Q-2, r. 35.5 - Regulation respecting landfill methane reclamation and destruction projects eligible for the issuance of offset credits

Updated to 12 December 2023

This document has official status.

chapter Q-2, r. 35.5

Regulation respecting landfill methane reclamation and destruction projects eligible for the issuance of offset credits

Environment Quality Act

(chapter Q-2, ss. 46.1, 46.5 and 46.8.2).

Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

(chapter M-11.6, ss. 30 and 45).

M.O. 2021-06-11; S.Q. 2022, c. 8, s. 1.

CHAPTER I OBJECT, SCOPE AND INTERPRETATION

M.O. 2021-06-11, c. I.

1. The object of this Regulation is to

(1)  determine the landfill methane reclamation and destruction projects that are eligible for the issuance of offset credits pursuant to section 46.8.2 of the Environment Quality Act (chapter Q-2);

(2)  determine the conditions and methods applicable to such projects; and

(3)  determine the information and documents that a person or municipality responsible for carrying out an eligible project or a project whose eligibility must be determined must keep or provide to the Minister.

M.O. 2021-06-11, s. 1.

2. In this Regulation, unless otherwise indicated by context,

“cap-and-trade system for emission allowances” means a cap-and-trade system for greenhouse gas emission allowances established pursuant to the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1); (système de plafonnement et d’échange de droits d’émission)

“greenhouse gas” or “GHG” means a gas referred to in the second paragraph of section 46.1 of the Environment Quality Act (chapter Q-2) or in the second paragraph of section 70.1 of the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulphur hexafluoride (SF6), nitrogen trifluoride (NF3), chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs); (gaz à effet de serre ou GES)

“landfill gas” means a gas resulting from the decomposition of residual materials disposed of in a landfill site; (gaz d’enfouissement)

“landfill site” means a place where residual materials are permanently disposed of above or below ground; (lieu d’enfouissement)

“methane destruction device” means any device or operation referred to in Appendix A that allows methane to be destroyed; (dispositif de destruction du méthane)

“methane reclamation device” means any device or operation referred to in Appendix A that allows methane to be reclaimed; (dispositif de valorisation du méthane)

“officer” means the president, chief executive officer, chief operating officer, chief financial officer or secretary of a legal person or a person holding a similar position, or any person designated as an officer by a resolution of the board of directors; (dirigeant)

“professional” means a professional within the meaning of section 1 of the Professional Code (chapter C-26); any other person authorized by a professional order to carry on an activity reserved to a member of that order is also deemed to be a professional; (professionnel)

“promoter” means a person or municipality responsible for carrying out a project eligible for the issuance of offset credits. (promoteur)

M.O. 2021-06-11, s. 2.

CHAPTER II ELIGIBILITY

M.O. 2021-06-11, c. II.

DIVISION I ELIGIBILITY CONDITIONS

M.O. 2021-06-11, Div. I.

3. A project to reclaim or destroy methane from a landfill site is eligible for the issuance of offset credits pursuant to section 46.8.2 of the Environment Quality Act (chapter Q-2), for the eligibility period provided for in Division II of this Chapter, if it meets the following conditions:

(1)  the project is carried out by a promoter registered for the cap-and-trade system for emission allowances in accordance with the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1), that is domiciled in Québec in the case of a natural person or has an establishment in Québec in other cases;

(2)  the GHG emission reductions attributable to the project are achieved as an initiative of the promoter, without the promoter being required to do so, on the date of filing of the project notice or renewal notice provided for in Chapter IV, under a law or regulation, an authorization, an order made pursuant to a law or regulation or a court decision;

(3)  the methane is reclaimed or destroyed using a reclamation device or destruction device referred to in Appendix A in accordance with the conditions set out in that Appendix.

M.O. 2021-06-11, s. 3.

4. For the purposes of section 3, a landfill site must meet the following conditions:

(1)  it is located in Québec;

(2)  on the date on which the project notice or renewal notice referred to in Chapter IV is filed, and for the whole of the project’s eligibility period, it receives less than 50,000 metric tonnes of residual materials annually and has a capacity of less than 1.5 million cubic metres;

(3)  in the case of a landfill site that is closed on the date on which the project notice or renewal notice referred to in Chapter IV is filed and that began operations or was enlarged in or after 2006, the site has received less than 50,000 metric tonnes of residual materials annually and has a capacity of less than 1.5 million cubic metres;

(4)  in the case of a landfill site closed after 19 January 2009, the site has received less than 50,000 metric tonnes of residual materials annually and has a capacity of less than 1.5 million cubic metres.

Subparagraphs 2, 3 and 4 of the first paragraph do not apply to a landfill site for residual materials from a pulp and paper mill, a sawmill or an oriented strandboard manufacturing plant.

M.O. 2021-06-11, s. 4.

DIVISION II ELIGIBILITY PERIOD

M.O. 2021-06-11, Div. II.

5. For the purposes of this Regulation, “eligibility period” means the period during which a project remains eligible for the issuance of offset credits, subject to compliance with the eligibility conditions in force when the project notice provided for in either section 11 or the second paragraph of section 13, or the renewal notice provided for in section 14, is filed.

M.O. 2021-06-11, s. 5.

6. The eligibility period has a term of 10 consecutive years and begins on the project start date.

The eligibility period may be renewed for the same term by filing the renewal notice provided for in section 14. The renewed eligibility period begins on the day following the end of the preceding period.

For the purposes of this Regulation, a project eligible for the issuance of offset credits is deemed to begin on the date on which the first GHG emission reductions attributable to the project occur.

M.O. 2021-06-11, s. 6.

CHAPTER III GENERAL CONDITIONS APPLICABLE TO AN ELIGIBLE PROJECT

M.O. 2021-06-11, c. III.

7. A project eligible for the issuance of offset credits must be carried out in accordance with all the requirements applicable to the project based on its type and the place where it is carried out.

M.O. 2021-06-11, s. 7.

8. The promoter must send to the Minister, within 30 days, a notice informing the Minister of any of the following events:

(1)  the promoter terminates the project;

(2)  the promoter transfers responsibility for carrying out the project to another person or another municipality.

The notice referred to in the first paragraph must contain the following information and documents:

(1)  in the case of a project termination,

(a)  the date of the project termination;

(b)  the reason for the project termination;

(c)  an estimate of the offset credits that will be requested by the promoter, for the reporting period during which termination occurs, in accordance with the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1); and

(d)  a declaration by the promoter or the promoter’s representative that the information provided is complete and accurate;

(2)  in the case of a transfer,

(a)  the date of the transfer;

(b)  the name of the transferee and all the information needed to identify the transferee, including the number of the general account opened by the Minister for the transferee pursuant to section 14 of the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances after the transferee registers for the cap-and-trade system for emission allowances;

(c)  an estimate of the offset credits that will be requested by the promoter and by the transferee for the reporting period during which the transfer is carried out, in accordance with the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances;

(d)  a declaration by the promoter and the transferee, or their representatives that the information provided is complete and accurate.

M.O. 2021-06-11, s. 8.

9. The promoter must use the forms or templates available on the website of the Ministère de l’Environnement et de la Lutte contre les changements climatiques to submit any information or document required pursuant to this Regulation.

M.O. 2021-06-11, s. 9.

10. The promoter must keep a copy of any information or document that must be submitted pursuant to this Regulation for the duration of the project and for a minimum period of 7 years after the project’s end date.

The promoter must also keep any other information or document needed to quantify the GHG emission reductions attributable to the promoter’s project pursuant to Chapter V of this Regulation for the duration of the project and for a minimum period of 7 years after the project’s end date.

The information and documents referred to in this section must also be provided to the Minister on request.

M.O. 2021-06-11, s. 10.

CHAPTER IV PROJECT NOTICE AND RENEWAL NOTICE

M.O. 2021-06-11, c. IV.

11. The promoter must, not later than the date of filing of the first issuance request for offset credits under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1), file a project notice with the Minister containing the following information and documents:

(1)  the information needed to identify the promoter and the promoter’s representative, if any;

(2)  the number of the general account opened by the Minister for the promoter pursuant to section 14 of the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances following the promoter’s registration for the cap-and-trade system for emission allowances;

(3)  a summary description of the project and information about its location;

(4)  an estimate of the expected annual and total GHG emission reductions attributable to the project, in metric tonnes CO2 equivalent;

(5)  the duration of the project and the start date for the project, when known, or in other cases an estimate of the duration and start date;

(6)  when the promoter has retained or intends to retain the services of a professional or another person to prepare or carry out the project,

(a)  the information needed to identify that professional or person;

(b)  a summary of the tasks that have been or will be entrusted to that professional or person; and

(c)  if applicable, a declaration by the professional or person that the information and documents provided are complete and accurate;

(7)  the information needed to identify the owner of the landfill site where the project is carried out and the owner’s representative, if any;

(8)  the information needed to identify any person or municipality involved in reclaiming methane, in particular by purchasing the gas, and a description of the role played in reclamation by that person or municipality;

(9)  a declaration by the promoter or the promoter’s representative that the information and documents provided are complete and accurate.

M.O. 2021-06-11, s. 11.

12. On receiving a project notice, the Minister gives it a project code and communicates the code to the promoter.

M.O. 2021-06-11, s. 12.

13. The project described in a notice filed in accordance with section 11 must start within 2 years following the filing.

After that time, a promoter that has not yet started the project must file a new project notice containing the information and documents referred to in section 11.

M.O. 2021-06-11, s. 13.

14. The promoter may, between the sixth and the first month preceding the end of the eligibility period for the project, ask the Minister to renew the eligibility period by filing a renewal notice containing, in addition to what is required by section 11, the following information:

(1)  the project code given to the project by the Minister pursuant to section 12;

(2)  a description of any change planned to the project for the new eligibility period.

M.O. 2021-06-11, s. 14.

CHAPTER V QUANTIFICATION OF GHG EMISSION REDUCTIONS ATTRIBUTABLE TO AN ELIGIBLE PROJECT

M.O. 2021-06-11, c. V.

15. The object of the provisions of this Chapter is to

(1)  identify the GHG sources, sinks and reservoirs forming the project boundaries and determine the GHG emission reductions attributable to the project for quantification purposes;

(2)  define the period during which the GHG emission reductions attributable to the project are quantified and specify the calculation methods used for quantification;

(3)  establish the conditions for project monitoring, including the conditions for collecting and recording the data needed to quantify the GHG emission reductions attributable to the project, for installing, using, maintaining, verifying and calibrating the measuring instruments and other equipment used for data collection, for using, maintaining and monitoring the reclamation devices and destruction devices used for the project.

M.O. 2021-06-11, s. 15.

DIVISION I PROJECT BOUNDARIES AND GHG EMISSION REDUCTIONS ATTRIBUTABLE TO THE PROJECT

M.O. 2021-06-11, Div. I.

16. Only the GHG sources, sinks and reservoirs identified in the area of Figure 1 that lies within the dotted line and described in Table 1 of Appendix B may be used by the promoter to quantify the GHG emission reductions attributable to the promoter’s project. The GHG sources, sinks and reservoirs identified in this way form the project boundaries.

M.O. 2021-06-11, s. 16.

17. GHG emission reductions may only be deemed to be attributable to an eligible project for quantification purposes pursuant to this Chapter if no offset credits have previously been issued for those emission reductions pursuant to the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1) and if no credits have been issued under another GHG offset program.

M.O. 2021-06-11, s. 17.

DIVISION II REPORTING PERIOD AND CALCULATION METHODS FOR QUANTIFICATION

M.O. 2021-06-11, Div. II.

§ 1 . — Reporting period

M.O. 2021-06-11, Sd. 1.

18. For the purposes of this Regulation, “reporting period” means a continuous period, within an eligibility period, during which the GHG emission reductions attributable to a project eligible for the issuance of offset credits are quantified in accordance with this Chapter for the issuance of offset credits.

The reporting periods of a project eligible for the issuance of offset credits cover 12 months and succeed each other in an uninterrupted fashion during the eligibility period for the project.

Despite the second paragraph, the first reporting period covers a minimum period of one month and a maximum period of 18 months.

M.O. 2021-06-11, s. 18.

§ 2 . — Calculation methods

M.O. 2021-06-11, Sd. 2.

19. For the purposes of the quantification of the GHG emission reductions attributable to a project during the reporting period, the promoter must use Equation 1:

Equation 1

ER = BE - PE

Where:

ER = GHG emission reductions attributable to the project, in metric tonnes CO2 equivalent;

BE = GHG emissions in the baseline scenario, calculated using Equation 2 in section 20, in metric tonnes CO2 equivalent;

PE = GHG emissions in the project scenario attributable to fossil fuel consumption, calculated using Equation 9 in section 22, in metric tonnes CO2 equivalent.

M.O. 2021-06-11, s. 19.

20. For the purposes of the quantification of the GHG emission reductions attributable to a project, the promoter must calculate the GHG emissions in the baseline scenario using Equations 2 to 8:

Equation 2

BE = CH4R-D × GWPCH4 × (1 - OX)

Where:

BE = GHG emissions in the baseline scenario, in metric tonnes CO2 equivalent;

CH4R-D = Total quantity of CH4 reclaimed or destroyed by all reclamation or destruction devices, calculated using Equation 4, in metric tonnes of CH4;

GWPCH4 = Global warming potential of CH4, taken from Schedule A.1 to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);

OX = Factor for the oxidation of CH4 by soil bacteria, using the value established for each of the cases provided for in subparagraphs 1, 2 and 3 below.

The factor for the oxidation of CH4 by soil bacteria is established as follows:

(1)  for closed landfill sites with a geomembrane covering the entire area of the landfill in accordance with the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19), the promoter must use a CH4 oxidation rate of zero (0%);

(2)  for operating landfills, where part of the landfill is filled and covered by a geomembrane meeting the requirements of the Regulation respecting the landfilling and incineration of residual materials, the promoter must use a CH4 oxidation rate of zero (0%) for the zone covered by a geomembrane and a CH4 oxidation rate of 10% for the zone not covered by a geomembrane, and must pro-rate the CH4 oxidation factor based on the zones which are covered and uncovered by a geomembrane using Equation 3;

(3)  for all other landfill sites, the promoter must use a CH4 oxidation factor of 10%.

Equation 3

OX	=	(0% × ACZ) + (10% × ANCZ)
		SCZ + ANCZ

Where:

OX = Factor for the oxidation of CH4 by soil bacteria for the case provided for in subparagraph 2;

ACZ = Area of the landfill site zone that is filled and covered by a geomembrane, in square metres;

ANCZ = Area of the landfill site zone that is operating and not covered by a geomembrane under final cover at the start of the reporting period, in square metres.

Equation 4

Where:

CH4R-D = Total quantity of CH4 reclaimed or destroyed by all reclamation or destruction devices, in metric tonnes of CH4;

i = Reclamation device or destruction device;

n = Number of reclamation or destruction devices;

CH4R-D,i = Quantity of CH4 reclaimed or destroyed by reclamation or destruction device i, calculated using Equation 5, in cubic metres of CH4 at standard conditions;

0.668 = Density of CH4, in kilograms per cubic metre at standard conditions;

0.001 = Conversion factor, kilograms to metric tonnes.

Equation 5

CH4R-D,i = Qi × DEi

Where:

CH4R-D,i = Quantity of CH4 reclaimed or destroyed by reclamation or destruction device i, in cubic metres of CH4 at standard conditions;

Qi = Quantity of CH4 sent to reclamation or destruction device i, calculated using Equation 6, in cubic metres of CH4 at standard conditions;

DEi = Efficiency of reclamation or destruction device i, determined in Appendix A or calculated using Equation 7 for destruction by biological oxidation;

i = Reclamation or destruction device.

Equation 6

Where:

Qi = Quantity of CH4 sent to reclamation or destruction device i, in cubic metres of CH4 at standard conditions;

t = Time interval shown in the table of monitoring parameters in Appendix D for which CH4 flow and content measurements from the landfill gas are aggregated;

n = Number of time intervals;

VLGi,t = Corrected volume of landfill gas sent to reclamation or destruction device i during time interval t, measured using a flow meter in cubic metres at standard conditions or calculated in accordance with section 21;

CCH4,t = Average concentration of CH4 in the landfill gas during time interval t, measured using a continuous CH4 analyzer, in cubic metres of CH4 per cubic metre of landfill gas.

Equation 7

DEi	=	(COE-CH4 – COO-CH4
		COE-CH4

Where:

DEi = Efficiency of biological oxidation destruction device i, in cubic metres of CH4 per cubic metre of landfill gas;

CoE-CH4 = Average CH4 concentration of the gas entering the biological oxidation destruction device, measured using a continuous CH4 analyzer, in cubic metres of CH4 per cubic metre of landfill gas;

COO–CH4 = Average CH4 concentration of the gas at the outlet of the biological oxidation destruction device, measured using a continuous CH4 analyzer, in cubic metres of CH4 per cubic metre of landfill gas.

M.O. 2021-06-11, s. 20.

21. When the flow meter used for quantification purposes does not correct for the temperature and pressure of the landfill gas at standard conditions, the promoter must measure the landfill gas pressure and temperature separately and correct the uncorrected flow values using Equation 8. The promoter must then use the corrected flow values for quantification purposes.

Equation 8

VLGi,t	=	VLGuncorrected	×	293.15	×	P
				T		101.325

Where:

VLGi,t = Corrected volume of landfill gas sent to reclamation or destruction device i during time interval t, in cubic metres at standard conditions;

i = Reclamation or destruction device;

t = Time interval shown in the table of monitoring parameters in Appendix D for which CH4 flow and content measurements from the landfill gas are aggregated;

VLGuncorrected = Uncorrected volume of the landfill gas captured for the given time interval, measured using a flow meter, in cubic metres;

T = Measured temperature of the landfill gas for the given time interval, in Kelvin (°C + 273.15);

P = Measured pressure of the landfill gas for the given time interval, in kilopascals.

M.O. 2021-06-11, s. 21.

22. For the purposes of the quantification of the GHG emission reductions attributable to a project, the promoter must calculate the GHG emissions in the project scenario attributable to fossil fuel consumption using Equation 9:

Equation 9

Where:

PE = GHG emissions in the project scenario attributable to fossil fuel consumption, in metric tonnes CO2 equivalent;

f = Type of fossil fuel;

n = Number of types of fossil fuel;

FFf = Total quantity of fossil fuel f consumed, expressed

— in kilograms, in the case of fuels whose quantity is expressed as a mass;

— in cubic metres at standard conditions, in the case of fuels whose quantity is expressed as a volume of gas;

— in litres, in the case of fuels whose quantity is expressed as a volume of liquid;

EFCO2,f = CO2 emission factor for fossil fuel f specified in Tables 1-3 to 1-8 of QC.1.7 in Schedule A.2 to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), expressed

— in kilograms of CO2 per kilogram, in the case of fuels whose quantity is expressed as a mass;

— in kilograms of CO2 per cubic metre at standard conditions, in the case of fuels whose quantity is expressed as a volume of gas;

— in kilograms of CO2 per litre, in the case of fuels whose quantity is expressed as a volume of liquid;

10-3 = Conversion factor, kilograms to metric tonnes;

EFCH4,f = CH4 emission factor for fossil fuel f specified in Tables 1-3 to 1-8 of QC.1.7 in Schedule A.2 to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere, expressed

— in grams of CH4 per kilogram, in the case of fuels whose quantity is expressed as a mass;

— in grams of CH4 per cubic metre at standard conditions, in the case of fuels whose quantity is expressed as a volume of gas;

— in grams of CH4 per litre, in the case of fuels whose quantity is expressed as a volume of liquid;

GWPCH4 = Global warming potential of CH4 taken from Schedule A.1 to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

10-6 = Conversion factor, grams to metric tonnes;

EFN2O,f = N2O emission factor for fossil fuel f specified in Tables 1-3 to 1-8 of QC.1.7 in Schedule A.2 to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere, expressed

— in grams of N2O per kilogram, in the case of fuels whose quantity is expressed as a mass;

— in grams of N2O per cubic metre at standard conditions, in the case of fuels whose quantity is expressed as a volume of gas;

— in grams of N2O per litre, in the case of fuels whose quantity is expressed as a volume of liquid;

GWPN2O = Global warming potential of N2O taken from Schedule A.1 to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere.

M.O. 2021-06-11, s. 22.

§ 3 . — Missing data

M.O. 2021-06-11, Sd. 3.

23. Where the data needed to quantify the GHG emission reductions attributable to an eligible project are missing and the following conditions are met, the promoter uses the data replacement methods set out in Appendix C if

(1)  the missing data concern the CH4 concentration or flow rate measurements for landfill gas that are discontinuous, non-chronic and due to unforeseen circumstances;

(2)  the missing data concern either landfill gas flow rate measurements, or landfill gas CH4 concentration, but not both at the same time;

(3)  the proper functioning of the reclamation or destruction device can be shown by thermocouple readings for a flare, or by the monitoring device for a reclamation or destruction device for any other reclamation or destruction device;

(4)  the missing data concern landfill gas flow rate measurements, a continuous analyzer is used to measure the CH4 concentration and it is shown that the CH4 concentration was consistent with normal operations for the time when the data are missing; and

(5)  the missing data concern the CH4 concentration measurements and it is shown that the landfill gas flow rate was consistent with normal operations for the time when the data are missing.

M.O. 2021-06-11, s. 23.

DIVISION III CONDITIONS APPLICABLE TO PROJECT MONITORING

M.O. 2021-06-11, Div. III.

24. The promoter is responsible for project monitoring, which includes all tasks relating to the collecting and recording of the data needed to quantify the GHG emission reductions attributable to the project, all tasks relating to the installation, use, maintenance, verification and calibration of the measurement instruments and other equipment used for data collection, and to the use, maintenance and monitoring of reclamation and destruction devices.

The promoter must ensure that the measurement and monitoring of monitoring parameters are carried out in accordance with the table in Appendix D.

M.O. 2021-06-11, s. 24.

§ 1 . — Installation and use of measurement instruments and other equipment

M.O. 2021-06-11, Sd. 1.

25. Every measurement instrument or other equipment used for quantification purposes pursuant to this Chapter must be installed and used in accordance with the manufacturer’s instructions, be maintained in good working order and work reliably during operating hours.

In addition, the flow meter and the CH4 analyzer for the landfill gas must meet the following conditions:

(1)  they must not be separated by a component that eliminates moisture;

(2)  they must be installed in a way that allows them to measure the gas flow and CH4 concentration in the landfill gas sent to the reclamation or destruction device before any additional fuel is added.

M.O. 2021-06-11, s. 25.

26. Every landfill gas flow meter and CH4 analyzer used by the promoter to quantify the GHG emission reductions attributable to the project must measure

(1)  the flow of landfill gas before it is sent to the reclamation or destruction device, continuously and recorded every 15 minutes or totalized and recorded at least daily, adjusted for temperature and pressure; and

(2)  the CH4 concentration of the landfill gas sent to the reclamation or destruction device, continuously, recorded every 15 minutes and totalized as a daily average.

When temperature and pressure must be measured to correct flow values at standard conditions, the parameters must be measured continuously.

M.O. 2021-06-11, s. 26.

§ 2 . — Maintenance, verification and calibration of measurement instruments

M.O. 2021-06-11, Sd. 2.

27. Every landfill gas flow meter and CH4 analyzer used for quantification purposes pursuant to this Chapter must be maintained, cleaned and inspected as specified in the project’s monitoring plan and at the minimum maintenance, cleaning and inspection frequency specified by the manufacturer.

In addition, not more than 3 months before the end date of the reporting period for which quantification is carried out, the promoter must

(1)  have the accuracy of every flow meter used verified by a qualified person. The person must, for that purpose, use a Type L Pitot tube or a reference flow meter with a valid calibration certificate issued by the manufacturer or by a third party certified for that purpose, and compare the values obtained using those instruments with the values measured by the flow meter used for the project; and

(2)  for every CH4 analyzer used, either

(a)  have the accuracy of the CH4 analyzer verified by a qualified person. The person must, for that purpose, use a reference device with a valid calibration certificate issued by the manufacturer or by a third person certified for that purpose, and compare the values obtained using those instruments with the values measured by the CH4 analyzer used for the project; or

(b)  have the CH4 analyzer calibrated by the manufacturer or by a third party certified for that purpose by the manufacturer.

The promoter must also have the CH4 analyzer calibrated at the frequency specified by the manufacturer or, if that frequency is greater than 5 years, every 5 years.

The verification of the accuracy of flow meters and CH4 analyzers performed in accordance with the second paragraph must determine if the relative error in the reading of volumetric flow or CH4 concentration is within a +/-5% range from the reference value calculated using the following equation:

Relative error (%)	=	Mproject inst – Mreference inst	×	100
		Mproject inst

Where:

Relative error = Percentage difference between the measurements of the volumetric flow or CH4 concentration of landfill gas by project instruments compared to the reference instruments;

Mproject inst = Measurement instruments for the project, being the volumetric flow of landfill gas measured by the flow meter for the project or the CH4 concentration in the landfill gas by the CH4 analyzer for the project;

Mreference inst = Measurement made by reference instruments, being the volumetric flow of landfill gas measured by a reference flow meter or Type L Pitot tube, or the measurement of the CH4 concentration in the landfill gas by a reference CH4 analyzer.

M.O. 2021-06-11, s. 27.

28. When the verification of the accuracy of the measurement instruments in accordance with section 27 shows that the volumetric flows of landfill gas as measured by the flow meters or the CH4 concentration measured by the reference CH4 analyzers have a relative error outside the +/-5% range, the promoter must take the necessary corrective actions, such as cleaning or adjusting the sensor on the instruments, as specified by the manufacturer. The promoter must then verify the accuracy of the instruments again.

When the corrective actions taken by the promoter do not, following a new verification, ensure that the instruments can maintain a relative error within the +/-5% range, the promoter must have the instruments calibrated by the manufacturer or by a third party certified by the manufacturer. The calibration must be performed not more than 2 months after the end date of the reporting period for which quantification is carried out.

M.O. 2021-06-11, s. 28.

29. Data collected by a measurement instrument between the time of the last verification of the accuracy of the instrument with a relative error within the +/-5% range and the time when a calibration is performed pursuant to the second paragraph of section 28 must be used or corrected to quantify the GHG emission reductions attributable to the project as follows:

(1)  when the relative error calculated using the equation referred to in the fourth paragraph of section 27 is negative, the promoter must use the measured values without correction;

(2)  when the relative error calculated using the equation referred to in the fourth paragraph of section 27 is positive, the promoter must correct the measurement of the volumetric flow of the landfill gas by the project flow meters or the measurements of CH4 concentrations by the project analyzers by multiplying the flow or concentration measurement by the relative error obtained using that equation.

M.O. 2021-06-11, s. 29.

§ 3 . — Use, maintenance and monitoring of reclamation or destruction devices

M.O. 2021-06-11, Sd. 3.

30. Every reclamation or destruction device must be used in accordance with the manufacturer’s instructions, be maintained in good working order and work reliably during operating hours.

M.O. 2021-06-11, s. 30.

31. The operating status of reclamation or destruction devices must be monitored and recorded at least hourly, as follows:

(1)  for flares, by reading the thermocouple;

(2)  for other reclamation or destruction devices referred to in Appendix A, using a monitoring device to verify the operating status of the reclamation or destruction device.

Where methane is injected into a natural gas distribution network, or compressed or liquefied before being injected into a natural gas distribution network, the monitoring device used must be placed at the injection station of the natural gas distribution network.

M.O. 2021-06-11, s. 31.

32. If the thermocouple referred to in subparagraph 1 of the first paragraph of section 31 records a reading below 260°C, no GHG emission reductions may be credited for quantification purposes pursuant to this Chapter for the period during which the temperature remains below 260°C.

If a monitoring device for any other reclamation or destruction device, or the reclamation or destruction device itself, is not in good working order, no GHG emission reductions may be credited for quantification purposes pursuant to this Chapter for the period during which the device is not in good working order.

M.O. 2021-06-11, s. 32.

33. In the case of a project to reclaim methane, the quantity of methane emitted into the atmosphere between the measurement of the landfill gas by the promoter at the landfill site and the reclamation device, in particular because of an emergency shutdown, must be measured, and this quantity of methane must be excluded from the quantification of GHG emission reductions attributable to the project.

If gas from other sources is mixed with the landfill gas between the measurement of the landfill gas by the promoter at the landfill site and the reclamation device, the quantity of methane emitted into the atmosphere, in particular because of an emergency shutdown, must be measured, and this quantity must be excluded from the quantification of GHG emission reductions attributable to the project in proportion to the quantity of gas from each gas source. If the quantity of gas emitted into the atmosphere cannot be attributed in proportion with the various sources of reclaimed gas, the total quantity of landfill gas emitted into the atmosphere must be excluded.

M.O. 2021-06-11, s. 33.

34. When the methane is reclaimed by a person or municipality other than the promoter, the promoter must ensure that the conditions of this Division are complied with.

M.O. 2021-06-11, s. 34.

§ 4 . — Monitoring plan

M.O. 2021-06-11, Sd. 4.

35. To ensure monitoring of the project, the promoter must establish a project monitoring plan, which must

(1)  specify the methods used to collect and record the data required for all the monitoring parameters in Appendix D, and specify the frequency of data acquisition;

(2)  specify

(a)  the maintenance, cleaning and inspection frequency specified by the manufacturer;

(b)  the frequency of the maintenance, cleaning and inspection of the equipment used for the project;

(c)  the frequency of the verification of measurement instrument accuracy and calibration, in accordance with subdivision 2 of this Division; and

(d)  the methods used to replace missing data, if applicable, in accordance with subdivision 3 of Division II of this Chapter;

(3)  specify the role of the person responsible for each monitoring activity and the quality assurance and quality control measures taken to ensure that data acquisition and the verification of measurement instrument accuracy and calibration are carried out consistently, precisely and in accordance with this Chapter; and

(4)  include a template for the maintenance logs for project components.

M.O. 2021-06-11, s. 35.

CHAPTER VI PROJECT REPORT

M.O. 2021-06-11, c. VI.

DIVISION I GENERAL CONDITIONS

M.O. 2021-06-11, Div. I.

36. The promoter must produce a project report for each reporting period referred to in section 18 not later than 4 months following the end of the reporting period concerned, with the content specified in Division II of this Chapter.

A promoter whose project ends during a period covering a reporting period is not bound by the requirement in the first paragraph for that reporting period. The promoter must notify the Minister of the situation within 30 days following the end of the reporting period.

M.O. 2021-06-11, s. 36.

37. Every project report verified in accordance with Chapter VII in which the verifier has noted errors, omissions or inaccuracies must be corrected by the promoter before any issuance request for offset credits is made under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1).

M.O. 2021-06-11, s. 37.

38. The promoter must, on request, provide the Minister with the project reports produced.

M.O. 2021-06-11, s. 38.

DIVISION II CONTENTS OF THE PROJECT REPORT

M.O. 2021-06-11, Div. II.

39. The project report produced for the first reporting period of an eligibility period must contain the following information and documents:

(1)  the information needed to identify the promoter and the promoter’s representative, if any;

(2)  where the promoter has retained the services of a professional or of another person to prepare or carry out the project,

(a)  the information needed to identify the professional or person;

(b)  a summary of the tasks entrusted to the professional or person;

(c)  where applicable, a declaration by the professional or person that the information and documents provided are complete and accurate;

(3)  the project code given to the project by the Minister pursuant to section 12;

(4)  a detailed description of the project;

(5)  information about the location of the project;

(6)  the information needed to identify the owner of the project site and the owner’s representative, if any, if the promoter is not the owner;

(7)  when an analysis of the environmental impacts of the project has been performed, a summary of the analysis and its conclusions;

(8)  a copy of any authorization needed to carry out the project;

(9)  information about financial assistance received for the project under any other program for GHG emission reductions;

(10)  a demonstration that the project meets the conditions set out in Division I of Chapter II, including a copy of any relevant document;

(11)  a description of the GHG sources, sinks and reservoirs forming the project boundaries;

(12)  the project monitoring plan referred to in subdivision 4 of Division III of Chapter V;

(13)  a detailed plan showing the layout of the various project components, in particular the measurement instruments and equipment connected with the GHG sources, sinks and reservoirs defining the project boundaries up to the injection point into the natural gas distribution network, if applicable;

(14)  information on the flow meters, CH4 analyzers and reclamation or destruction devices used for the project, including their type, model number, serial number and most recent calibration certificate;

(15)  in the case of a project for a closed landfill site where the entire landfill zone is covered by a geomembrane, a demonstration that the geomembrane and its installation complies with the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19);

(16)  a description of any problem occurring during the operation of the project that may affect the GHG emission reductions attributable to the project;

(17)  the start and end dates for the reporting period covered by the project report;

(18)  the GHG emission reductions attributable to the project for the reporting period quantified annually in accordance with Chapter V, in metric tonnes CO2 equivalent, along with the calculation methods and all the information and documents used for the quantification, including a copy of the raw measurement data used for quantification purposes;

(19)  in the case of a project for an operating landfill site, a demonstration that the site received less than 50,000 metric tonnes of residual materials annually during the reporting period covered by the project report, in accordance with subparagraph 2 of the first paragraph of section 4, including a copy of the operating log for the landfill site project kept by the operator pursuant to the Regulation respecting the landfilling and incineration of residual materials;

(20)  in the case of a project for an operating landfill site, part of which is filled and covered by a geomembrane,

(a)  a demonstration that the geomembrane complies with the Regulation respecting the landfilling and incineration of residual materials; and

(b)  the method used to determine the covered zone and the uncovered zone, in accordance with Equation 3 in subdivision 2 of Division II of Chapter V;

(21)  periods of missing data, the nature of the missing data and the methods used to replace them in accordance with section 23;

(22)  a demonstration that the thermocouple or monitoring device has successfully monitored and confirmed the proper operation of the reclamation or destruction device;

(23)  a copy of the maintenance and monitoring log for all measurement instruments, devices and other project equipment;

(24)  a copy of the verification reports showing the accuracy of all measurement instruments and the calibration certificates referred to in subdivision 2 of Division III of Chapter V;

(25)  where a flow meter has been calibrated, a demonstration that the calibration was performed in variable flow conditions matching the conditions of the landfill site;

(26)  where a CH4 analyzer has been calibrated, a demonstration that the calibration was performed in temperature and pressure conditions matching the conditions of the landfill site;

(27)  where the promoter is not the owner of the project site, a declaration by the owner that the owner has authorized the carrying out of the project by the promoter and undertakes, with respect to the GHG emission reductions covered by the project report, not to make a request for the issuance of offset credits under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1) or for credits under another GHG offset program;

(28)  a declaration by the promoter or the promoter’s representative that no offset credits for the GHG emission reductions covered by the project report have been issued pursuant to the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances and that no credits have been or will be issued under another GHG offset program;

(29)  a declaration by the promoter or the promoter’s representative that the project is carried out in accordance with this Regulation and that the information and documents provided are complete and accurate.

M.O. 2021-06-11, s. 39.

40. Where methane is reclaimed, the project report produced for the first reporting period must also include

(1)  the information needed to identify any person or municipality involved in reclaiming the methane, in particular the person or municipality that purchases the gas, along with a description of the role played in the reclamation by the person or municipality;

(2)  a copy of the contract for the sale of the methane and, where applicable, of any gas that was processed, compressed or liquefied before being reclaimed;

(3)  evidence of the sale of the methane and of the sale of the gas injected, if applicable, including the actual quantities sold during the reporting period;

(4)  a declaration by any person or municipality involved in reclaiming the methane, in particular the person or municipality that purchases the gas, that the person or municipality undertakes, with respect to the GHG emission reductions covered by the project report, not to make a request for the issuance of offset credits under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1) or a request for credits under another GHG offset program.

M.O. 2021-06-11, s. 40.

41. Every subsequent project report must include the following information and documents:

(1)  the information and documents listed in paragraphs 1 to 3 and 16 to 29 of section 39;

(2)  a detailed description of any change made to the project since the end of the preceding reporting period or to the information contained in the project report produced for that period and, where applicable, a demonstration that the project still meets the requirements of Division I of Chapter II and of the project monitoring plan if that plan has been amended.

M.O. 2021-06-11, s. 41.

42. Where methane is reclaimed, every subsequent project report must also include the information and documents listed in paragraphs 3 and 4 of section 40.

M.O. 2021-06-11, s. 42.

CHAPTER VII VERIFICATION

M.O. 2021-06-11, c. VII.

DIVISION I GENERAL CONDITIONS

M.O. 2021-06-11, Div. I.

43. The promoter must entrust every verification of a project report to a verification organization accredited under ISO Standard 14065 by a member of the International Accreditation Forum in Canada or the United States and according to ISO Standard 17011, with respect to the sector of activity for the project.

Despite the first paragraph, the verification of a project report may be entrusted to a verification organization that is not yet accredited, provided it is accredited in accordance with the first paragraph in the year following the verification of the project report.

M.O. 2021-06-11, s. 43.

44. The promoter may entrust the verification of a project report to a verification organization in accordance with section 43 if the organization, the verifier designated by that organization to conduct the verification and the other members of the verification team

(1)  have not acted for the promoter, in the 3 preceding years, as a consultant for the purpose of developing the project or calculating the GHG emission reductions attributable to the project;

(2)  have not verified project reports covering more than six consecutive reporting periods for the project being verified.

In addition, when the promoter wishes to have the project report verified by a verification organization that has not verified the report for the preceding reporting period, that verification organization, the verifier designated by that organization to conduct the verification and the other members of the verification team, must not have verified a project report covering the three preceding reporting periods for that project.

M.O. 2021-06-11, s. 44.

45. In addition to the requirements of the standards ISO 14064-3 and ISO 14065 concerning conflicts of interest, the promoter must ensure that none of the following situations exists between the promoter, its officers, the verification organization and the members of the verification team referred to in section 44:

(1)  a member of the verification team or a close relative of that member has personal ties with the promoter or one of its officers;

(2)  during the 3 years preceding the year of the verification, one of the members of the verification team was employed by the promoter;

(3)  during the 3 years preceding the year of the verification, one of the members of the verification team provided the promoter with one of the following services:

(a)  the design, development, commissioning or maintenance of a data inventory or data management system for GHG emissions from the establishment or facility of the promoter or, where applicable, for data on electricity or fuel transactions;

(b)  the development of GHG emission factors, or the design and development of other data used for quantification purposes for any GHG emission reductions;

(c)  a consultation concerning GHG emission reductions or GHG removals from the atmosphere, in particular the design of an energy efficiency or renewable energy project and the assessment of assets relating to GHG sources, sinks and reservoirs;

(d)  the preparation of manuals, guides or procedures connected with the reporting of the promoter’s GHG emissions under the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);

(e)  consultation in connection with a GHG allowances market, including

i.  brokerage, with or without registration, while acting as a promoter or subscriber on behalf of the promoter;

ii.  advice concerning the suitability of a GHG emissions transaction;

iii.  the holding, purchase, sale, negotiation or withdrawal of emission allowances referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2) ;

(f)  a consultation in the field of health and safety and environmental management, including a consultation leading to ISO 14001 certification;

(g)  actuarial consulting, bookkeeping or other consulting services relating to accounting documents or financial statements;

(h)  a service connected with the management systems of data related to a project of the promoter that is eligible for the issuance of offset credits;

(i)  an internal audit of GHG emissions;

(j)  a service provided in connection with litigation or an inquiry into GHG emissions;

(k)  a consultation for a GHG emission reduction project carried out in accordance with this Regulation or the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1);

(4)  the independent reviewer has previously provided the promoter with a verification service or other services referred to in subparagraph 3 for the reporting periods covered by the verification.

The existence of one of the situations described in the first paragraph or contravening section 44 is considered to be a conflict of interest that invalidates the verification.

For the purposes of this section, a close relative of a member of the verification team is that person’s spouse, child, spouse’s child, mother or father, mother’s or father’s spouse, child’s spouse or spouse’s child’s spouse.

M.O. 2021-06-11, s. 45.

DIVISION II CONDUCT OF THE VERIFICATION

M.O. 2021-06-11, Div. II.

46. The verification of a project report must be conducted in accordance with ISO 14064-3 and also in accordance with the terms and conditions of this Division, and in compliance with the provisions of the Professional Code (chapter C-26).

M.O. 2021-06-11, s. 46.

47. For the purposes of a verification the promoter and, where applicable, the owner of the site, must provide the verifier with any information or document needed for the conduct of the verification and give access to the site where the project is carried out.

M.O. 2021-06-11, s. 47.

48. The verification of a project report must include a project site visit by the verifier, except if such a visit was carried out for the purposes of a verification conducted during the two preceding reporting periods within the same eligibility period.

The site visit must enable the verifier, in particular, to observe the proper conduct and operation of the project and any change made to the project since the preceding verification. During the site visit, the verifier must be accompanied by the promoter.

In cases where the methane is reclaimed by a person or municipality other than the promoter, the promoter must ensure that the verifier has access to all the equipment, facilities and documentation needed to conduct the verification of the project report in accordance with this Division.

M.O. 2021-06-11, s. 48.

49. The verifier must conduct the verification in a way that supports a conclusion, at reasonable level of assurance, that the project report complies with this Regulation and that the GHG emission reductions attributable to the project are quantified and recorded in the project report with no significant errors, omissions or inaccuracies.

For the purposes of this Regulation, “significant errors, omissions or inaccuracies” means any errors, omissions or inaccuracies in the GHG emission reductions attributable to the project quantified and recorded in the project report that, individually or as an aggregate, result in an over-estimate or under-estimate of GHG emission reductions greater than 5%.

M.O. 2021-06-11, s. 49.

50. A verifier who, during a verification, observes an error, omission or inaccuracy in the quantification of the GHG emission reductions attributable to the project, or a failure to comply with a condition of this Regulation, must inform the promoter.

M.O. 2021-06-11, s. 50.

51. A verifier who, following the verification of a project report, concludes, at a reasonable level of assurance, that the report complies with this Regulation and contains no significant errors, omissions or inaccuracies, must give the promoter a positive verification opinion.

A verifier who, following the verification of a project report, observes a failure to comply with a condition for the quantification of GHG emission reductions attributable to the project that cannot be corrected by the promoter must assess its impact on the GHG emission reductions recorded in the project report and determine if it leads to significant errors, omissions or inaccuracies. If a failure to comply with a condition for the quantification of GHG emission reductions cannot be corrected by the promoter but the failure does not lead to significant errors, omissions or inaccuracies, and if the verifier concludes, at a reasonable level of assurance, that the other conditions of the Regulation have been complied with and that there are no significant errors, omissions or inaccuracies, the verifier must give the promoter a qualified positive verification opinion.

M.O. 2021-06-11, s. 51.

DIVISION III VERIFICATION REPORT

M.O. 2021-06-11, Div. III.

52. The verification of a project report must be recorded in a verification report. A verification report may record the verification of several project reports.

M.O. 2021-06-11, s. 52.

53. The verification report must include the following information and documents:

(1)  the information needed to identify the verification organization and the verifier designated to conduct the verification, the other members of the verification team and the independent reviewer;

(2)  the information needed to identify the accreditation organization that accredited the verification organization for the verification, the sector of activity covered by the accreditation of the verification organization, and the period of validity of the accreditation;

(3)  the identification of the project, the project report or reports covered by the verification, and the annual GHG emission reductions attributable to the project quantified for each reporting period concerned, in metric tonnes CO2 equivalent;

(4)  the verification plan and a description of the activities completed by the verifier to verify the project report or reports, along with all exchanges of information and documents between the verifier and the promoter for the purposes of the verification;

(5)  the period during which the verification was conducted, and the date of any project site visit;

(6)  a list of any errors, omissions or inaccuracies observed in the quantification of the GHG emission reductions attributable to the project, and of any conditions of this Regulation that have not been met, including the following information concerning the error, omission or inaccuracy, or the condition:

(a)  its description;

(b)  the date on which the promoter was informed of it;

(c)  where applicable, a description of any action taken by the promoter to correct it, and the date of that action;

(d)  in the case of a failure to comply with a condition governing the quantification of the GHG emission reductions attributable to the project that cannot be corrected by the promoter, an assessment of the impact of the failure on the quantification of GHG emission reductions and a notice from the verifier concerning any significant errors, omissions or inaccuracies that may result from that failure;

(7)  if applicable, the version and date of each project report revised during the verification;

(8)  where the verifier observes errors, omissions or inaccuracies in the quantification of GHG emission reductions attributable to the project, the annual GHG emission reductions for each reporting period which, according to the verifier, are actually attributable to the project, in metric tonnes CO2 equivalent;

(9)  the verification opinion given to the promoter pursuant to section 51, along with the justification for the opinion;

(10)  a declaration by the verification organization and verifier that the verification was conducted in accordance with this Regulation and ISO 14064-3;

(11)  a declaration concerning conflicts of interest, including

(a)  the information needed to identify the verification organization, the members of the verification team and the independent reviewer;

(b)  a copy of the organization chart for the verification organization;

(c)  a declaration by the representative of the verification organization that the conditions of sections 44 and 45 of this Regulation have been met and that the risk of conflict of interest is acceptable.

M.O. 2021-06-11, s. 53.

CHAPTER VIII ADMINISTRATIVE AND PENAL

M.O. 2021-06-11, c. VIII.

DIVISION I MONETARY ADMINISTRATIVE PENALTIES

M.O. 2021-06-11, Div. I.

54. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in other cases may be imposed on any person who

(1)  in contravention of this Regulation, refuses or fails to file any notice, information, report or other document, or fails to produce it within the required time;

(2)  contravenes the first and second paragraphs of section 10, the first paragraph of section 43 or the first paragraph of section 47;

(3)  contravenes any other requirement of this Regulation, if no other monetary administrative penalty is otherwise specified for that contravention by this Chapter or by the Environment Quality Act (chapter Q-2).

M.O. 2021-06-11, s. 54.

55. A monetary administrative penalty of $1,000 in the case of a natural person or $5,000 in other cases may be imposed on any person who contravenes the first paragraph of section 25, section 30 or section 44.

M.O. 2021-06-11, s. 55.

DIVISION II PENAL SANCTIONS

M.O. 2021-06-11, Div. II.

56. Every person who

(1)  refuses or fails to file any notice, information, report or other document, or fails to produce it within the required time;

(2)  contravenes the first and second paragraphs of section 10, the first paragraph of section 43 or the first paragraph of section 47;

(3)  contravenes any other requirement of this Regulation, if no other penal sanction is otherwise specified for that contravention by this Chapter or by the Environment Quality Act (chapter Q-2);

commits an offence and is liable, in the case of a natural person, to a fine of $3,000 to $100,000 and, in other cases, to a fine of $3,000 to $600,000.

M.O. 2021-06-11, s. 56.

57. Every person who contravenes the first paragraph of section 25, section 30 or section 44 commits an offence and is liable, in the case of a natural person, to a fine of $6,000 to $250,000 and, in other cases, to a fine of $25,000 to $1,500,000.

M.O. 2021-06-11, s. 57.

58. Every person who, for the purposes of this Regulation, communicates to the Minister information that is false or misleading commits an offence and is liable, in the case of a natural person, to a fine of $5,000 to $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 18 months, and, in other cases, to a fine of $15,000 to $3,000,000.

M.O. 2021-06-11, s. 58.

CHAPTER IX TRANSITIONAL AND FINAL

M.O. 2021-06-11, c. IX.

DIVISION I TRANSITIONAL

M.O. 2021-06-11, Div. I.

59. Projects to reduce GHG emissions by the destruction or treatment of methane captured at a landfill site, referred to in Appendix D of the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1) and registered in accordance with Chapter IV of Title III of that Regulation as it read on 14 July 2021, are deemed to be projects eligible for the issuance of offset credits for which a project notice has been filed with the Minister in accordance with section 11 of this Regulation.

The other provisions of this Regulation apply to such projects, with the necessary modifications.

M.O. 2021-06-11, s. 59.

60. Despite section 59, for the purposes of subparagraph 2 of the first paragraph of section 3 of this Regulation to such projects, the “date of filing of the project notice or renewal notice provided for in Chapter IV” means the date of the request for registration or renewal pursuant, as the case may be, to section 70.5 or 70.10 of the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1) as it read on 14 July 2021 until the end of the eligibility period during which this Regulation comes into force.

M.O. 2021-06-11, s. 60.

61. Despite section 59, for the purposes of subdivision 2 of Division III of Chapter V of this Regulation, the conditions for the maintenance, verification and calibration of the measurement instruments used by a promoter whose project is deemed to be a project eligible for the issuance of offset credits under that section are the conditions set out in section 7.3 of Part I of Protocol 2 in Appendix D to the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1) as it read on 14 July 2021 until the end of the reporting period during which this Regulation comes into force.

M.O. 2021-06-11, s. 61.

62. Despite the provisions of the Regulation to amend the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (O.C. 824-2021, 2021-06-16, (2021) G.O. 2, 2110), for the purposes of protocols 1, 4 and 5 of Appendix D to the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1), the provisions of sections 70.1, 70.2, 70.3, 70.4, 70.5, 70.7, 70.8, 70.10, 70.11, 70.12, 70.13, 70.14 insofar as it provides for the contents of a project report, 70.15, 70.15.1, 70.16, 70.17, 70.18, 70.19, 70.22, 71, 72, 74, 75 and 75.2 of that Regulation, as they read on 14 July 2021, continue to apply to the projects covered by those protocols until the latter are replaced.

M.O. 2021-06-11, s. 62.

63. (Amendment integrated into c. Q-2, r. 46.1, Appendix D).

M.O. 2021-06-11, s. 63.

DIVISION II FINAL

M.O. 2021-06-11, Div. II.

64. (Omitted).

M.O. 2021-06-11, s. 64.

APPENDIX A

(s. 2)

RECLAMATION AND DESTRUCTION DEVICES, CONDITIONS OF USE P AND EFFICIENCY

Destruction device	Condition of use	Efficiency
Open flare		0.96
Enclosed flare		0.995
Biological oxidation	The concentration of methane to be destroyed in the landfill gas must be equal to or below 20%	To be calculated using Equation 7
Reclamation device		Efficiency
Internal combustion engine		0.936
Boiler		0.98
Microturbine or large gas turbine		0.995
Station for injection into a natural gas distribution network		0.98
Compression or liquefaction station for injection into a natural gas distribution network		0.95

M.O. 2021-06-11, App. A.

APPENDIX B

(s. 16)

PROJECT BOUNDARIES

  

M.O. 2021-06-11, App. B.

APPENDIX C

(s. 23)

REPLACEMENT METHODS FOR MISSING DATA

  

M.O. 2021-06-11, App. C.

APPENDIX D

(ss. 20, 21, 24 and 35)

MONITORING PARAMETERS

Parameter	Description of parameter	Unit of measurement	Method	Frequency of measurement	Equation #
ACZ	Area of the landfill site zone that is filled and covered by a geomembrane	Square metre	Measured	At the start of each reporting period	3
ANCZ	Area of the landfill site zone that is operating and not covered by a geomembrane under final cover	Square metre	Measured	At the start of each reporting period	3
VLGi,t	Corrected volume of landfill gas sent to reclamation or destruction device i, during time interval t	Cubic metre at standard conditions	Measured	Continuous and recorded at least every 15 minutes or totalized as an average at least daily	6
CCH4,t	Average concentration of CH4 in landfill gas during time interval t	Cubic metre of CH4 per cubic metre of landfill gas at standard conditions	Measured	Continuous and recorded at least every 15 minutes and totalized as an average at least daily	6
COE-CH4	Average CH4 concentration of gas entering the biological oxidation destruction device	In cubic metres of CH4 per cubic metre of landfill gas	Measured	Continuous	7
COo-CH4	Average CH4 concentration of gas leaving the biological oxidation destruction device	In cubic metres of CH4 per cubic metre of landfill gas	Measured	Continuous	7
VLGuncorrected	Uncorrected volume of landfill gas captured for the given time interval	Cubic metre	Measured	Only where flow data are not adjusted at standard conditions	8
T	Temperature of landfill gas	°C	Measured	Continuous	8
P	Pressure of landfill gas	KPa	Measured	Continuous	8
CFf	Total fossil fuels f consumed	Kilogram (solid) Cubic metre at standard conditions (gas) Litres (liquid)	Calculated using purchasing register for fossil fuels	At each reporting period	9
N/A	Annual tonnage of residual materials	Metric tonnes	Calculated using operating logs	Annual	N/A
N/A	Operating status of reclamation or destruction devices	Degree Celsius or other, in accordance with this Division	Measured for each reclamation or destruction device	Hourly	N/A
N/A	Operating status of thermocouple or monitoring device for a reclamation or destruction device		Measured	At least hourly for a thermocouple and to be determined for other monitoring devices	N/A

M.O. 2021-06-11, App. D.

REFERENCES

M.O. 2021-06-11, 2021 G.O. 2, 2199