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

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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.
2021-06-11M.O. 2021-06-11, s. 45.
In force: 2021-07-15
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.
2021-06-11M.O. 2021-06-11, s. 45.