19. Every emitter referred to in section 2 is required, in accordance with the terms and conditions of this Chapter, to cover each metric tonne CO2 equivalent of the verified emissions from an establishment or, if applicable, an enterprise referred to in the same section when its GHG emissions are equal to or exceed the emissions threshold, until 31 December following the third consecutive emissions report for which the emissions from the establishment or enterprise are below the emissions threshold or, where applicable, following the permanent closure of the establishment or the permanent stop in production of a reference unit if the emissions attributable to the other activities of the establishment have been below the emissions threshold for the last 3 years.
As for emitters referred to in subparagraph 2 of the second paragraph of section 2, they are bound by the obligation provided for in the first paragraph until 31 December of the first year covered by an enterprise’s verified emissions report, sent to the Minister, in which the enterprise’s GHG emissions are equal to zero.
The emitter is required to comply with the first paragraph(1) beginning with the compliance period starting on 1 January 2013, in the case of an emitter that on 1 January 2012 operates an establishment or, if applicable, an enterprise for which the reported emissions for 2009, 2010 or 2011, attributable to activities other than those referred to in subparagraph 2 of this paragraph, are equal to or exceed the emissions threshold;
(2) beginning with the compliance period starting on 1 January 2015, in the case of the activities of an emitter referred to in subparagraph 2 of the second paragraph of section 2 whose verified emissions in connection with the fuel distributed for 2013 are equal to or exceed the emissions threshold;
(2.1) beginning on 1 January 2016, in the case of an emitter for whom emissions attributable to fuel distribution activities in 2014 are equal to or exceed 25,000 metric tonnes CO2 equivalent;
(2.2) beginning on 1 January 2016, in the case of an emitter for whom emissions attributable to fuel distribution activities in 2015 are equal to or exceed 25,000 metric tonnes CO2 equivalent;
(2.3) beginning on 1 January 2016, in the case of an emitter who distributed 200 litres or more of fuel in 2015 but whose corresponding declared emissions are lower than 25,000 metric tonnes CO2 equivalent;
(3) in the case where an emitter’s verified emissions are equal to or greater than the emissions threshold during a year after the year mentioned in subparagraph 1, beginning on 1 January of the year following the year in which the first report for emissions equal to or greater than the threshold, and for the years that follow 2020, beginning on 1 January of the year in which an emitter’s verified emissions are equal to or exceed the threshold;
(3.0.1) beginning on 1 January of the year for which the demonstration is made, in the case of an emitter referred to in subparagraph 3 of the second paragraph of section 2 that has demonstrated that the emissions of an establishment will be equal to or exceed 25,000 metric tonnes CO2 equivalent;
(3.1) beginning on 1 January of the year concerned, in the case where fuel distribution activities of an emitter are equal to or exceed the emissions threshold for 2016 or a subsequent year;
(4) beginning in the year in which it becomes operational, in the case of a new facility referred to in subparagraph a of paragraph 11 of section 3.
When the operator of a covered establishment changes, the new operator is required, in place of the former operator, to cover all the GHG emissions from the establishment that have not been covered in accordance with this Chapter.
Notwithstanding subparagraphs 1 and 2 of the second paragraph, an emitter that ceases its activities permanently in the year preceding the year in which the compliance period referred to in those subparagraphs begins is not required to cover the emitter’s GHG emissions, provided it notifies the Minister in writing not later than 6 months following the start date of the period.
Despite the first paragraph, every emitter referred to in section 2, except an emitter referred to in subparagraph 2 of the second paragraph of that section, that ceases to be subject to the coverage requirement provided for in the first paragraph, that does not meet the requirements of section 2.1, and that wishes to continue to cover emissions from an establishment or, as the case may be, its enterprise, must send the Minister a written notice setting out its intention not later than 1 September following the third consecutive emissions report for which the emissions from the establishment or enterprise are below the emissions threshold.
An emitter that sends a notice under the sixth paragraph has, for a period of 5 consecutive years beginning on 1 January following the end of its coverage requirement under the first paragraph, the same rights and obligations as an emitter referred to in section 2.
O.C. 1297-2011, s. 19; O.C. 1184-2012, s. 12; O.C. 1138-2013, s. 4; O.C. 902-2014, s. 14; O.C. 1089-2015, s. 10; 1125-2017O.C. 1125-2017, s. 2411a; 1288-2020O.C. 1288-2020, s. 51; 1462-2022O.C. 1462-2022, s. 191.