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Volume 61, No. 11

107/2018

The British Columbia Gazette,

Part II

June 5, 2018

B.C. Reg. 107/2018 , deposited June 4, 2018, under the GREENHOUSE GAS INDUSTRIAL REPORTING AND CONTROL AMENDMENT ACT, 2016 [section 16] and the GREENHOUSE GAS INDUSTRIAL REPORTING AND CONTROL ACT [sections 45 and 50]. Order in Council 272/2018, approved and ordered June 4, 2018.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) sections 1 (

a) and (d), 3, 4, 6, 8 and 11 to 13 of the Greenhouse Gas Industrial Reporting and Control Amendment Act, 2016 , S.B.C. 2016, c. 15, are brought into force, and

(

b) the Greenhouse Gas Emission Control Regulation, B.C. Reg. 250/2015, is amended as set out in the attached Schedule.

— G. HEYMAN, Minister of Environment and Climate Change Strategy ; M. FARNWORTH, Presiding Member of the Executive Council .

Schedule

Section 2 of the Greenhouse Gas Emission Control Regulation, B.C. Reg. 250/2015, is amended

(

a) by adding the following definition:

“general account” means a holding account referred to in

section 13 (6) [registry] of the Act; ,

(

b) in the definition of “primary account representative” by striking out “

section 6 (1) (f) ” and substituting “

section 6 (3) (a) ”, and

(

c) in the definition of “secondary account representative” by striking out “

section 6 (1) (g) (i) (B) ” and substituting “

section 6 (3) (b) (i) (B) ”.

2 The following sections are added:

General accounts

5.1

(1) In addition to the accounts referred to in

section 13 (4) [registry] of the Act, the government may hold general accounts in the registry.

(2) A person, other than the government, a regulated operator or a project proponent, is qualified to hold a general account in the registry to which compliance units may be credited to the person if the person satisfies the director that

(

a) the person has met the requirements under

section 6, and

(

b) the person’s participation in the registry will not pose an unacceptable risk to the security of the registry.

Government accounts

5.2 Sections 6 to 6.2 do not apply in relation to the government, and the registry administrator must open accounts for the government on the direction of the director.

Section 6 is repealed and the following substituted:

Opening accounts – application requirements

(1) A person who is authorized or required to hold an account may establish an account by applying to the registry administrator with the following information:

(

a) the legal name of the proposed account holder;

(

b) the type of account to be opened;

(

c) if the proposed account holder is a business organization, whether it is a corporation, partnership or proprietorship;

(

d) the trade name or operating name of the proposed account holder;

(

e) if the proposed account holder is a corporation,

(

i) the name of the individual submitting the application on behalf of the corporation and the individual’s position in or with the corporation,

(ii) the primary address from which the corporation carries on business, and

(iii) except in the case of a municipality, regional district or other corporation established or continued by an enactment,

(

A) the mailing address of the corporation’s registered or head office, and

(

B) the registration number assigned to the corporation by the Registrar of Companies;

(

f) if the proposed account holder is a partnership,

(

i) the name of the partner submitting the application,

(ii) if that partner is a corporation, the name of the individual submitting the application on behalf of the corporation and the individual’s position in or with the corporation,

(iii) the primary address from which the partnership carries on business, and

(iv) the registration number, if any, assigned to the partnership by the Registrar of Companies;

(

g) if the proposed account holder is an individual,

(

i) the individual’s address, and

(ii) if the application relates to a business, the primary address from which the individual carries on business;

(

h) if the proposed account holder is to hold the account for the benefit of another person or entity, the name of the other person or entity and the information under paragraph (e), (

f) or (g), as applicable, in relation to the proposed account holder;

(

i) other information approved by the director and specified by the registry administrator.

(2) If

section 1 (7) [definitions and

interpretation – multiple operators] of the Greenhouse Gas Emission Reporting Regulation applies to a regulated operator, a person applying under subsection (1) of this

section on behalf of the designated operator must provide the following information:

(

a) the name and contact information of the designated operator;

(

b) the information required under subsection (1) (

c) to (h), as applicable, in relation to each of the other operators of the regulated operation, and for that purpose a reference in subsection (1) (

c) to (

h) to the proposed account holder is to be read as a reference to the operator.

(3) A person submitting an application under subsection (1) must provide the following:

(

a) the name of the individual who, on behalf of the proposed account holder, is to

(

i) have electronic access to the person’s accounts,

(ii) be authorized to conduct transactions in the registry, and

(iii) manage the person’s accounts in the registry;

(

b) a signed statement of the proposed account holder, or in the case of a corporation, an officer or director of the account holder, that

(

i) the primary account representative identified under paragraph (

a) has the account holder’s authority to

(

A) have electronic access to the account holder’s account and conduct transactions in the registry on behalf of the account holder, and

(

B) authorize other individuals to exercise the powers of the primary account representative on behalf of the account holder, and

Verification of identity and authority

6.1

(1) An application under

section 6 (1) must include

(

a) a copy of one piece of valid government-issued photo identification for the primary account representative,

(

b) contact information, including an email address and telephone number at which the primary account representative can be contacted, and

(

c) a signed statement of the primary account representative that

(

i) the identification provided under paragraph (

a) is the primary account representative’s identification, and

(2) If the primary account representative authorizes a secondary account representative, the following must be submitted to the registry administrator in respect of each authorized secondary account representative:

(

a) a copy of one piece of valid government-issued photo identification for the secondary account representative;

(

b) contact information, including an email address and telephone number at which the secondary account representative can be contacted;

(

c) a signed statement of the secondary account representative that

(

i) the identification provided under paragraph (

a) is the secondary account representative’s identification, and

(3) A person submitting an application under

section 6 (1), other than the operator of a regulated operation, must provide the following:

(

a) proof that the proposed account holder holds an account in good standing in a financial institution that provides the services of a savings institution in Canada or the United States of America;

(

b) in the case of a corporation incorporated under, but not by,

an Act of British Columbia or another jurisdiction inside or outside Canada, proof that the corporation is currently registered in British Columbia with the Registrar of Companies;

(

c) in the case of a corporation established or continued by an enactment, a copy of the enactment;

(

d) in the case of an individual applying on behalf of another person, evidence satisfactory to the registry administrator that the individual is authorized by the other person to apply on its behalf.

Conditions applicable to account holders

6.2

(1) An account holder must advise the registry administrator within 30 days after any change in the information provided under

section 6.

(2) It is a condition of holding an account that the primary account representative for the account holder has authority to, by electronic means, conduct transactions in the registry, and manage the accounts, on behalf of the account holder until the registry administrator receives written notice from that account holder cancelling the authority of the primary account representative.

(3) It is a condition of holding an account that a secondary account representative, if any, has authority to, by electronic means, conduct transactions in the registry, and manage the accounts, on behalf of the account holder whose primary account representative authorized the secondary account representative until the registry administrator receives written notice from the primary account representative or account holder cancelling the authority of the secondary account representative.

(4) It is a condition of holding an account that the account holder agrees that the registry administrator is not liable, and neither the BC Carbon Registry nor the government is vicariously liable, for any loss or damage caused to the account holder because of anything done or not done by a primary account representative, or a secondary account representative, acting or purporting to act under the authority referred to in subsection (2) or (3), as applicable.

(5) It is a condition of holding an account that the account holder agrees that the registry administrator is not liable, and neither the BC Carbon Registry nor the government is vicariously liable, for any loss or damage caused to the account holder through the registry because of a breach of the account holder’s security system.

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