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

Section 13 Disposition versions

2022-09-01

13. No person applying for registration as a participant, and no person designated as an account representative or authorized as an account viewing agent, may have been found guilty, in the 5 years prior to the application for registration or the sending of the notice of designation or authorization, of fraud or any other criminal offence connected with the activities for which registration is requested or a notice is sent, or may have been found guilty on an offence under sections 28 to 31 of this Regulation or under a fiscal Act, the Derivatives Act (chapter I-14.01), the Securities Act (chapter V-1.1) or their regulations, unless a pardon has been obtained.

Every participant, every account representative and every account viewing agent who is found guilty of a criminal offence or an offence referred to in the first paragraph must inform the Minister of the conviction without delay, and the registration, designation or authorization of that natural person, account representative or account viewing agent will be terminated or revoked.

The emission allowances recorded in the account of a participant whose registration is terminated pursuant to the second paragraph are recovered by the Minister who allocates them as follows:

(1)  the emission units are paid into the auction account to be sold at a later date;

(2)  the early reduction credits and offset credits issued by a partner entity are paid into the retirement account to be extinguished;

(3)  the other offset credits are paid into the environmental integrity account.

This section applies to any conviction in any foreign court for a criminal offence or offence referred to in the first paragraph that, had it been committed in Canada, could have led to criminal or penal proceedings.

O.C. 1297-2011, s. 13; O.C. 1184-2012, s. 10; O.C. 1125-2017, s. 16; O.C. 1462-2022, s. 13.

2017-11-29

13. No natural person applying for registration as a participant, and no person designated as an account representative or authorized as an account viewing agent, may have been found guilty, in the 5 years prior to the application for registration or the sending of the notice of designation or authorization, of fraud or any other criminal offence connected with the activities for which registration is requested or a notice is sent, or may have been found guilty on an offence under sections 28 to 31 of this Regulation or under a fiscal Act, the Derivatives Act (chapter I-14.01), the Securities Act (chapter V-1.1) or their regulations, unless a pardon has been obtained.

Every participant who is a natural person, every account representative and every account viewing agent who is found guilty of a criminal offence or an offence referred to in the first paragraph must inform the Minister of the conviction without delay, and the registration, designation or authorization of that natural person, account representative or account viewing agent will be terminated or revoked.

The emission allowances recorded in the account of a participant whose registration is terminated pursuant to the second paragraph are recovered by the Minister who allocates them as follows:

(1)  the emission units are paid into the auction account to be sold at a later date;

(2)  the early reduction credits are paid into the retirement account to be extinguished;

(3)  the offset credits are paid into the environmental integrity account.

This section applies to any conviction in any foreign court for a criminal offence or offence referred to in the first paragraph that, had it been committed in Canada, could have led to criminal or penal proceedings.

O.C. 1297-2011, s. 13; O.C. 1184-2012, s. 10; O.C. 1125-2017, s. 16.

2012-12-19

13. No natural person applying for registration as a participant, and no person designated as an account representative or authorized as an account viewing agent, may have been found guilty, in the 5 years prior to the application for registration or the sending of the notice of designation or authorization, of fraud or any other criminal offence connected with the activities for which registration is requested or a notice is sent, or may have been found guilty on an offence under sections 28 to 31 of this Regulation or under a fiscal Act, the Derivatives Act (chapter I-14.01), the Securities Act (chapter V-1.1) or their regulations, unless a pardon has been obtained.

Every participant who is a natural person, every account representative and every account viewing agent who is found guilty of a criminal offence or an offence referred to in the first paragraph must inform the Minister of the conviction without delay, and the registration, designation or authorization of that natural person, account representative or account viewing agent will be terminated or revoked.

The emission allowances recorded in the account of a participant whose registration is terminated pursuant to the second paragraph are recovered by the Minister who allocates them as follows:

(1)  the emission units are paid into the auction account to be sold at a later date;

(2)  the early reduction credits are paid into the retirement account to be extinguished;

(3)  the offset credits are paid into the environmental integrity account.

This section applies to any conviction in a United States court for a criminal offence or offence referred to in the first paragraph that, had it been committed in Canada, could have led to criminal or penal proceedings.

O.C. 1297-2011, s. 13; O.C. 1184-2012, s. 10.

2012-09-01

13. The emitter or participant must notify the Minister of any change in the information provided pursuant to sections 7 to 10 within 30 days.

The same applies to the account representative with respect to information provided pursuant to section 12.

Despite the first paragraph, when an emitter or a participant wants to register as a bidder at an auction, any change in a business relationship referred to in section 9 of the emitter or participant must be notified to the Minister at least 60 days before the date of the auction.

O.C. 1297-2011, s. 13.