Canadian Aviation Regulations (SOR/96-433)

Data Gaps — Threshold

1000.14 A private operator or air operator that uses a monitoring method described in subsection 1020.03(1) of the CORSIA Standard must not have data gaps related to fuel quantities in respect of more than 5% of its flights between states referred to in subsection 1020.10(4) of the CORSIA Standard.

Data Gaps — Requirements

• 1000.15 (1) If there are data gaps in respect of a private operator’s or air operator’s flights between states referred to in subsection 1020.10(4) of the CORSIA Standard, the operator must,

  • (a) if the gaps are in respect of more than 5% of those flights,

    • (i) notify the Minister of the reasons for the gaps within three months after the day on which it becomes aware of those gaps,

    • (ii) take corrective measures before submitting the verified emissions report referred to in section 1000.30, which may include changing the monitoring method if an amended emissions monitoring plan is submitted to the Minister in accordance with section 1000.12 and the Minister approves it, and

    • (iii) fill in the gaps before submitting the verified emissions report referred to in section 1000.30 using one of the monitoring methods described in subsection 1020.03(1) of the CORSIA Standard, which is to be pre-approved by the Minister if the requirements related to that method are met; or

  • (b) if the gaps are in respect of no more than 5% of those flights,

    • (i) take corrective measures, and

    • (ii) fill in the gaps using one of the monitoring methods described in section 1020.15 of the CORSIA Standard before submitting the verified emissions report referred to in section 1000.30.

• (2) If there are data gaps in respect of a private operator’s or air operator’s flights between contracting states other than the flights between states referred to in subsection 1020.10(4) of the CORSIA Standard, the operator must

  • (a) take corrective measures; and

  • (b) fill in the gaps using one of the monitoring methods described in section 1020.15 of the CORSIA Standard before submitting the verified emissions report referred to in section 1000.30.

[1000.16 to 1000.19 reserved]

Division III — Offsetting

Obligation to Offset

• 1000.20 (1) For each compliance period, a private operator or air operator must offset the final amount of CO₂ emissions calculated in accordance with subsection 1000.24(1) and indicated in a notice provided by the Minister by cancelling, within a registry referred to in section 1020.20 of the CORSIA Standard, an amount of CORSIA eligible emissions units equal to the amount indicated in the notice, by the later of

  • (a) the last day of the 13th month after the end of the compliance period to which the notice relates; and

  • (b) the 60th day after the day on which the operator receives the notice.

• (2) For the purposes of calculating offsetting obligations, the CO₂ emissions to be taken into account are those from flights between states referred to in subsection 1020.10(4) of the CORSIA Standard — other than flights referred to in subsection 1000.02(4) — that are conducted using one or more large aeroplanes.

• (3) A private operator or air operator must ensure that the information referred to in subsection 1020.30(4) of the CORSIA Standard in respect of each of its cancelled CORSIA eligible emissions units for a given compliance period is published on the website of the registry referred to in subsection (1).

Prohibition

1000.21 A private operator or air operator must not operate an aircraft for a flight between states referred to in subsection 1020.10(4) of the CORSIA Standard unless that operator has offset its CO₂ emissions in accordance with subsection 1000.20(1) of these Regulations.

Calculation of Annual Offsetting Obligations

• 1000.22 (1) The Minister must calculate the amount of CO₂ emissions, expressed in tonnes, required to be offset by a private operator or air operator for a given calendar year, without consideration of any reduction resulting from the use of CORSIA eligible fuels, using the following formula:

  ${\mathrm{\%S}}_{y}x({\mathrm{OE}}_{y}x{\mathrm{SGF}}_y)+{\mathrm{\%O}}_{y}x({\mathrm{OE}}_{y}x{\mathrm{OGF}}_y)$

  where

  %S_y

  is the per cent sectoral for the given calendar year y, as indicated in subsection 1020.22(2) of the CORSIA Standard;

  OE_y

  is the CO₂ emissions from the operator’s flights referred to in subsection 1000.20(2) for the given calendar year y;

  SGF_y

  is the sector’s growth factor for the given calendar year y referred to in subsection 1020.22(3) of the CORSIA Standard;

  %O_y

  is the per cent individual for the given calendar year y, as indicated in subsection 1020.22(2) of the CORSIA Standard; and

  OGF_y

  is the operator’s growth factor for the given calendar year y, calculated in accordance with the formula set out in subsection (2).

• (2) The Minister must, taking into account the CO₂ emissions set out in the verified emissions report submitted by the private operator or air operator, calculate the operator’s growth factor for a given calendar year using the following formula:

  $\frac{({\mathrm{OE}}_y–{\mathrm{OE}}_{\mathrm{B,y}})}{{\mathrm{OE}}_y}$

  where

  OE_y

  is the CO₂ emissions from the operator’s flights referred to in subsection 1000.20(2) for the given calendar year y; and

  OE_B,y

  is the value set out in subsection 1020.22(4) of the CORSIA Standard.

• (3) In the case of a new entrant, the Minister must not take into account the CO₂ emissions produced by the new entrant during the shorter of the following periods:

  • (a) the period beginning on the day on which the new entrant becomes subject to this Part and ending on January 1 of the third year after that day; and

  • (b) the period beginning on the day on which the new entrant becomes subject to this Part and ending on December 31 of the year preceding the year during which the CO₂ emissions from its flights referred to in subsection 1000.20(2) exceed the threshold set out in subsection 1020.22(1) of the CORSIA Standard.

Calculation of Reductions from Use of CORSIA Eligible Fuels

• 1000.23 (1) A private operator or air operator may claim an emissions reduction resulting from the use of CORSIA eligible fuels in a given calendar year and, if a claim is made, the reduction is to be calculated for each CORSIA eligible fuel using the following formula and be expressed in tonnes:

  $\mathrm{FCF}x[\underset{f}{\overset{}{\Sigma }}{\mathrm{MS}}_{\mathrm{f,y}}x\left(1–\frac{{\mathrm{LS}}_f}{\mathrm{LC}}\right)]$

  where

  FCF

  is the fuel conversion factor, expressed in kg CO₂/kg fuel, and is equal to

  • (a) 3.16 for Jet-A and Jet-A1 fuels; or

  • (b) 3.10 for aviation gasoline (AvGas) and Jet-B fuel;

  MS_f,y

  is the total mass, expressed in tonnes, of a given CORSIA eligible fuel f claimed for the given calendar year y, as calculated in accordance with subsection 1020.23(3) of the CORSIA Standard and as reported in accordance with section 1000.30 of these Regulations;

  LS_f

  is the life-cycle emissions value for a given CORSIA eligible fuel f, calculated in accordance with subsection (2) and expressed in gCO₂e/MJ; and

  LC

  is the life-cycle emissions value for fuel, expressed in gCO₂e/MJ and equal to

  • (a) 89 for jet fuels; and

  • (b) 95 for aviation gasoline (AvGas).

• (2) For the purposes of calculating the life-cycle emissions value for a CORSIA eligible fuel,

  • (a) if a default life-cycle emissions value is used, the private operator or air operator must use the value referred to in subsection 1020.23(1) of the CORSIA Standard; or

  • (b) if an actual life-cycle emissions value is used, the private operator or air operator must

    • (i) use the calculation methodology referred to in paragraph 1020.23(2)(a) of the CORSIA Standard, and

    • (ii) ensure that the application of the calculation methodology is verified in accordance with paragraph 1020.23(2)(b) of the CORSIA Standard.

• (3) In order to claim an emissions reduction resulting from the use of CORSIA eligible fuels during a given compliance period, a private operator or air operator must submit the information required by subparagraph 1000.30(1)(a)(ii) no later than in its verified emissions report in respect of the final year of that compliance period.

Calculation of Final Offsetting Obligations

• 1000.24 (1) The Minister must calculate, for each private operator and air operator, the final amount of CO₂ emissions that that operator is required to offset for a given compliance period, rounded up to the nearest tonne, using the following formula:

  $({\mathrm{OR}}_{\mathrm{1,c}}+{\mathrm{OR}}_{\mathrm{2,c}}+{\mathrm{OR}}_{\mathrm{3,c}})–({\mathrm{ER}}_{\mathrm{1,c}}+{\mathrm{ER}}_{\mathrm{2,c}}+{\mathrm{ER}}_{\mathrm{3,c}})$

  where

  OR_y,c

  is the amount of CO₂ emissions that the operator is required to offset for the given calendar year y (where y = 1, 2 or 3) of the compliance period c, calculated in accordance with section 1000.22; and

  ER_y,c

  is the emissions reduction claimed resulting from the use of CORSIA eligible fuels in the given calendar year y (where y = 1, 2 or 3) of the compliance period c, calculated in accordance with section 1000.23.

• (2) If the amount of CO₂ emissions calculated in accordance with subsection (1) is a negative amount for a given compliance period, that amount cannot be used to reduce the private operator’s or air operator’s emissions-offsetting obligations for a subsequent compliance period.

[1000.25 to 1000.29 reserved]

Division IV — Reporting, Verification and Record Keeping

Verified Emissions Report

• 1000.30 (1) A private operator or air operator must submit to the Minister, no later than April 30 of the calendar year following the calendar year during which the monitoring of emissions was carried out,

  • (a) a verified emissions report containing the information referred to in

    • (i) subsection 1020.30(1) of the CORSIA Standard, and

    • (ii) subsection 1020.30(2) of the CORSIA Standard, if an emissions reduction resulting from the use of CORSIA eligible fuel is being claimed; and

  • (b) the verification report associated with the report referred to in paragraph (a) containing the information referred to in paragraph 1020.32(3)(j) of the CORSIA Standard.

• (2) The private operator or air operator must ensure that the verification body submits to the Minister, with the operator’s prior authorization, the reports referred to in subsection (1) no later than April 30 of the calendar year following the calendar year during which the monitoring of emissions was carried out.

• (3) Despite subsections (1) and (2), the verified emissions report and associated verification report for the year 2020 must contain the information referred to in, and be submitted in accordance with, section 1000.20, as it read before January 1, 2021.

Verified Emissions Unit Cancellation Report

• 1000.31 (1) A private operator or air operator must submit to the Minister, for a given compliance period,

  • (a) a verified emissions unit cancellation report containing the information referred to in subsections 1020.30(3) to (5) of the CORSIA Standard; and

  • (b) the verification report associated with the report referred to in paragraph (a) containing the information referred to in paragraph 1020.32(3)(j) of the CORSIA Standard.

• (2) The private operator or air operator must submit to the Minister the reports referred to in subsection (1) by the later of

  • (a) the last day of the 16th month after the end of the given compliance period; and

  • (b) the last day of the 5th month after the day on which the operator receives the notice referred to in subsection 1000.20(1).

• (3) The private operator or air operator must ensure that the verification body submits to the Minister, with the operator’s prior authorization, the reports referred to in subsection (1) by the later of the dates set out in subsection (2).

Verification Body

• 1000.32 (1) A private operator or air operator must select a verification body that is accredited as meeting the requirements set out in subsection 1020.32(2) of the CORSIA Standard by a national accreditation body that is a member of the International Accreditation Forum and that meets the requirements referred to in subsection 1020.32(1) of the CORSIA Standard.

• (2) The private operator or air operator must ensure that the verification of the emissions report and the emissions unit cancellation report is conducted in accordance with the requirements set out in subsection 1020.32(3) of the CORSIA Standard.

Parent Company and Subsidiaries

1000.33 A private operator or air operator and one or more other private operators or air operators may consolidate their emissions monitoring plans, verified emissions reports, verified emissions unit cancellation reports and associated verification reports if

• (a) they are in a parent-subsidiary relationship in which the subsidiary is wholly owned by the parent company or they are wholly owned subsidiaries of the same parent company; and

• (b) the consolidated emissions monitoring plan establishes that the subsidiary is wholly owned.

Publication

• 1000.34 (1) A private operator or air operator that uses a monitoring method described in subsection 1020.03(1) of the CORSIA Standard may make a request to the Minister that certain information be considered confidential, in the cases set out in section 1020.34 of the CORSIA Standard, and must indicate the reasons for the request.

• (2) The Minister must determine that information is confidential if it is established that publication would harm the commercial interests of the private operator or air operator and such information must be designated as confidential when provided to ICAO.