22. A failure by an emitter to cover the GHG emissions of a covered establishment on the expiry of the compliance deadline leads to the suspension of its general account and the application of an administrative sanction equal to 3 emission units or early reduction credits for each missing emission allowance needed to complete the coverage.
The Minister recovers the missing emission allowances by deducting an equivalent number of valid emission allowances from the emitter’s general account in the manner provided for in the second paragraph of section 21.
The Minister also recovers the emission units and early reduction credits required for the administrative sanctions referred to in the first paragraph in the following manner and order, until all the units have been recovered:(1) the Minister deducts 3 valid emission units or early reduction credits from the emitter’s general account for each missing emission allowance using reserve units from categories C, B and A, early reduction credits and units identified by vintage from the least recent to the most recent, in that order;
(2) the Minister deducts 3 emission units issued for a year following the compliance period, from the most recent to the least recent, from the emitter’s compliance account for each missing emission allowance;
(3) the Minister deducts 3 emission units issued for a year following the compliance period, from the most recent to the least recent, from the emitter’s general account for each missing emission allowance.
When the emitter’s accounts do not contain enough emission allowances to recover all or part of the missing emission allowances as well as emission units and early reduction credits required for the application of the administrative sanction, the Minister notifies the emitter, who must surrender them within 30 days from the failure to provide coverage.
Upon a failure to comply, if the emitter is eligible for the allocation without charge of emission units, the Minister removes a quantity equivalent to the emission allowances, emission units and early reduction credits referred to in the fourth paragraph from the quantity that would normally have been allocated to the emitter without charge for the following compliance period pursuant to Division II of Chapter II of Title III.
O.C. 1297-2011, s. 22; O.C. 1184-2012, s. 15; O.C. 902-2014, s. 17.