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NEWFOUNDLAND AND LABRADOR

REGULATION 118/18

Opted-in Facilities Regulations

under the

Management of Greenhouse Gas Act

(Filed December 20, 2018)

Under the authority of

section 29 of the Management of Greenhouse Gas Act,

I make the following regulations.

Dated at St. John's, December 20, 2018.

Graham Letto

Minister of Municipal Affairs and Environment

REGULATIONS

Analysis

Short title

Definitions

Opted-in facility

Application for revocation of designation

Revocation of designation by minister

Compliance report

Greenhouse gas reduction target

Commencement

Short title

These regulations may be cited as the Opted-in Facilities Regulations

118/18 s1

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Definitions

In these regulations

(a)

"Act" means the Management of Greenhouse Gas Act

(b)

"compliance report" has the same meaning as in the Management of Greenhouse Gas Reporting Regulations

(c)

"designation" means designation as an opted-in facility; and

(d)

"year" means calendar year.

118/18 s2

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Opted-in facility

An industrial facility designated as an opted-in facility shall remain an opted-in facility unless

(

a) the designation is revoked under

section 4 or 5; or

(

b) the industrial facility emits 25,000 tonnes of carbon dioxide equivalent or more of greenhouse gas in a year.

118/18 s3

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Application for revocation of designation

(1)An operator of an opted-in facility may apply to the minister for revocation of the designation.

(2) An application under subsection (1) shall

(

a) be submitted

in the form and manner determined by the minister;

(

b) be submitted after the operator submits the verification report but before October 1 of the year preceding the year in which the revocation is intended to be effective; and

(

c) contain the information required by the minister.

(3) The minister may revoke the designation where the application satisfies the requirements in subsection (2).

(4) Notwithstanding subsection (1), an operator shall not make an application under subsection (1) until at least 3 years after the industrial facility received its designation.

118/18 s4

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Revocation of designation by minister

Notwithstanding

section 4, the minister may revoke a designation where the opted-in facility emits less than 15,000 tonnes of carbon dioxide equivalent or more of greenhouse gases in 3 consecutive years.

118/18 s5

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Compliance report

Where an industrial facility's designation has been revoked, the operator shall submit the compliance report for the last year that the industrial facility was an opted-in facility on or before November 1 of the following year.

118/18 s6

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Greenhouse gas reduction target

Where an industrial facility's designation has been revoked, the operator may

(

a) sell any performance credits owned by the industrial facility as of the date of the revocation; and

(

b) purchase greenhouse gas reduction credits to achieve its greenhouse gas reduction target for the last year that the industrial facility was an opted-in facility subject to any restrictions in the Management of Greenhouse Gas Regulations

118/18 s7

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Commencement

These regulations come into force on January 1, 2019.

118/18 s8

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