Output-Based Pricing System Regulations

Marginal note:Assessment of emissions against emissions limit

• 44 (1) The person responsible for a covered facility must assess for each compliance period the quantity of GHGs that are emitted from the covered facility during the applicable compliance period against its applicable GHG emissions limit in accordance with the formula

  A – B

  where

  A

  is the quantity of GHGs that are emitted from the covered facility during the compliance period, expressed in CO₂e tonnes, determined in accordance with subsection 35; and

  B

  is the applicable GHG emissions limit for the covered facility for the compliance period, expressed in CO₂e tonnes, determined in accordance with sections 36, 36.1, 36.2, 41, 41.1, 41.2 or 42.

• Marginal note:Rounding

  (1.1) The result of the assessment in subsection (1) is to be rounded to the nearest whole number or, if the number is equidistant between two whole consecutive numbers, to the higher number.

• Marginal note:New covered facilities

  (2) If, on January 1 during a compliance period, the covered facility has not completed two calendar years of production following the date of first production, subsection (1) does not apply to the covered facility for that compliance period.

• Marginal note:Primary activity

  (3) Subsection (2) only applies to a covered facility whose primary activity is a specified industrial activity.

• Marginal note:New electricity generation facility

  (4) Subsection (2) does not apply to an electricity production facility that begins generating electricity on or after January 1, 2021.

• Marginal note:Date of production

  (5) For the purposes of subsection (2), to determine the date of first production for a covered facility all industrial activities that the facility has previously been or is currently engaged in must be taken into account.