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

Section 9 Disposition versions

2022-09-01

9. Every person or municipality referred to in section 7, 7.2 or 8 must also, when registering for the system, disclose to the Minister any business relationship with an emitter or participant registered for or subject to the system, including those registered with a partner entity, by providing the following information in particular:

(1)  the name of any other emitter or participant with which the applicant is related, and of any other parent legal person, subsidiary or group concerned by the relationship and, upon request, their contact information;

(2)  the type of business relationship between the emitters or participants with which it has a business relationship and their respective status, such as parent legal person, subsidiary, group, partner or other, along with any explanation allowing the business relationship to be understood and the control percentage between each entity, which information may also be provided in the form of a diagram;

(2.1)  where applicable, the general account number of the emitter or participant with which it has a business relationship and, if the emitter or participant is not a natural person, its legal status;

(3)  where applicable, the percentage share of the overall holding limit and of the overall purchasing limit at an auction that is attributed to each related entity in the distributions made, respectively, in accordance with section 33 and the fifth paragraph of section 50;

(4)  in the case of a legal person and at the Minister’s request, the name of every person it employs whose function or family connection makes it reasonable to believe that the natural person could have privileged information about the operation of the system or about the activities of another emitter or participant in the system as well as the measures put in place by that legal person to prevent such information from being used to threaten the integrity of the system.

For the purposes of this section,

(1)  “business relationship” means any direct or indirect relationship between several different emitters or participants when one of them

(a)  holds more than 20% of the securities of another emitter or participant or holds a call provision or call option for such securities;

(b)  shares more than 20% of its officers or directors with another emitter or participant, or may appoint more than 20% of its officers or directors;

(c)  holds more than 20% of the voting rights in another emitter or participant;

(d)  controls over 20% of the business of another emitter or participant by any means; or

(e)  belongs to the same group as another emitter or participant;

(2)  “subsidiary” means a person controlled by another person or by persons controlled by that other person; the subsidiary of a person that is, itself, the subsidiary of another person is deemed to be a subsidiary of that other person;

(3)  “group” means 2 or more persons when

(a)  one is a subsidiary of the other;

(b)  all the persons are subsidiaries of the same person; or

(c)  they are all controlled by the same person;

(4)  “control” means a person that, with regard to another person,

(a)  owns or has control or direction, whether direct or indirect, over securities of the other person or company carrying votes which, if exercised, would entitle the person to elect a majority of the directors of the other person, unless the person holds the voting securities only to secure an obligation;

(b)  in the case of a partnership other than a limited partnership, holds more than 50% of the interests of the partnership or may determine collective decisions;

(c)  in the case of a limited partnership, is the general partner; or

(d)  has, with regard to that other person, a business relationship defined in subparagraphs a, c and d of subparagraph 1 that involves a percentage of over 50%;

(5)  “related entity” means an emitter or a participant that has, in relation with another emitter or participant, as the case may be, the business relationship as defined in subparagraph 1 involving a percentage of over 50%, one of which is the subsidiary of the other, that belongs to the same group as the emitter or participant or that shares an account representative with that emitter or participant who also works for one of them. Two emitters or participants that share a related entity are entities related to each other.

O.C. 1297-2011, s. 9; O.C. 1184-2012, s. 9; O.C. 902-2014, s. 7; O.C. 1089-2015, s. 8; O.C. 1125-2017, s. 11; O.C. 1462-2022, s. 8.

2017-11-29

9. Every person or municipality referred to in section 7, 7.2 or 8 must also, when registering for the system, disclose to the Minister any business relationship with an emitter or participant registered for or subject to the system, including those registered with a partner entity, by providing the following information in particular:

(1)  the name of any other emitter or participant with which the applicant is related, and of any other parent legal person, subsidiary or group concerned by the relationship and, upon request, their contact information;

(2)  the type of business relationship between the emitters or participants with which it has a business relationship and their respective status, such as parent legal person, subsidiary, group, partner or other, along with any explanation allowing the business relationship to be understood and the control percentage between each entity, which information may also be provided in the form of a diagram;

(2.1)  where applicable, the general account number of the emitter or participant with which it has a business relationship and, if the emitter or participant is not a natural person, its legal status;

(3)  where applicable, the percentage share of the overall holding limit and of the overall purchasing limit at an auction that is attributed to each related entity in the distributions made, respectively, in accordance with section 33 and the fifth paragraph of section 50.

For the purposes of this section,

(1)  “business relationship” means any direct or indirect relationship between several different emitters or participants when one of them

(a)  holds more than 20% of the securities of another emitter or participant or holds a call provision or call option for such securities;

(b)  shares more than 20% of its officers or directors with another emitter or participant, or may appoint more than 20% of its officers or directors;

(c)  holds more than 20% of the voting rights in another emitter or participant;

(d)  controls over 20% of the business of another emitter or participant by any means; or

(e)  belongs to the same group as another emitter or participant;

(2)  “subsidiary” means a person controlled by another person or by persons controlled by that other person; the subsidiary of a person that is, itself, the subsidiary of another person is deemed to be a subsidiary of that other person;

(3)  “group” means 2 or more persons when

(a)  one is a subsidiary of the other;

(b)  all the persons are subsidiaries of the same person; or

(c)  they are all controlled by the same person;

(4)  “control” means a person that, with regard to another person,

(a)  owns or has control or direction, whether direct or indirect, over securities of the other person or company carrying votes which, if exercised, would entitle the person to elect a majority of the directors of the other person, unless the person holds the voting securities only to secure an obligation;

(b)  in the case of a partnership other than a limited partnership, holds more than 50% of the interests of the partnership; or

(c)  in the case of a limited partnership, is the general partner;

(5)  “related entity” means any emitter or participant with which the business relationship as defined in subparagraph 1 involves a percentage of over 50%, a subsidiary, or an emitter or participant belonging to the same group, as well as any emitter or participant who share an account representative who also works for one of them.

O.C. 1297-2011, s. 9; O.C. 1184-2012, s. 9; O.C. 902-2014, s. 7; O.C. 1089-2015, s. 8; O.C. 1125-2017, s. 11.

2015-12-31

9. Every person submitting an application for registration to the Minister under sections 7 and 8 must also disclose any business relationship with an emitter or participant registered for the system, including those registered with a partner entity, by providing the following information in particular:

(1)  the name and contact information of any other emitter or participant with which the applicant is related, and of any other parent legal person, subsidiary or group concerned by the relationship;

(2)  the type of business relationship between the emitters or participants with which it has a business relationship and their respective status, such as parent legal person, subsidiary, group, partner or other, along with a brief description of the business relationship and the control percentage between each entity, which information may also be provided in the form of a diagram;

(2.1)  where applicable, the general account number of the emitter or participant with which it has a business relationship, the name and contact information of its primary account representative and, if the emitter or participant is not a natural person, its legal status and the date and place of its constitution;

(3)  where applicable, the percentage share of the overall holding limit and of the overall purchasing limit at an auction that is attributed to each related entity in the distributions made, respectively, in accordance with section 33 and the fifth paragraph of section 50.

For the purposes of this section,

(1)  “business relationship” means any direct or indirect relationship between several different emitters or participants when one of them

(a)  holds more than 20% of the securities of another emitter or participant or holds a call provision or call option for such securities;

(b)  shares more than 20% of its officers or directors with another emitter or participant, or may appoint up to 20% of its officers or directors;

(c)  holds more than 20% of the voting rights in another emitter or participant;

(d)  controls over 20% of the business of another emitter or participant by any means; or

(e)  belongs to the same group as another emitter or participant;

(2)  “subsidiary” means a person controlled by another person or by persons controlled by that other person; the subsidiary of a person that is, itself, the subsidiary of another person is deemed to be a subsidiary of that other person;

(3)  “group” means 2 or more persons when

(a)  one is a subsidiary of the other;

(b)  all the persons are subsidiaries of the same person; or

(c)  they are all controlled by the same person;

(4)  “control” means a person that, with regard to another person,

(a)  owns or has control or direction, whether direct or indirect, over securities of the other person or company carrying votes which, if exercised, would entitle the person to elect a majority of the directors of the other person, unless the person holds the voting securities only to secure an obligation;

(b)  in the case of a partnership other than a limited partnership, holds more than 50% of the interests of the partnership; or

(c)  in the case of a limited partnership, is the general partner;

(5)  “related entity” means any emitter or participant with which the business relationship as defined in subparagraph 1 involves a percentage of over 50%, a subsidiary, or an emitter or participant belonging to the same group, as well as any emitter or participant who share an account representative who also works for one of them.

O.C. 1297-2011, s. 9; O.C. 1184-2012, s. 9; O.C. 902-2014, s. 7; O.C. 1089-2015, s. 8.

2014-10-22

9. Every person submitting an application for registration to the Minister under sections 7 and 8 must also disclose any business relationship with an emitter or participant registered for the system, including those registered with a partner entity, by providing the following information in particular:

(1)  the name and contact information of any other emitter or participant with which the applicant is related, and of any other parent legal person, subsidiary or group concerned by the relationship;

(2)  the type of business relationship between the emitters or participants with which it has a business relationship and their respective status, such as parent legal person, subsidiary, group, partner or other, along with a brief description of the business relationship;

(2.1)  where applicable, the general account number of the emitter or participant with which it has a business relationship, the name and contact information of its primary account representative and, if the emitter or participant is not a natural person, its legal status and the date and place of its constitution;

(3)  where applicable, the percentage share of the overall holding limit and of the overall purchasing limit at an auction that is attributed to each related entity in the distributions made, respectively, in accordance with section 33 and the fifth paragraph of section 50.

For the purposes of this section,

(1)  “business relationship” means any direct or indirect relationship between several different emitters or participants when one of them

(a)  holds more than 20% of the securities of another emitter or participant or holds a call provision or call option for such securities;

(b)  shares more than 20% of its officers or directors with another emitter or participant, or may appoint up to 20% of its officers or directors;

(c)  holds more than 20% of the voting rights in another emitter or participant;

(d)  controls over 20% of the business of another emitter or participant by any means; or

(e)  belongs to the same group as another emitter or participant;

(2)  “subsidiary” means a person controlled by another person or by persons controlled by that other person; the subsidiary of a person that is, itself, the subsidiary of another person is deemed to be a subsidiary of that other person;

(3)  “group” means 2 or more persons when

(a)  one is a subsidiary of the other;

(b)  all the persons are subsidiaries of the same person; or

(c)  they are all controlled by the same person;

(4)  “control” means a person that, with regard to another person,

(a)  owns or has control or direction, whether direct or indirect, over securities of the other person or company carrying votes which, if exercised, would entitle the person to elect a majority of the directors of the other person, unless the person holds the voting securities only to secure an obligation;

(b)  in the case of a partnership other than a limited partnership, holds more than 50% of the interests of the partnership; or

(c)  in the case of a limited partnership, is the general partner;

(5)  “related entity” means any emitter or participant with which the business relationship as defined in subparagraph 1 involves a percentage of over 50%, a subsidiary, or an emitter or participant belonging to the same group, as well as any emitter or participant who share an account representative who also works for one of them.

O.C. 1297-2011, s. 9; O.C. 1184-2012, s. 9; O.C. 902-2014, s. 7.

2012-12-19

9. Every person submitting an application for registration to the Minister under sections 7 and 8 must also disclose any business relationship with an emitter or participant registered for the system, including those registered with a partner entity, by providing the following information in particular:

(1)  the name and contact information of any other emitter or participant with which the applicant is related, and of any other parent legal person, subsidiary or group concerned by the relationship;

(2)  the type of business relationship between the emitters or participants with which it has a business relationship and their respective status, such as parent legal person, subsidiary, group, partner or other, along with a brief description of the business relationship;

(2.1)  where applicable, the general account number of the emitter or participant with which it has a business relationship, the name and contact information of its primary account representative and, if the emitter or participant is not a natural person, its legal status and the date and place of its constitution;

(3)  where applicable, the percentage share of the overall holding limit and of the overall purchasing limit at an auction that is attributed to each related entity in the distributions made, respectively, in accordance with section 33 and the fifth paragraph of section 50.

For the purposes of this section,

(1)  “business relationship” means any direct or indirect relationship between several different emitters or participants when one of them

(a)  holds more than 20% of the securities of another emitter or participant or holds a call provision or call option for such securities;

(b)  shares more than 20% of its officers or directors with another emitter or participant, or may appoint up to 20% of its officers or directors;

(c)  holds more than 20% of the voting rights in another emitter or participant;

(d)  controls over 20% of the business of another emitter or participant by any means; or

(e)  belongs to the same group as another emitter or participant;

(2)  “subsidiary” means a person controlled by another person or by persons controlled by that other person; the subsidiary of a person that is, itself, the subsidiary of another person is deemed to be a subsidiary of that other person;

(3)  “group” means 2 or more persons when

(a)  one is a subsidiary of the other;

(b)  all the persons are subsidiaries of the same person; or

(c)  they are all controlled by the same person;

(4)  “control” means a person that, with regard to another person,

(a)  owns or has control or direction, whether direct or indirect, over securities of the other person or company carrying votes which, if exercised, would entitle the person to elect a majority of the directors of the other person, unless the person holds the voting securities only to secure an obligation;

(b)  in the case of a partnership other than a limited partnership, holds more than 50% of the interests of the partnership; or

(c)  in the case of a limited partnership, is the general partner;

(5)  “related entity” means any emitter or participant with which the business relationship as defined in subparagraph 1 involves a percentage of over 50%, a subsidiary, or an emitter or participant belonging to the same group.

O.C. 1297-2011, s. 9; O.C. 1184-2012, s. 9.

2012-09-01

9. Every emitter or participant that submits an application for registration to the Minister must also disclose any business relationship with another registered emitter or participant, hereinafter referred to as a “related entity”, by providing the following information:

(1)  the name, contact information and system identification number of any other emitter or participant that is a related entity;

(2)  the type of business relationship between the related entities and their respective status, such as parent legal person, subsidiary, group, partner or other, along with a brief description of the business relationship;

(3)  where applicable, the percentage share of the overall holding limit and of the overall purchasing limit at an auction that is attributed to each related entity in the distributions made, respectively, in accordance with section 33 and the third paragraph of section 50.

For the purposes of this section,

(1)  “business relationship” means any direct or indirect relationship between several different emitters or participants when one of them

(a)  holds more than 20% of the securities of another emitter or participant or holds a call provision or call option for such securities;

(b)  shares more than 20% of its officers or directors with another emitter or participant, or may appoint up to 20% of its officers or directors;

(c)  holds more than 20% of the voting rights in another emitter or participant;

(d)  controls over 20% of the business of another emitter or participant by any means; or

(e)  belongs to the same group as another emitter or participant;

(2)  “subsidiary” means a person controlled by another person or by persons controlled by that other person; the subsidiary of a person that is, itself, the subsidiary of another person is deemed to be a subsidiary of that other person;

(3)  “group” means 2 or more persons when

(a)  one is a subsidiary of the other;

(b)  all the persons are subsidiaries of the same person; or

(c)  they are all controlled by the same person;

(4)  “control” means a person that, with regard to another person,

(a)  owns or has control or direction, whether direct or indirect, over securities of the other person or company carrying votes which, if exercised, would entitle the person to elect a majority of the directors of the other person, unless the person holds the voting securities only to secure an obligation;

(b)  in the case of a partnership other than a limited partnership, holds more than 50% of the interests of the partnership; or

(c)  in the case of a limited partnership, is the general partner.

O.C. 1297-2011, s. 9.