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2018, c.11 - Climate Change Act

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Regulations

10(1)The Lieutenant-Governor in Council may make regulations

(a) prescribing any other gas or any category of gas for the purposes of the definition “greenhouse gas” in section 1;

(a.1) for the purposes of the definition “compliance option” in section 1, prescribing other types of credits;

(a.2) for the purposes of the definition “compliance period” in section 1, prescribing compliance periods;

(a.3) for the purposes of the definition “industrial facility” in section 1, prescribing other activities;

(a.4) for the purposes of the definition “offset credit” in section 1, prescribing activities;

(a.5) for the purposes of the definition “performance credit” in section 1, respecting performance credits, including setting the greenhouse gas emissions reductions threshold that must be reached by a regulated facility in order to be awarded a performance credit or prescribing the manner of determining the threshold;

(a.6) for the purposes of section 1.1, prescribing the manner of determining the carbon dioxide equivalent and prescribing the value of the global warming potential;

(b) prescribing any other purpose related to climate change for the purposes of subparagraph 4(9)(a)(viii);

(b.1) respecting the payment into the Fund of any or all amounts payable to the Crown in right of the Province through the operation of the regulations or standards made under this section;

(b.2) prescribing a rate of interest for the purposes of subsection 4(11.1);

(c.1) for the purposes of paragraph 7.1(2)(b), prescribing other documents;

(c.11) respecting the designation of an industrial facility as an opted-in facility, including the term and revocation of that designation;

(c.2) for the purposes of section 7.11, respecting the registration of regulated facilities, including

(i) prescribing the manner and procedures to be followed for registration,

(ii) prescribing registration fees,

(iii) prescribing information to be provided for the purposes of registration, and

(iv) prescribing terms and conditions to which registrations may be subject;

(c.21) respecting the creation, operation and management of one or more public registries;

(c.3) for the purposes of section 7.12, respecting the reduction of greenhouse gas emissions by regulated facilities, including

(i) establishing the bases on which regulated facilities are required to reduce their greenhouse gas emissions, including on an absolute basis or an emissions intensity basis,

(ii) prescribing the manner in which and the means by which regulated facilities are required to reduce greenhouse gas emissions,

(iii) prescribing the date by which greenhouse gas emissions are to be reduced by regulated facilities,

(iv) establishing compliance obligations for regulated facilities that do not reduce their greenhouse gas emissions under section 7.12,

(v) prescribing the manner in which and the date by which compliance obligations must be fulfilled, and

(vi) prescribing penalties for the non-fulfilment of a compliance obligation;

(c.31) for the purposes of section 7.2 or 7.21, respecting the monitoring of greenhouse gas emissions, the submission of greenhouse gas emissions reports and the verification of these reports, including

(i) prescribing the time for submission of the reports,

(ii) prescribing the content of the reports, and

(iii) prescribing the means by which the reports must be submitted;

(c.4) for the purposes of section 7.3, prescribing the method of calculating greenhouse gas emissions;

(c.41) respecting compliance obligations, including the registration of compliance obligations and the provision of compliance reports;

(c.5) respecting compliance options, including

(i) respecting the creation, the registration, the obtention, the distribution, the exchange, the trading, the sale, the use, the variation and the cancellation of compliance options,

(ii) respecting the imposition of requirements, terms, conditions, limits or prohibitions in respect of the creation, the registration, the obtention, the distribution, the exchange, the trading, the sale, the use, the variation and the cancellation of compliance options, and

(iii) respecting the recognition of offset credits granted under similar regulatory schemes for offset credits in other jurisdictions;

(c.6) prescribing information and documents that must be retained by regulated facilities and the period for which the information must be retained;

(c.61) for the purposes of section 7.71, respecting the imposition, payment and enforcement of administrative penalties, including

(i) prescribing the amounts that may be imposed as administrative penalties, including minimum and maximum amounts,

(ii) prescribing provisions of this Act, the regulations or the standards for which a notice of administrative penalty may be issued,

(iii) prescribing the form of the notice of administrative penalty,

(iv) determining the amounts of administrative penalties, which may vary according to the nature or frequency of the violation or failure to comply, and whether the person in violation or in non-compliance is an individual or person other than an individual, and

(v) governing appeals, including establishing an appeal mechanism for persons on whom an administrative penalty has been imposed and conferring authority on a specified person or body to whom an appeal may be made, which may include a court;

(c.7) governing appeals for the purposes of section 7.91, including establishing an appeal mechanism and conferring authority on a specified person or body to whom an appeal may be made, which may include a court;

(c.71) for the purposes of paragraph 8.2(1)(c), prescribing other means of service;

(c.8) respecting exemptions from any requirement of this Act, the regulations or the standards or from any provision of this Act, the regulations or the standards;

(c.9) respecting the circumstances under which and the conditions on which exemptions referred to in paragraph (c.8) apply;

(d) Repealed: 2020, c.3, s.9

(e) respecting fees for the purposes of this Act, the regulations and the standards;

(f) defining any word or expression used in this Act but not defined in this Act, for the purposes of this Act, the regulations or the standards;

(f.1) prescribing anything required or authorized by this Act to be prescribed;

(g) respecting any other matter that may be necessary for the proper administration of this Act.

10(2)The Minister may make a standard in respect of all matters in respect of which the Lieutenant-Governor in Council has authority to make a regulation, excluding those matters in paragraphs (1)(a), (b), (c), (c.61) and (c.7).

10(3)A regulation or standard made under this section may be retroactive to any date, including a date before the commencement of this subsection.

10(4)A regulation authorized by this section may incorporate by reference, in whole or in part, any regulatory instrument, any code, any standard established by the Minister or other standard, any procedure or any guideline as it is amended from time to time before or after the making of the regulation or as it read at a fixed time and may require compliance with the regulatory instrument, code, standard, procedure or guideline so incorporated.

10(5)A standard authorized by this section may incorporate by reference, in whole or in part, any regulatory instrument, any code, any other standard, any procedure or any guideline as it is amended from time to time before or after the making of the standard or as it read at a fixed time and may require compliance with the regulatory instrument, code, standard, procedure or guideline so incorporated.

10(6)Regulations or standards made under this section may vary in respect of different processes used, greenhouse gases, facilities, businesses, sectors or products or in respect of different categories of processes used, greenhouse gases, facilities, businesses, sectors or products.

10(7)A regulation or a standard made under this section may be general or particular in its application.

10(8)The Regulations Act does not apply to the standards made under this section.

10(9)If there is a conflict or an inconsistency between a regulation made by the Lieutenant-Governor in Council under this Act and a standard made by the Minister under this Act, the regulation prevails but in all other respects a standard has the same force and effect as a regulation.

10(10)In a regulation made under this section, the Lieutenant-Governor in Council may delegate a matter to the Minister or confer a discretion on the Minister.

2020, c.3, s.9; 2020, c.20, s.2