Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) (SOR/2018-66)

Marginal note:Tagging

• 41 (1) A pneumatic controller that is referred to in subsection 37(2) or a pneumatic pump referred to in a permit issued under subsection 40(2) must be tagged to indicate that it is not subject to subsection 37(1) or 39(1) or an entry to that effect must be made in an electronic tracking system.

• Marginal note:Identifier

  (2) The tag or the entry must also include an identifier for the pneumatic controller or the pneumatic pump.

Other Equipment

Marginal note:Pipes and hatches

42 A hatch and the open end of a pipe at an upstream oil and gas facility must be closed — other than during an operation at the facility that requires the hatch or pipe to be open — in such a way as to minimize the emission of hydrocarbon gas.

Marginal note:Sampling systems and pressure relief devices

43 A sampling system or a pressure relief device used at an upstream oil and gas facility must be installed and operated in such a way as to minimize the emission of hydrocarbon gas from the system or the pressure relief device.

Marginal note:Records — hatches, pipes, systems and devices

44 A record must be made that indicates whether an upstream oil and gas facility has a hatch, a pipe with an open end or uses a sampling system or pressure relief device.

Revocation of Permit

Marginal note:Subsection 40(2)

• 45 (1) The Minister must revoke a permit issued under subsection 40(2) if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in their application for the permit.

• Marginal note:Conditions for revocation

  (2) The Minister must not revoke a permit unless the Minister has provided the applicant with

  • (a) written reasons for the proposed revocation; and

  • (b) an opportunity to be heard, by written representation, in respect of the proposed revocation.

PART 2[Repealed, SOR/2025-280, s. 15]

46 [Repealed, SOR/2025-280, s. 15]

47 [Repealed, SOR/2025-280, s. 15]

48 [Repealed, SOR/2025-280, s. 15]

49 [Repealed, SOR/2025-280, s. 15]

50 [Repealed, SOR/2025-280, s. 15]

51 [Repealed, SOR/2025-280, s. 15]

52 [Repealed, SOR/2025-280, s. 15]

53 [Repealed, SOR/2025-280, s. 15]

PART 3Administration

Registration

Marginal note:Registration report

• 54 (1) An upstream oil and gas facility in respect of which any of sections 5, 9, 11, 14 and 15 apply or in respect of which sections 26 to 45 apply and an offshore facility in respect of which section 46 applies must be registered by providing the Minister with a registration report for the facility that contains the information set out in Schedule 3.

• Marginal note:Date of registration

  (2) The facility must be registered not later than 120 days after the later of

  • (a) January 1, 2020, and

  • (b) the earlier of

    • (i) the first day on which any of sections 5, 9, 11, 14, 15 and 46 apply in respect of the facility, and

    • (ii) the first day of the month referred to in subsection 20(1) as of which sections 26 to 45 apply in respect of the facility.

• Marginal note:Updated information

  (3) If there is a change such that the information provided in the facility’s registration report is no longer accurate, a notice to that effect that contains the updated information, along with the information referred to in item 4 of Schedule 3, must be sent to the Minister not later than 90 days after the change.

Marginal note:Provision of information

• 55 (1) Information that is required under section 54 to be in a registration report provided to the Minister may be provided to the Minister via an approved entity.

• Marginal note:Deemed provision of registration report

  (2) If all of the information required to be in a registration report is provided to the Minister via an approved entity, the operator for that facility must notify the Minister to that effect. The registration report is deemed to have been provided to the Minister on the day on which the Minister receives that notice.

• Marginal note:Approval of entity

  (3) The Minister may approve an entity for the purpose of subsection (1) if the Minister concludes an arrangement with the entity under which information referred to in section 54 that is provided to the entity is accessible to the Minister.

• Marginal note:Publication of approved entities

  (4) The Minister must publish a list of approved entities in the Environmental Registry established under section 12 of the Canadian Environmental Protection Act, 1999.

• Marginal note:Withdrawal of approval

  (5) The Minister may withdraw the approval of an entity and publish a notice to that effect in the Environmental Registry.

Record-making and Updating and Keeping of Documents

Marginal note:Record-making and updates

• 56 (1) A record that is 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. The record must be updated within 30 days after the information to be updated becomes available.

• Marginal note:Record-keeping — indefinite

  (2) A record, along with supporting documents, of information that applies on an ongoing basis must be kept indefinitely until an update is required.

• Marginal note:Record-keeping — five years

  (3) If an update referred to in subsection (2) is required, the record of the information, along with its supporting documents, as recorded before the updating must be kept for five years after the updating.

• Marginal note:Record-keeping — five years

  (4) A record, along with supporting documents, of information that applies only in respect of a given day, must be kept for five years after that given day.

• Marginal note:Document-keeping

  (5) A document that is required to be kept under these Regulations must be kept for five years.

• Marginal note:Place kept

  (6) The records and documents must be kept at the upstream oil and gas facility to which they relate or at another place in Canada where they can be inspected.

• Marginal note:Provision of records

  (7) On the Minister’s request, the operator must, within 60 days after the day on which the request was made, provide any of the records or documents kept to the Minister.

Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

57 [Amendment]

Coming into Force

Marginal note:January 1, 2020

• 58 (1) Subject to subsection (2), these Regulations come into force on January 1, 2020.

• Marginal note:January 1, 2023

  (2) Sections 26, 27 and 37 to 41 of these Regulations and paragraphs 30(p), (q), (v), (w) and (x) of the schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999), as enacted by section 57 of these Regulations, come into force on January 1, 2023.