Acts and Regulations

2018, c.11 - Climate Change Act

Full text
Definitions
1The following definitions apply in this Act.
“carbon dioxide equivalent” means the mass of carbon dioxide that would produce the same global warming potential as a given mass of another greenhouse gas.(équivalent en dioxyde de carbone)
“compliance obligation” means any action that a regulated facility is required to take under this Act and the regulations if the regulated facility has failed to reduce its emissions of greenhouse gases under section 7.12.(obligation en matière de conformité)
“compliance option” means(option de conformité)
(a) a fund credit,
(b) a performance credit,
(c) an offset credit, and
(d) any other type of credit prescribed by regulation.
“compliance period” means a period prescribed as a compliance period by regulation.(période de conformité)
“Court of King’s Bench” means The Court of King’s Bench of New Brunswick.(Cour du Banc du Roi)
“Court of Queen’s Bench” Repealed: 2023, c.17, s.30
“diesel fuel” Repealed: 2019, c.1, s.1
“diesel fuel tax” Repealed: 2019, c.1, s.1
“diesel fuel tax refund” Repealed: 2019, c.1, s.1
“electricity generation” means the operation of electric utilities that generate, transmit, control and distribute electric power.(production d’électricité)
“facility” means an integrated facility or a pipeline transportation system.(installation)
“Fund” means the Climate Change Fund established under section 4. (Fonds)
“fund credit” means a credit obtained by a regulated facility by paying money into the Fund.(crédit du Fonds)
“gasoline” Repealed: 2019, c.1, s.1
“gasoline tax” Repealed: 2019, c.1, s.1
“gasoline tax refund” Repealed: 2019, c.1, s.1
“greenhouse gas” means(gaz à effet de serre)
(a) carbon dioxide (CO2),
(b) methane (CH4),
(c) nitrous oxide (N2O),
(d) hydrofluorocarbons (HFCs),
(e) perfluorocarbons (PFCs),
(f) sulphur hexafluoride (SF6),
(g) nitrogen trifluoride (NF3), or
(h) any other gas prescribed by regulation or of a category prescribed by regulation.
“highway” means a highway as defined in the Highway Act.(route)
“industrial facility” means a facility in the Province engaged in(installation industrielle)
(a) manufacturing and processing,
(b) mining, quarrying and oil and gas extraction,
(c) electricity generation, or
(d) any other activity prescribed by regulation.
“inspector” means a person designated as an inspector under section 7.4.(inspecteur)
“integrated facility” means all buildings, equipment, structures, on-site transportation machinery and stationary items that are located on a single site, on multiple sites or between multiple sites that are owned or operated by the same person or persons and that function as a single integrated site but does not include highways.(installation intégrée)
“manufacturing and processing” means the chemical, mechanical or physical transformation of materials or substances into finished or semi-finished products.(fabrication et transformation)
“mining, quarrying and oil and gas extraction” means the extraction of minerals, solid materials, liquids and gases.(exploitation minière, exploitation de carrières et extraction de pétrole et de gaz)
“Minister” means the Minister of Environment and Climate Change and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“Minister of Finance” Repealed: 2019, c.29, s.26
“Minister of Finance and Treasury Board” means Minister as defined in the Gasoline and Motive Fuel Tax Act.(ministre des Finances et du Conseil du Trésor)
“offset credit” means a credit earned by a person for any activity prescribed by regulation that(crédit compensatoire)
(a) reduces greenhouse gas emissions,
(b) sequesters greenhouse gases, or
(c) captures greenhouse gases and prevents their release into the atmosphere.
“operator” means (exploitant)
(a) the person who is responsible for an industrial facility’s operations as of December 31 of a year, or
(b) if an industrial facility closed during a year, the person who last operated the industrial facility in that year.
“opted-in facility” means an industrial facility designated as an opted-in facility under section 7.1 whose designation remains in effect.(installation participante)
“performance credit” means, subject to the regulations, a credit expressed in carbon dioxide equivalent awarded by the Minister to a regulated facility for reaching or surpassing the greenhouse gas emissions reductions threshold set by or determined in accordance with the regulations for a given compliance period.(crédit de performance)
“pipeline transportation system” means all pipelines that are owned or operated by the same person or persons within the Province that transport or distribute carbon dioxide or processed natural gas and their associated installations, including meter sets and storage installations but excluding straddle plants or other processing installations.(réseau de transport par pipeline)
“regulated facility” means(installation assujettie)
(a) an industrial facility that emits 50,000 tonnes or more of carbon dioxide equivalent of greenhouse gases in any of the three years immediately preceding the commencement of this definition,
(b) an industrial facility that emits 50,000 tonnes or more of carbon dioxide equivalent of greenhouse gases in any year after the commencement of this definition, or
(c) an opted-in facility.
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a standard.(règlement)
“standard” means a standard made by the Minister under subsection 10(2).(norme)
2019, c.1, s.1; 2019, c.29, s.26; 2020, c.3, s.2; 2020, c.25, s.26; 2023, c.17, s.30
Definitions
1The following definitions apply in this Act.
“carbon dioxide equivalent” means the mass of carbon dioxide that would produce the same global warming potential as a given mass of another greenhouse gas.(équivalent en dioxyde de carbone)
“compliance obligation” means any action that a regulated facility is required to take under this Act and the regulations if the regulated facility has failed to reduce its emissions of greenhouse gases under section 7.12.(obligation en matière de conformité)
“compliance option” means(option de conformité)
(a) a fund credit,
(b) a performance credit,
(c) an offset credit, and
(d) any other type of credit prescribed by regulation.
“compliance period” means a period prescribed as a compliance period by regulation.(période de conformité)
“Court of Queen’s Bench” means The Court of Queen’s Bench of New Brunswick.(Cour du Banc de la Reine)
“diesel fuel” Repealed: 2019, c.1, s.1
“diesel fuel tax” Repealed: 2019, c.1, s.1
“diesel fuel tax refund” Repealed: 2019, c.1, s.1
“electricity generation” means the operation of electric utilities that generate, transmit, control and distribute electric power.(production d’électricité)
“facility” means an integrated facility or a pipeline transportation system.(installation)
“Fund” means the Climate Change Fund established under section 4. (Fonds)
“fund credit” means a credit obtained by a regulated facility by paying money into the Fund.(crédit du Fonds)
“gasoline” Repealed: 2019, c.1, s.1
“gasoline tax” Repealed: 2019, c.1, s.1
“gasoline tax refund” Repealed: 2019, c.1, s.1
“greenhouse gas” means(gaz à effet de serre)
(a) carbon dioxide (CO2),
(b) methane (CH4),
(c) nitrous oxide (N2O),
(d) hydrofluorocarbons (HFCs),
(e) perfluorocarbons (PFCs),
(f) sulphur hexafluoride (SF6),
(g) nitrogen trifluoride (NF3), or
(h) any other gas prescribed by regulation or of a category prescribed by regulation.
“highway” means a highway as defined in the Highway Act.(route)
“industrial facility” means a facility in the Province engaged in(installation industrielle)
(a) manufacturing and processing,
(b) mining, quarrying and oil and gas extraction,
(c) electricity generation, or
(d) any other activity prescribed by regulation.
“inspector” means a person designated as an inspector under section 7.4.(inspecteur)
“integrated facility” means all buildings, equipment, structures, on-site transportation machinery and stationary items that are located on a single site, on multiple sites or between multiple sites that are owned or operated by the same person or persons and that function as a single integrated site but does not include highways.(installation intégrée)
“manufacturing and processing” means the chemical, mechanical or physical transformation of materials or substances into finished or semi-finished products.(fabrication et transformation)
“mining, quarrying and oil and gas extraction” means the extraction of minerals, solid materials, liquids and gases.(exploitation minière, exploitation de carrières et extraction de pétrole et de gaz)
“Minister” means the Minister of Environment and Climate Change and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“Minister of Finance” Repealed: 2019, c.29, s.26
“Minister of Finance and Treasury Board” means Minister as defined in the Gasoline and Motive Fuel Tax Act.(ministre des Finances et du Conseil du Trésor)
“offset credit” means a credit earned by a person for any activity prescribed by regulation that(crédit compensatoire)
(a) reduces greenhouse gas emissions,
(b) sequesters greenhouse gases, or
(c) captures greenhouse gases and prevents their release into the atmosphere.
“operator” means (exploitant)
(a) the person who is responsible for an industrial facility’s operations as of December 31 of a year, or
(b) if an industrial facility closed during a year, the person who last operated the industrial facility in that year.
“opted-in facility” means an industrial facility designated as an opted-in facility under section 7.1 whose designation remains in effect.(installation participante)
“performance credit” means, subject to the regulations, a credit expressed in carbon dioxide equivalent awarded by the Minister to a regulated facility for reaching or surpassing the greenhouse gas emissions reductions threshold set by or determined in accordance with the regulations for a given compliance period.(crédit de performance)
“pipeline transportation system” means all pipelines that are owned or operated by the same person or persons within the Province that transport or distribute carbon dioxide or processed natural gas and their associated installations, including meter sets and storage installations but excluding straddle plants or other processing installations.(réseau de transport par pipeline)
“regulated facility” means(installation assujettie)
(a) an industrial facility that emits 50,000 tonnes or more of carbon dioxide equivalent of greenhouse gases in any of the three years immediately preceding the commencement of this definition,
(b) an industrial facility that emits 50,000 tonnes or more of carbon dioxide equivalent of greenhouse gases in any year after the commencement of this definition, or
(c) an opted-in facility.
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a standard.(règlement)
“standard” means a standard made by the Minister under subsection 10(2).(norme)
2019, c.1, s.1; 2019, c.29, s.26; 2020, c.3, s.2; 2020, c.25, s.26
Definitions
1The following definitions apply in this Act.
“carbon dioxide equivalent” means the mass of carbon dioxide that would produce the same global warming potential as a given mass of another greenhouse gas.(équivalent en dioxyde de carbone)
“compliance obligation” means any action that a regulated facility is required to take under this Act and the regulations if the regulated facility has failed to reduce its emissions of greenhouse gases under section 7.12.(obligation en matière de conformité)
“compliance option” means(option de conformité)
(a) a fund credit,
(b) a performance credit,
(c) an offset credit, and
(d) any other type of credit prescribed by regulation.
“compliance period” means a period prescribed as a compliance period by regulation.(période de conformité)
“Court of Queen’s Bench” means The Court of Queen’s Bench of New Brunswick.(Cour du Banc de la Reine)
“diesel fuel” Repealed: 2019, c.1, s.1
“diesel fuel tax” Repealed: 2019, c.1, s.1
“diesel fuel tax refund” Repealed: 2019, c.1, s.1
“electricity generation” means the operation of electric utilities that generate, transmit, control and distribute electric power.(production d’électricité)
“facility” means an integrated facility or a pipeline transportation system.(installation)
“Fund” means the Climate Change Fund established under section 4. (Fonds)
“fund credit” means a credit obtained by a regulated facility by paying money into the Fund.(crédit du Fonds)
“gasoline” Repealed: 2019, c.1, s.1
“gasoline tax” Repealed: 2019, c.1, s.1
“gasoline tax refund” Repealed: 2019, c.1, s.1
“greenhouse gas” means(gaz à effet de serre)
(a) carbon dioxide (CO2),
(b) methane (CH4),
(c) nitrous oxide (N2O),
(d) hydrofluorocarbons (HFCs),
(e) perfluorocarbons (PFCs),
(f) sulphur hexafluoride (SF6),
(g) nitrogen trifluoride (NF3), or
(h) any other gas prescribed by regulation or of a category prescribed by regulation.
“highway” means a highway as defined in the Highway Act.(route)
“industrial facility” means a facility in the Province engaged in(installation industrielle)
(a) manufacturing and processing,
(b) mining, quarrying and oil and gas extraction,
(c) electricity generation, or
(d) any other activity prescribed by regulation.
“inspector” means a person designated as an inspector under section 7.4.(inspecteur)
“integrated facility” means all buildings, equipment, structures, on-site transportation machinery and stationary items that are located on a single site, on multiple sites or between multiple sites that are owned or operated by the same person or persons and that function as a single integrated site but does not include highways.(installation intégrée)
“manufacturing and processing” means the chemical, mechanical or physical transformation of materials or substances into finished or semi-finished products.(fabrication et transformation)
“mining, quarrying and oil and gas extraction” means the extraction of minerals, solid materials, liquids and gases.(exploitation minière, exploitation de carrières et extraction de pétrole et de gaz)
“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“Minister of Finance” Repealed: 2019, c.29, s.26
“Minister of Finance and Treasury Board” means Minister as defined in the Gasoline and Motive Fuel Tax Act.(ministre des Finances et du Conseil du Trésor)
“offset credit” means a credit earned by a person for any activity prescribed by regulation that(crédit compensatoire)
(a) reduces greenhouse gas emissions,
(b) sequesters greenhouse gases, or
(c) captures greenhouse gases and prevents their release into the atmosphere.
“operator” means (exploitant)
(a) the person who is responsible for an industrial facility’s operations as of December 31 of a year, or
(b) if an industrial facility closed during a year, the person who last operated the industrial facility in that year.
“opted-in facility” means an industrial facility designated as an opted-in facility under section 7.1 whose designation remains in effect.(installation participante)
“performance credit” means, subject to the regulations, a credit expressed in carbon dioxide equivalent awarded by the Minister to a regulated facility for reaching or surpassing the greenhouse gas emissions reductions threshold set by or determined in accordance with the regulations for a given compliance period.(crédit de performance)
“pipeline transportation system” means all pipelines that are owned or operated by the same person or persons within the Province that transport or distribute carbon dioxide or processed natural gas and their associated installations, including meter sets and storage installations but excluding straddle plants or other processing installations.(réseau de transport par pipeline)
“regulated facility” means(installation assujettie)
(a) an industrial facility that emits 50,000 tonnes or more of carbon dioxide equivalent of greenhouse gases in any of the three years immediately preceding the commencement of this definition,
(b) an industrial facility that emits 50,000 tonnes or more of carbon dioxide equivalent of greenhouse gases in any year after the commencement of this definition, or
(c) an opted-in facility.
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a standard.(règlement)
“standard” means a standard made by the Minister under subsection 10(2).(norme)
2019, c.1, s.1; 2019, c.29, s.26; 2020, c.3, s.2
Definitions
1The following definitions apply in this Act.
“diesel fuel” Repealed: 2019, c.1, s.1
“diesel fuel tax” Repealed: 2019, c.1, s.1
“diesel fuel tax refund” Repealed: 2019, c.1, s.1
“Fund” means the Climate Change Fund established under section 4. (Fonds)
“gasoline” Repealed: 2019, c.1, s.1
“gasoline tax” Repealed: 2019, c.1, s.1
“gasoline tax refund” Repealed: 2019, c.1, s.1
“greenhouse gas” means(gaz à effet de serre)
(a) carbon dioxide (CO2),
(b) methane (CH4),
(c) nitrous oxide (N2O),
(d) hydrofluorocarbons (HFCs),
(e) perfluorocarbons (PFCs),
(f) sulphur hexafluoride (SF6),
(g) nitrogen trifluoride (NF3), or
(h) any other gas prescribed by regulation or of a category prescribed by regulation.
“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“Minister of Finance” Repealed: 2019, c.29, s.26
“Minister of Finance and Treasury Board” means Minister as defined in the Gasoline and Motive Fuel Tax Act.(ministre des Finances et du Conseil du Trésor)
2019, c.1, s.1; 2019, c.29, s.26
Definitions
1The following definitions apply in this Act.
“diesel fuel” Repealed: 2019, c.1, s.1
“diesel fuel tax” Repealed: 2019, c.1, s.1
“diesel fuel tax refund” Repealed: 2019, c.1, s.1
“Fund” means the Climate Change Fund established under section 4. (Fonds)
“gasoline” Repealed: 2019, c.1, s.1
“gasoline tax” Repealed: 2019, c.1, s.1
“gasoline tax refund” Repealed: 2019, c.1, s.1
“greenhouse gas” means(gaz à effet de serre)
(a) carbon dioxide (CO2),
(b) methane (CH4),
(c) nitrous oxide (N2O),
(d) hydrofluorocarbons (HFCs),
(e) perfluorocarbons (PFCs),
(f) sulphur hexafluoride (SF6),
(g) nitrogen trifluoride (NF3), or
(h) any other gas prescribed by regulation or of a category prescribed by regulation.
“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“Minister of Finance” means Minister as defined in the Gasoline and Motive Fuel Tax Act.(ministre des Finances)
2019, c.1, s.1
Definitions
1The following definitions apply in this Act.
“diesel fuel” means a liquid mixture of hydrocarbons obtained from the refining of petroleum to supply diesel engines.(carburant diesel)
“diesel fuel tax” means the tax paid on diesel fuel under subsection 6(1) of the Gasoline and Motive Fuel Tax Act.(taxe sur le carburant diesel)
“diesel fuel tax refund” means a refund of diesel fuel tax that is made by the Minister of Finance under subsection 6(5.2) or (7) of the Gasoline and Motive Fuel Tax Act.(remboursement de la taxe sur le carburant diesel)
“Fund” means the Climate Change Fund established under section 4. (Fonds)
“gasoline” means gasoline as defined in the Gasoline and Motive Fuel Tax Act.(essence)
“gasoline tax” means the tax paid under subsection 3(1) of the Gasoline and Motive Fuel Tax Act. (taxe sur l’essence)
“gasoline tax refund” means a refund of gasoline tax that is made by the Minister of Finance under subsection 3(6) of the Gasoline and Motive Fuel Tax Act.(remboursement de la taxe sur l’essence)
“greenhouse gas” means(gaz à effet de serre)
(a) carbon dioxide (CO2),
(b) methane (CH4),
(c) nitrous oxide (N2O),
(d) hydrofluorocarbons (HFCs),
(e) perfluorocarbons (PFCs),
(f) sulphur hexafluoride (SF6),
(g) nitrogen trifluoride (NF3), or
(h) any other gas prescribed by regulation or of a category prescribed by regulation.
“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“Minister of Finance” means Minister as defined in the Gasoline and Motive Fuel Tax Act.(ministre des Finances)