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

Section 18 Disposition versions

2014-10-22

18. An emitter that is permanently closing a covered establishment must, within 45 days of the date of the last emissions report filed in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), surrender to the Minister,

(1)  in accordance with section 46.10 of the Environment Quality Act (chapter Q-2), the same number of emission units as the number allocated without charge pursuant to Division II of Chapter II of Title III and issued on the basis of the estimated GHG emissions of the covered establishment, for the period after the operation of the covered establishment ceased, the surrendered units, if they have a vintage, must be of the year on which they were allocated or from previous years; and

(2)  any emission allowance needed to cover the GHG emissions of the covered establishment for the period during which it was operated.

For that purpose, the emitter must transfer into the emitter’s compliance account the emission units referred to in subparagraph 1 of the first paragraph to allow them to be paid into the Minister’s auction account and the emission allowances referred to in subparagraph 2 of the first paragraph to allow them to be deducted by the Minister and paid into the retirement account to be extinguished.

If the emitter fails to surrender emission allowances in accordance with this section,

(1)  if they are emission units referred to in subparagraph 1 of the first paragraph, the Minister deducts them from the emitter’s accounts; and

(2)  if they are emission allowances referred to in subparagraph 2 of the first paragraph, the Minister recovers them in accordance with section 22 and applies the administrative sanction provided for in that section.

O.C. 1297-2011, s. 18; O.C. 1184-2012, s. 11; O.C. 902-2014, s. 13.

2012-12-19

18. An emitter that is permanently closing a covered establishment must, within 45 days of the date of the last emissions report filed in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), surrender to the Minister,

(1)  in accordance with section 46.10 of the Environment Quality Act (chapter Q-2), the same number of emission units as the number allocated without charge pursuant to Division II of Chapter II of Title III and issued on the basis of the estimated GHG emissions of the covered establishment, for the period after the operation of the covered establishment ceased, the surrendered units being of the same vintage as the units allocated, or a previous vintage; and

(2)  any emission allowance needed to cover the GHG emissions of the covered establishment for the period during which it was operated.

For that purpose, the emitter must transfer into the emitter’s compliance account the emission units referred to in subparagraph 1 of the first paragraph to allow them to be paid into the Minister’s auction account and the emission allowances referred to in subparagraph 2 of the first paragraph to allow them to be deducted by the Minister and paid into the retirement account to be extinguished.

If the emitter fails to surrender emission allowances in accordance with this section,

(1)  if they are emission units referred to in subparagraph 1 of the first paragraph, the Minister deducts them from the emitter’s accounts; and

(2)  if they are emission allowances referred to in subparagraph 2 of the first paragraph, the Minister recovers them in accordance with section 22 and applies the administrative sanction provided for in that section.

O.C. 1297-2011, s. 18; O.C. 1184-2012, s. 11.

2012-09-01

18. An emitter that is closing a covered establishment must, within 45 days of the date of the last emissions report filed in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), surrender to the Minister,

(1)  in accordance with section 46.10 of the Environment Quality Act (chapter Q-2), the same number of emission units as the number allocated without charge pursuant to Division II of Chapter II of Title III and issued on the basis of the estimated GHG emissions of the covered establishment, for the period after the operation of the covered establishment ceased; and

(2)  any emission allowance needed to cover the GHG emissions of the covered establishment for the period during which it was operated.

For that purpose, the emitter must send the Minister

(1)  a transaction notice complying with subparagraphs 1 to 3 and 6 of the first paragraph of section 25 providing for the surrender of the emission units referred to in subparagraph 1 of the first paragraph of this section to the Minister’s reserve account; and

(2)  a report on the coverage of emissions for the covered establishment in accordance with section 20.

If the emission allowances required by this section are not surrendered within the required time, the Minister may deduct them from the emitter’s accounts according to the order referred to in the third paragraph of section 21.

O.C. 1297-2011, s. 18.