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Q-2, r. 46.1 - Regulation respecting a cap-and-trade system for greenhouse gas emission allowances
Section 8
Disposition versions
8. Only a natural person domiciled in Canada or another person or municipality having an establishment in Canada may register with the Minister as a participant in the system in order to acquire emission allowances. The applicant must provide the Minister with the following information and documents:
(1) the applicant’s name and contact information;
(2) in the case of an applicant other than a natural person or a municipality, the information and documents referred to in subparagraphs 1 to 3 and 6 to 9 of the first paragraph of section 7, with the necessary modifications;
(2.1) in the case of a natural person, a list of the entities the person owns or controls with the control percentage between each entity, the name and contact information for the business corporations in which the person controls over 10% of the voting rights attached to all the outstanding voting securities of the business corporation, and the name and contact information of all partnerships in which the person is a partner, general partner or special partner, and in which the person provided over 10% of the common stock;
(2.2) the main reason why the applicant wishes to register as a participant in the system;
(3) if the application is made by a mandatary who is not domiciled in Québec, the name and contact information of a natural person domiciled in Québec who is designated to represent the applicant;
(4) if the application is made by a natural person, a declaration signed by the person including an undertaking to comply with the conditions of this Regulation.
However, a natural person employed by an emitter, by a participant, or by a person who belongs to the same group as that emitter or participant within the meaning of section 9 or whose function or family connection makes it reasonable to believe that the natural person could have privileged information about the operation of the system, may not be registered as a participant in the system.
Despite the second paragraph, in the case of a natural person employed by an emitter or a participant who registered as a participant before 22 October 2014, the person’s registration will be authorized until 22 October 2016, after that it will be terminated. Until that date, the person may not participate in an auction sale of emission units.
8. Only a natural person domiciled in Canada or another person or municipality having an establishment in Canada may register with the Minister as a participant in the system in order to acquire emission allowances. The applicant must provide the Minister with the following information and documents:
(1) the applicant’s name and contact information;
(2) in the case of an applicant other than a natural person or a municipality, the information and documents referred to in subparagraphs 1 to 3 and 6 to 9 of the first paragraph of section 7, with the necessary modifications;
(2.1) in the case of a natural person, a list of the entities the person owns or controls with the control percentage between each entity, the name and contact information for the business corporations in which the person controls over 10% of the voting rights attached to all the outstanding voting securities of the business corporation, and the name and contact information of all partnerships in which the person is a partner, general partner or special partner, and in which the person provided over 10% of the common stock;
(3) if the application is made by a mandatary who is not domiciled in Québec, the name and contact information of a natural person domiciled in Québec who is designated to represent the applicant;
(4) if the application is made by a natural person, a declaration signed by the person or, in other cases, a declaration signed by a director or any other officer, or a resolution of the board of directors including an undertaking to comply with the conditions of this Regulation.
However, a natural person employed by an emitter or a participant may not be registered as a participant in the system.
Despite the second paragraph, in the case of a natural person employed by an emitter or a participant who registered as a participant before 22 October 2014, the person’s registration will be authorized until 22 October 2016, after that it will be terminated. Until that date, the person may not participate in an auction sale of emission units.
8. Only a natural person domiciled in Canada and having previously obtained an identifier in accordance with section 10 or another person or municipality having an establishment in Canada may register with the Minister as a participant in the system in order to acquire emission allowances. The applicant must provide the Minister with the following information and documents:
(1) the applicant’s name and contact information;
(2) in the case of an applicant other than a natural person or a municipality, the information and documents referred to in subparagraphs 1 to 3 and 6 to 9 of the first paragraph of section 7, with the necessary modifications;
(3) if the application is made by a natural person who is not domiciled in Québec, the name and contact information of a natural person domiciled in Québec who is designated to represent the applicant;
(4) if the application is made by a natural person, a declaration signed by the person or, in other cases, a declaration signed by the chief officer or a resolution of the board of directors including an undertaking to comply with the conditions of this Regulation.
However, a natural person employed by an emitter or a participant may not be registered as a participant in the system.
Despite the second paragraph, in the case of a natural person employed by an emitter or a participant who registered as a participant before 22 October 2014, the person’s registration will be authorized until 22 October 2016, after that it will be terminated. Until that date, the person may not participate in an auction sale of emission units.
8. Only a natural person domiciled in Canada and having previously obtained an identifier in accordance with section 10 or another person or municipality having an establishment in Canada may register with the Minister as a participant in the system in order to acquire emission allowances. The applicant must provide the Minister with the following information and documents:
(1) the applicant’s name and contact information;
(2) in the case of an applicant other than a natural person or a municipality, the information and documents referred to in subparagraphs 1 to 3 and 6 to 9 of the first paragraph of section 7, with the necessary modifications;
(3) if the application is made by a natural person who is not domiciled in Québec, the name and contact information of a natural person domiciled in Québec who is designated to represent the applicant;
(4) if the application is made by a natural person, a declaration signed by the person or, in other cases, a declaration signed by the chief officer or a resolution of the board of directors including an undertaking to comply with the conditions of this Regulation.
However, a natural person employed by an emitter or a participant may not register as a participant in the system.
8. Only a natural person domiciled in Canada and having previously obtained an identifier in accordance with section 10 or another person or municipality having an establishment in Canada may register with the Minister as a participant in the system in order to acquire emission allowances. The applicant must provide the Minister with the following information and documents:
(1) the applicant’s name and contact information;
(2) in the case of an applicant other than a natural person or a municipality, the information and documents referred to in subparagraphs 1 to 3 and 6 to 9 of the first paragraph of section 7, with the necessary modifications;
(3) if the application is made by a natural person who is not domiciled in Québec, the name and contact information of a natural person domiciled in Québec who is designated to represent the applicant;
(4) if the application is made by a natural person, a declaration signed by the person or, in other cases, a declaration signed by the chief officer or a resolution of the board of directors including an undertaking to comply with the conditions of this Regulation.
8. Every person, other than an emitter, interested in purchasing emission allowances must apply to the Minister for registration for the system as a participant, providing the following information:
(1) the person’s name and contact information;
(2) in the case of an enterprise:
(a) the type of activities pursued and, if applicable, the 6-digit code under the North American Industry Classification System (NAICS Canada);
(b) the business number assigned to it under the Act respecting the legal publicity of enterprises (chapter P-44.1);
(c) a list of its directors and officers, including their home addresses;
(d) a list of its subsidiaries or parent legal persons, with the names and home addresses of their directors and officers;
(e) a list of the persons controlling over 10% of the voting rights attached to all the outstanding voting securities of the participant;
(3) in the case of a natural person, the person’s 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;
(4) if the application is made by a natural person, a declaration signed by the person, or if the application is made by an enterprise, a declaration signed by its chief officer, including an undertaking to comply with the conditions of this Regulation.
An application for registration in the system pursuant to this section may be submitted to the Minister on or after 1 May 2012.
