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

Section 3 Disposition versions

2022-09-01

3. For the purposes of this Regulation,

(1)  “biomass fuel” means any fuel whose entire energy generating capacity is derived from biomass;

(2)  “biomass” means a non-fossilized plant or part of a plant, an animal carcass or part of an animal, manure, liquid manure, a micro-organism and any other product derived from such matters;

(3)  “emissions report” means a greenhouse gas emissions report made in accordance with Division II.1 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);

(4)  “compliance deadline” means the deadline referred to in the first paragraph of section 21 for covering greenhouse gas emissions in a compliance period;

(4.1)  “officer” means the president, chief executive officer, chief operating officer, chief financial officer or secretary of a legal person or partnership or any person having similar functions, and any person designated as such by a resolution of the board of directors;

(5)  “emission allowance” means any emission allowance referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2), namely a greenhouse gas emission unit, offset credit or early reduction credit, and any emission allowance issued by a partner entity, each allowance having a value corresponding to one metric ton of greenhouse gas CO2 equivalent;

(6)  “reported emissions” means greenhouse gas emissions that are

(a)  reported in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere but that do not need to be verified pursuant to that Regulation; or

(b)  calculated using data provided by the emitter when the emitter was not required, prior to 1 January 2011, to report emissions pursuant to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(7)  “verified emissions” means the greenhouse gas emissions mentioned in a verification report and, where applicable, a notice of correction in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere, in metric tonnes CO2 equivalent or determined by the Minister in accordance with section 6.11 of that Regulation;

(8)  “partner entity” means a government other than the Government of Québec, a department of such a government, an international organization, or an agency of such a government or organization, with which an agreement has been entered into in accordance with section 46.14 of the Environment Quality Act and that is referred to in Appendix B.1 to this Regulation;

(9)  “covered establishment” means an establishment referred to in the first paragraph of section 2 or in section 2.1 or an enterprise referred to in the second paragraph of section 2, for which the emitter is required to cover greenhouse gas emissions in accordance with Chapter III of Title II;

(9.1)  “newly operational establishment” means an establishment that

(a)  is not considered on a sectoral basis pursuant to Division C of Part II of Appendix C;

(b)  first became operational after 31 December 2022;

(c)  was not covered by a GHG emissions report pursuant to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere before becoming operational;

(d)  emitted into the atmosphere, from its first year of operation, a quantity equal to or greater than 25,000 metric tonnes CO2 equivalent excluding the emissions referred to in the second paragraph of section 6.6 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere, or that is operated by a person or municipality that covered the emissions of the establishment pursuant to subparagraph 3.0.1 of the third paragraph of section 19 or the second paragraph of section 19.0.1 from its first year of operation;

(10)  “greenhouse gas” or “GHG” means one or more of the gases listed in the second paragraph of section 46.1 of the Environment Quality Act, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoruride (SF6), as well as nitrogen trifluoride (NF3);

(10.1)  “working day” means any day other than a Saturday, Sunday or statutory holiday, including statutory holidays in the territory of a partner entity;

(11)  “new facility” means either

(a)  a combination of apparatus and equipment intended for a specific purpose, installed and commissioned on or after 1 January 2012 on the site of a covered establishment to pursue the same type of activity, to which GHS emissions in one of the following quantities are attributable:

i.  a quantity equal to or exceeding 10,000 metric tonnes CO2 equivalent per year;

ii.  a quantity representing over 15% of the average annual emissions of the establishment for the period 2007-2010; or

(b)  part of all of the combination of apparatus and equipment intended for a specific purpose at a covered establishment that is modified and commissioned on or after 1 January 2012 with the result that the establishment pursues a type of activity referred to in Table B of Part I of Schedule C or any other type of activity that it did not previously pursue;

(12)  “compliance periods” means any period for which an emitter is required to cover its greenhouse gas emissions, the first period starting on 1 January 2013 and ending on 31 December 2014, and the following periods are of 3 calendar years as of 1 January 2015;

(12.1)  “promoter” means a person or municipality responsible for the implementation of a project eligible for the issuance of offset credits;

(12.1.1)  “total quantity of reference units” means the quantity of reference units produced or used during a year by an emitter

(a)  for the years 2007 to 2011, calculated using the information provided by the emitter; and

(b)  for the years 2012 and following, mentioned in the verification report in accordance with section 6.9 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(13)  “emissions threshold” means the level of greenhouse gas emissions or, by assimilation, the quantity of fuel determined in the first and second paragraphs of section 2;

(14)  “system” means the cap-and-trade system for greenhouse gas emission allowances;

(15)  “reference unit” means a standard unit of measurement for a raw material used to pursue an activity or for a product resulting from an activity of an emitter, referred to in Table B of Part I of Schedule C.

O.C. 1297-2011, s. 3; O.C. 1184-2012, s. 3; O.C. 1089-2015, s. 2; I.N. 2016-01-01 (NCCP); O.C. 1125-2017, s. 3; O.C. 824-2021, s. 2; O.C. 1462-2022, s. 2.

2021-07-15

3. For the purposes of this Regulation,

(1)  “biomass fuel” means any fuel whose entire energy generating capacity is derived from biomass;

(2)  “biomass” means a non-fossilized plant or part of a plant, an animal carcass or part of an animal, manure, liquid manure, a micro-organism and any other product derived from such matters;

(3)  “emissions report” means a greenhouse gas emissions report made in accordance with Division II.1 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);

(4)  “compliance deadline” means the deadline referred to in the first paragraph of section 21 for covering greenhouse gas emissions in a compliance period;

(4.1)  “officer” means the president, chief executive officer, chief operating officer, chief financial officer or secretary of a legal person or partnership or any person having similar functions, and any person designated as such by a resolution of the board of directors;

(5)  “emission allowance” means any emission allowance referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2), namely a greenhouse gas emission unit, offset credit or early reduction credit, and any emission allowance issued by a partner entity, each allowance having a value corresponding to one metric ton of greenhouse gas CO2 equivalent;

(6)  “reported emissions” means greenhouse gas emissions that are

(a)  reported in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere but that do not need to be verified pursuant to that Regulation; or

(b)  calculated using data provided by the emitter when the emitter was not required, prior to 1 January 2011, to report emissions pursuant to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(7)  “verified emissions” means the greenhouse gas emissions mentioned in a verification report and, where applicable, a notice of correction in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), in metric tonnes CO2 equivalent;

(8)  “partner entity” means a government other than the Government of Québec, a department of such a government, an international organization, or an agency of such a government or organization, with which an agreement has been entered into in accordance with section 46.14 of the Environment Quality Act and that is referred to in Appendix B.1 to this Regulation;

(9)  “covered establishment” means an establishment referred to in the first paragraph of section 2 or in section 2.1 or an enterprise referred to in the second paragraph of section 2, for which the emitter is required to cover greenhouse gas emissions in accordance with Chapter III of Title II;

(10)  

“greenhouse gas” or “GHG” means one or more of the gases listed in the second paragraph of section 46.1 of the Environment Quality Act, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoruride (SF6), as well as nitrogen trifluoride (NF3);

(10.1)  “working day” means any day other than a Saturday, Sunday or statutory holiday, including statutory holidays in the territory of a partner entity;

(11)  “new facility” means either

(a)  a combination of apparatus and equipment intended for a specific purpose, installed and commissioned on or after 1 January 2012 on the site of a covered establishment to pursue the same type of activity, to which GHS emissions in one of the following quantities are attributable:

i.  a quantity equal to or exceeding 10,000 metric tonnes CO2 equivalent per year;

ii.  a quantity representing over 15% of the average annual emissions of the establishment for the period 2007-2010; or

(b)  part of all of the combination of apparatus and equipment intended for a specific purpose at a covered establishment that is modified and commissioned on or after 1 January 2012 with the result that the establishment pursues a type of activity referred to in Table B of Part I of Schedule C or any other type of activity that it did not previously pursue;

(12)  “compliance periods” means any period for which an emitter is required to cover its greenhouse gas emissions, the first period starting on 1 January 2013 and ending on 31 December 2014, and the following periods are of 3 calendar years as of 1 January 2015;

(12.1)  “promoter” means a person or municipality responsible for the implementation of a project eligible for the issuance of offset credits;

(12.1.1)  “total quantity of reference units” means the quantity of reference units produced or used during a year by an emitter

(a)  for the years 2007 to 2011, calculated using the information provided by the emitter; and

(b)  for the years 2012 and following, mentioned in the verification report in accordance with section 6.9 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(13)  “emissions threshold” means the level of greenhouse gas emissions or, by assimilation, the quantity of fuel determined in the first and second paragraphs of section 2;

(14)  “system” means the cap-and-trade system for greenhouse gas emission allowances;

(15)  “”

“reference unit” means a standard unit of measurement for a raw material used to pursue an activity or for a product resulting from an activity of an emitter, referred to in Table B of Part I of Schedule C.

O.C. 1297-2011, s. 3; O.C. 1184-2012, s. 3; O.C. 1089-2015, s. 2; I.N. 2016-01-01 (NCCP); O.C. 1125-2017, s. 3; O.C. 824-2021, s. 2.

2017-11-29

3. For the purposes of this Regulation,

(1)  “biomass fuel” means any fuel whose entire energy generating capacity is derived from biomass;

(2)  “biomass” means a non-fossilized plant or part of a plant, an animal carcass or part of an animal, manure, liquid manure, a micro-organism and any other product derived from such matters;

(3)  “emissions report” means a greenhouse gas emissions report made in accordance with Division II.1 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);

(4)  “compliance deadline” means the deadline referred to in the first paragraph of section 21 for covering greenhouse gas emissions in a compliance period;

(4.1)  “officer” means the president, chief executive officer, chief operating officer, chief financial officer or secretary of a legal person or partnership or any person having similar functions, and any person designated as such by a resolution of the board of directors;

(5)  “emission allowance” means any emission allowance referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2), namely a greenhouse gas emission unit, offset credit or early reduction credit, and any emission allowance issued by a partner entity, each allowance having a value corresponding to one metric ton of greenhouse gas CO2 equivalent;

(6)  “reported emissions” means greenhouse gas emissions that are

(a)  reported in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere but that do not need to be verified pursuant to that Regulation; or

(b)  calculated using data provided by the emitter when the emitter was not required, prior to 1 January 2011, to report emissions pursuant to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(7)  “verified emissions” means the greenhouse gas emissions mentioned in a verification report and, where applicable, a notice of correction in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), in metric tonnes CO2 equivalent;

(8)  “partner entity” means a government other than the Government of Québec, a department of such a government, an international organization, or an agency of such a government or organization, with which an agreement has been entered into in accordance with section 46.14 of the Environment Quality Act and that is referred to in Appendix B.1 to this Regulation;

(9)  “covered establishment” means an establishment referred to in the first paragraph of section 2 or in section 2.1 or an enterprise referred to in the second paragraph of section 2, for which the emitter is required to cover greenhouse gas emissions in accordance with Chapter III of Title II;

(10)  

“greenhouse gas” or “GHG” means one or more of the gases listed in the second paragraph of section 46.1 of the Environment Quality Act, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoruride (SF6), as well as nitrogen trifluoride (NF3);

(10.1)  “working day” means any day other than a Saturday, Sunday or statutory holiday, including statutory holidays in the territory of a partner entity;

(11)  “new facility” means either

(a)  a combination of apparatus and equipment intended for a specific purpose, installed and commissioned on or after 1 January 2012 on the site of a covered establishment to pursue the same type of activity, to which GHS emissions in one of the following quantities are attributable:

i.  a quantity equal to or exceeding 10,000 metric tonnes CO2 equivalent per year;

ii.  a quantity representing over 15% of the average annual emissions of the establishment for the period 2007-2010; or

(b)  part of all of the combination of apparatus and equipment intended for a specific purpose at a covered establishment that is modified and commissioned on or after 1 January 2012 with the result that the establishment pursues a type of activity referred to in Table B of Part I of Schedule C or any other type of activity that it did not previously pursue;

(12)  “compliance periods” means any period for which an emitter is required to cover its greenhouse gas emissions, the first period starting on 1 January 2013 and ending on 31 December 2014, and the following periods are of 3 calendar years as of 1 January 2015;

(12.1)  “promoter” means a person who implements an offset credit project;

(12.1.1)  “total quantity of reference units” means the quantity of reference units produced or used during a year by an emitter

(a)  for the years 2007 to 2011, calculated using the information provided by the emitter; and

(b)  for the years 2012 and following, mentioned in the verification report in accordance with section 6.9 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(13)  “emissions threshold” means the level of greenhouse gas emissions or, by assimilation, the quantity of fuel determined in the first and second paragraphs of section 2;

(14)  “system” means the cap-and-trade system for greenhouse gas emission allowances;

(15)  “”

“reference unit” means a standard unit of measurement for a raw material used to pursue an activity or for a product resulting from an activity of an emitter, referred to in Table B of Part I of Schedule C.

O.C. 1297-2011, s. 3; O.C. 1184-2012, s. 3; O.C. 1089-2015, s. 2; I.N. 2016-01-01 (NCCP); O.C. 1125-2017, s. 3.

2016-01-01

3. For the purposes of this Regulation,

(1)  “biomass fuel” means any fuel whose entire energy generating capacity is derived from biomass;

(2)  “biomass” means a non-fossilized plant or part of a plant, an animal carcass or part of an animal, manure, liquid manure, a micro-organism and any other product derived from such matters;

(3)  “emissions report” means a greenhouse gas emissions report made in accordance with Division II.1 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);

(4)  “compliance deadline” means the deadline referred to in the first paragraph of section 21 for covering greenhouse gas emissions in a compliance period;

(4.1)  “officer” means the president, chief executive officer, chief operating officer, chief financial officer or secretary of a legal person or partnership or any person having similar functions, and any person designated as such by a resolution of the board of directors;

(5)  “emission allowance” means any emission allowance referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2), namely a greenhouse gas emission unit, offset credit or early reduction credit, and any emission allowance issued by a partner entity, each allowance having a value corresponding to one metric ton of greenhouse gas CO2 equivalent;

(6)  “reported emissions” means greenhouse gas emissions that are

(a)  reported in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere but that do not need to be verified pursuant to that Regulation; or

(b)  calculated using data provided by the emitter when the emitter was not required, prior to 1 January 2011, to report emissions pursuant to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(7)  “verified emissions” means the greenhouse gas emissions mentioned in a verification report and, where applicable, a notice of correction in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), in metric tonnes CO2 equivalent;

(8)  “partner entity” means a government other than the Government of Québec, a department of such a government, an international organization, or an agency of such a government or organization, with which an agreement has been entered into in accordance with section 46.14 of the Environment Quality Act and that is referred to in Appendix B.1 to this Regulation;

(9)  “covered establishment” means an establishment referred to in the first paragraph of section 2 or an enterprise referred to in the second paragraph of that section for which the emitter is required to cover greenhouse gas emissions in accordance with Chapter III of Title II;

(10)  “greenhouse gas” or “GHG” means one or more of the gases listed in the second paragraph of section 46.1 of the Environment Quality Act, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoruride (SF6), as well as nitrogen trifluoride (NF3);

(10.1)  “working day” means any day other than a Saturday, Sunday or statutory holiday, including statutory holidays in the territory of a partner entity;

(11)  “new facility” means either

(a)  a combination of apparatus and equipment intended for a specific purpose, installed and commissioned on or after 1 January 2012 on the site of a covered establishment to pursue the same type of activity, to which GHS emissions in one of the following quantities are attributable:

i.  a quantity equal to or exceeding 25,000 metric tonnes CO2 equivalent;

ii.  a quantity representing over 15% of the average annual emissions of the establishment for the period 2007-2010; or

(b)  part of all of the combination of apparatus and equipment intended for a specific purpose at a covered establishment that is modified and commissioned on or after 1 January 2012 with the result that the establishment pursues a type of activity referred to in Table B of Part I of Schedule C or any other type of activity that it did not previously pursue;

(12)  “compliance periods” means any period for which an emitter is required to cover its greenhouse gas emissions, the first period starting on 1 January 2013 and ending on 31 December 2014, and the following periods are of 3 calendar years as of 1 January 2015;

(12.1)  “promoter” means a person who implements an offset credit project;

(12.2)  “total quantity of reference units” means the quantity of reference units produced or used during a year by an emitter

(a)  for the years 2007 to 2011, calculated using the information provided by the emitter; and

(b)  for the years 2012 and following, mentioned in the verification report in accordance with section 6.9 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(13)  “emissions threshold” means the level of greenhouse gas emissions or, by assimilation, the quantity of fuel determined in the first and second paragraphs of section 2;

(14)  “system” means the cap-and-trade system for greenhouse gas emission allowances;

(15)  “reference unit” means a standard unit of measurement for a raw material used to pursue an activity or for a product resulting from an activity of an emitter, referred to in Table B of Part I of Schedule C.

O.C. 1297-2011, s. 3; O.C. 1184-2012, s. 3; O.C. 1089-2015, s. 2; I.N. 2016-01-01 (NCCP).

2015-12-31

3. For the purposes of this Regulation,

(1)  “biomass fuel” means any fuel whose entire energy generating capacity is derived from biomass;

(2)  “biomass” means a non-fossilized plant or part of a plant, an animal carcass or part of an animal, manure, liquid manure, a micro-organism and any other product derived from such matters;

(3)  “emissions report” means a greenhouse gas emissions report made in accordance with Division II.1 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);

(4)  “compliance deadline” means the deadline referred to in the first paragraph of section 21 for covering greenhouse gas emissions in a compliance period;

(4.1)  “officer” means the president, chief executive officer, chief operating officer, chief financial officer or secretary of a legal person or partnership or any person having similar functions, and any person designated as such by a resolution of the board of directors;

(5)  “emission allowance” means any emission allowance referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2), namely a greenhouse gas emission unit, offset credit or early reduction credit, and any emission allowance issued by a partner entity, each allowance having a value corresponding to one metric ton of greenhouse gas CO2 equivalent;

(6)  “reported emissions” means greenhouse gas emissions that are

(a)  reported in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere but that do not need to be verified pursuant to that Regulation; or

(b)  calculated using data provided by the emitter when the emitter was not required, prior to 1 January 2011, to report emissions pursuant to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(7)  “verified emissions” means the greenhouse gas emissions mentioned in a verification report and, where applicable, a notice of correction in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), in metric tonnes CO2 equivalent;

(8)  “partner entity” means a government other than the Government of Québec, a department of such a government, an international organization, or an agency of such a government or organization, with which an agreement has been entered into in accordance with section 46.14 of the Environment Quality Act and that is referred to in Appendix B.1 to this Regulation;

(9)  “covered establishment” means an establishment referred to in the first paragraph of section 2 or an enterprise referred to in the second paragraph of that section for which the emitter is required to cover greenhouse gas emissions in accordance with Chapter III of Title II;

(10)  “greenhouse gas” or “GHG” means one or more of the gases listed in the second paragraph of section 46.1 of the Environment Quality Act, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoruride (SF6), as well as nitrogen trifluoride (NF3);

(10.1)  “business day” means any day other than a Saturday, Sunday or statutory holiday, including statutory holidays in the territory of a partner entity;

(11)  “new facility” means either

(a)  a combination of apparatus and equipment intended for a specific purpose, installed and commissioned on or after 1 January 2012 on the site of a covered establishment to pursue the same type of activity, to which GHS emissions in one of the following quantities are attributable:

i.  a quantity equal to or exceeding 25,000 metric tonnes CO2 equivalent;

ii.  a quantity representing over 15% of the average annual emissions of the establishment for the period 2007-2010; or

(b)  part of all of the combination of apparatus and equipment intended for a specific purpose at a covered establishment that is modified and commissioned on or after 1 January 2012 with the result that the establishment pursues a type of activity referred to in Table B of Part I of Schedule C or any other type of activity that it did not previously pursue;

(12)  “compliance periods” means any period for which an emitter is required to cover its greenhouse gas emissions, the first period starting on 1 January 2013 and ending on 31 December 2014, and the following periods are of 3 calendar years as of 1 January 2015;

(12.1)  “promoter” means a person who implements an offset credit project;

(12.2)  “total quantity of reference units” means the quantity of reference units produced or used during a year by an emitter

(a)  for the years 2007 to 2011, calculated using the information provided by the emitter; and

(b)  for the years 2012 and following, mentioned in the verification report in accordance with section 6.9 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(13)  “emissions threshold” means the level of greenhouse gas emissions or, by assimilation, the quantity of fuel determined in the first and second paragraphs of section 2;

(14)  “system” means the cap-and-trade system for greenhouse gas emission allowances;

(15)  “reference unit” means a standard unit of measurement for a raw material used to pursue an activity or for a product resulting from an activity of an emitter, referred to in Table B of Part I of Schedule C.

O.C. 1297-2011, s. 3; O.C. 1184-2012, s. 3; O.C. 1089-2015, s. 2.

2012-12-19

3. For the purposes of this Regulation,

(1)  “biomass fuel” means any fuel whose entire energy generating capacity is derived from biomass;

(2)  “biomass” means a non-fossilized plant or part of a plant, an animal carcass or part of an animal, manure, liquid manure, a micro-organism and any other product derived from such matters;

(3)  “emissions report” means a greenhouse gas emissions report made in accordance with Division II.1 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);

(4)  “compliance deadline” means the deadline referred to in the first paragraph of section 21 for covering greenhouse gas emissions in a compliance period;

(4.1)  “officer” means the president, chief executive officer, chief operating officer, chief financial officer or secretary of a legal person or partnership or any person having similar functions, and any person designated as such by a resolution of the board of directors;

(5)  “emission allowance” means any emission allowance referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2), namely a greenhouse gas emission unit, offset credit or early reduction credit, and any emission allowance issued by a partner entity, each allowance having a value corresponding to one metric ton of greenhouse gas CO2 equivalent;

(6)  “reported emissions” means greenhouse gas emissions that are

(a)  reported in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere but that do not need to be verified pursuant to that Regulation; or

(b)  calculated using data provided by the emitter when the emitter was not required, prior to 1 January 2011, to report emissions pursuant to the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(7)  “verified emissions” means the greenhouse gas emissions mentioned in a verification report in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), in metric tonnes CO2 equivalent;

(8)  “partner entity” means a government other than the Government of Québec, a department of such a government, an international organization, or an agency of such a government or organization, with which an agreement has been entered into in accordance with section 46.14 of the Environment Quality Act and that is referred to in Appendix B.1 to this Regulation;

(9)  “covered establishment” means an establishment referred to in the first paragraph of section 2 or an enterprise referred to in the second paragraph of that section for which the emitter is required to cover greenhouse gas emissions in accordance with Chapter III of Title II;

(10)  “greenhouse gas” or “GHG” means one or more of the gases listed in the second paragraph of section 46.1 of the Environment Quality Act, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoruride (SF6), as well as nitrogen trifluoride (NF3);

(10.1)  “business day” means any day other than a Saturday, Sunday or statutory holiday, including statutory holidays in the territory of a partner entity;

(11)  “new facility” means either

(a)  a combination of apparatus and equipment intended for a specific purpose, installed and commissioned on or after 1 January 2012 on the site of a covered establishment to pursue the same type of activity, to which GHS emissions in one of the following quantities are attributable:

i.  a quantity equal to or exceeding 25,000 metric tonnes CO2 equivalent;

ii.  a quantity representing over 15% of the average annual emissions of the establishment for the period 2007-2010; or

(b)  part of all of the combination of apparatus and equipment intended for a specific purpose at a covered establishment that is modified and commissioned on or after 1 January 2012 with the result that the establishment pursues a type of activity referred to in Table B of Part I of Schedule C or any other type of activity that it did not previously pursue;

(12)  “compliance periods” means any period for which an emitter is required to cover its greenhouse gas emissions, the first period starting on 1 January 2013 and ending on 31 December 2014, and the following periods are of 3 calendar years as of 1 January 2015;

(12.1)  “promoter” means a person who implements an offset credit project;

(12.2)  “total quantity of reference units” means the quantity of reference units produced or used during a year by an emitter

(a)  for the years 2007 to 2011, calculated using the information provided by the emitter; and

(b)  for the years 2012 and following, mentioned in the verification report in accordance with section 6.9 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere;

(13)  “emissions threshold” means the level of greenhouse gas emissions determined in section 2;

(14)  “system” means the cap-and-trade system for greenhouse gas emission allowances;

(15)  “reference unit” means a standard unit of measurement for a raw material used to pursue an activity or for a product resulting from an activity of an emitter, referred to in Table B of Part I of Schedule C.

O.C. 1297-2011, s. 3; O.C. 1184-2012, s. 3.

2012-09-01

3. For the purposes of this Regulation,

(1)  “biomass fuel” means any fuel whose entire energy generating capacity is derived from biomass;

(2)  “biomass” means a non-fossilized plant or part of a plant, an animal carcass or part of an animal, manure, liquid manure, a micro-organism and any other product derived from such matters;

(3)  “emissions report” means a greenhouse gas emissions report made in accordance with Division II.1 of the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15);

(4)  “compliance deadline” means the deadline referred to in the first paragraph of section 20 for covering greenhouse gas emissions in a compliance period;

(5)  “emission allowance” means any emission allowance referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2), namely a greenhouse gas emission unit, offset credit or early reduction credit, and any emission allowance issued by a government other than the Government of Québec with which an agreement has been entered into in accordance with section 46.14 of that Act, each allowance having a value corresponding to one metric ton of greenhouse gas CO2 equivalent;

(6)  “reported emissions” means the greenhouse gas emissions reported in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15) but that do not need to be verified pursuant to that Regulation or, where applicable, reported in accordance with the Regulation respecting the annual duty payable to the Green Fund (chapter R-6.01, r. 6), in metric tonnes CO2 equivalent;

(7)  “verified emissions” means the greenhouse gas emissions mentioned in a verification report in accordance with the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (chapter Q-2, r. 15), in metric tonnes CO2 equivalent;

(8)  “related entity” means any person or municipality having a business relationship with another person or municipality within the meaning of subparagraph 1 of the second paragraph of section 9;

(9)  “covered establishment” means an establishment referred to in the first paragraph of section 2 or an enterprise referred to in the second paragraph of that section for which the emitter is required to cover greenhouse gas emissions in accordance with Chapter III of Title II;

(10)  “greenhouse gas” or “GHG” means one or more of the gases listed in the second paragraph of section 46.1 of the Environment Quality Act, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoruride (SF6), as well as nitrogen trifluoride (NF3);

(11)  “new facility” means either

(a)  a combination of apparatus and equipment intended for a specific purpose, installed on or after 1 January 2012 on the site of a covered establishment to pursue the same type of activity, to which GHS emissions in one of the following quantities are attributable:

i.  a quantity equal to or exceeding 25,000 metric tonnes CO2 equivalent;

ii.  a quantity representing over 15% of the average annual emissions of the establishment for the period 2007-2010; or

(b)  part of all of the combination of apparatus and equipment intended for a specific purpose at a covered establishment that is modified on or after 1 January 2012 with the result that the establishment pursues a type of activity referred to in Table B of Part I of Schedule C or any other type of activity that it did not previously pursue;

(12)  “compliance periods” means any period for which an emitter is required to cover its greenhouse gas emissions, the first period starting on 1 January 2013 and ending on 31 December 2014, and the following periods are of 3 calendar years as of 1 January 2015;

(13)  “emissions threshold” means the level of greenhouse gas emissions determined in section 2;

(14)  “system” means the cap-and-trade system for greenhouse gas emission allowances;

(15)  “reference unit” means a standard unit of measurement for a raw material used to pursue an activity or for a product resulting from an activity of an emitter, referred to in Table B of Part I of Schedule C.

O.C. 1297-2011, s. 3.