Output-Based Pricing System Regulations

Marginal note:Conclusive presumption

• 10.1 (1) If a facility ceases to be a covered facility, the person responsible for that facility is deemed to be responsible for a covered facility with respect to

  • (a) the requirements set out in section 173 of the Act;

  • (b) the requirements set out in section 174 of the Act with respect to providing compensation;

  • (c) the requirement under subsection 176(1) of the Act to notify the Minister of any errors or omissions;

  • (d) the requirement under subsection 176(2) or 177(2) of the Act to submit any corrected report under section 62 or 63, respectively;

  • (e) the requirement under paragraph 178(1)(a) of the Act to provide any compensation;

  • (f) the requirements set out in section 181 of the Act;

  • (g) the requirement to maintain the OBPS account referred to in section 14;

  • (h) the requirement under subsection 187(5) of the Act to retain the information set out in section 47; and

  • (i) the requirement to notify the Minister if there is a change in the person responsible, in accordance with section 48.

• Marginal note:Period of requirements

  (2) The requirements set out in paragraphs (1)(a) to (g) apply during the period necessary under the Act and the requirements set out in paragraphs (1)(h) and (i) apply during a period of seven years after the end of the year in which the facility ceased to be a covered facility.

• Marginal note:Surplus credits

  (3) If a facility ceases to be a covered facility, the person responsible for that facility is deemed to be responsible for a covered facility for the purpose of obtaining surplus credits under section 175 of the Act and paragraph 178(1)(b) of the Act.