NEWFOUNDLAND AND LABRADOR REGULATION 116/18

Short title

1. These regulations may be cited as the Management of Greenhouse Gas Regulations.

Definitions

2. In these regulations

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

(b) "baseline emissions intensity" means baseline emissions intensity as calculated in accordance with section 4;

(d) "biomass" has the same meaning as in the Management of Greenhouse Gas Reporting Regulations;

(e) "comparable facilities" means facilities located in Canada or the United States that

(i) have the same NAICS code,

(ii) have a similar production process,

(iii) produce a similar product or range of products, and

(iv) sell their products in similar markets;

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

(g) "flaring emissions" means the controlled release of gas from the combustion of a gas or liquid steam produced at an industrial facility not for the purpose of producing energy;

(h) "fugitive emissions" means the uncontrolled release of gas other than releases that are venting emissions or flaring emissions and including releases resulting from the production, processing, transmission, storage and use of solid, liquid or gaseous fuels;

(i) "industrial facility" includes an opted-in facility;

(j) "ISO 14064-3" has the same meaning as in the Management of Greenhouse Gas Reporting Regulations;

(k) "ISO 14065" has the same meaning as in the Management of Greenhouse Gas Reporting Regulations;

(l) "material impact" means a reduction in production of at least 10% relative to production in previous years;

(m) "NAICS code" has the same meaning as in the Management of Greenhouse Gas Reporting Regulations;

(n) "offshore industrial facility" means an industrial facility located in the offshore area;

(o) "performance benchmark" means performance benchmark as calculated in accordance with section 7;

(p) "production" means

(i) the volume of output from a production process, or

(ii) the volume of material moved within a mine, in relation to blasting operations and mobile transportation within a mine;

(q) "production process" means a process of combining material, capital equipment, labour and energy inputs to extract mineral and petroleum resources or to produce a semi-processed or final product for consumption;

(r) "registry" means the registry established under section 15;

(s) "retire" means to terminate the ability to use or transfer;

(t) "throughput" means the volume of material in a production process;

(u) "unexpected interruption of production" means an extended period where there is no production due to

(i) a labour dispute,

(ii) capital equipment breakdown,

(iii) natural disaster, or

(iv) another unforeseen event satisfactory to the Lieutenant-Governor in Council; and

(v) "venting emissions" means the controlled release of a gas to the atmosphere and includes emissions from

(i) the release of casing gas, a gas associated with a liquid, solution gas, treater, stabilizer or dehydrator off-gas or blanket gas,

(ii) the release from pneumatic devices that use natural gas as a driver,

(iii) the release from compressor start-ups, pipelines and other blowdowns, and

(iv) releases from metering and regulation station control loops.

Application

3. (1) These regulations apply to

(a) industrial facilities that emit 25,000 tonnes of carbon dioxide equivalent or more of greenhouse gases in any year since the coming into force of section 4 of the Act; and

(b) opted-in facilities.

(2) Notwithstanding paragraph (1)(a), these regulations do not apply to an industrial facility during its construction and pre-production stage.

(3) Notwithstanding paragraph (1)(a), where an industrial facility commences production after these regulations come into force, Parts I to III do not apply to the industrial facility until its fourth year of production.

PART I
BASELINE EMISSIONS INTENSITY, BASELINE EMISSIONS LEVEL AND PERFORMANCE BENCHMARK

Baseline emissions intensity

4. (1) The baseline emissions intensity of an industrial facility, other than an offshore industrial facility, for the year 2019 shall be determined in accordance with the following formula:

BEI = AE₂₀₁₆+ AE₂₀₁₇
AP₂₀₁₆ + AP₂₀₁₇

where

BEI = baseline emissions intensity for the industrial facility;

AE = the industrial facility's actual emissions of carbon dioxide equivalent of greenhouse gases in a year expressed in tonnes rounded up to the nearest tonne, excluding biomass emissions and any emissions generated from a source category referred to in paragraphs 5(1)(f) to (i) of the Management of Greenhouse Gas Reporting Regulations; and

AP = the industrial facility's actual production in a year rounded up to the nearest tonne.

(2) The baseline emissions intensity of an industrial facility, other than an offshore industrial facility, for the year 2020 and subsequent years shall be determined in accordance with the following formula:

BEI = AE₂₀₁₆+ AE₂₀₁₇ + AE₂₀₁₈
AP₂₀₁₆ + AP₂₀₁₇ + AP₂₀₁₈

where

BEI = baseline emissions intensity for the industrial facility;

AP = the industrial facility's actual production in a year rounded up to the nearest tonne.

(3) The baseline emissions intensity of an industrial facility, other than an offshore industrial facility, that commenced production after the year 2016 or was designated as an opted-in facility after the coming into force of these regulations shall be determined in accordance with the following formulas:

BEI_{yr 4} = AE_yr3
AP_yr3

BEI_yr5 = AE_yr3+ AE_yr4
AP_yr3 + AP_yr4

BEI = AE_yr3+ AE_yr4 + AE_yr5
AP_yr3 + AP_yr4 + AP_yr5

where

BEI_yr4 = baseline emissions intensity for the industrial facility for fourth year of production;

BEI_yr5 = baseline emissions intensity for the industrial facility for fifth year of production;

BEI = baseline emissions intensity for the industrial facility;

AP = the industrial facility's actual production in a year rounded up to the nearest tonne.

(4) Notwithstanding subsections (1) to (3), where the industrial facility has an unexpected interruption of production that has a material impact on its production in a year that is to be used to establish the industrial facility's baseline emissions intensity, the Lieutenant-Governor in Council may

(a) exclude that year from the calculation of the baseline emissions intensity and calculate the baseline emissions intensity on fewer years; or

(b) adjust the AP and AE in subsections (1) to (3) on a time denominated basis in a manner that attributes the period of production in a year as if it were a full year.

Per product baseline emissions intensity

5. (1) Notwithstanding section 4, an operator may request the approval of the Lieutenant-Governor in Council for the baseline emissions intensity to be calculated for each product produced at an industrial facility.

(2) The Lieutenant-Governor in Council may approve a request under subsection (1) where

(a) the industrial facility produces 2 or more products; and

(b) the operator provides information required under the Management of Greenhouse Gas Reporting Regulations on a per product basis to the satisfaction of the Lieutenant-Governor in Council.

(3) Subsection (1) does not apply to an industrial facility with a greenhouse gas reduction target based on a performance benchmark.

Baseline emissions level

6. (1) The baseline emissions level for an offshore industrial facility for the year 2019 shall be calculated in accordance with the following formula:

BEL = AE₂₀₁₆+ AE₂₀₁₇
2

where

BEL = baseline emissions level for the offshore industrial facility; and

AE = the offshore industrial facility's actual emissions of carbon dioxide equivalent of greenhouse gases in a year expressed in tonnes rounded up to the nearest tonne, excluding biomass emissions and any venting emissions and fugitive emissions generated from a source category referred to in paragraph 5(1)(j) of the Management of Greenhouse Gas Reporting Regulations.

(2) The baseline emissions level for an offshore industrial facility for the year 2020 and subsequent years shall be calculated in accordance with the following formula:

BEL = AE₂₀₁₆+ AE₂₀₁₇ + AE₂₀₁₈
3

where

BEL = baseline emissions level for the offshore industrial facility; and

AE = the offshore industrial facility's actual emissions of carbon dioxide equivalent of greenhouse gases in a year expressed in tonnes rounded up to the nearest tonne excluding biomass emissions and any venting emissions and fugitive emissions generated from a source category referred to in paragraph 5(1)(j) of the Management of Greenhouse Gas Reporting Regulations.

(3) The baseline emissions level of an offshore industrial facility that commenced production after the year 2016 or was designated as an opted-in facility after the coming into force of these regulations shall be determined in accordance with the following formulas:

BEL_yr4 = AE_yr3
1

BEL_yr5 = AE_yr3+ AE_yr4
2

BEL = AE_yr3+ AE_yr4 + AE_yr5
3

where

BEL_yr4 = baseline emissions level for the offshore industrial facility for fourth year of production;

BEL_yr5 = baseline emissions level for the offshore industrial facility for fifth year of production;

BEL = baseline emissions level for the offshore industrial facility; and

(4) Notwithstanding subsections (1) to (3), where an offshore industrial facility experiences an unexpected interruption of production that has a material impact on its production in a year that is to be used to establish the offshore industrial facility's baseline emissions level, the Lieutenant-Governor in Council may

(a) exclude that year from the calculation of the baseline emissions level and calculate the baseline emissions level on fewer years; or

(b) adjust the AE in subsections (1) to (3) on a time denominated basis in a manner that attributes the period of production in a year as if it were a full year.

Performance benchmark

7. (1) A performance benchmark shall be determined by ranking the intensity based performance of all comparable facilities, including the industrial facility requesting a performance benchmark, from lowest to highest.

(2) The intensity based performance of a comparable facility is calculated by

(a) dividing the comparable facility's actual emissions of carbon dioxide equivalent of greenhouse gases in a year expressed in tonnes rounded up to the nearest tonne, excluding biomass emissions;

(b) the comparable facility's actual throughput.

(3) For the purposes of subsection (2), the information for

(a) paragraph (2)(a) shall be based on Environment and Climate Change Canada's Greenhouse Gas Reporting Program or where the comparable facility is located the United States, the United States Environmental Protection Agency's Greenhouse Gas Reporting Program; and

(b) paragraph (2)(b) shall be based on Environment and Climate Change Canada's Air Quality Management System or where the comparable facility is located in the United States, the United States Environmental Protection Agency's Air Quality System.

(4) Where the operator of an industrial facility is of the opinion that the primary energy source used by the industrial facility is used by less than 10% of comparable facilities, the operator may request the approval of the Lieutenant-Governor in Council to convert, on a british thermal unit basis, that energy source used by the industrial facility to the energy source used by the majority of the comparable facilities.

(5) A request under subsection (4), shall include evidence from an independent consultant qualified under ISO 14064-3 or 14065 confirming that

(a) the requested energy source conversion satisfies the requirement in subsection (4); and

(b) the energy source conversion information is verified and accurate.

(6) Where the Lieutenant-Governor in Council is satisfied with the evidence provided under subsection (5), the Lieutenant-Governor in Council may approve the request and the industrial facility shall be ranked using the converted energy source.

(7) A performance benchmark shall be adjusted annually or where data is not available annually, at least every 3 years.

PART II
GREENHOUSE GAS REDUCTION TARGETS

Greenhouse gas reduction target

8. (1) The greenhouse gas reduction target for an industrial facility to which these regulations apply shall be a reduction of

(a) 6% below the industrial facility's baseline emissions intensity or baseline emissions level in the year 2019;

(b) 8% below the industrial facility's baseline emissions intensity or baseline emissions level in the year 2020;

(d) 12% below the industrial facility's baseline emissions intensity or baseline emissions level in the year 2022 and subsequent years.

(2) Notwithstanding subsection (1), the greenhouse gas reduction target for an industrial facility that commenced production in 2015 or a subsequent year is set out in Schedule A.

(3) Where an industrial facility's baseline emissions intensity is calculated on a per product basis, a greenhouse gas reduction target shall be calculated per product in accordance with this section and the industrial facility's greenhouse gas reduction target shall be the sum of the per product greenhouse gas reduction targets weighted according to the share of total production for each product.

(4) Notwithstanding subsections (1) to (3), an industrial facility may request the approval of the Lieutenant-Governor in Council for a greenhouse gas reduction target based on a performance benchmark rather than baseline emissions intensity.

(5) A request under subsection (4) shall be submitted no later than June 30 of the calendar year preceding the calendar year in which the greenhouse gas reduction target is to apply.

(6) Notwithstanding subsection (5), a request under subsection (4) relating to the calendar year 2019 shall be submitted on or before March 1, 2019.

(7) A request under subsection (4) shall include evidence from an independent consultant qualified under ISO 14064-3 or 14065 confirming that a performance benchmark can be objectively and reasonably developed based on the number of comparable facilities.

(8) Where the Lieutenant-Governor in Council is satisfied with the evidence provided under subsection (7), the Lieutenant-Governor in Council may approve the request and, where approved, the greenhouse gas reduction target for the industrial facility shall be set at the top tercile of all comparable facilities in the performance benchmark.

(9) An industrial facility that has a greenhouse gas reduction target based on a performance benchmark for at least 5 calendar years may change to a greenhouse gas reduction target based on baseline emissions intensity by giving the minister at least 6 months notice before the calendar year in which the greenhouse gas reduction target is to apply.

PART III
GREENHOUSE GAS REDUCTION CREDITS

Greenhouse gas reduction credits

9. (1) A greenhouse gas reduction credit is equal to one tonne of greenhouse gas emissions on a carbon dioxide equivalent basis.

(2) Each greenhouse gas reduction credit is recorded with a unique serialized number in the registry in accordance with these regulations.

(3) A greenhouse gas reduction credit may only be used by the owner of the greenhouse gas reduction credit and shall be serialized before use.

(4) Greenhouse gas reduction credits may be used by an operator to achieve

(a) 100% of the industrial facility's greenhouse gas reduction target in the year 2019;

(b) 90% of the industrial facility's greenhouse gas reduction target in the year 2020;

(d) 80% of the industrial facility's greenhouse gas reduction target in the year 2022 and subsequent years.

(5) Notwithstanding subsection (4), an operator may use performance credits earned at the industrial facility to achieve the remaining

(a) 10% of the industrial facility's greenhouse gas reduction target in the year 2020;

(b) 15% of the industrial facility's greenhouse gas reduction target in the year 2021; and

(6) Notwithstanding subsection (4), an offshore industrial facility may use greenhouse gas reduction credits to achieve 100% of its greenhouse gas reduction target.

(7) Notwithstanding subsection (4), an operator may purchase fund credits at the price prescribed in subsection 12(3) multiplied by 4 to achieve the remaining

(a) 10% of the industrial facility's greenhouse gas reduction target in the year 2020;

(b) 15% of the industrial facility's greenhouse gas reduction target in the year 2021; and

(8) The minister shall retire greenhouse gas reduction credits used by an industrial facility to achieve its greenhouse gas reduction target.

Performance credits

10. (1) The minister may issue performance credits to an industrial facility in accordance with this section.

(2) Where an industrial facility has a greenhouse gas reduction target based on baseline emissions intensity, the number of performance credits that the minister may issue to the industrial facility for a year shall be calculated in accordance with the following formula:

PC = (RT x AP) - AE

where

PC = the number of performance credits, expressed in tonnes on a carbon dioxide equivalent basis rounded up to the nearest tonne;

RT = the industrial facility's greenhouse gas reduction target calculated in accordance with subsection 8(1);

AP = the industrial facility's actual production in a year rounded up to the nearest tonne; and

AE = the industrial facility's actual greenhouse gas emissions expressed in tonnes on a carbon dioxide equivalent basis rounded up to the nearest tonne, excluding biomass emissions and any emissions generated from a source category referred to in paragraphs 5(1)(f) to (i) of the Management of Greenhouse Gas Reporting Regulations.

(3) For the purposes of calculating performance credits which may be earned by the Holyrood Generating Station

(a) the Holyrood Generating Station shall be deemed to continue to have its greenhouse gas reduction target;

(b) AP in subsection (2) shall be deemed production as set out in Schedule B; and

(4) Subsection (3) only applies as long as the operator of the Holyrood Generating Station continues to provide electricity from an industrial facility in the province.

(5) Notwithstanding subsection (4), the Lieutenant-Governor in Council may approve a transitional period during which electricity may be provided from an industrial facility outside the province.

(6) The number of performance credits that the minister may issue to an offshore industrial facility for a year shall be calculated in accordance with the following formula:

PC = RT - AE

where

PC = the number of performance credits, expressed in tonnes on a carbon dioxide equivalent basis rounded up to the nearest tonne;

RT = the offshore industrial facility's greenhouse gas reduction target calculated in accordance with subsection 8(1);

AE = the industrial facility's actual greenhouse gas emissions expressed in tonnes on a carbon dioxide equivalent basis rounded up to the nearest tonne, excluding biomass emissions and any venting emissions and fugitive emissions generated from a source category referred to in paragraph 5(1)(j) of the Management of Greenhouse Gas Reporting Regulations.

(7) Where an industrial facility has a greenhouse gas reduction target based on a performance benchmark and is in the top quartile of the performance benchmark, the number of performance credits that the minister may issue to the industrial facility for a year shall be calculated in accordance with the following formula:

PC = (TQPB x AP) - AE

where

PC = the number of performance credits, expressed in tonnes on a carbon dioxide equivalent basis rounded up to the nearest tonne;

TQPB = the top quartile of the performance benchmark;

AP = the industrial facility's actual production in a year rounded up to the nearest tonne; and

AE = the industrial facility's actual greenhouse gas emissions expressed in tonnes on a carbon dioxide equivalent basis rounded up to the nearest tonne, excluding biomass emissions.

(8) Where the minister determines that the industrial facility is eligible for performance credits the minister shall

(a) create and assign serial numbers to the performance credits;

(b) record the performance credits in the registry; and

(9) A performance credit that is not used to achieve an industrial facility's greenhouse gas reduction target shall expire 7 years after it is created.

Transfer of performance credits

11. (1) Performance credits may be transferred from the operator of an industrial facility to the operator of another industrial facility but the transfer is not effective until it is recorded in the registry.

(2) The operators involved in a transfer of performance credits shall provide the following information in the form determined by the minister:

(a) the quantity of performance credits being transferred and the serial number of each performance credit being transferred;

(b) the name of the operator transferring the performance credits and the name of the operator receiving the performance credits;

(d) confirmation from the operator transferring the performance credits and the operator receiving the performance credits that the transfer has been authorized;

(e) the date of the transfer; and

(f) any other information required by the minister.

Fund credits

12. (1) An operator may purchase fund credits by contributing money to the fund.

(2) An operator shall not purchase more fund credits than required to achieve all or a portion of the industrial facility's greenhouse gas reduction target as permitted under these regulations.

(3) The purchase price of fund credits shall be as follows:

(a) $20 per one tonne of greenhouse gas emissions on a carbon dioxide equivalent basis for reporting year 2019;

(b) $30 per one tonne of greenhouse gas emissions on a carbon dioxide equivalent basis for reporting year 2020;

(d) $50 per one tonne of greenhouse gas emissions on a carbon dioxide equivalent basis for reporting year 2022 and subsequent years.

(4) Where an operator purchases fund credits the minister shall

(a) create and assign serial numbers to the fund credits;

(b) record the fund credits in the registry; and

(5) A fund credit purchased for a reporting year shall only be used in that reporting year.

(6) Notwithstanding subsection (5), a fund credit may be purchased for use in a previous year where an industrial facility submitted a revised emissions report for a previous year and the industrial facility required additional fund credits to achieve all or a portion of its greenhouse gas reduction target as permitted under these regulations.

(7) Where subsection (6) applies, the cost of the fund credits shall be

(a) the cost in the reporting year for which the fund credit is purchased; or

(b) where subsection 9(7) applies, 4 times the cost of the fund credit in the reporting year for which it is purchased.

(8) A fund credit is non-transferable and non-refundable.

PART IV
PAYMENTS FROM FUND

Payments from the fund

13. (1) In determining whether to authorize a payment from the fund under section 7 of the Act the minister and the advisory council shall consider

(a) the impact that the proposed project for which the money is being requested may have on climate change and the reduction of greenhouse gas emissions in the province;

(b) the quality of the evidence provided by the operator to demonstrate that the money will achieve a verifiable reduction in greenhouse gas emissions in a reasonable period of time;

(d) the cost effectiveness of the proposed project for which the money is being requested in relation to the proposed reduction in greenhouse gas emissions; and

(e) the economic and social benefits that may accrue as a result of the proposed project for which the money is being requested.

(2) Where the minister authorizes a payment from the fund the minister shall enter into a funding agreement with the person receiving the money.

(3) The funding agreement referred to in subsection (2) may

(a) specify the time period in which the proposed project for which the money is being requested shall be completed;

(b) impose terms and conditions on the operator in relation to the use of the money received from the fund; and

Discontinuance of payments

14. (1) The minister may discontinue payments from the fund under section 13 where the operator who received the money

(a) does not implement the proposed project in the manner outlined in the funding agreement referred to in subsection 13(2);

(b) does not take reasonable steps within a reasonable period of time to complete the proposed project;

(d) ceases operation.

(2) Where the minister discontinues payments under subsection (1), the minister may also seek repayment of all the money received by the operator for that project.

PART V
REGISTRY

Registry

15. (1) The minister shall establish and maintain a registry for industrial facilities and opted-in facilities referred to in section 5 of the Act.

(2) Each industrial facility referred to in subsection (1) shall have an account on the registry which shall contain information including

(a) the serial numbers of the greenhouse gas reduction credits owned by the industrial facility;

(b) the dates the greenhouse gas reduction credits were created and deposited into the industrial facility's account;

(d) the serial numbers of the performance credits transferred;

(e) the name of the person at the industrial facility who authorized the transfer referred to in paragraph (d);

(f) the serial numbers of greenhouse gas reduction credits used for compliance; and

(g) the date greenhouse gas reduction credits were used in accordance with subsection 9(8) or expired in accordance with subsection 10(9) or 12(5).

(3) The information in an industrial facility's account is confidential and only accessible to the operator.

(4) The registry shall also contain the following information which shall be publicly available:

(a) the name and address of the industrial facility;

(b) the name of the operator of the industrial facility;

(d) the serial numbers of the performance credits owned by the industrial facility; and

(e) the name of the person at the industrial facility authorized to transfer performance credits.

PART VI
ADVISORY COUNCIL

Advisory council meetings

16. (1) The advisory council shall meet at least once a year.

(2) The advisory council may conduct its meetings in person, by video conference, by teleconference or by other telecommunication device as long as, at a meeting, all participants may communicate simultaneously and instantaneously.

(3) A member of the advisory council participating in a meeting by videoconference, teleconference or other telecommunication device shall be counted as a member present at the meeting for the purpose of establishing a quorum.

PART VII
APPEALS

Appeal to minister

17. (1) A person who is aggrieved by an order or a decision made under the Act or these regulations may appeal that order or decision to the minister by notice in writing, within 60 days of receipt of that decision or order, stating the reasons for the appeal.

(2) The minister shall notify the appellant, in writing, of his or her decision within 30 days of receipt of the notice of appeal.

(3) The minister may dismiss the appeal, allow the appeal or make another order or decision that may be made under the Act or these regulations.

Appeal to Supreme Court

18. (1) A person aggrieved by an order or decision of the minister under the Act or these regulations may, within 30 days of the order or the decision appeal, on a question of law or on a question of mixed law and fact, to the Supreme Court and the decision of the Supreme Court is final.

(2) Notwithstanding a rule or practice to the contrary, a notice of appeal shall

(a) set out in detail the allegations of the appellant and the grounds upon which the order or decision is appealed against; and

(b) be signed by the appellant or the appellant's solicitor.

(3) An appellant shall, within 30 days after the service of the notice of appeal under this section, apply to a judge for the appointment of a day for the hearing of the appeal and shall, not fewer than 30 days before the hearing, serve upon the minister or deputy minister a written notice of the day appointed for the hearing.

(4) The minister shall produce before the judge hearing the appeal all papers and documents in his or her possession affecting the matter of the appeal.

(5) Where an appellant does not comply with subsection (3) the notice of appeal shall be considered void and the order or decision being appealed shall be considered to be final.

(6) The judge shall hear an appeal made under subsection (1) and the evidence brought forward by the appellant and the Crown in a summary manner and shall decide the matter of the appeal by

(a) upholding, amending or revoking the order or decision; or

(b) making another order or decision that the judge considers proper in the circumstance.

(7) An appeal made under this section shall be dismissed by the Supreme Court if the sole ground for relief established on the appeal is a defect in form or a technical irregularity.

(8) A judge may make an order as to costs for or against the appellant or the Crown and may fix the amount of those costs.

(9) An appeal may be taken from a decision of a judge of the Supreme Court to the Court of Appeal on a point of law raised upon the hearing of the appeal by the judge of the Supreme Court.

(10) The filing of an appeal under this section or section 17 shall not affect the order or decision appealed from and the order shall remain in force pending the outcome of the appeal.

Civil remedy

19. A civil remedy for an act or omission is not suspended or affected by reason only that the act or omission is an offence under the Act or these regulations or gives rise to a remedy under the Act or these regulations, and nothing in the Act or these regulations shall be considered to repeal, reduce or remove a remedy available to a person under another Act of the province, at common law or under an Act of the government of Canada or of another province of Canada.

Service

20. A notice, order or document under the Act or these regulations is sufficiently given or served where it is given

(a) to a person other than a corporation, by

(i) personal delivery,

(ii) registered mail or other mail delivery which produces a receipt or other proof of delivery, to the last known address of the person, or

(iii) fascimile telecommunication or other electronic communication; and

(b) to a corporation, by

(i) personal delivery to a director or chief executive officer of the corporation, or

(ii) registered mail or other mail delivery which produces a receipt or other proof of delivery, to the registered office of the corporation.

PART VIII
COMMENCEMENT

Commencement

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

Schedule A

Industrial Facility Commenced Production in 2015

Year	Percentage reduction below industrial facility's baseline emissions intensity or baseline emissions level
2019	2.4%
2020	4.8%
2021	8%
2022 and subsequent years	12%

Industrial Facility Commenced Production in 2016

Year	Percentage reduction below industrial facility's baseline emissions intensity or baseline emissions level
2019	1.2%
2020	3.2%
2021	6%
2022	9.6%
2023 and subsequent years	12%

Industrial Facility Commenced Production in 2017

Year	Percentage reduction below industrial facility's baseline emissions intensity or baseline emissions level
2020	1.6%
2021	4%
2022	7.2%
2023	9.6%
2024 and subsequent years	12%

Industrial Facility Commenced Production in 2018

Year	Percentage reduction below industrial facility's baseline emissions intensity or baseline emissions level
2021	2%
2022	4.8%
2023	7.2%
2024	9.6%
2025 and subsequent years	12%

Industrial Facility Commenced Production in 2019 or Subsequent Years

Year of production	Percentage reduction below industrial facility's baseline emissions intensity or baseline emissions level
Year 4	2.4%
Year 5	4.8%
Year 6	7.2%
Year 7	9.6%
Year 8 and subsequent years	12%

Schedule B

Year	Projected Gross Production (GWh)
2019	1,682
2020	1,562
2021	1,524
2022	1,489
2023	1,603
2024	1,668
2025	1,679
2026	1,626
2027	1,695
2028	1,740
2029	1,770
2030	1,773
2031	1,720
2032	1,771
2033	1,349
2034	924
2035	927
2036	546