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

Section 11 Disposition versions

2022-09-01

11. When registering for the system, an emitter or participant that is not a natural person must also designate at least 2 and at most 5 natural persons to act as account representatives and perform any operation within the system on its behalf.

The emitter or participant must also identify a primary account representative who is the resource person to be contacted for any information concerning the emitter or participant.

For the purposes of the designation, the emitter or participant must provide the Minister with the following information and documents:

(1)  the name and contact information of the emitter or participant;

(1.1)  (subparagraph revoked);

(2)  the name and contact information of the designated account representatives;

(3)  a declaration signed by a director or by any other officer, or a resolution of the board of directors of the emitter or participant attesting that the account representatives have been duly designated to act on behalf of the emitter or participant for the purposes of this Regulation;

(4)  an attestation from a notary or advocate confirming the link between an account representative and the emitter or participant who designated the representative;

(5)  a declaration, signed by each of the account representatives, attesting that they have been duly designated for that purpose by the authorized representatives of the emitter or participant, that they accept the duties they have been assigned and that they undertake to comply with the conditions of this Regulation. The declaration must also indicate the name and contact information of any other emitter or participant on whose behalf the account representative acts for that purpose.

The attestation referred to in subparagraph 4 of the third paragraph must be sent to the Minister within 3 months after the date of the attestation.

An emitter or participant that is not a natural person must have at least 2 account representatives at all times, including a primary account representative.

All representations, acts, errors or omissions made by the account representatives in the performance of their duties are deemed to be made by the emitter or participant.

The duties of the account representatives terminate when a request for revocation is received from the emitter or participant. When an emitter or a participant has only 2 representatives, a new account representative must be designated by the emitter or participant within 30 days after the request for revocation is received. The duties of the account representatives also terminate when all the accounts of the emitter or participant are closed.

If the participant is a natural person, any act that must be performed by an account representative pursuant to this Regulation must be performed by the participant.

At the written request of an emitter or participant, the Minister may, before a request for revocation of mandate is sent to the Minister by the emitter or participant under the seventh paragraph, where the urgency of the situation warrants it, withdraw access to the electronic system from one of its account representatives.

O.C. 1297-2011, s. 11; O.C. 1184-2012, s. 10; O.C. 902-2014, s. 9; O.C. 1125-2017, s. 14; O.C. 1462-2022, s. 11.

2017-11-29

11. When registering for the system, an emitter or participant that is not a natural person must also designate at least 2 and at most 5 natural persons to act as account representatives and perform any operation within the system on its behalf.

The emitter or participant must also identify a primary account representative who is the resource person to be contacted for any information concerning the emitter or participant.

For the purposes of the designation, the emitter or participant must provide the Minister with the following information and documents:

(1)  the name and contact information of the emitter or participant;

(1.1)  in the case of an emitter or participant that is not a natural person and is not constituted in Québec, the name and contact information of its attorney designated under section 26 of the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  the name and contact information of the designated account representatives;

(3)  a declaration signed by a director or by any other officer, or a resolution of the board of directors of the emitter or participant attesting that the account representatives have been duly designated to act on behalf of the emitter or participant for the purposes of this Regulation;

(4)  an attestation from a notary or advocate confirming the link between an account representative and the emitter or participant who designated the representative;

(5)  a declaration, signed by each of the account representatives, attesting that they have been duly designated for that purpose by the authorized representatives of the emitter or participant, that they accept the duties they have been assigned and that they undertake to comply with the conditions of this Regulation. The declaration must also indicate the name and contact information of any other emitter or participant on whose behalf the account representative acts for that purpose.

The attestation referred to in subparagraph 4 of the third paragraph must be sent to the Minister within 3 months after the date of the attestation.

An emitter or participant that is not a natural person must have at least 2 account representatives at all times, including a primary account representative.

All representations, acts, errors or omissions made by the account representatives in the performance of their duties are deemed to be made by the emitter or participant.

The duties of the account representatives terminate when a request for revocation is received from the emitter or participant and, when an emitter or a participant has only 2 representatives, only after a new representative has been designated. The duties of the account representatives also terminate when all the accounts of the emitter or participant are closed.

If the participant is a natural person, any act that must be performed by an account representative pursuant to this Regulation must be performed by the participant.

At the written request of an emitter or participant, the Minister may, before a request for revocation of mandate is sent to the Minister by the emitter or participant under the seventh paragraph, where the urgency of the situation warrants it, withdraw access to the electronic system from one of its account representatives.

O.C. 1297-2011, s. 11; O.C. 1184-2012, s. 10; O.C. 902-2014, s. 9; O.C. 1125-2017, s. 14.

2014-10-22

11. When registering for the system, an emitter or participant that is not a natural person must also designate at least 2 and at most 5 natural persons having previously obtained an identifier in accordance with section 10 to act as account representatives and perform any operation within the system on its behalf. At least 1 of the representatives must be domiciled in Québec.

The emitter or participant must also identify, among the account representatives domiciled in Québec, a primary account representative who is the resource person to be contacted for any information concerning the emitter or participant.

For the purposes of the designation, the emitter or participant must provide the Minister with the following information and documents:

(1)  the name and contact information of the emitter or participant and of its chief officer or chief financial officer;

(2)  the name and contact information of the designated account representatives;

(3)  a declaration by the chief officer or chief financial officer or a resolution of the board of directors of the emitter or participant attesting that the account representatives have been duly designated to act on behalf of the emitter or participant for the purposes of this Regulation;

(4)  an attestation from a notary or advocate confirming the link between an account representative and the emitter or participant who designated the representative;

(5)  a declaration, signed by each of the account representatives, attesting that they have been duly designated for that purpose by the authorized representatives of the emitter or participant, that they accept the duties they have been assigned and that they undertake to comply with the conditions of this Regulation. The declaration must also indicate the name and contact information of any other emitter or participant on whose behalf the account representative acts for that purpose.

An emitter or participant that is not a natural person must have at least 2 account representatives at all times, including a primary account representative, at least one of whom is domiciled in Québec.

All representations, acts, errors or omissions made by the account representatives in the performance of their duties are deemed to be made by the emitter or participant.

The duties of the account representatives terminate when a request for revocation is received from the emitter or participant and, when an emitter or a participant has only 2 representatives, only after a new representative has been designated. The duties of the account representatives also terminate when all the accounts of the emitter or participant are closed.

If the participant is a natural person, any act that must be performed by an account representative pursuant to this Regulation must be performed by the participant.

O.C. 1297-2011, s. 11; O.C. 1184-2012, s. 10; O.C. 902-2014, s. 9.

2012-12-19

11. When registering for the system, an emitter or participant that is not a natural person must also designate at least 2 and at most 5 natural persons having previously obtained an identifier in accordance with section 10 to act as account representatives and perform any operation within the system on its behalf. At least 1 of the representatives must be domiciled in Québec.

The emitter or participant must also identify, among the account representatives domiciled in Québec, a primary account representative who is the resource person to be contacted for any information concerning the emitter or participant.

For the purposes of the designation, the emitter or participant must provide the Minister with the following information and documents:

(1)  the name and contact information of the emitter or participant and of its chief officer or chief financial officer;

(2)  the name and contact information of the designated account representatives;

(3)  a declaration by the chief officer or chief financial officer or a resolution of the board of directors of the emitter or participant attesting that the account representatives have been duly designated to act on behalf of the emitter or participant for the purposes of this Regulation;

(4)  an attestation from a notary or advocate confirming the link between an account representative and the emitter or participant who designated the representative;

(5)  a declaration, signed by each of the account representatives, attesting that they have been duly designated for that purpose by the authorized representatives of the emitter or participant, that they accept the duties they have been assigned and that they undertake to comply with the conditions of this Regulation.

An emitter or participant that is not a natural person must have at least 2 account representatives at all times, including a primary account representative, at least one of whom is domiciled in Québec.

All representations, acts, errors or omissions made by the account representatives in the performance of their duties are deemed to be made by the emitter or participant.

The duties of the account representatives terminate when a request for revocation is received from the emitter or participant or, when an emitter or participant has only 2 representatives, when a new representative is designated. The duties of the account representatives also terminate when all the accounts of the emitter or participant are closed.

If the participant is a natural person, any act that must be performed by an account representative pursuant to this Regulation must be performed by the participant.

O.C. 1297-2011, s. 11; O.C. 1184-2012, s. 10.

2012-09-01

11. When an application for registration meets the requirements of this Regulation, the Minister assigns an identification number to the emitter or participant.

The Minister opens a general account under the identification number of the emitter or participant, in which the emission allowances that may be traded are recorded.

The Minister also opens a compliance account under the identification number of the emitter, in which must be recorded the emission allowances used to cover the GHG emissions of its covered establishments at the end of a compliance period.

O.C. 1297-2011, s. 11.