Multi-Sector Air Pollutants Regulations (SOR/2016-151)

Marginal note:Revocation under law

118 The alternative rule as approved by the Minister is revoked as of the day on which the responsible person no longer is able to comply with provincial law by complying with the alternative rule in respect of the boiler, heater, engine or kiln located in the cement manufacturing facility. Without delay after that day, the responsible person must notify the Minister in writing of that revocation, including an indication of the date of that day.

Marginal note:Rule after notification or revocation

119 The rule set out in a document that is incorporated by reference into these Regulations and referred to in subsection 112(1) that was replaced by an alternative rule, as approved by the Minister, applies in respect of the boiler, heater, engine or kiln located in the cement manufacturing facility on

• (a) receipt by the Minister of the notice referred to in section 115;

• (b) the date of the revocation that is indicated in the notice described in subsection 117(2); or

• (c) the date of the revocation referred to in section 118.

Reporting, Providing, Recording and Retention of Information

Marginal note:Electronic provision

• 120 (1) A report, notice or information that is required to be provided, or an application that is made, to the Minister under these Regulations must be provided electronically in the form and format specified by the Minister and must bear the signature or electronic signature of an authorized official of the responsible person who provides it.

• Marginal note:Provision on paper

  (2) If the Minister has not specified an electronic form and format or if it is impractical to provide the report, notice, information or application in accordance with subsection (1) because of circumstances beyond the control of the responsible person, the report , notice, information or application must be provided on paper, signed by an authorized official of the responsible person, in the form and format specified by the Minister. However, if no form and format have been so specified, it may be in any form and format.

Marginal note:Record-making

• 121 (1) A record in respect of a boiler, heater, engine or cement manufacturing facility must, to the extent that it is not otherwise required under these Regulations, be made

  • (a) of every document and all information that supports the validity of any information provided to the Minister under these Regulations;

  • (b) of every measurement and calculation, along with supporting documents, that are used to determine a value of an element of a formula set out in these Regulations, as well as any information, including the methodology, that is used to determine one of those values;

  • (c) if a CEMS is used under these Regulations,

    • (i) of every document or information referred to in the CEMS Reference Method that

      • (A) relates to a demonstration or test made under these Regulations, or

      • (B) is required to be created or obtained under the CEMS Reference Method, and

    • (ii) of every measurement of a concentration and of flow that is used for every calculation necessary to determine an emission intensity, along with supporting documents;

  • (d) of documents that demonstrate that the installation, operation, maintenance and calibration of measuring devices was done in accordance with these Regulations; and

  • (e) of any other information that is relevant to demonstrating compliance with these Regulations in respect of the boiler, heater, engine or cement manufacturing facility.

• Marginal note:Records — deadline

  (2) Records required to be made under these Regulations must be made within 30 days after the day on which the information to be recorded becomes available.

• Marginal note:Five or ten years’ retention

  (3) A record or application that is made — or a copy of a report, notice or information that is provided — under these Regulations must be kept, along any supporting documents, after it is made or provided for

  • (a) at least five years if it relates to a boiler, heater, or an engine; and

  • (b) at least 10 years if it relates to a cement manufacturing facility.

• Marginal note:No retention

  (4) Despite subsection (3), any information that has been provided to the Minister by a responsible person for inclusion in the engine registry or in an online electronic reporting site that is established by the Minister does not need to be kept if the Minister has provided the responsible person with an acknowledgment of its receipt.

• Marginal note:Record location — Parts 1 and 3

  (5) The record or copy referred to in subsection (3) — other than one that relates to an engine — must be kept at the facility where the boiler or heater is located or at the cement manufacturing facility.

• Marginal note:Record location — Part 2

  (6) The record or the copy referred to in subsection (3) that relates to an engine must be kept at

  • (a) any place in Canada other than the facility where the engine is located, if that place is, when the engine is registered, indicated in the engine registry; and

  • (b) the facility where the engine is located, in any other case.

• Marginal note:Provision of records

  (7) On the Minister’s request, the record or copy referred to in subsections (5) and (6) must be provided to the Minister without delay.

Marginal note:Corrections

122 A responsible person must, without delay, inform the Minister of any errors contained in information that was provided to Minister under these Regulations and provide the Minister with the corrected information.

Marginal note:Notification of testing

• 123 (1) A responsible person for a boiler or heater who intends, by means of a stack test, to determine its NO_x emission intensity for the purpose of sections 33 to 38 or a responsible person for an engine who intends to conduct a performance test on it under clause 66(2)(a)(i)(B) or section 77 or 78 or an emissions check on it under section 79 must, on the Minister’s request, provide the Minister with the following information:

  • (a) the civic address of the place where the test or check is to be conducted or the determination or redetermination made or, if there is no civic address, its latitude and longitude;

  • (b) the date or dates on which it is to occur; and

  • (c) the name, telephone number and email address of a contact person who can provide the Minister with any updated information in relation to paragraphs (a) and (b).

• Marginal note:When information provided

  (2) The information must be provided

  • (a) at least 30 days before the test or check is conducted or the determination or redetermination is made, if that test, check, determination or redetermination is intended to be conducted or made more than 30 days after the receipt of the request; and

  • (b) without delay, in any other case.

Amendments to these Regulations

125 [Amendments]

128 [Amendment]

129 [Amendments]

130 [Amendments]

131 [Amendments]

135 [Amendment]

145 [Amendments]

Coming into Force

Marginal note:Registration

• 148 (1) Subject to subsections (2) to (5), these Regulations come into force on the day on which they are registered.

• Marginal note:January 1, 2021

  (2) Section 135 comes into force on January 1, 2021.

• Marginal note:January 1, 2023

  (3) The following provisions come into force on January 1, 2023:

  • (a) subsection 125(1);

  • (b) section 128 ;

  • (c) subsection 129(2);

  • (d) subsection 130(1);

  • (e) subsection 131(1); and

  • (f) subsection 145(2).

• Marginal note:January 1, 2026

  (4) The following provisions come into force on January 1, 2026:

  • (a) subsection 126(1);

  • (b) subsection 129(1);

  • (c) subsection 130(2);

  • (d) sections 132 to 134;

  • (e) sections 136 to 144;

  • (f) subsection 145(1); and

  • (g) sections 146 and 147.

• Marginal note:January 1, 2036

  (5) The following provisions come into force on January 1, 2036:

  • (a) section 124;

  • (b) subsection 125(2);

  • (c) subsection 126(2);

  • (d) section 127;

  • (e) subsection 129(3);

  • (f) subsection 131(2); and

  • (g) subsection 145(3).