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

Section 10 Disposition versions

2022-09-01

10. To register for the system, an emitter, participant or clearing house or, if they are not natural persons, their account representatives, must first obtain access to the electronic system by providing the Minister with the following information and documents:

(1)  the person’s name and contact information;

(2)  the person’s date of birth;

(3)  copies of at least 2 identity documents, including one with a photograph, issued by the government or one of its departments or bodies or by the Government of Canada, the government of another province or the government of a partner entity, bearing the person’s name and date of birth, along with an attestation from a notary or advocate, completed less than 3 months prior to the application for registration, stating that the notary or advocate has established the identity of the person and certifying the authenticity of the copies of the identity documents;

(4)  the name and contact information of the person’s employer;

(5)  confirmation from a financial institution situated in Canada that the person has a deposit account, credit account or loan account with the institution, which may be an original document from the institution or a copy certified true by the institution;

(6)  any conviction for a criminal offence or an offence referred to in section 13 from the 5 years prior to the submission of the information and documents;

(7)  a declaration, signed by the person and attesting

(a)  that the information and document provided are valid and that the person consents to their communication when necessary for the purposes of this Regulation and the corresponding rules and regulations of a partner entity;

(a.1)  that the person consents to a judicial record verification by the Minister or a person mandated for that purpose; and

(b)  that the person undertakes to comply with the conditions of this Regulation.

A natural person authorized to act as an account viewing agent pursuant to section 12 must also obtain access to the electronic system in accordance with the first paragraph if the person has not already obtained access to the electronic system of a partner entity.

The account viewing agent designated by the emitter or the participant, under section 11, after they register for the system, must also obtain access to the electronic system in accordance with the first paragraph.

The emitter, the participant, the clearing house or the account viewing agent or, if they are not natural persons, their account representatives, that requests access to the electronic system under this section must, in order for the request to be admissible, send the documents listed in the first paragraph in the 12 months following the date of the request.

A person who, under this section, must obtain access to the electronic system but already has one, obtained from a partner entity, is considered to have met the obligation under this Regulation and may not obtain new access from the Minister. The person must provide the Minister with the information referred to in subparagraphs 1, 2, 4, 6 and 7 of the first paragraph. If the access has not been obtained in accordance with sections 95834(a)(b) and (d) of the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms or in accordance with paragraph 2 of section 45 of O.Reg. 144/16: The Cap and Trade Program, the person must also provide the information referred to in subparagraph 3 of the first paragraph.

O.C. 1297-2011, s. 10; O.C. 1184-2012, s. 10; O.C. 902-2014, s. 8; O.C. 1125-2017, s. 13; O.C. 1462-2022, s. 10.

2017-11-29

10. To register for the system, an emitter, participant or clearing house or, if they are not natural persons, their account representatives, must first obtain access to the electronic system by providing the Minister with the following information and documents:

(1)  the person’s name and contact information at the person’s home address;

(2)  the person’s date of birth;

(3)  copies of at least 2 identity documents, including one with a photograph, issued by a government or one of its departments or agencies, bearing the person’s name and date of birth, along with an attestation from a notary or advocate, completed less than 3 months prior to the application for registration, stating that the notary or advocate has established the identity of the person and certifying the authenticity of the copies of the identity documents;

(4)  the name and contact information of the person’s employer;

(5)  confirmation from a financial institution located in Canada that the person has a deposit account with the institution;

(6)  any conviction for a criminal offence or an offence referred to in section 13 from the 5 years prior to the submission of the information and documents;

(7)  a declaration, signed by the person and attesting

(a)  that the information and document provided are valid and that the person consents to their communication when necessary for the purposes of this Regulation and the corresponding rules and regulations of a partner entity;

(a.1)  that the person consents to a judicial record verification by the Minister or a person mandated for that purpose; and

(b)  that the person undertakes to comply with the conditions of this Regulation.

A natural person authorized to act as an account viewing agent pursuant to section 12 must also obtain access to the electronic system in accordance with the first paragraph if the person has not already obtained access to the electronic system of a partner entity.

The account viewing agent designated by the emitter or the participant, under section 11, after they register for the system, must also obtain access to the electronic system in accordance with the first paragraph.

The emitter referred to in section 2.1, the participant, the clearing house or the account viewing agent or, if they are not natural persons, their account representatives, that requests access to the electronic system under this section must, in order for the request to be admissible, send the documents listed in the first paragraph in the 12 months following the date of the request.

A person who, under this section, must obtain access to the electronic system but already has one, obtained from a partner entity, is considered to have met the obligation under this Regulation and may not obtain new access from the Minister. The person must provide the Minister with the information referred to in subparagraphs 1, 2, 4, 6 and 7 of the first paragraph. If the access has not been obtained in accordance with sections 95834(a)(b) and (d) of the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms or in accordance with paragraph 2 of section 45 of O.Reg. 144/16: The Cap and Trade Program, the person must also provide the information referred to in subparagraph 3 of the first paragraph.

O.C. 1297-2011, s. 10; O.C. 1184-2012, s. 10; O.C. 902-2014, s. 8; O.C. 1125-2017, s. 13.

2014-10-22

10. To have access to the electronic system, a natural person must obtain an identifier by providing the Minister with the following information and documents:

(1)  the person’s name and contact information at the person’s home address;

(2)  the person’s date of birth;

(3)  copies of at least 2 identity documents, including one with a photograph, issued by a government or one of its departments or agencies, bearing the person’s name and date of birth, along with an attestation from a notary or advocate, completed less than 3 months prior to the application for registration, stating that the notary or advocate has established the identity of the person and certifying the authenticity of the copies of the identity documents;

(4)  the name and contact information of the person’s employer;

(5)  confirmation from a financial institution located in Canada that the person has an account with the institution and that an identity check was carried out;

(6)  any conviction for a criminal offence or an offence referred to in section 13 from the 5 years prior to the submission of the information and documents;

(7)  a declaration, signed by the person and attesting

(a)  that the information and document provided are valid and that the person consents to their communication when necessary for the purposes of this Regulation and the corresponding rules and regulations of a partner entity;

(a.1)  that the person consents to a judicial record verification by the Minister or a person mandated for that purpose; and

(b)  that the person undertakes to comply with the conditions of this Regulation.

O.C. 1297-2011, s. 10; O.C. 1184-2012, s. 10; O.C. 902-2014, s. 8.

2012-12-19

10. To have access to the electronic system, a natural person must obtain an identifier by providing the Minister with the following information and documents:

(1)  the person’s name and contact information at the person’s home address;

(2)  the person’s date of birth;

(3)  copies of at least 2 identity documents, including one with a photograph, issued by a government or one of its departments or agencies, bearing the person’s name and date of birth, along with an attestation from a notary or advocate, completed less than 3 months prior to the application for registration, stating that the notary or advocate has established the identity of the person and certifying the authenticity of the copies of the identity documents;

(4)  the name and contact information of the person’s employer;

(5)  confirmation from a financial institution located in Canada that the person has an account with the institution and that an identity check was carried out;

(6)  any conviction for a criminal offence or an offence referred to in section 13 from the 5 years prior to the submission of the information and documents;

(7)  a declaration, signed by the person and attesting

(a)  that the information and document provided are valid and that the person consents to their communication when necessary for the purposes of this Regulation; and

(b)  that the person undertakes to comply with the conditions of this Regulation.

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

2012-09-01

10. In addition to the information listed in sections 7 to 9, an emitter or a participant that is not a natural person must also provide the Minister with a designation authorizing a single natural person to act as its account representative and perform any transaction within the system on its behalf.

In the designation, the emitter or participant must also authorize another single natural person to act as alternate account representative in lieu of the account representative.

The designation must include

(1)  the name and contact information of the emitter or participant and of its chief officer;

(2)  the name and contact information of the account representative and alternate account representative, including their home address, social insurance number and date of birth, along with a copy of an identity document issued by a government or a government department or body showing the person’s name and date of birth;

(3)  a statement of the chief officer or a resolution of the board of directors of the emitter or participant attesting that the account representative and alternate account representative are duly authorized to act on behalf of the emitter or participant for the purposes of this Regulation; and

(4)  the declaration provided for in Part I of Appendix B, signed by the account representative and the alternate account representative.

All representations, acts, errors or omissions made by the account representative and alternate account representative in the performance of their duties are deemed to be made by the emitter or participant.

The authorization of the account representative and alternate account representative terminates at the end of the day following the day on which the Minister receives a new designation from the emitter or participant, or when all the accounts of the emitter or participant are closed.

For the purposes of this Regulation and unless otherwise indicated by the context, the provisions concerning an account representative apply, with the necessary modifications, to an alternate account representative.

O.C. 1297-2011, s. 10.