NEWFOUNDLAND AND LABRADOR
REGULATION 118/18

Opted-in Facilities Regulations
under the
Management of Greenhouse Gas Act

(Filed December 20, 2018)

Under the authority of section 29 of the Management of Greenhouse Gas Act, I make the following regulations.

Dated at St. John's, December 20, 2018.

Graham Letto
Minister of Municipal Affairs and Environment

REGULATIONS

Analysis

        1.   Short title

        2.   Definitions

        3.   Opted-in facility 

        4.   Application for revocation of designation

        5.   Revocation of designation by minister

        6.   Compliance report

        7.   Greenhouse gas reduction target

        8.   Commencement

Short title

        1. These regulations may be cited as the Opted-in Facilities Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Management of Greenhouse Gas Act;

             (b)  "compliance report" has the same meaning as in the Management of Greenhouse Gas Reporting Regulations;

             (c)  "designation" means designation as an opted-in facility; and

             (d)  "year" means calendar year.

Opted-in facility 

        3. An industrial facility designated as an opted-in facility shall remain an opted-in facility unless

             (a)  the designation is revoked under section 4 or 5; or

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

Application for revocation of designation

        4. (1) An operator of an opted-in facility may apply to the minister for revocation of the designation.

             (2)  An application under subsection (1) shall

             (a)  be submitted  in the form and manner determined by the minister;

             (b)  be submitted after the operator submits the verification report but before October 1 of the year preceding the year in which the revocation is intended to be effective; and

             (c)  contain the information required by the minister.     

             (3)  The minister may revoke the designation where the application satisfies the requirements in subsection (2).               

             (4)  Notwithstanding subsection (1), an operator shall not make an application under subsection (1) until at least 3 years after the industrial facility received its designation.

Revocation of designation by minister

        5. Notwithstanding section 4, the minister may revoke a designation where the opted-in facility emits less than 15,000 tonnes of carbon dioxide equivalent or more of greenhouse gases in 3 consecutive years.

Compliance report

        6. Where an industrial facility's designation has been revoked, the operator shall submit the compliance report for the last year that the industrial facility was an opted-in facility on or before November 1 of the following year.

Greenhouse gas reduction target

        7. Where an industrial facility's designation has been revoked, the operator may

             (a)  sell any performance credits owned by the industrial facility as of the date of the revocation; and

             (b)  purchase greenhouse gas reduction credits to achieve its greenhouse gas reduction target for the last year that the industrial facility was an opted-in facility subject to any restrictions in the Management of Greenhouse Gas Regulations.

Commencement

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

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