Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity (SOR/2018-261)

Sampling and Missing Data

Marginal note:Sampling

• 19 (1) Subject to subsection (2), the determination of the value of the elements related to carbon content referred to in section 18 must be based on fuel samples taken in accordance with this section.

• Marginal note:Carbon content provided by the supplier

  (2) If the supplier of the fuel has provided the carbon content of the fuel, the responsible person can obtain from that supplier the carbon content of the fuel for the specified sampling period and at the specified minimum sampling frequency rather than taking samples in accordance with subsection (3).

• Marginal note:Frequency

  (3) Each fuel sample must be taken at a time and location in the fuel handling system of the facility that provides the following representative samples of the fuel combusted at the applicable minimum frequency:

  • (a) for natural gas, during each sampling period consisting of each year that the unit generates electricity or produces useful thermal energy, two samples taken that year, with each of those samples being taken at least four months after any previous sample has been taken, in accordance with whichever of the following standard that applies:

    • (i) ASTM D4057-12, entitled Standard Practice for Manual Sampling of Petroleum and Petroleum Products,

    • (ii) ASTM D4177-16e1, entitled Standard Practice for Automatic Sampling of Petroleum and Petroleum Products,

    • (iii) ASTM D5287-08(2015), entitled Standard Practice for Automatic Sampling of Gaseous Fuels, and

    • (iv) ASTM F307-13, entitled Standard Practice for Sampling Pressurized Gas for Gas Analysis;

  • (b) for refinery gas, during each sampling period consisting of each day that the unit generates electricity or produces useful thermal energy, one sample per day that is taken at least six hours after any previous sample has been taken, in accordance with any applicable standard referred to in paragraph (a);

  • (c) for a type of liquid fuel or of a gaseous fuel other than refinery gas and natural gas, during each sampling period consisting of each month that the unit generates electricity or produces useful thermal energy, one sample per month that is taken at least two weeks after any previous sample has been taken, in accordance with any of the standards referred to in paragraph (a); and

  • (d) for a solid fuel, one composite sample per month that consists of sub-samples, each having the same mass, that are taken from the fuel that is fed for combustion during each week that begins in that month and during which the unit generates electricity or produces useful thermal energy, and after all fuel treatment operations have been carried out but before any mixing of the fuel from which the sub-sample is taken with other fuels, and at least 72 hours after any previous sub-sample has been taken.

• Marginal note:Additional samples

  (4) For greater certainty, the responsible person who, for the purposes of these Regulations, takes more samples than the minimum required under subsection (3) must make the determination referred to in subsection (1) based on each sample taken — and in the case of composite samples, each sub-sample taken — including those additional samples.

• Marginal note:Significantly modified boiler units

  (5) In the case of a boiler unit referred to in subsection 3(4), one fuel sample is required for the initial performance test and each subsequent performance test and it must be taken in accordance with one of the applicable standards set out in subparagraphs (3)(a)(i) to (iv).

Marginal note:Missing data

• 20 (1) Except in the case of an initial performance test or any subsequent performance test referred to in section 5, if, for any reason beyond the responsible person’s control, the emission intensity referred to in subsection 4(1) or 4(2) cannot be determined in accordance with a formula set out in any of sections 11, 17 and 18 because data required to determine the value of an element of that formula is missing for a given period in a calendar year, replacement data for that given period must be used to determine that value.

• Marginal note:Replacement data — CEMS

  (2) If a CEMS is used to determine the value of an element of a formula set out in section 17 but data is missing for a given period, the replacement data must be obtained in accordance with Section 3.5.2 of the Reference Method.

• Marginal note:Replacement data — fuel-based methods

  (3) If a fuel-based method is used to determine the value of any element — related to the carbon content or molecular mass of a fuel — of a formula set out in section 17 or 18 but data is missing for a given period, the replacement data is to be the average of the available data for that element, using the fuel-based method in question, during the equivalent period prior to and, if the data is available, subsequent to that given period. However, if no data is available for that element for the equivalent period prior to that given period, the replacement data to be used is the value determined for that element, using the fuel-based method in question, during the equivalent period subsequent to the given period.

• Marginal note:Replacement data — multiple periods

  (4) Replacement data may be used in relation to a maximum of 28 days in a calendar year.

Reporting, Sending, Recording and Retaining Information

Marginal note:Annual reports

• 21 (1) Subject to subsection (2), a responsible person for a unit must send one of the following reports, to the Minister on or before the June 1 that follows the calendar year that is the subject of the report:

  • (a) a report containing the information set out in Schedule 1 in respect of each calendar year in which the unit meets the conditions set out in subsection 3(1) or (2), as the case may be;

  • (b) a short report containing the information referred to in sections 1 and 2, except paragraph 2(h), of Schedule 1 in respect of each calendar year in which the unit no longer meets one of the conditions referred to in subsection 3(1) or (2), as the case may be.

• Marginal note:Significantly modified boiler units

  (2) A responsible person for a boiler unit referred to in subsection 3(4) must send the reports referred to in subsection (1), beginning in the year in which it must meet the emission limit referred to in subsection 4(2).

• Marginal note:Permanent cessation of electricity generation

  (3) If a unit permanently ceases to generate electricity in a calendar year, a responsible person for the unit must so notify the Minister in writing not later than 60 days after the day on which the unit ceases generating electricity. A report is not necessary in respect of the calendar years following the calendar year in which the unit ceases generating electricity.

• Marginal note:Registration number

  (4) On receipt of a first report in respect of a unit referred to in paragraph (1)(a), the Minister must assign a registration number to the unit and inform the responsible person of that number.

• Marginal note:Change of information

  (5) If there is a change to the information referred to in section 1 of Schedule 1 that was provided in the most recent report, the responsible person must notify the Minister of the change in writing not later than 30 days after the day on which the change is made.

Marginal note:Performance test reporting

• 22 (1) A responsible person for a boiler unit referred to in subsection 3(4) must send, to the Minister, a report containing the information referred to in Schedule 4 in relation to the performance test identified in section 5 no later than 60 days after the performance test was conducted.

• Marginal note:Performance test verifier’s report — initial test

  (2) In the case of a boiler unit referred to in subsection 3(4), the responsible person must obtain a report, signed by the performance test verifier, on the initial performance test, that contains the information referred to in Schedule 5 and send it to the Minister with their report referred to in subsection (1).

Marginal note:Electronic report, notice and application

• 23 (1) A report or notice that is required, or an application that is made, under these Regulations must be sent electronically in the form specified by the Minister and must bear the electronic signature of an authorized official of the responsible person.

• Marginal note:Paper report or notice

  (2) If the Minister has not specified an electronic form or if the person is unable to send the report, notice or application electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the report, notice or application must be sent on paper, in the form specified by the Minister, if applicable, and be signed by an authorized official of the responsible person.

Marginal note:Maintain copy

• 24 (1) A responsible person for a unit must make a record containing the following documents and information:

  • (a) any notice referred to in subsection 21(5) that was sent to the Minister along with supporting documents;

  • (b) any application referred to in subsection 7(3) or 8(2), whichever applies, along with supporting documents;

  • (c) every measurement and calculation used to determine the value of an element of a formula used for the purposes of section 4 and, if applicable, section 5, along with an indication of the standards that were used to determine the value of the elements used in those formula and any necessary supporting documents;

  • (d) an indication of the standards or methods referred to in the description of CC_i in subsection 18(2) that were used to determine the value of CC_A in paragraph 18(1)(a), (b) or (c), as the case may be, or, for a sample of gaseous fuel, a statement that indicates that a direct measuring device was used to determine that value;

  • (e) information demonstrating that any meter referred to in section 11 complies with the requirements of the Electricity and Gas Inspection Act and the Electricity and Gas Inspection Regulations, including a certificate referred to in section 14 of that Act;

  • (f) information demonstrating that the installation, maintenance and calibration of the measuring devices referred to in subsection 9(1) were done in accordance with that subsection and subsection 9(2) and that the measuring devices used comply with subsection 9(3);

  • (g) supporting documents that confirm the CEMS certification under section 10;

  • (h) any document, record or information referred to in section 8 of the Reference Method, for each calendar year during which a responsible person used a CEMS;

  • (i) the results of the analysis of every sample taken in accordance with section 19, as well as the date that each sample was taken and an indication of the standards that were used to take representative samples of the fuel;

  • (j) information demonstrating the unit capacity set out in the annual report;

  • (k) in the case of a unit that has a combustion engine that is temporarily installed for a period of 90 days or less as part of repair or maintenance,

    • (i) evidence that the combustion engine underwent repairs or maintenance and that a replacement combustion engine was temporarily connected to the unit for the duration of the repairs or maintenance,

    • (ii) the number of days that a replacement combustion engine was connected to the unit, and

    • (iii) the number of days that the repairs or maintenance lasted;

  • (l) information demonstrating each combustion engine capacity set out in the annual report, the date on which each combustion engine was installed and, in the case of a combustion engine with a capacity of 150 MW or less, a statement that, if applicable, the combustion engine was installed to replace an engine, with a capacity of 150 MW or less, as part of repair or maintenance; and

  • (m) any report referred to in section 22, along with supporting documents.

• Marginal note:30 days

  (2) The record referred to in subsection (1) must be made as soon as feasible but not later than 30 days after the day on which the information and documents to be included in it become available.

Marginal note:Retention of records and reports

25 A responsible person who is required under these Regulations to make a record or send a report or notice must keep the record or a copy of the report or notice, along with the supporting documents, at their principal place of business in Canada for at least seven years after they make the record or send the report or notice.

Coming into Force

Marginal note:Registration

• 26 (1) Subject to subsection (2), these Regulations come into force on January 1, 2019.

• Marginal note:Deferred application

  (2) These Regulations become applicable to combustion engine units on January 1, 2021.