Q-2, r. 46.1 - Regulation respecting a cap-and-trade system for greenhouse gas emission allowances

Full text
70.15.1. In addition to the requirements of the standards ISO 14064- 3 and ISO 14065 concerning conflicts of interest, the promoter must ensure that none of the following situations exists between the promoter, its officers, the verification organization and the members of the verification team:
(1)  during the 3 years preceding the year of issue, one of the members of the verification team was employed by the promoter;
(2)  a member of the verification team or a close relative of that member has personal ties with the promoter or one of its officers;
(3)  during the 3 years preceding the year of issue, one of the members of the verification team or one of the subcontractors who took part in the verification provided the promoter with one of the following services:
(a)  the design, development, commissioning or maintenance of a data inventory or data management system for GHG emissions from the establishment or facility of the promoter or, where applicable, for data on electricity or fuel transactions;
(b)  the development of GHG emission factors or other data that were used for quantification or for the issuance request for offset credits under this Regulation;
(c)  consultation concerning GHG emissions reductions, and in particular the design of an energy efficiency or renewable energy project and the assessment of assets relating to greenhouse gas sources;
(d)  the preparation of manuals, guides or procedures connected with the promoter's GHG emissions reports under the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);
(e)  consultation in connection with a greenhouse gas emission allowances market, including
i.  brokerage, with or without registration, while acting as a promoter or subscriber on behalf of the promoter;
ii.  advice concerning the suitability of a GHG emissions transaction;
iii.  the holding, purchase, sale, negotiation or withdrawal of emission allowances referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2);
(f)  a consultation in the field of health and safety and environmental management, including the consultation leading to ISO 14001 certification;
(g)  actuarial consulting, bookkeeping or other consulting services relating to accounting documents or financial statements;
(h)  a service connected with the management systems of data related to an offset credit project covered by the GHG emissions verification process used in an offset credit project;
(i)  an internal audit of GHG emissions;
(j)  a service provided in connection with litigation or an inquiry into GHG emissions;
(k)  a consultation for a GHG emissions reduction project in accordance with this Regulation, including any notice concerning the project's regulatory compliance;
(4)  the person at the verification organization responsible for carrying out an internal review of the verification process, in accordance with the standards ISO 14065 and ISO 14064-3, has previously provided a verification or other service referred to in subparagraph 3 to the promoter during the issue year or the current year.
The existence of one of the situations described in the first paragraph is considered to be a conflict of interest that invalidates the verification report.
For the purposes of this section, a close relative of a member of the verification team is that person’s spouse, child, spouse’s child, mother or father, mother’s or father’s spouse, child’s spouse or spouse’s child’s spouse.
1125-2017O.C. 1125-2017, s. 46.