Q-2, r. 46.1 - Regulation respecting a cap-and-trade system for greenhouse gas emission allowances

Section 70.5 Disposition versions

2021-07-15

70.5. The Minister may require the promoter to replace any offset credit placed for a project under the second paragraph of section 70.4 in the following cases:

(1)  the information or documents provided by the promoter contain false or misleading information;

(2)  the quantification, in accordance with the ministerial regulation that is applicable to the project, of the GHG emission reductions or offset credits corresponding to removals of GHG from the atmosphere attributable to the project contains errors, omissions or inaccuracies;

(3)  the project was not carried out in accordance with the ministerial regulation that is applicable to the project;

(4)  a reduction in GHG emissions or a removal of GHG from the atmosphere for which offset credits are issued pursuant to this regulation has already been credited under another GHG offset program.

The Minister notifies the promoter who must, within 3 months of receiving the notification, place in its general account one emission allowance for each illegitimate offset credit that must be replaced.

The Minister, after being notified that the promoter has placed the offset credits in the general account, deducts the replacement emission allowances designated by the promoter and places them in the invalidation account to be extinguished. The Minister also transfers the number of offset credits placed into the environmental integrity account for the project under third paragraph of section 70.4, in proportion to the number of offset credits replaced by the promoter, into the invalidation account to be extinguished.

Without prejudice to the Minister’s other recourses against the promoter, if the promoter has failed to surrender the replacement emission allowances on the expiry of the 3-month period, the Minister replaces the illegitimate offset credits by withdrawing an equivalent number of offset credits from the environmental integrity account and placing them in the invalidation account to be extinguished.

No offset credit may be issued to the promoter for the project unless the promoter has replaced the illegitimate offset credits within the time limit provided for in the second paragraph.

O.C. 1184-2012, s. 45; O.C. 1138-2013, s. 22; O.C. 902-2014, s. 42; O.C. 1125-2017, s. 38; O.C. 824-2021, s. 4.

2017-11-29

70.5. A promoter wishing to be issued offset credits for a project must, not later than 18 months after the project begins but not exceeding the date of submission of the first report for the project referred to in the third paragraph, apply to the Minister for the project to be registered in the register of offset credit projects by submitting the promoter’s name and professional contact information, the name of the promoter’s enterprise, the promoter’s account numbers and the following project information:

(1)  where applicable, the name and contact information of the person responsible for the promoter’s activities;

(2)  the title and a summary description of the project;

(3)  the protocol applicable to the project, referred to in Appendix D;

(4)  if the application is for a new project or is an application for renewal;

(5)  if the application is for a single project and, if so, the location of the project site;

(6)  if the application is for an aggregation of projects and, if so, the number of projects involved;

(7)  an estimate of the annual and total GHG emissions to be reduced in accordance with this Regulation and the applicable protocol, in metric tonnes CO2 equivalent;

(8)  the duration of the project and the estimated project commencement date;

(9)  the signature of the promoter and the date of the application for registration as well as a declaration attesting that the information provided is accurate.

In the case of a project to reduce GHG emissions that began before a protocol applicable to that type of project was included in Appendix D, the promoter must send an application for registration to the Minister in the 3 years following the date of coming into force of such a protocol.

Not later than 18 months after the project begins, the promoter must submit a first project report to the Minister covering the first project year, complying with sections 70.14 to 70.19 and including, in addition to those stipulated in section 70.14, the following information and documents:

(1)  (subparagraph revoked);

(2)  the title and a detailed description of the project;

(3)  the protocol applicable to the project, listed in Appendix D;

(4)  (subparagraph revoked);

(5)  a description of the places where the project is carried out, including the geographic boundaries and the latitude and longitude of each project site;

(6)  for each site, the GHG sources, sinks and reservoirs targeted by the project;

(7)  when the environmental impacts have been assessed, a copy of the assessment and its conclusions;

(8)  (subparagraph revoked);

(9)  a copy of any authorization required for the project;

(10)  a demonstration that the project meets the conditions of section 70.3, including a copy of any relevant document;

(11)  (subparagraph revoked);

(12)  a data surveillance and management plan meeting the requirements of the protocol applicable to the project;

(13)  a description of the measures taken to ensure compliance with the requirements of this Regulation;

(14)  (subparagraph revoked);

(15)  (subparagraph revoked).

In the case of a promoter referred to in the second paragraph, the first project report under the third paragraph must be sent to the Minister within 6 months from the date of registration and must cover the whole period that began on or after 1 January 2007 and ended on the date of registration.

O.C. 1184-2012, s. 45; O.C. 1138-2013, s. 22; O.C. 902-2014, s. 42; O.C. 1125-2017, s. 38.

2014-10-22

70.5. A promoter wishing to be issued offset credits for a project must, not later than 18 months after the project begins but not exceeding the date of submission of the first report for the project referred to in the second paragraph, apply to the Minister for the project to be registered in the register of offset credit projects by submitting the promoter’s name and professional contact information, the name of the promoter’s enterprise, the promoter’s account numbers and the following project information:

(1)  where applicable, the name and contact information of the person responsible for the promoter’s activities;

(2)  the title and a summary description of the project;

(3)  the protocol applicable to the project, referred to in Appendix D;

(4)  if the application is for a new project or is an application for renewal;

(5)  if the application is for a single project and, if so, the location of the project site;

(6)  if the application is for an aggregation of projects and, if so, the number of projects involved;

(7)  an estimate of the annual and total GHG emissions to be reduced in accordance with this Regulation and the applicable protocol, in metric tonnes CO2 equivalent;

(8)  the duration of the project and the estimated project commencement date;

(9)  the signature of the promoter and the date of the application for registration as well as a declaration attesting that the information provided is accurate.

Not later than 18 months after the project begins, the promoter must submit a first project report to the Minister covering the first project reporting period, complying with sections 70.14 to 70.19 and including, in addition to those stipulated in section 70.14, the following information and documents:

(1)  (subparagraph revoked);

(2)  the title and a detailed description of the project;

(3)  the protocol applicable to the project, listed in Appendix D;

(4)  (subparagraph revoked);

(5)  a description of the places where the project is carried out, including the geographic boundaries and the latitude and longitude of each project site;

(6)  for each site, the GHG sources, sinks and reservoirs targeted by the project;

(7)  when the environmental impacts have been assessed, a copy of the assessment and its conclusions;

(8)  (subparagraph revoked);

(9)  a copy of any authorization required for the project;

(10)  a demonstration that the project meets the conditions of section 70.3, including a copy of any relevant document;

(11)  (subparagraph revoked);

(12)  a data surveillance and management plan meeting the requirements of the protocol applicable to the project;

(13)  a description of the measures taken to ensure compliance with the requirements of this Regulation;

(14)  (subparagraph revoked);

(15)  (subparagraph revoked).

Despite the first paragraph, in the case of an offset credit project that commenced before a protocol applicable to that type of project was listed in Appendix D, the promoter must send the application for registration to the Minister not later than 3 years after the date of coming into force of the relevant protocol.

O.C. 1184-2012, s. 45; O.C. 1138-2013, s. 22; O.C. 902-2014, s. 42.

2013-11-28

70.5. A promoter wishing to be issued offset credits for a project must, before the project begins, apply to the Minister for the project to be registered in the register of offset credit projects by submitting the promoter’s name, professional contact information and account numbers, along with a project plan that includes the following information and documents:

(1)  where applicable, the name and contact information of the person responsible for the promoter’s activities;

(2)  the title and a detailed description of the project;

(3)  the protocol applicable to the project, listed in Appendix D;

(4)  an estimate of the annual and total GHG emissions that will be reduced in accordance with this Regulation and the applicable protocol, in metric tonnes CO2 equivalent;

(5)  a description of the places where the project will be carried out, including the geographic boundaries and the latitude and longitude of each project site;

(6)  for each site, the GHG sources, sinks and reservoirs targeted by the project;

(7)  when the environmental impacts have been assessed, a copy of the assessment and its conclusions;

(8)  the duration of the project and the estimated project commencement date;

(9)  a copy of any authorization required for the project or, if authorization has not yet been granted, a copy of the application for authorization;

(10)  a demonstration that the project meets the conditions of section 70.3, including a copy of any relevant document;

(11)  any information required by the protocol applicable to the project;

(12)  a data surveillance and management plan meeting the requirements of the protocol applicable to the project;

(13)  a description of the measures taken to ensure compliance with the requirements of this Regulation;

(14)  where applicable, all credits issued for the project under a regulatory or voluntary program and any financial assistance received under a GHG emission reduction program;

(15)  the signature of the promoter and the date of presentation of the project plan.

Despite the first paragraph, in the case of an offset credit project that commenced before a protocol applicable to that type of project was listed in Appendix D, the promoter must send the application for registration to the Minister not later than 2 year after the date of coming into force of the relevant protocol.

O.C. 1184-2012, s. 45; O.C. 1138-2013, s. 22.

2012-12-19

70.5. A promoter wishing to be issued offset credits for a project must, before the project begins, apply to the Minister for the project to be registered in the register of offset credit projects by submitting a project plan that includes the following information and documents:

(1)  the promoter’s name, contact information and account numbers;

(2)  the title and a detailed description of the project;

(3)  the protocol applicable to the project, listed in Appendix D;

(4)  an estimate of the annual and total GHG emissions that will be reduced in accordance with this Regulation and the applicable protocol, in metric tonnes CO2 equivalent;

(5)  a description of the places where the project will be carried out, including the geographic boundaries and the latitude and longitude of each project site;

(6)  for each site, the GHG sources, sinks and reservoirs targeted by the project;

(7)  when the environmental impacts have been assessed, a copy of the assessment and a summary of the findings;

(8)  the duration of the project and the estimated project commencement date;

(9)  a copy of any authorization required for the project or, if authorization has not yet been granted, a copy of the application for authorization;

(10)  a demonstration that the project meets the conditions of section 70.3, including a copy of any relevant document;

(11)  any information required by the protocol applicable to the project;

(12)  a data surveillance and management plan meeting the requirements of the protocol applicable to the project;

(13)  a description of the measures taken to ensure compliance with the requirements of this Regulation;

(14)  where applicable, all credits issued for the project under a regulatory or voluntary program and any financial assistance received under a GHG emission reduction program;

(15)  the signature of the promoter and the date of presentation of the project plan.

Despite the first paragraph, in the case of an offset credit project that commenced before a protocol applicable to that type of project was listed in Appendix D, the promoter must send the application for registration to the Minister not later than 2 year after the date of coming into force of the relevant protocol.

O.C. 1184-2012, s. 45.