NEWFOUNDLAND AND LABRADOR REGULATION 117/18

NLR 14/17

1. Subsection 2(1) of the Management of Greenhouse Gas Reporting Regulations is amended by adding immediately after paragraph (c) the following:

(c.1) "compliance report" means the annual report referred to in section 20.1;

2. Subsection 5(1) of the regulations is amended by deleting the word "and" at the end of paragraph (h), deleting the period at the end of paragraph (i) and substituting a semi-colon and the word "and" and adding immediately after that paragraph the following:

(j) petroleum and natural gas production and natural gas processing.

3. Subsection 6(4) of the regulations is repealed and the following substituted:

(4) Notwithstanding subsection (2), greenhouse gas generated from a source category referred to in paragraphs 5(1)(e) to (j) may be quantified using an alternative quantification method approved by the minister, where the minister is satisfied that the resulting emissions estimates are at least as accurate as the WCI standard.

4. (1) Section 7 of the regulations is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), the emissions report relating to an industrial facility in the offshore area shall be submitted to the board on or before a date set by the board, which date shall be no later than June 1.

(2) Section 7 of the regulations is amended by adding immediately after subsection (4) the following:

(4.1) Notwithstanding paragraphs (4)(j) and (q), where an industrial facility has a greenhouse gas reduction target per product in accordance with subsection 8(3) of the Management of Greenhouse Gas Regulations, the industrial facility shall include the following information in its emissions report:

(a) the total carbon dioxide equivalent generated from all source categories for each product at the industrial facility, as quantified in accordance with section 6; and

(b) the annual volume of each product the industrial facility produces.

5. Subsection 8(3) of the regulations is repealed and the following substituted:

(3) Notwithstanding subsection (2), where it is not reasonably practicable for the industrial facility to use the method referred to in subsection (2), the operator shall provide

(a) all reports and documentation relating to the volume of product the industrial facility produced during the previous 4 year period that the operator submitted to the Department of Environment and Climate Change as required under a Certificate of Approval issued under the Environmental Protection; or

(b) where the industrial facility is located in the offshore area, all reports and documentation relating to the volume of product the industrial facility produced during the previous 4 year period that the operator submitted to the board.

6. Subsection 11(1) of the regulations is repealed and the following substituted:

Requirement for verification of emissions report

11. (1) An operator is required to have a verification body conduct a verification of the emissions report where

(a) the industrial facility emits 25,000 tonnes of carbon dioxide equivalent or more of greenhouse gases in a year; or

(b) the industrial facility is designated as an opted-in facility.

7. The regulations are amended by adding immediately after section 20 the following:

Compliance report

20.1 (1) A compliance report shall be submitted to the minister on or before November 1 of the calendar year immediately following the reporting period.

(2) Notwithstanding subsection (1), where an industrial facility closes permanently before the end of a reporting period, the operator is not required to submit a compliance report for that reporting period.

(3) A compliance report shall be in writing and shall include

(a) the industrial facility's greenhouse gas reduction target;

(b) the quantity, type and serial number of the greenhouse gas reduction credits used by the industrial facility to achieve its greenhouse gas reduction target; and

(c) a statement signed and dated by the individual designated by the operator to sign on behalf of the operator certifying that

(i) he or she examined the compliance report to ensure that it is complete and accurate,

(ii) the compliance report was completed in accordance with these regulations, and

(iii) the statements and information contained in the compliance report are true to the best of his or her knowledge.

(4) For the purpose of paragraph 3(b), where an industrial facility uses fund credits to achieve its greenhouse gas reduction target, the operator shall specify

(a) the quantity and serial numbers of the fund credits purchased at the price prescribed in subsection 12(2) of the Management of Greenhouse Gas Regulations; and

(b) the quantity and serial numbers of the fund credits purchased at the price prescribed in subsection 9(7) of the Management of Greenhouse Gas Regulations.

(5) Where an operator submits a revised emissions report after the compliance report is submitted, the operator shall submit a revised compliance report within 30 days of its submission of the revised emissions report.

(6) Where an operator becomes aware of an error, omission or misrepresentation in a compliance report that has been prepared and submitted to the minister, the operator shall submit a revised compliance report to the minister within 30 days of becoming aware of the error, omission or misrepresentation.

8. Subsection 21(4) of the regulations is repealed and the following substituted:

(4) Upon request of the minister, the operator shall, for the purpose of an audit made under this section, provide all of the data used to generate the emissions report and the compliance report, including all data made available to a verification body for the purposes of the verification of the emissions report.

9. (1) Paragraph 22(1)(d) of the regulations is repealed and the following substituted:

(d) all records submitted to the minister under these regulations, including emission reports, verification reports and compliance reports;

(2) Subsection 22(1) of the regulations is amended by adding immediately after paragraph (d) the following:

(d.1) all records relating to the creation, transfer and use of greenhouse gas reduction credits;

10. Schedule C of the regulations is amended by adding immediately after the row starting with "methane" the following:

Nitrogen triflouride

NF₃

17,200

11. Schedule D of the regulations is amended by adding immediately after the row starting with "Lime manufacturing" the following:

Petroleum and Natural Gas Production and Natural Gas Processing

WCI.360

Commencement

12. These regulations come into force on January 1, 2019.