrepancy in the total annual emissions limit reported in respect of the facility that is the subject of the report shall be determined by applying the following formula:

PD = (QAELv − QAELi) / QAELi × 100

where,

PD = per cent discrepancy for the total annual emissions limit for the facility,

QAELv = actual total annual emissions limit for the facility, and

  QAELi = total annual emissions limit for the facility as set out in the report.

O. Reg. 242/19, s. 5 (7); O. Reg. 13/20, s. 12 (4).

(5) Revoked: O. Reg. 13/20, s. 12 (5).

(6) Subject to subsection (7), the revised report must be given to the Director as soon as possible.

(7) If the revised report is required to be verified under subsection (8), the person shall give the revised report to the Director within 90 days after the day the person became aware of the error, omission or misstatement.

(8) A person who gives the Director a revised report shall have the revised report verified by an accredited verification body in accordance with this Regulation and submit to the Director a new verification statement prepared in accordance with section 18 and a new verification report prepared in accordance with section 21 if either of the following circumstances applies:

1. The revised report would have been required to be verified if it had been the original report given to the Director.

2. The revised report would not have been required to be verified if it had been the original report given to the Director, but the original report was required to be verified.

(9) A verification statement and verification report required under subsection (8) shall be submitted to the Director within 120 days after the day the person became aware of the error, omission or misstatement that led the person to prepare the revised report.

(10) Revoked: O. Reg. 77/19, s. 10 (2).

Accredited verification bodies, general duties

16. (1) In verifying reports under this Regulation, an accredited verification body shall comply with ISO 14065 and ISO 14064-3. O. Reg. 13/20, s. 13 (1).

(2) In verifying reports under this Regulation, an accredited verification body shall ensure that,

(a) any person selected to form part of a verification team meets the requirements for a verifier set out in ISO 14064-3;

(b) no person selected to form part of a verification team subcontracts the conduct of verifications to another person;

(c) each verification is reviewed by a peer reviewer in accordance with ISO 14065, as it relates to verification; and

(d) before a verification statement including a positive, qualified positive or adverse verification conclusion is prepared, the determination that forms the basis of the conclusion is reviewed by the peer reviewer. O. Reg. 13/20, s. 13 (1).

(3) If the report is with respect to a specified GHG activity engaged in at a facility, the accredited verification body shall visit the facility if,

(a) the report is the first report with respect to the facility;

(b) no accredited verification body has visited the facility for the purposes of conducting a verification of the two most recent reports with respect to the facility;

(c) the most recent verification of a report with respect to the facility resulted in an adverse verification statement or an adverse verification conclusion being submitted to the Director;

(d) the verification is the first by the accredited verification body in respect of a report prepared with respect to the facility; or

(e) the accredited verification body is of the opinion that a visit to the facility is necessary for the purposes of determining whether the report contains a material discrepancy. O. Reg. 390/18, s. 16 (3); O. Reg. 242/19, s. 6 (2); O. Reg. 13/20, s. 13 (2, 3).

(4) Revoked: O. Reg. 242/19, s. 6 (3).

(5) For the purposes of determining under clause (3) (b) whether a visit has occurred in respect of the two most recent reports, a visit in respect of a report under section 10 or 13 as those provisions read immediately before the day section 8 of Ontario Regulation 77/19 made under the Act came into force shall not be included in the determination. O. Reg. 390/18, s. 16 (5); O. Reg. 77/19, s. 11 (2); O. Reg. 242/19, s. 6 (4, 5).

(6) For the purposes of subsection (3), references to a report include a report under this Regulation, Ontario Regulation 143/16 or Ontario Regulation 452/09. O. Reg. 390/18, s. 16 (6); O. Reg. 242/19, s. 6 (6).

(7) For the purposes of verifying a report, an accredited verification body is not required to verify amounts identified as B and C in section 12 that are set out in the report. O. Reg. 390/18, s. 16 (7); O. Reg. 242/19, s. 6 (7); O. Reg. 13/20, s. 13 (4).

Accredited verification bodies, duties re impartiality

17. (1) Revoked: O. Reg. 13/20, s. 14.

(2) An accredited verification body shall not conduct a verification of a report if any of the following circumstances apply:

1. The accredited verification body has a potential conflict of interest that is a threat to the body’s impartiality or there is another threat to the body’s impartiality and the threat cannot be effectively managed with a mitigation plan that the Director has consented to in writing.

2. The accredited verification body has provided greenhouse gas consultancy services to the owner or operator of the facility 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.

3. The accredited verification body has verified six consecutive reports prepared with respect to the facility, unless at least three years have passed since the last verification. O. Reg. 390/18, s. 17 (2); O. Reg. 77/19, s. 12 (1); O. Reg. 242/19, s. 7 (1).

(3) For the purposes of paragraph 2 of subsection (2), an accredited verification body provides greenhouse gas consultancy services if it provides any of the following services:

1. Greenhouse gas quantification.

2. Greenhouse gas data monitoring or recording.

3. Greenhouse gas information system or internal auditing services.

4. Training that supports greenhouse gas emissions reporting under this Regulation or any other greenhouse gas reporting program. O. Reg. 390/18, s. 17 (3); O. Reg. 242/19, s. 7 (2).

(4) If an accredited verification body ceases to verify reports under this Regulation with respect to a facility after having verified such reports for two or more consecutive years, the accredited verification body shall not verify a report under this Regulation with respect to the facility until at least three years have passed. O. Reg. 242/19, s. 7 (3).

(5) For the purposes of determining under paragraph 3 of subsection (2) and under subsection (4) a number of reports that have been verified or a number of years in which reports have been verified, the verification of a report under section 10 or 13 as those provisions read immediately before the day section 8 of Ontario Regulation 77/19 made under the Act came into force shall not be included in the determination. O. Reg. 390/18, s. 17 (5); O. Reg. 77/19, s. 12 (2); O. Reg. 242/19, s. 7 (4, 5).

(6) For the purposes of subsection (4), references to a report include a report prepared under Ontario Regulation 143/16 or Ontario Regulation 452/09.

(7) Before completing a verification of a report under this Regulation, an accredited verification body shall assess the potential for any compromised impartiality in conducting the verification and provide to the Director a written assessment report that,

(a) identifies any potential compromised impartiality; and

(b) if any potential compromised impartiality is identified under clause (a), proposes a mitigation plan in respect of it.

(8) After verification of a report has begun, the accredited verification body shall, if any potential compromise of its impartiality arises, immediately undertake the assessment mentioned in subsection (7) and submit a written assessment report in accordance with that subsection to the Director.

Verification statements

18. (1) When verifying a report under this Regulation, an accredited verification body shall determine, in accordance with sections 19, 20 and 20.1, whether there is a reasonable level of assurance that the report contains no material discrepancy and whether the report was prepared in accordance with this Regulation and, in the case of a report given to the Director on or after the day mentioned in paragraph 3 of subsection 15 (1), whether the total annual emissions limit for the facility was determined in accordance with Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Act. O. Reg. 390/18, s. 18 (1); O. Reg. 242/19, s. 8; O. Reg. 13/20, s. 15 (1).

(2) The accredited verification body shall submit a verification statement in respect of a report to the person who gave the report to the Director and shall ensure that the verification statement meets the requirements set out in ISO 14064-3. O. Reg. 390/18, s. 18 (2); O. Reg. 13/20, s. 15 (2).

(3) Revoked: O. Reg. 77/19, s. 13.

Verification amount conclusion

19. (1) The accredited verification body shall include in the verification statement and report a verification amount conclusion described in Column 1 of the following Table if the determination set out opposite the conclusion in Column 2 of the Table has been made:

TABLE
Types of Verification Amount Conclusions

Item

Column 1
Type of verification amount conclusion

Column 2
Determination of accredited verification body

1.

Positive.

Both of the following circumstances apply:
1.  There is a reasonable level of assurance that the report contains no material discrepancy in emissions.
2.  The report was prepared in accordance with this Regulation.

2.

Qualified positive.

Both of the following circumstances apply:
1.  There is a reasonable level of assurance that the report contains no material discrepancy in emissions.
2.  The report was prepared substantially in accordance with this Regulation.

3.

Adverse.

One or both of the following circumstances apply:
1.  There is a reasonable level of assurance that the report contains a material discrepancy in emissions.

2.  The report was not prepared substantially in accordance with this Regulation.

O. Reg. 390/18, s. 19 (1); O. Reg. 77/19, s. 14 (1-3); O. Reg. 242/19, s. 9 (1-4).

(2) A material discrepancy in emissions exists if the per cent discrepancy in the verification amount, as determined under subsection (3), is 5 per cent or more. O. Reg. 242/19, s. 9 (5).

(3) The per cent discrepancy in a verification amount shall be determined by applying the following formula:

PD = (SOU / TRE × 100)

where,

PD = per cent discrepancy,

SOU = the net result of summing overstatements and understatements resulting from errors, omissions and misstatements, expressed in tonnes of CO2e, and

TRE = the amount.

O. Reg. 390/18, s. 19 (3); O. Reg. 242/19, s. 9 (6).

(4) A material discrepancy in emissions exists if the individual or aggregate effect of one or more errors, omissions or misstatements identified in the course of verification makes it probable that there is a discrepancy of 5 per cent or more in the verification amount. O. Reg. 390/18, s. 19 (4); O. Reg. 242/19, s. 9 (7).

Production parameter verification conclusions

20. (1) The accredited verification body shall include in the verification statement and report a production parameter verification conclusion as described in Column 1 of the following Table for each production parameter listed in the Guideline for the activities addressed by the report, if the determination set out opposite the type in Column 2 of the Table has been made in respect of the production parameter:

TABLE
TYPES OF Production parameter verification conclusions

Item

Column 1
Type of production parameter verification conclusion

Column 2
Determination of accredited verification body

1.

Positive.

Both of the following circumstances apply:
1.  There is a reasonable level of assurance that the report contains no material discrepancy in the production parameter.
2.  The production parameter in the report was prepared in accordance with this Regulation.

2.

Qualified positive.

Both of the following circumstances apply:
1.  There is a reasonable level of assurance that the report contains no material discrepancy in the production parameter.
2.  The production parameter in the report was prepared substantially in accordance with this Regulation.

3.

Adverse.

One or both of the following circumstances apply:
1.  There is a reasonable level of assurance that the report contains a material discrepancy in the production parameter.
2.  The production parameter in the report was not prepared substantially in accordance with this Regulation.

O. Reg. 390/18, s. 20 (1); O. Reg. 77/19, s. 15 (1-4); O. Reg. 242/19, s. 10.

(2) A material discrepancy in a production parameter exists if the per cent discrepancy for the production parameter reported in respect of an activity is 0.1 per cent or more, based on the following formula:

PD = (QPDv − QPDi) / QPDi × 100

where,

PD = per cent discrepancy for the production parameter,

QPDv = quantity of the production parameter determined and verified by the accredited verification body, and

QPDi =  quantity of the production parameter as set out in the report.

(3) This section applies only if the report is in respect of a covered facility and is given to the Director on or after the day mentioned in paragraph 3 of subsection 15 (1). O. Reg. 13/20, s. 16.

Total annual emissions limit verification conclusion

20.1 (1) This section applies in respect of the verification of a report given to the Director on or after the day mentioned in paragraph 3 of subsection 15 (1). O. Reg. 242/19, s. 11; O. Reg. 13/20, s. 17.

(2) The accredited verification body shall include in the verification statement and report a total annual emissions limit verification conclusion for the facility that is the subject of the report as described in Column 1 of the following Table, if the determination set out opposite the type in Column 2 of the Table has been made in respect of the total annual emissions limit for the facility:

TABLE
TYPES OF total annual emissions limit verification conclusions

Item

Column 1
Type of total annual emissions limit verification conclusion

Column 2
Determination of accredited verification body

1.

Positive.

Both of the following circumstances apply:
1.  There is a reasonable level of assurance that the report contains no material discrepancy in the total annual emissions limit for the facility.
2.  The total annual emissions limit for the facility in the report was determined in accordance with Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Act.

2.

Qualified positive.

Both of the following circumstances apply:
1.  There is a reasonable level of assurance that the report contains no material discrepancy in the total annual emissions limit for the facility.
2.  The total annual emissions limit for the facility in the report was determined substantially in accordance with Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Act.

3.

Adverse.

One or both of the following circumstances apply:
1.  There is a reasonable level of assurance that the report contains a material discrepancy in the total annual emissions limit for the facility.
2.  The total annual emissions limit for the facility in the report was not determined substantially in accordance with Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Act.

O. Reg. 242/19, s. 11.

(3) A material discrepancy in the total annual emissions limit for the facility exists if the per cent discrepancy for the total annual emissions limit for the facility is 0.1 per cent or more, based on the following formula:

PD = (QAELv − QAELi) / QAELi × 100

where,

PD = per cent discrepancy for the total annual emissions limit for the facility,

QAELv = actual total annual emissions limit for the facility, and

  QAELi = total annual emissions limit for the facility as set out in the report.

O. Reg. 242/19, s. 11.

Verification reports

21. (1) If an accredited verification body verifies a report, it shall prepare a verification report that sets out, at a minimum, the following:

1. The verification statement.

2. The verified verification amount and proposed verification amount conclusion.

2.1 The verified production parameter and proposed production parameter verification conclusion, if the report is given to the Director on or after the day mentioned in paragraph 3 of subsection 15 (1).

3. The verified total annual emissions limit and the proposed total annual emissions limit verification conclusion, if the report is given to the Director on or after the day mentioned in paragraph 3 of subsection 15 (1).

4. A description of the objectives and scope of the verification and the criteria applied in conducting the verification.

5. A description of the data and information supporting the verification report.

6. Details of the independent quantifications and checking of the data and information supporting the verification report.

7. A record of any error, omission, misstatement or non-compliance identified during the verification.

8. A record of any corrections made to the report as a result of the identification of anything mentioned in paragraph 7.

9. An assessment of the data management systems.

10. A summary of conclusions.

11. The peer reviewer’s approval of the verification report and the proposed verification statement.

12. Revoked: O. Reg. 242/19, s. 12.

13. Revoked: O. Reg. 77/19, s. 16 (2).

O. Reg. 390/18, s. 21 (1); O. Reg. 77/19, s. 16; O. Reg. 242/19, s. 12; O. Reg. 13/20, s. 18.

(2) An accredited verification body shall provide a copy of a verification report prepared under subsection (1) to the person whose report was verified on or before the date that the verification statement is submitted to the person.

Compromise to impartiality

22. (1) If the Director determines, after receiving a written assessment report under section 17, that there is a compromise to an accredited verification body’s impartiality, the Director shall do one of the following by providing written notice to the accredited verification body:

1. Consent to the proposed mitigation plan, if any.

2. Require the accredited verification body to cease conducting the verification and refuse to consent to any proposed mitigation plan.

(2) The accredited verification body shall comply with the requirement of a notice under paragraph 2 of subsection (1).

Requests for information

23. (1) The Director may ask a person to provide the following information:

1. Information, including calculations and quantifications carried out in accordance with the Guideline, demonstrating that the person was not required to give reports to the Director and prepared based on information that is in the custody or control of the person and to which the person has or may reasonably obtain access.

2. Copies of any submissions that the person was required to make under section 46 of the Canadian Environmental Protection Act, 1999 (Canada).

3. Copies of any submissions made under the Greenhouse Gas Emissions Information Production Order (SOR/2018-214), made under the Greenhouse Gas Pollution Pricing Act (Canada), pursuant to subsections 197 (2) and (3) of that Act.

4. Any historical information used by the person to fill in missing data, or required by the Director to assess the filling in of missing data for emissions and production parameters.

5. Any records used by the person to determine production parameters, the total annual emission limit and compliance obligations under Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Act.

6. Any information other than information set out in paragraphs 4 and 5 that, in the opinion of the Director, is necessary for the purposes of the Director assessing the accuracy of the person’s report under this Regulation, including information in respect of production, energy use, material use or process parameters.

7. Copies of any records the person is required to retain under this Regulation. O. Reg. 390/18, s. 23 (1); O. Reg. 242/19, s. 13.

(2) A person who receives a request under this section shall provide the information to the Director by the date specified in the request.

Request for revised report, etc.

23.1 (1) If any of the circumstances described in subsection (2) apply, the Director may in writing request that the owner or operator of a facility in respect of which a report has been given with respect to specified GHG activities engaged in at the facility to,

(a) revise the report and give the revised report to the Director; and

(b) ensure that a revised verification statement is prepared in respect of the revised report and given to the Director. O. Reg. 13/20, s. 19.

(2) For the purposes of subsection (1), the circumstances must be any of the following:

1. The Director is of the opinion that the accredited verification body that verified the GHG report has a potential compromise to its impartiality.

2. Based on production parameters and other data submitted by the owner or operator and verified by the accredited verification body, the Director has obtained a different result in calculating the total annual emissions limit.

3. Based on emissions data, production parameters and other data submitted by the owner or operator and verified by the accredited verification body, the Director has obtained a different result in calculating the verification amount.

4. The owner or operator has received an adverse verification conclusion for one or more production parameters in the last five years.

5. The owner or operator has received an adverse verification conclusion for a verification amount in the last five years.

6. The Director has reason to believe that the owner or operator has not complied with one or more requirements in this Regulation or the calculation methods set out in the Guideline. O. Reg. 13/20, s. 19.

(3) An owner or operator to whom the Director makes a request under this section shall submit a revised GHG report, revised verification report and revised verification statement in respect of the report, all prepared in accordance with this Regulation, within 90 days after receiving the Director’s request. O. Reg. 13/20, s. 19.

Retention of records

24. (1) A person who is required to give a report to the Director under this Regulation shall keep the records set out in Schedule 3 of this Regulation in a paper or electronic format for at least seven years after the year to which the information relates. O. Reg. 390/18, s. 24 (1); O. Reg. 13/20, s. 20.

(2) An accredited verification body shall keep each of the following records in a paper or electronic format for a period of at least seven years after they have been created or submitted:

1. Documents and records generated during a verification.

2. Verification statements.

3. Verification reports.

4. All documents upon which the conclusions in a verification statement or a verification report were based.

Change in information

25. (1) If, during a year with respect to which a report is required to be given to the Director with respect to specified GHG activities engaged in at a facility, there is a change in the owner or operator of the relevant facility, the new owner or operator shall notify the Director in writing of the change within 30 days after the change. O. Reg. 390/18, s. 25; O. Reg. 77/19, s. 17.

(2) Subsection (1) does not apply if the new owner or operator has provided notice of the change to the Director under Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Act. O. Reg. 242/19, s. 14.

Giving or submitting records, form and manner

26. (1) In this Regulation, if a record is required to be given or submitted, other than a record required to be given or submitted by the Director, the record shall be submitted in a form provided by or approved by the Director and in a manner approved by the Director.

(2) The Director may require that a record that is given to the Director under this Regulation be given in an electronic format specified by the Director.

27. Omitted (revokes other Regulations).

28. Omitted (provides for coming into force of provisions of this Regulation).

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

O. Reg. 77/19, s. 18.

SCHEDULE 2
specified GHG activities (Subsection 1 (1))

Item

Column 1
Activity

Column 2
Description of activity

1.

Adipic acid production.

The production of adipic acid using oxidation.

2.

Ammonia production.

The production of ammonia through the reaction of nitrogen with hydrogen that has been produced by one of the following:
1.  Steam hydrocarbon reforming.
2.  Gasification of solid or liquid raw material.

2.1

Base metal production.

The production of copper, nickel, zinc, lead or cobalt base metals through one of the following:
1.  Using smelting or refining processes to recover the base metals primarily from ore.
2.  Recovery of the base metals from recycled material or other feedstock that is not ore.

3.

Carbonate use.

The use of one or more carbonates in a production process, excluding the following:
1.  The use of carbonates or minerals that contain carbonate for producing cement, copper, nickel, ferroalloys, glass, iron, steel, lead, lime, phosphoric acid, pulp and paper, soda ash, sodium bicarbonate, sodium hydroxide or zinc.
2.  The use of carbonates in sorbent technology used to control emissions from fuel combustion and flaring equipment and electricity generation equipment.

4.

Cement production.

The manufacture of Portland, ordinary Portland, masonry, pozzolanic or other hydraulic cements.

5.

Coal storage.

The storage of coal at a facility that combusts coal.

6.

Electricity and heat generation.

The operation of any combustion device that combusts solid, liquid or gaseous fuels for the purpose of generating electricity or useful heat or steam, excluding the operation of portable or emergency generators with a nameplate capacity of less than 50 kilowatts or that generate less than 2 MWh in a year.

7.

Fuel combustion and flaring.

The following activities:
1.  The combustion of fuels for the purpose of providing useful heat and work from boilers, combustion turbines, engines, incinerators, process heaters, on-site transportation equipment and other combustion devices.
2.  The controlled releases of gases from industrial processes by means of the combustion of a gas or liquid stream produced at the facility, the purpose of which is not to produce useful heat or work.

8., 9.

Revoked: O. Reg. 13/20, s. 21 (4).

10.

Glass production.

The production of flat glass, container glass, pressed and blown glass or wool fiberglass using one or more glass melting furnaces to melt a mixture of raw materials, excluding production in an experimental furnace or a research and development process unit.

11.

HCFC-22 production and HFC-23 destruction.

The production of HCFC-22 from chloroform and hydrogen fluoride and any process in which HFC-23 is destroyed.

12.

Hydrogen production.

The production of hydrogen gas using steam hydrocarbon reforming, partial oxidation of hydrocarbons or other transformation of hydrocarbon feedstock.

13.

Iron, Steel and Ferroalloy Production.

The following activities:
1. The production of iron or steel using one of the following:
i. Primary iron and steel production processes.
ii. Secondary steelmaking processes.
iii. Iron production processes.
iv. Coke oven battery production processes.
v. Iron ore pellet firing processes.
vi. Iron and steel powder processes.
2. The production of ferroalloy using pyrometallurgical techniques.

14., 15.

Revoked: O. Reg. 13/20, s. 21 (5).

16.

Lime production.

The production of a lime product using calcination of limestone or other highly calcareous materials, including dolomite, aragonite, chalk, coral, marble or shell, but excluding production at a kraft pulp mill, soda pulp mill, sulfite pulp mill or a facility that only processes sludge containing calcium carbonate from water softening processes.

17.

Magnesium production.

The production of magnesium metal or products containing magnesium through one of the following:
1.  Smelting.
2.  Refining.
3.  Re-melting.
4.  Use of molten magnesium to produce alloys or products containing magnesium through casting, drawing, extruding, forming or rolling operations.

17.1

Revoked: O. Reg. 13/20, s. 21 (6).

18.

Nitric acid production.

The production of weak nitric acid that is 30 to 70 per cent in strength using the catalytic oxidation of ammonia.

19.

Operation of equipment for a transmission system or a distribution system (electricity).

The operation of equipment for the purposes of a transmission system or a distribution system.

20.

Operation of a natural gas pipeline system.

The operation of equipment for the purposes of engaging in any of the following activities:
1.  Onshore natural gas transmission and compression.
2.  Underground natural gas storage.
3.  Storage, import and export of liquefied natural gas.
4.  Natural gas distribution.

21.

Petrochemical production.

The production of petrochemicals, including acrylonitrile, carbon black, propylene, ethylene, ethylene dichloride, ethylene oxide and methanol, from feedstocks derived from petroleum or from petroleum and liquefied natural gas, excluding the following:
1.  The production of petrochemicals where petrochemicals are produced as a by-product.
2.  The production of ethylene dichloride through a direct chlorination process that is operated independently of an oxychlorination process.
3.  The production of a petrochemical from biomass feedstock.

22.

Petroleum refining.

The production of any product through the distillation of crude oil or the redistillation, cracking, rearrangement or reforming of unfinished petroleum derivatives.

23.

Phosphoric acid production.

The production of phosphoric acid from phosphate rock and acid.

24.

Aluminium production.

The production of aluminium through primary processes that are used to manufacture aluminium from alumina, including electrolysis in prebake and Søderberg cells, anode and cathode baking for prebake cells and green coke calcination.

25.

Pulp and paper production.

The production of pulp, paper and paper products by separating cellulose fibres from other materials in fibre sources, including but not limited to the conversion of paper into paperboard products and the operation of coating and laminating processes.

26.

Revoked: O. Reg. 13/20, s. 21 (8).

27.

Soda ash production.

The production of soda ash using a production line to carry out calcining of trona or sodium sesquicarbonate or to directly produce carbon dioxide through the use of a liquid alkaline feedstock process.

28.

Waste water processing.

Industrial waste water processing from the facilities engaged in any of the following industrial activities:
1.  Industrial processing of potato or oilseed for human or animal consumption.
2.  Producing ethanol by distillation for use in the production of alcoholic beverages.
3.  Processing corn through wet milling.

O. Reg. 390/18, Sched. 2; O. Reg. 242/19, s. 15; O. Reg. 13/20, s. 21.

SCHEDULE 3
Records to be retained (Subsection 24 (1))

1. A report the person has given to the Director under this Regulation, Ontario Regulation 143/16 or Ontario Regulation 452/09.

2. A verification report prepared in respect of a report mentioned in paragraph 1.

3. A list of all units, processes, activities and operations that were taken into account in quantifying or estimating greenhouse gas emissions, production parameters, material usage or process data.

4. All records and documents used to quantify or estimate greenhouse gas emissions data, production parameters, fuel usage, material usage or process data from each activity.

5. If the person engages in electricity importation, NERC E-tags, power contracts, IESO settlement data and all other information needed to confirm the transactions.

6. Documentation of the process for collecting greenhouse gas data, production parameters, material usage or process data.

7. A record showing any greenhouse gas emissions, production parameters, material usage or process data quantifications and the quantification methods used.

8. A record showing all emission factors used for quantifications, including documentation for any site specific factors developed under the applicable standard quantification method.

9. All input data used for greenhouse gas estimates.

10. Documentation of biomass fractions for specific fuels.

11. All data submitted to the Director under this Regulation, Ontario Regulation 143/16 or Ontario Regulation 452/09.

12. All quantifications made to fill in missing data.

13. Names and documentation of key personnel involved in quantifying and reporting on greenhouse gas data, production parameters, material usage or process data.

14. A log relating to each year, documenting all procedural changes made in data collection and calculations and changes to instrumentation for estimations and quantifications of greenhouse gas, production parameters, material usage or process data.

15. If a measurement-based quantification method is used,

i. a list of all emission points monitored,

ii. collected monitoring data,

iii. quality assurance and quality control information,

iv. a detailed technical description of the continuous emissions monitoring system, including documentation of any findings and approvals by the Province,

v. raw and aggregated data from the continuous emissions monitoring system,

vi. a log book showing all system down-times, calibrations, servicing and maintenance of the continuous emissions monitoring system, and

vii. documentation of any changes in the continuous emissions monitoring system over time.

16. Any other information that is required for verification of a report mentioned in paragraph 1.

17. If the facility is a covered facility, all records and documents used to quantify or calculate the total annual emissions limit and the annual activity emissions limits that were used as inputs.

18. If the facility is a covered facility, a record showing the calculation of the total annual emissions limit and of the annual activity emissions limits that were used as inputs, and the methods used.

O. Reg. 390/18, Sched. 3; O. Reg. 242/19, s. 16.

SCHEDULE 4
BIOMASS CRITERIA (Subsection 1 (1))

1. It must be organic matter that is available on a renewable basis.

2. It must be organic matter that is derived from a plant, animal or micro-organism or must be a product made of such organic matter.

3. It must meet one of the following criteria:

i. It is grown or harvested for the purpose of being used to generate electricity, heat or other useful energy.

ii. It is waste from harvesting or processing agricultural products or waste from processing forestry products, including spent pulping liquor.

iii. It is agricultural waste within the meaning of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act.

iv. It is organic waste material from a greenhouse, nursery, garden centre or flower shop.

v. It is pulp and paper biosolids, within the meaning of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002.

vi. It is waste from food processing, distribution and preparation operations, such as food packing, food preserving, wine making, cheese making, restaurants and grocery stores, including organic waste from the treatment of wastewater from facilities where food or feed is processed or prepared.

vii. It is sewage biosolids within the meaning of Ontario Regulation 267/03 made under the Nutrient Management Act, 2002.

viii. It is hauled sewage.

ix. It is waste from the operation of a sewage works subject to the Ontario Water Resources Act.

x. It is woodwaste within the meaning of Regulation 347 of the Revised Regulations of Ontario, 1990 made under the Act.

xi. It is a forest resource made available under a forest management plan approved under the Crown Forest Sustainability Act, 1994 or a managed forest plan approved under the Managed Forest Tax Incentive Program.

xii. It is landfill gas.

xiii. It is biodiesel.

xiv. It is biofuel.

xv. It is biogas.

xvi. It is biologically derived organic matter found in municipal and industrial waste, both within the meaning of Regulation 347 of the Revised Regulations of Ontario, 1990 made under the Act.

xvii. It is fuel whose heat generating capacity is derived entirely from one or more items described in subparagraphs i to xvi.

SCHEDULE 5
Contents of report

1. The name and address of the person required to give the report to the Director and the address of any facility in respect of which the report is prepared.

2. The business number assigned to the person by the Canada Revenue Agency.

3. The GHG ID number assigned by the Ministry to the person or facility, as the case may be.

4. The period of time to which the report relates.

5. The date on which the report is given to the Director.

6. Production parameters, material usage and process data required to be included in the report under the Guideline.

6.1 If the report is given to the Director on or after the day mentioned in paragraph 3 of subsection 15 (1) and the facility is a covered facility, the total annual emissions limit for the facility.

7. The total carbon dioxide emissions from the combustion of biomass during the activities with respect to which the report is prepared.

8. Such other information as may be specified in the Guideline relating to quantifications and calculations performed under this Regulation.

8.1 If the report is given to the Director on or after the day mentioned in paragraph 3 of subsection 15 (1) and the facility is a covered facility, the calculation of the total annual emissions limit and of each annual activity emissions limit that was used as an input.

9. If the report is with respect to specified GHG activities engaged in at a facility, the following information:

i. The primary NAICS code and any secondary and tertiary NAICS codes associated with each specified GHG activity.

i.1 If the facility is a covered facility, a list of the industrial activities engaged in at the facility.

ii. The reporting amount.

iii. The verification amount.

iv. The amount of greenhouse gas emitted during each specified GHG activity during the year, expressed in tonnes of CO2e.

v. The amount of each greenhouse gas, expressed in tonnes, emitted during each specified GHG activity.

vi. The total annual quantity of the following:

A. CO2 that would otherwise have been directly released into the atmosphere but was captured at the facility.

B. CO2 that is transferred from the facility to an injection site.

C. CO2 that was captured and injected into a long-term geological storage site or an enhanced fossil fuel recovery operation.

vii. The amount of greenhouse gas emitted from sources that fall into such categories as may be specified in the Guideline.

10. If the report is with respect to electricity importation, the following information:

i. The primary NAICS code and any secondary and tertiary NAICS codes associated with the activity.

ii. The total amount of electricity imported.

11. Revoked: O. Reg. 77/19, s. 19 (2).

12. A statement signed and dated by an individual who is authorized by the person mentioned in paragraph 1 to sign on behalf of the person, certifying that,

i. the individual has examined the report to ensure that it is complete and accurate, and

ii. the report has been prepared in accordance with this Regulation and the statements and information contained in the report are true and accurate to the best of the individual’s knowledge.

O. Reg. 390/18, Sched. 5; O. Reg. 77/19, s. 19; O. Reg. 242/19, s. 17; O. Reg. 13/20, s. 22.

Schedule 6 Revoked: O. Reg. 77/19, s. 20.

 

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