O. Reg. 218/20: GREENHOUSE GAS EMISSIONS: QUANTIFICATION, REPORTING AND VERIFICATION
filed May 14, 2020 under Environmental Protection Act, R.S.O. 1990, c. E.19
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made under the
Environmental Protection Act
Made: May 13, 2020
Filed: May 14, 2020
Published on e-Laws: May 14, 2020
Printed in The Ontario Gazette: May 30, 2020
Amending O. Reg. 390/18
(GREENHOUSE GAS EMISSIONS: QUANTIFICATION, REPORTING AND VERIFICATION)
1. Section 6 of Ontario Regulation 390/18 is amended by adding the following subsection:
(4) The Director may extend the June 1 deadline for the giving of reports that would otherwise apply under subsection (3), or extend the deadline for any component of reports, by providing notice in writing to the public in a manner that the Director considers appropriate, after considering,
(a) any extension or proposed extension of the date or dates established under the Canadian Environmental Protection Act, 1999 (Canada), the Greenhouse Gas Pollution Pricing Act (Canada) or any regulations or notices under those Acts for submitting information or reports concerning greenhouse gases or submitting verification of that information or those reports;
(b) any technical issues with the electronic reporting system that would make electronic submission by the deadline not reasonably practicable; and
(c) any declaration of an emergency under the Emergency Management and Civil Protection Act or of a public welfare emergency under the Emergencies Act (Canada).
2. Section 7 of the Regulation is amended by adding the following subsection:
(8.1) The Director may extend the June 1 deadline for the giving of reports that would otherwise apply under subsection (8), or extend the deadline for any component of reports, by providing notice in writing to the public in a manner that the Director considers appropriate, after considering,
(a) any extension or proposed extension of the date or dates established under the Canadian Environmental Protection Act, 1999 (Canada), the Greenhouse Gas Pollution Pricing Act (Canada) or any regulations or notices under those Acts for submitting information or reports concerning greenhouse gases or submitting verification of that information or those reports;
(b) any technical issues with the electronic reporting system that would make electronic submission by the deadline not reasonably practicable; and
(c) any declaration of an emergency under the Emergency Management and Civil Protection Act or of a public welfare emergency under the Emergencies Act (Canada).
3. Section 9 of the Regulation is amended by adding the following subsection:
(3) The Director may extend the June 1 deadline for the giving of reports that would otherwise apply under subsection (2), or extend the deadline for any component of reports, by providing notice in writing to the public in a manner that the Director considers appropriate, after considering,
(a) any extension or proposed extension of the date or dates established under the Canadian Environmental Protection Act, 1999 (Canada), the Greenhouse Gas Pollution Pricing Act (Canada) or any regulations or notices under those Acts for submitting information or reports concerning greenhouse gases or submitting verification of that information or those reports;
(b) any technical issues with the electronic reporting system that would make electronic submission by the deadline not reasonably practicable; and
(c) any declaration of an emergency under the Emergency Management and Civil Protection Act or of a public welfare emergency under the Emergencies Act (Canada).
4. Section 10 of the Regulation is amended by adding the following subsection:
(7) The Director may extend the June 1 deadline for the giving of reports that would otherwise apply under subsection (6), or extend the deadline for any component of reports, by providing notice in writing to the public in a manner that the Director considers appropriate, after considering,
(a) any extension or proposed extension of the date or dates established under the Canadian Environmental Protection Act, 1999 (Canada), the Greenhouse Gas Pollution Pricing Act (Canada) or any regulations or notices under those Acts for submitting information or reports concerning greenhouse gases or submitting verification of that information or those reports;
(b) any technical issues with the electronic reporting system that would make electronic submission by the deadline not reasonably practicable; and
(c) any declaration of an emergency under the Emergency Management and Civil Protection Act or of a public welfare emergency under the Emergencies Act (Canada).
5. Section 12 of the Regulation is amended by adding the following subsection:
(2.1) The Director may extend the September 1 deadline for the giving of verification statements or reports that would otherwise apply under clause (2) (b), or extend the deadline for any component of statements or reports, by providing notice in writing to the public in a manner that the Director considers appropriate, after considering,
(a) any extension or proposed extension of the date or dates established under the Canadian Environmental Protection Act, 1999 (Canada), the Greenhouse Gas Pollution Pricing Act (Canada) or any regulations or notices under those Acts for submitting information or reports concerning greenhouse gases or submitting verification of that information or those reports;
(b) any technical issues with the electronic reporting system that would make electronic submission by the deadline not reasonably practicable; and
(c) any declaration of an emergency under the Emergency Management and Civil Protection Act or of a public welfare emergency under the Emergencies Act (Canada).
6. Paragraph 3 of subsection 15 (1) of the Regulation is amended by adding “and is with regard to emissions in the year in which that day occurs or any subsequent year” at the end of the portion before subparagraph i.
7. Section 16 of the Regulation is amended by adding the following subsection:
(4) The accredited verification body may, after giving notice in writing to the Director, cancel a visit that would otherwise be required under clauses (3) (a) to (d) with regard to emissions in 2019 and instead make a visit with respect to emissions in 2020.
8. (1) Subsection 17 (2) of the Regulation is amended by adding the following paragraph:
4. If paragraph 3 applied to a facility in 2019, “six consecutive reports” in that paragraph shall be read as “seven consecutive reports”.
(2) Section 17 of the Regulation is amended by adding the following subsection:
(4.1) In determining the two or more consecutive years for the purposes of subsection (4), ceasing to verify reports regarding emissions in 2018 for facilities that were not required to submit verification statements with regard to emissions in 2018 shall not be included.
9. Subsection 18 (1) of the Regulation is revoked and the following substituted:
Verification statements
(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) that is with regard to emissions in the year in which that day occurs or any subsequent year, 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.
10. Subsection 20 (3) of the Regulation is revoked and the following substituted:
(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) and is with regard to emissions in the year in which that day occurs or any subsequent year.
11. Subsection 20.1 (1) of the Regulation is revoked and the following substituted:
Total annual emissions limit verification conclusion
(1) 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) and is with regard to emissions in the year in which that day occurs or any subsequent year.
12. Paragraphs 2.1 and 3 of subsection 21 (1) of the Regulation are revoked and the following substituted:
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) and is with regard to emissions in the year in which that day occurs or any subsequent year.
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) and is with regard to emissions in the year in which that day occurs or any subsequent year.
13. (1) Paragraph 6.1 of Schedule 5 to the Regulation is revoked and the following substituted:
6.1 If the report is given to the Director on or after the day mentioned in paragraph 3 of subsection 15 (1) with regard to emissions in the year in which that day occurs or any subsequent year, and if the facility is a covered facility, the total annual emissions limit for the facility.
(2) Paragraph 8.1 of Schedule 5 to the Regulation is revoked and the following substituted:
8.1 If the report is given to the Director on or after the day mentioned in paragraph 3 of subsection 15 (1) with regard to emissions in the year in which that day occurs or any subsequent year, and if 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.
Commencement
14. This Regulation comes into force on the day it is filed.