Fuel Charge Regulations (2018, c. 12, s. 187)

PART 9Covered Facilities

Marginal note:Person responsible for a facility

23 For the purposes of this Part, a person responsible for a facility is a person referred to in paragraph 24(c) in respect of the facility.

Marginal note:Prescribed covered facility

24 For the purposes of paragraph (b) of the definition covered facility in section 3 of the Act, one or more sites including structures and equipment situated at those sites (referred to in this Part as a “facility”) is a prescribed facility if

• (a) the facility is located entirely in one of the following provinces:

  • (i) Ontario,

  • (i.1) Nova Scotia,

  • (i.2) New Brunswick,

  • (ii) Saskatchewan,

  • (iii) Alberta, or

  • (iv) Newfoundland and Labrador;

• (b) all parts of the facility function as a single integrated site;

• (c) all parts of the facility have at least one owner or operator in common;

• (d) the facility is subject to a provincial output-based performance standards system relating to a provincial pricing mechanism for greenhouse gas emissions; and

• (e) a statement referred to in subsection 25(2) has been issued confirming that the condition described in paragraph (d) in respect of the facility is met and no subsequent statement referred to in subsection 25(6) has been issued indicating that this condition is no longer met.

Marginal note:Application for determination

• 25 (1) A person responsible for a facility located in a province referred to in paragraph 24(a) may apply to the Minister of the Environment for a determination of whether the condition in paragraph 24(d) is met in respect of the facility. The person must provide to that Minister the information in respect of the facility necessary for that Minister to determine if that condition is met in respect of the facility and any other information in respect of the facility that that Minister considers relevant for the purposes of this Part.

• Marginal note:Statement in writing

  (2) On receipt of the application referred to in subsection (1), the Minister of the Environment must, with all due dispatch, examine the application and issue a statement in writing to the person confirming whether or not the condition in paragraph 24(d) is met in respect of the facility for the purposes of the fuel charge system.

• Marginal note:Ceasing to be a person responsible

  (3) If a statement referred to in subsection (2) confirming that the condition in paragraph 24(d) is met in respect of a facility has been issued to a person, the person must without delay notify the Minister of the Environment in writing when the person ceases to be a person responsible for the facility.

• Marginal note:Change in respect of a facility

  (4) If a statement has been issued to a person under subsection (2) confirming that the condition in paragraph 24(d) is met in respect of a facility, if no subsequent statement referred to in subsection (6) has been issued indicating that this condition is no longer met and if there is a change in respect of the facility that could materially affect either the boundary of any site of the facility or a new determination under subsection (2) in respect of the facility if such a determination were made, then the person must without delay provide in writing to the Minister of the Environment updated information in respect of that change and any other information in respect of the facility that that Minister considers relevant for the purposes of this Part.

• Marginal note:Information request

  (5) A person to which a statement was issued under subsection (2) confirming that the condition in paragraph 24(d) is met in respect of a facility and to which no subsequent statement referred to in subsection (6) has been issued indicating that this condition is no longer met must without delay provide to the Minister of the Environment in writing any information in respect of the facility that is relevant for the purposes of this Part, upon request by that Minister.

• Marginal note:Conditions no longer met

  (6) If a statement has been issued to a person under subsection (2) confirming that the condition in paragraph 24(d) is met in respect of a facility and the facility ceases to meet that condition, the Minister of the Environment must, with all due dispatch, issue to the person a statement in writing indicating that that condition is no longer met.

Marginal note:Covered facility of a person

26 For the purposes of paragraph 5(b) of the Act, a person meets prescribed conditions in respect of a covered facility if the facility is a prescribed facility under section 24 and a statement referred to in subsection 25(2) has been issued to the person in respect of the facility.

Marginal note:Emitter — registration permitted

27 For the purposes of paragraph 57(1)(b) of the Act, a facility is a prescribed facility and a person is a prescribed person in respect of the facility if the facility is a prescribed facility under section 24 and a statement referred to in subsection 25(2) has been issued to the person in respect of the facility.

Marginal note:Combustible waste burned at covered facility

28 For the purposes of section 27 of the Act, no charge is payable under section 25 of the Act in respect of combustible waste that is burned in a listed province by a person if the person is a registered emitter and the combustible waste is burned at a covered facility.