O. Reg. 9/19: COMPENSATION
filed February 1, 2019 under Cap and Trade Cancellation Act, 2018, S.O. 2018, c. 13Skip to content
ontario regulation 9/19
made under the
Cap and Trade Cancellation Act, 2018
Made: December 31, 2018
Filed: February 1, 2019
Published on e-Laws: February 4, 2019
Printed in The Ontario Gazette: February 16, 2019
1. In this Regulation,
“accredited verification body” has the same meaning as in Ontario Regulation 390/18; (“organisme de vérification accrédité”)
“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 30, 2018: (“Règlement de l’Ontario 143/16”)
“Ontario Regulation 390/18” means Ontario Regulation 390/18 (Greenhouse Gas Emissions: Quantification, Reporting and Verification) made under the Environmental Protection Act; (“Règlement de l’Ontario 390/18”)
“verification amount” has the same meaning as in Ontario Regulation 390/18; (“quantité de vérification”)
2. For the purposes of the definition of “greenhouse gas” in subsection 1 (1) of the Act, a greenhouse gas is prescribed if it is a greenhouse gas listed in Column 1 of Schedule 1 of Ontario Regulation 390/18.
Prescribed time period
3. For the purposes of paragraphs 1 and 2 of subsection 6 (2) and subsections 8 (3) and (4) of the Act, the prescribed time period is January 1, 2017 to July 3, 2018.
Attribution of emissions
4. (1) Subject to subsection (2), the amount of all greenhouse gas emissions attributed to a participant shall be determined by adding the following amounts:
1. The verification amounts set out in any verified reports with respect to emissions during 2017 that were submitted by the participant under,
i. Ontario Regulation 143/16, and
ii. Ontario Regulation 390/18.
2. The verification amounts set out in any verified reports with respect to emissions during the period beginning on January 1, 2018 and ending on July 3, 2018, as required under subparagraph 6 iii of Schedule 6 to Ontario Regulation 390/18.
(2) If an accredited verification body prepared an adverse verification statement in respect of a report mentioned in paragraph 1 or 2 of subsection (1), the accredited verification body’s estimate of the correct determination for the verification amount shall be substituted for the verification amount.
(3) For the purposes of this section, a verification statement is an adverse verification statement if the accredited verification body that prepared the statement determined, either in accordance with Ontario Regulation 390/18 or Ontario Regulation 143/16, that the verification statement is adverse.
Eligibility for compensation
5. A participant who is eligible to receive compensation under section 8 of the Act may apply to the Minister for compensation if the participant has submitted the following under Ontario Regulation 390/18 or Ontario Regulation 143/16 to the Director within the meaning of Ontario Regulation 390/18:
1. The reports mentioned in section 4.
2. A verification statement prepared by an accredited verification body in respect of each report.
Application for compensation
6. (1) An application for compensation must be received by the Minister no later than February 14, 2019.
(2) The application must be made in a form approved by the Minister.
Minister to review application
7. The Minister shall, if an application is received on or before February 14, 2019, review the application to ensure that it is complete and accurate.
8. If compensation is paid in respect of a cap and trade instrument, the amount of compensation to be paid in respect of the instrument is $18.32.
Notices re Minister’s proposal, final determination
9. (1) After applying section 8 of the Act, in respect of a participant who has applied for compensation, the Minister shall provide to the participant written notice of a proposal regarding compensation, including,
(a) if the proposal is that no compensation shall be paid to the participant, the reasons for the proposal; or
(b) if the proposal is for compensation to be paid to the participant, a statement of the amount of compensation and an explanation of how that amount was determined in accordance with the Act and this Regulation.
(2) Every notice shall include a statement that the participant may, no later than five days following the day the notice was provided to the participant, submit comments in writing to the Minister in respect of the proposal.
(3) After considering any comments received from the participant, the Minister shall provide to the participant written notice of the final determination regarding compensation.
10. This Regulation comes into force on the day it is filed.