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Newfoundland and Labrador
Regulation 2019


NEWFOUNDLAND AND LABRADOR REGULATION 32/19

NEWFOUNDLAND AND LABRADOR
REGULATION 32/19

Management of Greenhouse Gas Reporting Regulations (Amendment)
under the
Management of Greenhouse Gas Act

(Filed April 17, 2019)

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

Dated at St. John's, April 16, 2019.

Graham Letto
Minister of Municipal Affairs and Environment

REGULATIONS

Analysis


        1.   S.2 Amdt.
Interpretation

        2.   S.7 Amdt.
Emissions report

        3.   S.8 Amdt.

              Annual volume of production report

        4.   S.8.1 Added

              Annual hours of operations report

        5.   S.11 Amdt.
Requirement for verification of emissions report

        6.   S.20.1 Amdt.
Compliance report

        7.   Commencement


NLR 14/17
as amended

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

         (a.1)  "authorization" means an authorization issued by the board under paragraph 134(1)(b) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act;

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

         (d.1)  "drilling authorization" means an authorization which authorizes, whether exclusively or in conjunction with other activities, the conduct of exploration drilling activities;

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

          (f.1)  "exploration drilling activities" means activities conducted by a mobile offshore industrial facility under the authority of a drilling authorization as classified by the board;      

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

         (k.1)  "mobile offshore industrial facility" means a mobile marine installation or structure that

                      (i)  is capable of conducting offshore well drilling activities, and

                     (ii)  has been approved by the board for well drilling activities in the offshore area under a drilling authorization;

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

           (l.1)  "offshore industrial facility" means an industrial facility located in the offshore area but does not include a mobile offshore industrial facility;

           (l.2)  "operator" means

                      (i)  in relation to an offshore industrial facility, a person who holds an authorization, and

                     (ii)  in relation to a mobile offshore industrial facility, a person who holds a drilling authorization;      

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

             (3)  For the purposes of these regulations, an industrial facility includes an offshore industrial facility and a mobile offshore industrial facility, unless the context indicates otherwise.

 

        2. (1) Paragraph 7(4)(q) of the regulations is repealed and the following substituted:

             (q)  the annual volume of product the industrial facility produces or for a mobile offshore industrial facility, the number of hours in a year that the mobile offshore industrial facility operated in the offshore area;

             (2)  Section 7 of the regulations is amended by adding immediately after subsection (4.1) the following:

         (4.2)  Notwithstanding paragraphs (4)(j), (k), (l), (m) and (p), a mobile offshore industrial facility shall, in addition to the information required under those paragraphs, include the following information in its emissions report:

             (a)  the total carbon dioxide equivalent generated from all source categories at the mobile offshore industrial facility in relation to operations solely related to exploration drilling activities, as quantified in accordance with section 6;

             (b)  the total carbon dioxide generated from the combustion of biomass in relation to operations solely related to exploration drilling activities;

             (c)  the total greenhouse gas emissions sequestered through carbon sequestration activities in relation to operations solely related to exploration drilling activities, including an explanation of how the greenhouse gas emissions were used, transferred or stored;

             (d)  the quantity of each greenhouse gas set out in Schedule C that was generated from each of the source categories at the mobile offshore industrial facility in relation to operations solely related to exploration drilling activities; and

             (e)  the amount of carbon dioxide equivalent quantified for each source category in relation to operations solely related to exploration drilling activities in accordance with subsection 6(6).

        3. Subsection 8(1) of the regulations is repealed and the following substituted:

Annual volume of production report

        8. (1) An operator, other than an operator of a mobile offshore industrial facility, shall submit to the minister at the time it submits its first emissions report a report regarding the annual volume of product the industrial facility produced during the previous 4 year period.

        4. The regulations are amended by adding immediately after section 8 the following:

Annual hours of operations report

      8.1 (1) An operator of a mobile offshore industrial facility shall submit to the board at the time it submits its first emissions report a report regarding the number of hours the mobile offshore industrial facility operated in the offshore area during the previous 4 year period.

             (2)  A report referred to in subsection (1) shall state the number of hours that the mobile offshore industrial facility's operations related solely to exploration drilling activities.

        5. Subsection 11(2) of the regulations is repealed and the following substituted:

             (2)  Notwithstanding subsection (1), a verification is not required for the year in which an industrial facility, other than a mobile offshore industrial facility, permanently closes.

        6. Subsection 20.1(2) of the regulations is repealed and the following substituted:

             (2)  Notwithstanding subsection (1), where an industrial facility, other than a mobile offshore 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.

Commencement

        7. These regulations are considered to have come into force on January 1, 2019.