Newfoundland and Labrador Gazette, Part II — 7 March 2017 (Extraordinary Issue) — Regulations NLR 13/17, NLR 14/17

NLG 2017-03-07

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, TUESDAY, MARCH 7, 2017 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 13/17 NLR 14/17

Extraordinary Gazette March 7, 2017 3 NEWFOUNDLAND AND LABRADOR REGULATION 13/17 Proclamation bringing sections 4, 10, 11, 26 and 29 into force (SNL2016 cM-1.001) under the Management of Greenhouse Gas Act (O.C. 2017-089) (Filed March 7, 2017) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. ANDREW PARSONS Attorney General J. DEREK GREEN Administrator TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 31 of “An Act to Regulate Greenhouse Gas Emissions from Industrial Facilities in the Province,” Statutes of Newfoundland and Labrador 2016,

Chapter M-1.001 (the “Act”), it is provided that the Act or a section, subsection, paragraph or subparagraph of the Act, comes into force on a day or days to b e proclaimed by the Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that sections 4, 10, 11, 26 and 29 of the Act shall now come into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that sections 4, 10 , 11, 26 and 29 of “An Act to Regulate Greenhouse Gas Emissions from Industrial Facilities in the Province,” Statutes of Newfoundland and Labrador 2016,

Chapter M-1.001 shall come into force on the date of publication of this proclamation in The Newfoundland and Labrador Gazette.

Proclamation bringing

an Act to Regulate Greenhouse Gas Emissions from Industrial Facilities in the Province into force (In force March 7, 2017) 13/17 Extraordinary Gazette March 7, 2017 4 OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take not ice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable J.

Derek Green, Chief Justice of Newfoundland and Labrador, Court of Appeal, Administrator in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE In Our City of St. John’s this 6 th day of March in the year of Our Lord two thousand and seventeen in the sixty-sixth year of Our Reign. BY COMMAND, EDDIE JOYCE Registrar General

Extraordinary Gazette March 7, 2017 5 NEWFOUNDLAND AND LABRADOR REGULATION 14/17 Management of Greenhouse Gas Reporting Regulations under the Management of Greenhouse Gas Act (Filed March 7, 2017) Under the authority of

section 29 of the Management of Greenhouse Gas Act, I make the following regulations. Dated at St. John’s, February 22, 2017. Perry Trimper Minister Responsible for Climate Change REGULATIONS Analysis 1.

Short title 2.

Interpretation 3. Hydrofluorocarbons and perfluorcarbons 4. Carbon dioxide equivalent 5. Application 6. Quantification of carbon dioxide equivalent 7. Emissions report 8. Annual volume of production report 9. Prior reports 10. Revised emissions report 11. Requirement for verification of emissions report 12. Verification team 13. Peer review 14. Conflict of interest 15. Verification of emissions report 16. Verification report 17. Verification statement 18. Review by minister 19. Submitting verification report and statement to minister 20. Rejection of verification statement 21. Audit by minister 22. Retention of records by industrial facility 23. Retention of records by verification body

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 6

Schedule A

Schedule B

Schedule C

Schedule D 1. These regulations may be cited as the Management of Greenhouse Gas Reporting Regulations. 2.

(1) In these regulations (a) "Act" means the Management of Greenhouse Gas Act; (b) "biomass" means non-fossilized plants or parts of plants, animal waste or any product made of either of these and includes biomass derived fuels, wood and wood products, agricultural residues and waste and biologically derived organic matter found in municipal and industrial wastes; (c) "carbon sequestration" means (

i) the process of removing carbon dioxide from the atmosphere and depositing it in an underground reservoir, and (ii) the process of removing carbon dioxide from flue gasses and depositing it in an underground reservoir; (d) "conflict of interest report " means a report that includes (

i) an assessment of threats to independence, (ii) strategies for mitigating threats to independence, and (iii) a report on implementation of the strategies referred to in subparagraph (ii); (e) "emissions factor" means the average emission rate of a greenhouse gas for a source relative to a unit of activity; (f) "emissions report" means th e annual report regarding greenhouse gas emissions referred to in

section 10 of the Act;

Short title

Interpretation

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 7 (g) "flue gas" means exhaust gas entering the atmosphere via a pipe or channel from a fireplace, oven, furnace, boiler or steam generator; (h) "independent peer reviewer" means an individual employed or contracted by a verification body to provide an independent peer review of the verification; (i) "ISO 14064-3" means standard ISO 14064-3, published by the International Organization for Standardization and entitled "Greenhouse Gases -

Part 3: Specification with guidance for the validation and verification of greenhouse gas assertions", as amended from time to time; (j) "ISO 14065" means standard ISO 14065, published by the International Organization for Standardization and entitled "Greenhouse Gases - Requirements for greenhouse gas validation and verification bodies for use in accreditation or other forms of recognition", as amended from time to time; (k) "lead verifier" means the i ndividual employed or contracte d by the verification body who is responsible for expressing the opinion of the verification body on the correctness and accuracy of the contents of the verification report and verification statement; (l) "NAICS code" means the 6 digit code applicable to one or more producing units within an industrial facility under the North American Industrial C lassification System (NAICS) Canada, 2007, published by Statistics Canada, as amended from time to time; (m) "reporting period" means (

i) for an industrial facility that was operating before 2016, the calendar year starting January 1, 2016, (ii) for an industrial facility that started operating after January 1, 2016, the period beginning on the day the industrial facility started to operate and ending on the last day of that calendar year, and

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 8 (iii) each calendar year following the calendar year referred to in subparagraph (

i) or (ii); (n) "source categories" means th e source categories listed in subsection 5(1); (o) "threat to independence" means a factor that might reasonably be expected to potentially reduce the ability of a member of a verification team, an independent peer reviewer or a verification body to fulfil his, her or its role in the verification in an ethical, obj ective and independent manner and includes a verification body, member of a verification team or an independent peer reviewer (

i) having a direct or indir ect financial interest in the industrial facility, (ii) being in a position of rev iewing his, her or its work, (iii) promoting or being perceived to promote the owner of the industrial facility or the operator's position or opinion to the point that objectivity may, or may be perceived to be, compromised, (iv) having familiarity or a relationship with the owner of the industrial facility, the operator or its staff that decreases appropriate relia nce on objective evidence, and (

v) having a perception of bei ng intimidated or coerced; (p) "verification body" means a person that is accredited by a member of the International Accreditation Forum in accordance with ISO 14065; (q) "verification report" means a written report referred to i n

section 16; and (r) "verification statement" means a written declaration by a verification body that attests as to whether or not an emissions report is free of material errors, omissions or misrepresentations and whether the emissions report conforms to the requirements of these regulations.

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 9

(2) In these regulations, a reference to "WCI" and a number refers to a standard set out by the Western Climate Initiative' s Final Requirements of Mandatory Reporting designated by that number, as amended from time to time and, w here the number refers to a hea ding within the Final Essential Requirements of Mandatory Reporting, includes all the standards under that heading. 3.

(1) For the purpose of subparagraph 2(f)(iv) of the Act, the categories of hydrofluorocarbons listed in

Schedule A are inclu ded in the definition of greenhouse gas.

(2) For the purpose of subparagraph 2(f)(

v) of the Act, the categories of perfluorocarbons listed in

Schedule B are include d in the definition of greenhouse gas. 4. For the purpose of paragraph 2(

a) of the Act, the carbon dioxi de equivalent of a greenhouse gas is calculated as follows: E = GHG x GWP where E = carbon dioxide equivalent; GHG = mass of greenhouse gas; and GWP = global warming potential for the greenhouse gas, as set out in Column 3 of the table in

Schedule C 5.

(1) These regulations apply to an operator who generates a greenhouse gas set out in

Schedule C if generated from any of t he following source categories at an industrial facility: (

a) general stationary combustion; (

b) refinery fuel gas combustion; (

c) electricity generation; (

d) mobile equipment; (

e) petroleum refining; Hydrofluorocarbons and perfluorcarbons Carbon dioxide equivalent Application

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 10 (

f) hydrogen production; (

g) iron and steel manufacturing; (

h) nickel and copper metal production; and (

i) lime manufacturing.

(2) The source categories referred to in subsection (1) have t he same meaning as in the Western Climate Initiative's Final Essen tial Requirements of Mandatory Reporting. 6.

(1) An operator shall ensure that the carbon dioxide equivale nt generated from all source categories at the industrial facility shall be quantified in accordance with this section.

(2) The total mass of each gree nhouse gas that is generated from all source categories at the industrial facility shall be quant ified using the standard quantification methods set out for each source cat egory in the WCI standard referred to in

Schedule D.

(3) Notwithstanding subsection (2), where the WCI standard referred to in

Schedule D does not have a quantification method for one or more greenhouse gases generat ed from a source category at th e industrial facility, the operator may quantify the greenhouse gas using a method approved by the minister.

(4) Notwithstanding subsection (2), greenhouse gas generated from a source category referred to in paragraphs 5(1)(

e) to (

i) may be quantified using an alternative quantification method approved by the minister, where the minister is satisfied that the resulting em issions estimates are at least as accurate as the WCI standard.

(5) Notwithstanding subsection (2), greenhouse gas generated from one or more sources within a source category may be quanti fied using methods other than the methods set out in the WCI standar d referred to in

Schedule D, where the total amount of all carbon dioxide equivalent quantified using the methods that are not set out in W C I standards referred to in

Schedule D does not exceed the lesser of, (a) 3% of the total carbon dioxide equivalent generated from a ll source categories at the industrial facility; and Quantification of carbon dioxide equivalent

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 11 (b) 20,000 tonnes.

(6) The total mass of carbon dioxide equivalent generated from all source categories at the industrial facility shall be calcu lated as follows: where E = carbon dioxide equivalent generated from all source categories at the industrial facility in tonnes per reporting period, G H G i = total mass of the greenhouse gas generated from all source categories at the industrial facility in tonnes per reporting period, G W P i = global warming potential for the greenhouse gas, as set out in Column 3 of the Table in

Schedule C, n = the number of greenhouse gases generated by the industrial facility, and i = the greenhouse gas.

(7) If the total mass of carbon dioxide equivalent generated f rom all source categories at the industrial facility, as quantified i n accordance with this section, is not a whole number when expres sed in tonnes, the number shall be rounded up to the nearest tonne.

(8) Except if subsection (5) applies in respect of quantificat ions, if the WCI standard referred to in

Schedule D provides a choice o f calculation methods for a source, the operator shall select one calculation method and continue to use that method for all subs equent quantifications, unless written consent to use another method i s obtained from the minister. 7.

(1) An emissions report shall be submitted to the minister on or before June 1 of the calendar year immediately following the re porting period. Emissions report

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 12

(2) Notwithstanding subsection (1), if an industrial facility closes permanently before the end of a reporting period, the en d of that reporting period is considered to be the last day on which the industrial facility operated.

(3) All greenhouse gas emissions reported under these regulations shall be reported in metric tonnes of carbon dioxid e equivalent.

(4) An emissions report shall be in writing and shall include (

a) the name and address of the industrial facility; (

b) the name of the owner of the industrial facility; (

c) the name of the operator; (

d) the name of the individual designated by the operator to s ign on behalf of the operator; (

e) the business number assigned to the industrial facility by the Canada Revenue Agency; (

f) the NAICS code of t he industrial facility; (

g) the National Pollutant Release Inventory number assigned t o the industrial facility by Environment and Climate Change Canada; (

h) the reporting period for which the emissions report is submitted; (

i) the date on which the emissions report is submitted; (

j) the total carbon dioxide equivalent generated from all sou rce categories at the industrial facility, as quantified in accordance with

section 6; (

k) the total carbon dioxide generated from the combustion of biomass; (

l) the total greenhouse gas emissions sequestered through carbon sequestration activities, including an explanation of

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 13 how the greenhouse gas emissions were used, transferred or stored; (

m) the quantity of each greenhouse gas set out in

Schedule C that was generated from each of the source categories at the industrial facility; (

n) e m i s s i o n s f a c t o r s i n r e s p e c t o f t h e g r e e n h o u s e g a s e s generated at the industrial facility in accordance with the standard quantification methods set out in the WCI standards referred to in

Schedule D; (

o) emissions factors used where the emissions factors used differ from the emissions factors used in the standard quantification methods set out in the WCI standards referred to in

Schedule D; (

p) the amount of carbon dioxide equivalent quantified for eac h source category in accordance with subsection 6(6); (

q) the annual volume of product the industrial facility produces; (

r) the standard quantification methods set out in the WCI standards referred to in

Schedule D used at the industrial facility for quantifying the greenhouse gases or another method allowed under subsection 6(3), (4) or (5); (

s) the emission estimation method used at the industrial facility; and (

t) a statement signed and dated by the individual designated by the operator to sign on behalf of the operator, certifying that (

i) he or she has examined the emissions report to ensure that it is complete and accurate, (ii) the emissions report has been prepared in accordance with these regulations, and (iii) the statements and information contained in the emissions report are true to the best of his or her knowledge.

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 14

(5) For the purposes of paragraph (4)(q), an operator shall, before the first reporting period, submit to the minister for a pproval his or her proposed method of measuring the product the industrial facility produces.

(6) Where an operator changes one or more of the products the industrial facility produces and the operator is of the opinion that the change impacts the method approved under subsection (5), the op erator shall, before the next reporting period after the change, (

a) notify the minister of the change; and (

b) submit a proposed revised method of measuring the products the industrial facility produces to the minister for approval.

(7) Once the minister has approved a proposed method under subsection (5) or (6), the operator shall continue to use that method until (

a) the operator proposes a new method of measuring the products the industrial facility produces and the minister approves the new proposed method; or (

b) the minister determines that a new method of measuring the products the industrial facility produces is more appropriate.

(8) Where an industrial facility that was not previously subje ct to the Act and these regulations has emitted 15,000 tonnes of c arbon dioxide equivalent as of December 31 of a calendar year the ope rator shall, by March 31 of the following calendar year, notify the minister in writing that the industrial facility has emitted at least 15,00 0 tonnes of carbon dioxide equivalent in that calendar year. 8.

(1) An operator shall submit, at the time it submits its first emissions report a report regarding the annual volume of produc t the industrial facility produced during the previous 4 year period. ( 2 ) In the report referred to in subsection (1) the method of measurement shall be the same method proposed by the operator a nd approved by the minister under subsection 7(5).

(3) Notwithstanding subsection (2), where it is not reasonably practicable for the industrial facility to use the method refer red to in Annual volume of production report

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 15 subsection (2), the operator shall provide all reports and docu mentation relating to the volume of product the industrial facility produ ced during the previous 4 year period that the operator submitted to the Department of Environment and Climate Change as required under a Certificate of Approval issued under the Environmental Protection Act. 9. Where an industrial facility is required to report its greenh ouse gas emissions to Environment and Climate Change Canada under

section 46 of the Canadian Environmental Protection Act, 1999, t h e operator shall submit, at the time it submits its first emissions report, all reports and documentation that it submitted to Environment and Climate Change Canada for the previous 4 year period. 10.

(1) Where an operator becomes aware of an error, omission or misrepresentation in an emissions report that has been prepared a n d submitted to the minister, he or she shall submit a revised emi ssions report to the minister.

(2) A revised emissions report shall include (

a) a description of the difference between the emissions repo rt and the revised emissions report, including the reasons for the difference; and (

b) a statement signed and dated by the individual designated by the operator to sign on behalf of the operator stating that (

i) the revised emissions rep ort is complete and accurate, (ii) the revised emissions report has been prepared in accordance with these regulations, and (iii) the statements and information contained in the revised emissions report are true to the best of his or her knowledge.

(3) Notwithstanding subsection (1), a revised emissions report is not required to be submitted to the minister if the difference between (

a) the carbon dioxide equivalent of the total greenhouse gas emissions attributable to the industrial facility during a reporting period as reported in the emissions report for the same reporting period; and Prior reports Revised emissions report

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 16 (

b) the carbon dioxide equivalent of the total greenhouse gas emissions attributable to the industrial facility during that reporting period calculated in accordance with these regulations, does not exceed the lesser of 1% or 1000 tonnes of total carbon dioxide equivalent of the greenhouse gas emissions attributable to the industrial facility during the reporting period as reported in the emissions report.

(4) A revised emissions report shall be submitted to the minis ter within 60 days of the operator becoming aware of the error, omission or misrepresentation.

(5) Where a revised emissions report is required under this

section and the emissions report has already been verified by a verification body, the operator shall include a revised verific ation report and verification statement with the revised emissions report. 11.

(1) Where an industrial facility emits 25,000 tonnes of carbon dioxide equivalent or more of greenhouse gases in a year, the o perator shall have a verification body conduct a verification of the em issions report.

(2) Notwithstanding subsection (1), a verification is not requ ired for the year in which an industrial facility permanently closes. 12. In establishing a verification team for the purposes of conducting verifications under these regulations, a verificatio n body shall ensure that (

a) the verification body is in compliance with ISO 14065, as it relates to verification teams; (

b) a verification team meets th e requirements for a verifier set out in ISO 14064-3; and (

c) a person selected to form p art of a verification team does not subcontract the conduct of verifications to another person. 13. A verification body shall ensure that each verification that i t conducts for the purposes of these regulations is reviewed by a n independent peer reviewer in accordance with ISO 14065, as it r elates to verification activities. Requirement for verification of emissions report Verification team Peer review

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 17 14.

(1) A member of a verifica tion team shall, before the verification, ensure that he or she is free of any potential th reat to independence in relation to the verification.

(2) Notwithstanding subsection (1), a member of a verification team that is not free of any potential threat to independence i n relation to the verification may particip ate in the verification if, bef ore the verification, he or she establishes and documents strategies fo r mitigating any threat to independence, and during the verificat ion complies with those strategies so that a reasonable person woul d conclude that the potential for the threat to independence to i nfluence the objectivity of the verification is insignificant. 15.

(1) A verification body that conducts a verification under the se regulations shall ensure that the verification complies with IS O 14064- 3.

(2) The verification shall include (

a) a review of records relevant to the verification; (

b) an assessment of the sources and magnitude of potential errors, omissions and misrepresentations for the purposes of designing an appropriate verification plan; (

c) a verification plan, including a sampling plan; (

d) site visits; (

e) application of verification procedures at a reasonable lev el of assurance notwithstanding that ISO 14064-3 may permit another level of assurance; (

f) an evaluation of the consistency of the emissions report a nd the methodologies used to quantify emissions with the requirements in these regulations; and (

g) an assessment of the materiality of any errors, omissions or misrepresentations identified.

(3) Notwithstanding that ISO 14064-3 may permit another level of assurance, the verification of an emissions report shall be conducted Conflict of interest Verification of emissions report

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 18 for the purposes of determining whether there is a reasonable l evel of assurance that the emission report (

a) does not contain any material discrepancy; and (

b) was prepared in accordance with these regulations.

(4) For the purpose of subsection (3), a verification body sha ll determine that there is a reasonable level of assurance that th ere is a material discrepancy if it determ ines, after verifying the emis sions report, that either (

a) the percent discrepancy in the total carbon dioxide equivalent reported results in more than a 5% discrepancy, based on the following formula: PD = (SOU/TRE x 100) where PD = percent discrepancy, SOU = the net result of summing overstatements and understatements from errors, omissions and misrepresentations in tonnes of carbon dioxide equivalent, TRE = the total carbon dioxide equivalent reported under paragraph 7(4)(j), or (

b) t h e i n d i v i d u a l o r a g g r e g a t e e f f e c t o f o n e o r m o r e e r r o r s , omissions or misrepresentations identified in the course of verification makes it probable that there is more than a 5% discrepancy in the total carbon dioxide equivalent reported under paragraph 7(4)(j). 16.

(1) After conducting a verification of an emissions report und er these regulations, the verification body shall prepare and subm it to the operator a verification report.

(2) A verification report shall include Verification report

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 19 (

a) the name and business address of the verification body; (

b) the name of the lead verifier; (

c) satisfactory proof that the members of the verification te am meet ISO 14064-3 and 14065 requirements; (

d) the name, address and operator of the industrial facility; (

e) the date of the v erification report; (

f) a

summary of the work the verification body performed as part of the verification, including a description of (

i) the verification procedures used to test the data included in the emissions report, and (ii) the additional information, not in the emissions report, that was directly or indirectly relied on by the verification body in the course of conducting the verification; (

g) verified estimates of the information required under paragraphs 7(4)(

j) to (

m) and (p); (

h) the date of every site visit that was conducted; (

i) a signed declaration by the lead verifier that (

i) the verification body is an accredited verification body, (ii) the evidence obtained during the verification is sufficient and appropriate to support the verification opinion, (iii) the verification statement is true, accurate and complet e, and (iv) the verification work documented in the verification statement was conducted in accordance with these regulations; (

j) a signed declaration from an independent peer reviewer tha t

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 20 (

i) the independent peer reviewer was not involved in the verification documented in the verification report, other than providing an independent peer review, and (ii) the verification used to produce the verification report was appropriate; and (

k) a conflict of interest report. 17.

(1) In addition to a verification report, a verification body shall prepare and submit to the operator (

a) a positive verification statement where the verification b ody has determined that there is a r easonable level of assurance that the emissions report contains no material discrepancy as determined in accordance with subsection 15(4); or (

b) written notice of the nature of the error, omission, misrepresentation or non-compliance that it has identified where the verification body has determined that there is not a reasonable level of assurance that the emissions report contains a material discrepancy as determined in accordance with subsection 15(4).

(2) A verification statement sh all meet the requirements set o ut in ISO 14064-3.

(3) A notice under paragraph (1)(

b) shall include a written statement stating that the determination of the verification body may be reviewed by the minister upon written request from the operator to the minister within 7 days of receipt of the notice under paragraph (1)(b).

(4) A copy of a request referred to in subsection (3) shall be sent to the verification body.

(5) Where the operator does not (

a) submit a revised emissions report to the minister and the verification body; or (

b) make a request u nder subsection (3), Verification statement

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 21 within 7 days of receiving a noti ce under paragrap h (1)(b), the verification body shall prepare an adverse verification stateme nt and submit the statement to the operator. 18.

(1) Upon receiving a request under subsection 17(3), the minister shall review the determination and provide written not ice to the operator and the verification body (

a) confirming the determination of the verification body; or (

b) rejecting the determination of the verification body and deeming the emissions report to have been positively verified.

(2) If the minister is of the opinion that additional informat ion is required for the purposes of reviewing a determination under subsection (1), the minister may request additional information f r o m the operator or the verification body and the operator or the verification body shall provide that information within 21 days of the request.

(3) If the minister confirms the determination of the verifica tion body under paragraph (1)(a), the operator shall, within 60 days after the date of the minister's confirmation, submit a revised emissions report, verification report and verification statement to the minister and the verification body. 19. An operator shall provide a copy of the verification report an d verification statement to the minister on or before September 1 of the calendar year immediately following the reporting period. 20.

(1) The minister may reject (

a) an adverse verifi cation statement; or (

b) a positive verification statement if, (

i) he or she determines that the verification was not free from any threat of independence, or (ii) based on the findings of an audit under

section 21, the minister determines that there is no reasonable level of assurance of the matters referred to in subsection 15(4). Review by minister Submitting verification report and statement to minister Rejection of verification statement

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 22

(2) If the minister makes a det ermination under subsection (1) , the minister shall provide written notice to the operator and t o the verification body.

(3) If the minister makes a determination under subparagraph (1)(b)(i), the operator shall ensure that the emissions report is verified by another verification body w ithin 120 days after receiving no tice of the minister's determination.

(4) If the minister makes a determination under subparagraph (1)(b)(ii), the operator shall ensure that the emissions report is (

a) verified by the same verification body within 60 days afte r receiving notice of the minister's determination; or (

b) verified by another verification body within 120 days afte r receiving notice of the minister's determination where the minister requires that the emissions report be verified by another verification body. 21.

(1) The minister may require an audit of a verification report by giving written notice to (

a) the operator; and (

b) the verification body that conducted the verification of t he emissions report.

(2) The minister may require an audit of an emissions report b y giving written notice to the operator.

(3) An operator or a verifi cation body who receives written notice under subsection (1) or (2) shall comply with the notice and assist with the audit.

(4) Upon request of the minister, the operator shall provide t he following documents for the purposes of an audit under this section: (

a) all of the data used to generate the emissions report, including all data made availabl e to a verification body for the purposes of the verification of the emissions report; and Audit by minister

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 23 (

b) the verification report and verification statement prepare d by the verification body.

(5) Upon request of the minister, a verification body shall provide all information related to the verification and prepara tion of a verification report and verification statement for the purposes o f a n audit under this section. 22.

(1) An operator shall keep the following documents and records in a paper or electronic format for a period of at least 7 year s after the reporting period to which the information relates: (

a) all records used to quantify greenhouse gas emissions required to be reported under these regulations; (

b) records of any calculations and methods used to quantify greenhouse gas emissions; (

c) records of all emission factors used to quantify greenhous e gas emissions; (

d) all records submitted to the minister under these regulati ons, including the emissions report; (

e) all records related to any calculations and methods used t o substitute for data that has been lost or missing; (

f) names, job titles and contact information of the individua l designated by the operator to sign on behalf of the operator and other industrial facility personnel involved in quantifying emissions or quality assurance; (

g) records indicating what task was performed by each individual referred to in paragraph (f); (

h) a log prepared for each reporting period documenting any changes in calculations and methods and instrumentation used to quantify greenhouse gas emissions; (

i) documentation respecting any revisions and reasons for those changes to the emissions report; Retention of records by industrial facility

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 24 (

j) all records related to the verification process for the emissions report; and (

k) any other information that i s required for the verificatio n of the emissions report.

(2) If the minister requests a document or record referred to in subsection (1), the operator shall provide the document or record within 15 days of the request. 23. A verification body shall keep the following documents and records in paper or electronic fo r m a t f o r a p e r i o d o f a t l e a s t 7 years after they have been created or submitted: (

a) documents and records generated during a verification; (

b) verification statements; (

c) verification reports; and (

d) all documents on which the conclusions in a verification statement or verification report were based. Retention of records by verification body

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 25

Schedule A 1 . H F C - 2 3 ( C H F 3) 2 . H F C - 3 2 ( C H 2F2) 3 . H F C - 4 1 ( C H 3F) 4. HFC-43-10mee (CF 3CHFCHFCF2CF3) 5. HFC-125 (CHF 2CF3) 6. HFC-134 (CHF 2CHF2) 7. HFC-134a (CH 2FCF3 8. HFC-143 (CH 2FCHF2) 9. HFC-143a (CH 3CF3) 1 0 . H F C - 1 5 2 ( C H2FCH2F) 11. HFC-152a (CH 3CHF2) 1 2 . H F C - 1 6 1 ( C H3CH2F) 13. HFC-227ea (CF 3CHFCF3) 14. HFC-236cb (CH 2FCF2CF3) 15. HFC-236ea (CHF 2CHFCF3) 1 6 . H F C - 2 3 6 f a ( C F3CH2CF3) 17. HFC-245ca (CH 2FCF2CHF2) 1 8 . H F C - 2 4 5 f a ( C H F2CH2CF3) 19. HFC-365mfc (CH 3CF2CH2CF3)

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 26

Schedule B 1. Perfluoromethane (CF 4) 2. Perfluoroethane (C 2F6) 3. Perfluoropropane (C 3F8) 4. Perfluorobutane (C 4F10) 5. Perfluorocyclobutane (c-C 4F8) 6. Perfluoropentane (C 5F12) 7. Perfluorohexane (C 6F14) 8. Perfluorodecalin (C 10F18) 9. Perfluorocyclopropane (c-C 3F6)

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 27

Schedule C Greenhouse Gas Chemical Formula Global Warming Potential Carbon dioxide CO 2 1 Methane CH4 25 Nitrous oxide N 2O 298 Sulphur hexafluoride SF 6 22,800 HFC-23 CHF 3 14,800 HFC-32 CH 2F2 675 HFC-41 CH 3F 92 HFC-43-10mee CF 3CHFCHFCF2CF3 1,640 HFC-125 CHF 2CF3 3,500 HFC-134 CHF 2CHF2 1,100 HFC-134a CH 2FCF3 1,430 HFC-143 CH 2FCHF2 353 HFC-143a CH 3CF3 4,470 HFC-152 CH 2FCH2F 53 HFC-152a CH 3CHF2 124 HFC-161 CH 3CH2F 12 HFC-227ea CF 3CHFCF3 3,220 HFC-236cb CH 2FCF2CF3 1,340 HFC-236ea CHF 2CHFCF3 1,370 HFC-236fa CF 3CH2CF3 9,810 HFC-245ca CH 2FCF2CHF2 693 HFC-245fa CHF 2CH2CF3 1,030 HFC-365mfc CH 3CF2CH2CF3 794 Perfluoromethane CF 4 7,390 Perfluoroethane C 2F6 12,200 Perfluoropropane C 3F8 8,830 Perfluorobutane C 4F10 8,860 Perfluorocyclobutane c-C 4F8 10,300 Perfluoropentane C 5F12 9,160 Perfluorohexane C 6F14 9,300 Perfluorodecalin C 10F18 7,500 Perfluorocyclopropane c-C 3F6 17,340

Management of Greenhouse Gas Reporting Regulations 14/17 Extraordinary Gazette March 7, 2017 28

Schedule D Source Category Quantification reference General Stationary Combustion WCI.020 Refinery Fuel Gas Combustion WCI.030 Electricity Generation WCI.040 Mobile Equipment WCI.280 Petroleum Refining WCI.200 Hydrogen production WCI.130 Iron and Steel Manufacturing WCI.150 Nickel and copper metal production WCI.260 Lime Manufacturing WCI.170 ©Queen's Printer

29 ST. JOHN'S, TUESDAY, MARCH 7, 2017 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Management of Greenhouse Gas Act Proclamation NLR 13/17 New Mar. 7/17 p. 3 bringing Sections 4, 10, 11, 26 and 29 of the Act into force Management of NLR 14/17 New Mar. 7/17 p. 5 Greenhouse Gas Reporting Regulations

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2017-03-07
Type	gazette
Volume / chapter	printer gazette extraordinary issues 2017 nlg170307 extra
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	bb6592efb1744686e6942ee0e93a10e138397e4d

Source file is stored in the law ingest library (pdf).