2. For the purposes of this Regulation, an emitter is any person or municipality operating an enterprise in a sector of activity listed in Appendix A and reporting for an establishment or, if applicable, for the enterprise, in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), annual greenhouse gas emissions in a quantity equal to or greater than 25,000 metric tonnes CO2 equivalent, excluding(1) CO2 emissions attributable to the combustion or fermentation of biomass and biomass fuels;
(2) CH4 emissions attributable to coal storage, and referred to in part QC.5.3 of Schedule A.2 to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;
(3) CO2, CH4 and N2O emissions attributable to mobile equipment on the site of an establishment, referred to in part QC.27 of the Schedule mentioned in subparagraph 2;
(4) until 1 January 2015, CH4 emissions attributable to the operations of a petroleum refinery, referred to in parts QC.9.3.6, QC.9.3.9 and QC.9.3.12 of the Schedule mentioned in subparagraph 2;
(5) until 1 January 2015, CH4 and N2O emissions attributable to anaerobic wastewater treatment, referred to in the Schedule mentioned in subparagraph 2, either in part QC.9.3.7 in the case of a petroleum refinery, part QC.10.2.7 in the case of a pulp and paper mill, or part QC.12.3.7 in the case of the production of petrochemical products;
(6) until 1 January 2015, the CO2, CH4 and N2O emissions attributable to the transportation and distribution of natural gas, referred to in parts QC.29.3.1, QC.29.3.2, QC.29.3.7, QC.29.3.8 and QC.29.3.9 of the Schedule mentioned in subparagraph 2.
A person or municipality operating an enterprise is also considered to be an emitter if the person or municipality(1) acquires electricity generated outside Québec, except electricity produced in a territory under the responsibility of a government other than that of Québec with which an agreement has been entered into under section 46.14 of the Environment Quality Act (chapter Q-2), for its own consumption or for sale in Québec, if the greenhouse gas emissions attributable to the generation of the quantity of electricity acquired, calculated in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere, are equal to or exceed 25,000 metric tonnes CO2 equivalent;
(2) distributes fuel and is contemplated by section 85.33 of the Act respecting the Régie de l’énergie (chapter R-6.01), and if the greenhouse gas emissions attributable to the combustion or use of the fuel distributed, calculated in accordance with the Regulation respecting the annual duty payable to the Green Fund (chapter R-6.01, r. 6), are equal to or exceed 25,000 metric tonnes CO2 equivalent.
For the purposes of subparagraph 2 of the second paragraph, “fuel” means gasoline, diesel fuel, propane, natural gas and heating oil, except(1) aviation fuel and marine bunker fuel;
(2) hydrocarbons used as raw material by industries that transform hydrocarbon molecules through chemical or petrochemical processes;
(3) the biomass and biomass fuel component of such fuel;
(4) fuel for which an emitter referred to in the first paragraph of section 2 is required to cover its emissions pursuant to section 19.