Q-2, r. 15 - Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere

Section 6.10 Disposition versions

2018-01-01

6.10. In addition to the requirements of the standards ISO 14064-3 and ISO 14065 concerning conflicts of interest, the emitter must ensure that none of the following situations exists between the emitter, its officers, the verification organization and the members of the verification team:

(1)  during the 3 years preceding the year of the declaration, one of the members of the verification team was employed by the emitter;

(2)  a member of the verification team or a close relative of that member has personal ties with the emitter or one of its officers;

(3)  during the 3 years preceding the year of the declaration, one of the members of the verification team or one of the subcontractors who took part in the verification provided the emitter with one of the following services:

(a)  the design, development, commissioning or maintenance of a data inventory or data management system for greenhouse gas emissions from an enterprise, establishment or facility of the emitter or, where applicable, for data on electricity or fuel transactions;

(b)  the development of greenhouse gas emission factors or other data that were used for the quantification or the greenhouse gas emissions report and required under this Regulation;

(c)  consultation concerning greenhouse gas emissions reductions, and in particular the design of an energy efficiency or renewable energy project and the assessment of assets relating to greenhouse gas sources;

(d)  the preparation of manuals, guides or procedures connected with the emitter’s greenhouse gas emissions reports;

(e)  consultation in connection with a greenhouse gas emission allowances market, including

i.  brokerage, with or without registration, while acting as a promoter or subscriber on behalf of the emitter;

ii.  advice concerning the suitability of a greenhouse gas emissions transaction;

iii.  the holding, purchase, sale, negotiation or withdrawal of emission allowances referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2);

(f)  a consultation in the field of health and safety and environmental management, including the consultation leading to ISO 14001 certification;

(g)  actuarial consulting, bookkeeping or other consulting services relating to accounting documents or financial statements;

(h)  a service connected with the process data management systems covered by the greenhouse gas emissions verification process;

(i)  an internal audit of greenhouse gas emissions;

(j)  a service provided in connection with litigation or an inquiry into greenhouse gas emissions;

(k)  a consultation for a greenhouse gas emissions reduction project or an offset credit project in accordance with the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1);

(4)  the person at the verification organization responsible for carrying out an internal review of the verification process, in accordance with the standards ISO 14065 and ISO 14064-3, has previously provided a verification or other service referred to in subparagraph 3 to the emitter during the report year or the current year.

The existence of one of the situations described in the first paragraph is considered to be a conflict of interest that invalidates the verification report.

For the purposes of this section, a close relative of a member of the verification team is that person’s spouse, child, spouse’s child, mother or father, mother’s or father’s spouse, child’s spouse or spouse’s child’s spouse.

M.O. 2012-12-11, s. 15; M.O. 2017-12-18, s. 7.

2013-01-01

6.10. In addition to the requirements of the standards ISO 14064-3 and ISO 14065 concerning conflicts of interest, the emitter must ensure that none of the following situations exists between the emitter, its officers, the verification organization and the members of the verification team:

(1)  during the 3 years preceding the year of the declaration, one of the members of the verification team was employed by the emitter;

(2)  a member of the verification team or a close relative of that member has personal ties with the emitter or one of its officers;

(3)  during the 3 years preceding the year of the declaration, one of the members of the verification team or one of the subcontractors who took part in the verification provided the emitter with one of the following services:

(a)  the design, development, commissioning or maintenance of a data inventory or data management system for greenhouse gas emissions from the establishment or facility of the emitter or, where applicable, for data on electricity or fuel transactions;

(b)  the development of greenhouse gas emission factors or other data that were used for the quantification or the greenhouse gas emissions report and required under this Regulation;

(c)  consultation concerning greenhouse gas emissions reductions, and in particular the design of an energy efficiency or renewable energy project and the assessment of assets relating to greenhouse gas sources;

(d)  the preparation of manuals, guides or procedures connected with the emitter’s greenhouse gas emissions reports;

(e)  consultation in connection with a greenhouse gas emission allowances market, including

i.  brokerage, with or without registration, while acting as a promoter or subscriber on behalf of the emitter;

ii.  advice concerning the suitability of a greenhouse gas emissions transaction;

iii.  the holding, purchase, sale, negotiation or withdrawal of emission allowances referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2);

(f)  a consultation in the field of health and safety and environmental management, including the consultation leading to ISO 14001 certification;

(g)  actuarial consulting, bookkeeping or other consulting services relating to accounting documents or financial statements;

(h)  a service connected with the process data management systems covered by the greenhouse gas emissions verification process;

(i)  an internal audit of greenhouse gas emissions;

(j)  a service provided in connection with litigation or an inquiry into greenhouse gas emissions;

(k)  a consultation for a greenhouse gas emissions reduction project or an offset credit project in accordance with the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1);

(4)  the person at the verification organization responsible for carrying out an internal review of the verification process, in accordance with the standards ISO 14065 and ISO 14064-3, has previously provided a verification or other service referred to in subparagraph 3 to the emitter during the report year or the current year.

The existence of one of the situations described in the first paragraph is considered to be a conflict of interest that invalidates the verification report.

For the purposes of this section, a close relative of a member of the verification team is that person’s spouse, child, spouse’s child, mother or father, mother’s or father’s spouse, child’s spouse or spouse’s child’s spouse.

M.O. 2012-12-11, s. 15.