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Part II .

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Output-Based Pricing System Registration and Opt-in Regulations

made under

Section 112ZJ of the

Environment Act

S.N.S. 1994-95, c. 1

O.I.C. 2023-35 (effective January 1, 2023), N.S. Reg. 32/2023

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Establishment of output-based pricing system

Designation of opted-in facility

Effective date for opt-in designation

Registration of regulated facility

Removal from registration for regulated facility

Re-registration for regulated facility

Citation

1 These regulations may be cited as the Output-Based Pricing System Registration and

Opt-in Regulations .

Definitions

2 In these regulations,

“Act” means the Environment Act ;

“Minister” means the Minister of Environment and Climate Change;

“year” means a calendar year.

Establishment of output-based pricing system

3 An output-based pricing system is hereby established in accordance with

Section 112S of

the Act.

Designation of opted-in facility

(1) For the purposes of

Section 112U of the Act, the owner or operator of an industrial

facility that emits 10 000 tonnes or more but less than 50 000 tonnes of carbon

dioxide equivalent of greenhouse gases in any of the 3 years immediately before

January 1, 2023, or in any subsequent year, may apply to the Minister to have the

industrial facility designated as an opted-in facility in accordance with

Section 5.

(2) An application for designation must be made in the form and manner established

by the Minister and include any documentation the Minister requires.

(3) If the Minister is satisfied that an application for designation meets the

requirements of this

Section and

Section 5, the Minister must designate the facility

as an opted-in facility.

(4) If the Minister refuses an application for designation, the Minister must give

written notice to the applicant that includes all of the following:

(

a) the reasons for the refusal;

(

b) a statement that the applicant may, no later than 5 business days after the

date the notice was given, submit comments in writing to the Minister

respecting the refusal.

(5) After considering any comments received from an applicant within the time

specified in the notice under subsection (4), the Minister must do 1 of the

following:

(

a) give the applicant written notice that the facility has been designated as an

opted-in facility;

(

b) give the applicant written notice of the Minister’s refusal to designate the

facility as an opted-in facility.

Effective date for opt-in designation

(1) If designated by the Minister under subsection 4(3), an application submitted in

accordance with

Section 4 on or before April 1, 2023, is deemed to have been

designated on January 1, 2023.

(2) For a designation in any subsequent year, an application must be submitted in

accordance with

Section 4 on or before September 1 of the year before the year in

which the designation is intended to be effective.

Registration of regulated facility

(1) For the purposes of

Section 112V of the Act, and unless exempted by these

regulations, the owner or operator of a regulated facility must apply to the Minister

for registration of the regulated facility in accordance with the following deadlines:

(

a) for designation during the 2023 year, on or before April 1, 2023;

(

b) for each subsequent year, by September 1 of the year after the year in which

the facility first has a total quantity of regulated emissions of 50 000 tonnes

or more of carbon dioxide equivalent of greenhouse gases.

(2) Despite clauses (1)(

a) and (1)(b), the owner or operator of an opted-in facility must

apply for registration of the opted-in facility no later than 15 business days after the

date the facility is designated as an opted-in facility under

Section 4.

(3) Despite subsection (2) and the effective date under subsection 5(1), the owner or

operator of an opted-in facility who receives its designation in accordance with

subsection 5(1) is deemed to have complied with subsection (2) if they apply for

registration of the opted-in facility under

Section 4 within business 15 [15

business] days of the date they received their designation.

(4) If the owner and operator of a regulated facility are different persons, only 1

registration is required for the regulated facility.

(5) An application for registration must be made in the form and manner established

by the Minister and include any documentation the Minister requires.

(6) If the Minister is satisfied that the application for registration meets the

requirements of this Section, the Minister must register the regulated facility.

(7) If the Minister refuses an application for registration, the Minister must give

written notice to the applicant that includes all of the following:

(

a) the reasons for the refusal;

(

b) a statement that the applicant may, no later than 5 business days after the

date the notice was given, submit comments in writing to the Minister

respecting the refusal.

(8) After considering any comments received from an applicant within the time

specified in the notice under subsection (7), the Minister must do 1 of the

following:

(

a) give the applicant written notice that the facility has been registered;

(

b) give the applicant written notice of the Minister’s refusal to register the

facility.

(9) If an application for registration is refused and the applicant wishes to re-apply, the

applicant must apply in accordance with the directions of the Minister.

(10) The owner or operator of a regulated facility must notify the Minister in writing of

any changes in the information submitted for the purposes of registration and

provide updated information to the Minister no later than 30 days after the date of

the change in information.

Removal from registration for regulated facility

(1) Upon application by the owner or operator of a regulated facility, the Minister may

order that the regulated facility be removed from registration if the total quantity of

regulated emissions by the regulated facility is less than 50 000 tonnes of carbon

dioxide equivalent of greenhouse gases in each of the 3 consecutive years before

the date of the application.

(2) An application under subsection (1) may be made after the greenhouse gas

emissions report required under

Section 112X of the Act is submitted to the

Minister.

that may include exemptions from any requirement of the Act, the regulations and

(4) The owner or operator of a regulated facility must comply with all terms and

conditions imposed by the Minister.

(5) If a regulated facility is exempt from the requirement to register, the Minister may

order that the regulated facility be removed from registration and the Minister must

provide written notice of the removal to the owner or operator of the regulated

facility.

Re-registration for regulated facility

(1) The owner or operator of a regulated facility that has been removed from

registration under

Section 7 must re-register the facility in accordance with

Section

112V of the Act if the regulated facility has a total quantity of regulated emissions

of 50 000 tonnes or more of carbon dioxide equivalent of greenhouse gases in any

year after the removal.

(2) An order made by the Minister under

Section 7 will be revoked upon the re-registration of a regulated facility.

(3) Clause 6(1)(

a) and subsections 6(4) to (10) apply with the necessary changes in

detail to a re-registration required under subsection (1).

Legislative History

Reference Tables

Output-Based Pricing System Registration and Opt-in Regulations

N.S. Reg. 32/2023

Environment Act

Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Output-Based Pricing System Registration and Opt-in Regulations made under the Environment Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

32/2023

Jan 1, 2023

date specified

Feb 24, 2023

The following regulations are not yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

Note

Effective

date

S. 6(3) in N.S. Reg. 32/2023 contains the phrase “within business 15 days”. The text has been corrected to read “within 15 business days” for the purposes of this consolidation.

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.