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"Point in Time" Regulation Content

Greenhouse Gas Industrial Reporting and Control Act

Greenhouse Gas Emission Reporting Regulation

B.C. Reg. 249/2015

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 November 7, 2019
December 21, 2020
December 13, 2021
February 16, 2024
July 8, 2024
Section 2 December 21, 2020
Section 3 February 16, 2024
Section 4 February 16, 2024
Section 5 February 22, 2022
Section 8 November 7, 2019
February 16, 2024
Section 9 February 16, 2024
Section 11 February 16, 2024
July 8, 2024
Section 11.1 February 22, 2022
Section 11.2 February 16, 2024
July 8, 2024
Section 11.3 February 16, 2024
July 8, 2024
Section 11.4 February 16, 2024
July 8, 2024
Section 12 February 16, 2024
Section 13 April 1, 2020
December 21, 2020
February 16, 2024
July 8, 2024
Section 14 February 22, 2022
February 16, 2024
Section 15 February 22, 2022
February 16, 2024
July 8, 2024
Section 16 February 16, 2024
Section 18 February 16, 2024
Section 18.1 February 16, 2024
Section 18.2 July 8, 2024
Part 3.1 Section 18.2 and 18.3 February 16, 2024
Section 19 April 1, 2020
December 21, 2020
February 16, 2024
Section 20 February 16, 2024
Section 21 February 5, 2021
February 10, 2023
September 1, 2023
February 16, 2024
Section 22 February 16, 2024
Section 22.1 February 16, 2024
Section 23 September 1, 2023
February 16, 2024
July 8, 2024
Section 23.1 February 16, 2024
Section 24 February 16, 2024
Section 24.1 February 16, 2024
Section 25 December 21, 2020
March 30, 2022
Section 26 December 13, 2021
Section 27 February 16, 2024
Section 28 December 21, 2020
February 16, 2024
Section 29 February 16, 2024
Section 30 April 1, 2020
December 21, 2020
December 13, 2021
February 16, 2024
Section 31 December 21, 2020
December 13, 2021
February 16, 2024
July 8, 2024
Section 32 February 16, 2024
Section 33 December 21, 2020
February 16, 2024
Section 34 February 16, 2024
Section 35 February 16, 2024
Section 36 February 16, 2024
Section 37 February 16, 2024
Section 38 February 16, 2024
Section 39 February 16, 2024
Section 40 February 16, 2024
Section 41.1 July 8, 2024
Section 41.2 July 8, 2024
Part 5.1 Section 41.1 to 41.7 February 16, 2024
Section 41.8 July 8, 2024
Part 5.2 Section 41.8 to 41.10 February 16, 2024
Part 5.3 Section 41.11 to 41.16 February 16, 2024
Section 41.12 to 41.16 July 8, 2024
Section 42 February 16, 2024
Section 43 February 16, 2024
Section 43.1 February 16, 2024
Section 44 December 21, 2020
February 16, 2024
Section 44.1 November 7, 2019
 Schedule A Section 1 February 16, 2024
July 8, 2024
 Schedule A Section 2 December 13, 2021
February 16, 2024
Schedule A Table 1 December 13, 2021
February 16, 2024
July 8, 2024
Schedule A Table 2 December 13, 2021
February 16, 2024
July 8, 2024
Schedule A Table 3 February 22, 2022
February 16, 2024
Schedule A Table 4 December 13, 2021
February 22, 2022
Schedule A.1 February 16, 2024
July 8, 2024
Schedule B Table December 13, 2021
February 16, 2024
July 8, 2024
Schedule C February 16, 2024
July 8, 2024
Schedule C.1 February 16, 2024
Schedule D February 22, 2022
February 16, 2024
Schedule E February 22, 2022
Schedule E.1 February 16, 2024
July 8, 2024
Schedule F February 16, 2024
Schedule G February 16, 2024
July 8, 2024

 Section 1 (1) definition of "liquefied natural gas operation" BEFORE amended by BC Reg 231/2019, effective November 7, 2019.

"liquefied natural gas operation" means an industrial operation that

(a) is designed for producing liquefied natural gas on a commercial scale, and

(b) produces liquefied natural gas;

 Section 1 (2) definition of "authorization date" was added by BC Reg 231/2019, effective November 7, 2019.

 Section 1 (2) definition of "IAF MD4" was added by BC Reg 294/2020, effective December 21, 2020.

 Section 1 (2) definition of "reporting-only emissions" BEFORE amended by BC Reg 323/2021, effective December 13, 2021.

"reporting-only emissions" means carbon dioxide from biomass listed in Schedule C and emissions from source types listed in items 2 and 25 of Table 1 of Schedule A;

 Section 1 (1) definition of "facility" was added by BC Reg 24/2024, effective February 16, 2024.

 Section 1 (2) definitions of "authorization date", "NAICS code", "operation representative" and "reporting-only emissions" BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

"authorization date", in relation to an industrial operation, means the first date on which the industrial operation is legally authorized to begin operations;

"NAICS code" means the 6-digit code applicable to one or more producing units within a reporting operation under the North American Industrial Classification System (NAICS) Canada, 2007, published by Statistics Canada;

"operation representative" means,

(a) in the case of a single operator of an industrial operation,

(i) if the operator of the industrial operation is an individual, the operator,

(ii) if the operator of the industrial operation is a corporation,

(A) a senior officer of the corporation, or

(B) the individual with primary responsibility for the operations and management of the industrial operation, or

(iii) if the operator of the industrial operation is not an individual or a corporation, the individual with primary responsibility for the operations and management of the industrial operation, and

(b) in the case of multiple operators,

(i) an individual who has been authorized in writing by all the operators to act as the operation representative, or

(ii) if subparagraph (i) does not apply, an individual who has been authorized in writing to act as the operation representative by the operator described in subsection (6) (b) of this section;

"reporting-only emissions" means carbon dioxide from biomass listed in Schedule C;

 Section 1 (2) definitions of "BC Energy Regulator", "business mailing address", "date of first shipment", "fuel usage information", "oil and gas extraction and gas processing activities", "regulated product", "sour natural gas" and "sweet natural gas" were added by BC Reg 24/2024, effective February 16, 2024.

 Section 1 (5.1) was added by BC Reg 24/2024, effective February 16, 2024.

 Section 1 (2) definitions of "date of first shipment" and "reporting-only emissions" BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

"date of first shipment", in relation to an industrial operation, means the date on which the operation transports its first shipment of a regulated product from the operation for delivery

(a) to a commercial purchaser of the product for consumption or resale,

(b) to another regulated operation that is to refine or otherwise add commercial value to the product, or

(c) outside of British Columbia;

"reporting-only emissions" means emissions in the Schedule B categories listed in items 1, 2, 3, 4, 6 and 11 of that Schedule;

 Section 2 BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

Effect of amendments

2   Unless otherwise indicated in this regulation, amendments to ISO standards, WCI standards or Canadian Standards Association standards that are incorporated by reference in this regulation apply to the reporting period and compliance period immediately following the reporting period or compliance period in which the amendment is made.

 Section 3 (2) (part) and (3) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(2) Emissions are attributable for a reporting period, for the purpose of section 3 of the Act, to an industrial operation that is a linear facilities operation if, during the reporting period,

(3) In addition to emissions reportable under subsections (1) and (2), if a single facility operation or a linear facilities operation combusts coal, the emissions associated with the storage of that coal, as determined using the methodologies specified in a code, standard or rule referred to in item 7, column 5 in Table 1 of Schedule A, are attributable for the purposes of section 3 of the Act.

 Section 3 (2) (a) and (b) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) the operation carries out an activity listed in column 2 of Table 1 or Table 2 of Schedule A, other than an activity listed in item 2 of Table 1,

(b) the operation emits a greenhouse gas from a source type listed in column 3 of Table 1 or Table 2 of Schedule A opposite the activity, and

 Section 3 (5) was added by BC Reg 24/2024, effective February 16, 2024.

 Section 4 (1) (part) and (3) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(1) The following emissions are attributable for a compliance period, for the purpose of section 6 [compliance obligation] of the Act, to a regulated operation that is a single facility operation or a linear facilities operation:

(3) If an industrial operation becomes an LNG operation part way through a compliance period, emissions otherwise attributable to the industrial operation for reporting purposes before the date the first LNG is produced are not attributable for the compliance period for the purposes of section 6 of the Act.

 Section 4 (1) (b), (c) and (d) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(b) in the case of an LNG operation, emissions attributable, as set out in Table 3 of Schedule A, to the production and transmission of electricity used at the LNG operation, unless the emissions from the production of the electricity are attributable under paragraph (a);

(c) in the case of an LNG operation that obtains natural gas that has been purified or compressed for liquefaction purposes by a facility of a different industrial operation, the emissions that would be attributable under this section to the facility as part of a linear facilities operation were that different industrial operation an LNG operation;

(d) in the case of an LNG operation that stores LNG with a facility of a different industrial operation or uses a facility of a different industrial operation for loading LNG for transport, the emissions that would be attributable under this section to the facility as part of a linear facilities operation were that different industrial operation an LNG operation.

 Section 4 (2) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(2) If a facility described in subsection (1) (c) or (d) provides purification, compression, storage or loading services to more than one LNG operation, on application to the director by an operator of one of those operations, the director may approve the prorating of emissions referred to in those paragraphs among those LNG operations for a compliance period.

 Section 4 (4) and (5) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 5 (1) BEFORE amended by BC Reg 42/2022, effective February 22, 2022.

(1) Emissions are not attributable to public sector organizations, as defined in the Greenhouse Gas Reduction Targets Act.

 Section 8 (1) BEFORE amended by BC Reg 231/2019, effective November 7, 2019.

(1) An industrial operation that is a single facility operation or a linear facilities operation is a reporting operation for a reporting period if, during the reporting period, the industrial operation has a total amount of attributable emissions that is greater than or equal to 10 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C.

 Section 8 (1.1) was added by BC Reg 231/2019, effective November 7, 2019.

 Section 8 (1) and (1.1) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(1) Subject to subsection (1.1), an industrial operation that is a single facility operation or a linear facilities operation is a reporting operation for a reporting period if, during the reporting period, the industrial operation has a total amount of attributable emissions that is greater than or equal to 10 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C.

(1.1) An industrial operation that is in a class set out in column 1 of the schedule to the Act is a reporting operation for a reporting period if

 Section 9 (1) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(1) Despite section 8, if an operation that was a reporting operation for a reporting period has, for a later reporting period, a total amount of attributable emissions that is less than 10 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C, the reporting operation remains a reporting operation until the earliest of the following:

 Section 9 (3) was added by BC Reg 24/2024, effective February 16, 2024.

 Section 11 (1) (a) and (b) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) no earlier than January 1 and no later than February 28 of the current reporting period, forecast, based on data of the industrial operation, if available, or data of similar industrial operations, otherwise, whether it is likely that, during the reporting period, its total attributable emissions, not including carbon dioxide from biomass listed in Schedule C, are likely to be greater than or equal to 10 000 tonnes of carbon dioxide equivalent, and

(b) register in accordance with this section

 Section 11 (1) (b) (ii) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(ii) if the emissions forecast under paragraph (a) are less than 10 000 tonnes of carbon dioxide equivalent, but during the current reporting period actual emissions, measured in accordance with Part 3, not including carbon dioxide from biomass listed in Schedule C, exceed 10 000 tonnes of carbon dioxide equivalent.

 Section 11 (2) (a) and (b) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) if subsection (1) (b) (i) applies, register by March 31 of the current reporting period, and

(b) if subsection (1) (b) (ii) applies, register within 90 days after the date in the current reporting period on which emissions, not including carbon dioxide produced from biomass listed in Schedule C, exceed 10 000 tonnes of carbon dioxide equivalent.

 Section 11 (3) and (4) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(3) Registration under this section must be in the electronic or other form, if any, specified by the director and include the following information:

(a) a statement specifying whether the reporting operation is a single facility operation, a linear facilities operation or an electricity import operation, and if it is a linear facilities operation, whether the operation is designed to produce LNG on a commercial scale;

(b) the information required under section 14 (2) (b), (c), (d) (i) to (iii), (f) and (l) [content of emission reports];

(c) in the case of a linear facilities operation, the information required under section 14 (2) (d) (i) to (iii) reported separately for each individual facility within the operation that has attributable emissions that are greater than or equal to 10 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C;

(d) the legal names of parent companies, if any, of the operator, their head office mailing addresses and their percentage of ownership of the operator.

(4) In addition to the information referred to in subsection (3), if the operation is a single facility operation or a linear facilities operation, the registration must identify the activities listed in column 2 of Table 1 or Table 2 of Schedule A that are carried out at the operation.

 Section 11 (2) (part) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(2) An operator who is required to register under this section must

 Section 11 (2.1) was added by BC Reg 185/2024, effective July 8, 2024.

 Section 11.1 was enacted by BC Reg 42/2022, effective February 22, 2022.

 Section 11.2 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 11.2 (2) (a) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(a) in the case of an operator of an operation referred to in subsection (1) (a), on or before May 31, 2025;

 Section 11.2 (2) (b) (i) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(i) if the application for designation as an opted-in operation was intended to be effective for the 2024 reporting period, on or before February 28, 2024, and

 Section 11.2 (3) was added by BC Reg 185/2024, effective July 8, 2024.

 Section 11.3 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 11.3 (2) (u) (part) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(u) if any of the events referred to in paragraph (t) occurred, the following information in relation to the event:

 Section 11.3 (2) (u) (i) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(i) in the case of the closure or temporary shutdown of a facility or operation controlled and directed by the operator,

(A) the name, geographic coordinates and street address, if any, of the facility or operation, and

(B) the dates of the closure or shutdown;

 Section 11.3 (2) (u) (vii) and (viii) were renumbered as (vi) and (vii) by BC Reg 185/2024, effective July 8, 2024.

 Section 11.4 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 11.4 (4) was added by BC Reg 185/2024, effective July 8, 2024.

 Section 12 (2.1) was added by BC Reg 24/2024, effective February 16, 2024.

 Section 12 (3) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(3) If a person ceases to be the operator of a reporting operation in a reporting period, the person is not responsible for complying with section 3 of the Act for the reporting period if the information, up to the date the person ceased to be the operator, that is necessary for the emission report is provided to the subsequent operator.

 Section 12 (4) and (5) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(4) If there is a change in operator of a reporting operation in the period between the end of a reporting period and May 31 of the following calendar year, the person who is the operator on May 31 of that following calendar year is responsible for complying with section 3 of the Act for that reporting period.

(5) If a person ceases to be the operator of a reporting operation between the end of a reporting period and May 31 of the following calendar year, the person is not responsible for complying with section 3 of the Act for the reporting period if the information, up to the end of that reporting period, that is necessary for the emission report is provided to the subsequent operator.

 Section 13 was renumbered 13 (1) and (2) was added by BC Reg 74/2020, effective April 1, 2020.

 Section 13 (1) (a) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(a) to the director on or before May 31 of the calendar year immediately following the reporting period, and

 Section 13 (2) (part) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(2) Despite subsection (1) (a) and sections 14, 28 (1) and (3) [requirement for verification of emission reports], 29 (1) and (3) [requirement for verification of supplementary emission reports], 35 (1) [requirement for verification of reports] and 36 (1) [requirement for verification of supplementary reports], in relation to an emission report for the reporting period ending December 31, 2019 and an emission report to which section 28 (3) applies,

 Section 13 (3) was added by BC Reg 294/2020, effective December 21, 2020.

 Section 13 (1) and (2) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(1) An emission report under section 3 (1) of the Act must be submitted

(a) subject to subsection (2), to the director on or before May 31 of the calendar year immediately following the reporting period, and

(b) in the electronic or other form, if any, specified by the director.

(2) Despite subsection (1) (a) and sections 14, 28 (1) and (3) [requirement for verification of emission reports], 29 (1) and (3) [requirement for verification of supplementary emission reports], 35 (1) [requirement for verification of reports] and 36 (1) [requirement for verification of supplementary reports], in the circumstances set out in subsection (3),

 Section 13 (1.1) was added by BC Reg 24/2024, effective February 16, 2024.

 Section 13 (1) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(1) For the purposes of section 3 (1) [emission reports] of the Act, the operator of a regulated operation must ensure that a report including the information set out in section 14 is submitted to the director.

 Section 13 (1.1) (b) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(b) subject to subsection (2), on or before May 31 of the calendar year immediately following the reporting period.

 Section 13 (2) (part) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(2) Despite subsection (1) (a) and sections 14, 28 (1) [requirement for verification of emission reports], 29 (1) and (3) [requirement for verification of supplementary emission reports], 35 (1) [requirement for verification of reports] and 36 (1) [requirement for verification of supplementary reports], in the circumstances set out in subsection (3),

 Section 13 (2) (a) (i) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(i) accept submission of an emission report that does not include information required under section 14 or a verification statement in accordance with section 28 (1) or (3), 29 (1) or (3), 35 (1) or 36 (1), and

 Section 14 (5) (b) BEFORE amended by BC Reg 42/2022, effective February 22, 2022.

(b) the information referred to in section 4 of Schedule D.

 Section 14 (1) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(1) In this section "process flow diagram", for a reporting period, means a diagram that indicates in reasonable schematic detail the processes that produce emissions at a single facility operation or the facilities of a linear facilities operation, as applicable, indicating

(a) each source of emissions that produces over 100 tonnes of carbon dioxide equivalent in the reporting period, and

(b) the sources of emissions of each source type if the emissions cumulatively exceed 250 tonnes of carbon dioxide equivalent in the reporting period.

 Section 14 (2), (3) (part), (4), (5) (part) and (6) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(2) An emission report must include the following information:

(a) the trade name, if any, of the reporting operation;

(b) the legal name and head office mailing address of the operator and, if section 1 (7) [definitions and interpretation] applies, the legal name and head office mailing address of each of the multiple operators, but if an operator is an extraprovincial company, as defined in the Business Corporations Act, that has its head office outside British Columbia, the mailing address of the attorney for the extraprovincial company;

(c) the unique identification number of the reporting operation provided by the director, if any;

(d) in the case of a single facility operation,

(i) the name of the facility,

(ii) the geographic coordinates and street address, if any, of the facility in which the reporting operation operated during the reporting period,

(iii) the national pollutant release inventory identification number assigned to the operation by Environment Canada, and

(iv) a process flow diagram;

(e) in the case of a linear facilities operation, a process flow diagram;

(f) if the facility is a single facility operation or a linear facilities operation, the NAICS codes of the reporting operation;

(g) the business number, as defined in the Income Tax Act (Canada), and Dun and Bradstreet (D-U-N-S) number, of the operator of the reporting operation;

(h) the reporting period to which the report relates;

(i) the date the emission report is submitted;

(j) if the facility is a single facility operation or a linear facilities operation, the current permit numbers of the reporting operation issued under section 14 [permits] of the Environmental Management Act, if any;

(k) if the facility is a single facility operation or a linear facilities operation, the total carbon dioxide in tonnes captured at the reporting operation during the reporting period

(i) for on-site use,

(ii) for on-site storage, or

(iii) that was transferred off-site;

(l) the name, job title and position and business contact information, including business mailing address, business email address and business telephone number, of

(i) the operation representative, and

(ii) the person primarily responsible for preparing and submitting the emission report;

(m) a statement signed and dated by the operation representative certifying that

(i) the operation representative has examined the emission report, and

(ii) the emission report has been prepared in accordance with this regulation;

(n) the legal names of parent companies of the operator, if any, their head office mailing addresses and their percentage of ownership of the operator;

(o) if any of the following events occurred in the reporting period, the information specified in relation to the event:

(i) in the case of the disposition of a facility controlled and directed by the operator, the name, geographic coordinates and street address, if any, of the facility and the information referred to in paragraph (b) in relation to the person to whom the facility was disposed;

(ii) in the case of the closure of a facility controlled and directed by the operator, the name, geographic coordinates and street address, if any, of the facility and the date of closure;

(iii) in the case of the acquisition by the operator of a facility, the name, geographic coordinates and street address, if any, of the facility and the legal name and head office mailing address of the person from whom the facility was acquired;

(iv) in the case of a facility of the operator operated for the first time, the name, geographic coordinates and street address, if any, of the facility;

(p) a verification statement, if required under Part 5 [Verification].

(3) Except for a reporting operation referred to in subsection (6) and an electricity import operation, the following information must be included in the emission report of a reporting operation for a reporting period:

(4) In the case of a reporting operation that is a linear facilities operation, other than a reporting operation referred to in subsection (6), the emission report must include

(a) the information referred to in subsections (2) (d) and (3) reported separately for each individual facility within the operation that has attributable emissions in the reporting period that are greater than or equal to 10 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C,

(b) the information referred to in subsection (3) reported for the aggregate of the individual facilities, other than facilities referred to in paragraph (a) of this subsection,

(c) the information referred to in subsections (2) (d) and (3) (a), (b) and (c) for each individual facility within the operation, other than a facility referred to in paragraph (a) of this subsection, that has attributable emissions during the reporting period of greater than 1 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C, and

(d) a statement as to whether any part of the linear facilities operation is an LNG operation.

(5) The operator of an electricity import operation must include the following information in the operator's emission report for a reporting period:

(6) In the case of a reporting operation described in section 9 [emissions below threshold], other than an electricity import operation, that has attributable emissions during a reporting period of less than 10 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C, and that was not subject to the verification requirements set out in Part 5 in the immediately preceding reporting period, the emission report must include

 Section 14 (3) (b) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(b) the emissions referred to in paragraph (a) by Schedule B category, determined as the sum of the emissions set out opposite the Schedule B category in column 3 of Schedule B;

 Section 14 (6) (b) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(b) a statement, in the electronic or other form, if any, specified by the director, by the operation representative certifying that the amount referred to in paragraph (a) is complete and accurate, and

 Section 14 (3.1), (4.1), (4.2) and (4.3) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 15 (3) (a) and (b) BEFORE amended by BC Reg 42/2022, effective February 22, 2022.

(a) from specified sources, as defined in section 1 of Schedule D, in accordance with section 2 of that Schedule, and

(b) from unspecified sources, as defined in section 1 of Schedule D, in accordance with section 3 of that Schedule.

 Section 15 (2) (b) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(b) in Table 3 of Schedule A, one or more methodologies for quantifying emissions from an activity listed in column 2 are specified for the activity in a code, standard or rule set out opposite in column 3,

 Section 15 (6) (a) (ii) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(ii) 3% of the total emissions attributable to the reporting operation during the reporting period, not including carbon dioxide produced from biomass listed in Schedule C, and

 Section 15 (8) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(8) An application for an approval under subsection (7) (c) must be submitted to the director in the electronic or other form, if any, specified by the director on or before February 1 of the reporting period, and must include the following information:

 Section 15 (2) (a) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(a) in Table 1 or 2 of Schedule A, one or more methodologies for quantifying emissions from a source type listed in column 3 are specified for the source type in a code, standard or rule set out opposite in column 5, or

 Section 16 (2) (b) (ii) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(ii) 3% of the total emissions attributable to the reporting operation during the reporting period, not including carbon dioxide produced from biomass listed in Schedule C.

 Section 16 (3) (d) (ii) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(ii) 3% of the total emissions attributable to the reporting operation during the reporting period, not including carbon dioxide produced from biomass listed in Schedule C.

 Section 18 (1) (a) (part) and (b) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) a revised emission report, in the electronic or other form, if any, specified by the director, in accordance with section 14 [content of emission reports] of this regulation, that includes

(b) an annex, in the electronic or other form, if any, specified by the director, that includes

 Section 18 (2) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(2) A supplementary emission report must be submitted within 60 days after the operator becomes aware of an omission, inaccuracy or change in information.

 Section 18 (3) (a), (b) and (d) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) the total emissions attributable to the reporting operation during a reporting period, not including reporting-only emissions, as reported in the most recent emission report for the same reporting period, and

(b) the total emissions attributable to the reporting operation during that reporting period, not including reporting-only emissions, calculated in accordance with this regulation and reported in the supplementary report,

(d) 1% of the total emissions attributable to the reporting operation during the reporting period, not including reporting-only emissions, as reported in the emission report referred to in paragraph (a).

 Section 18 (4) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(4) An inaccuracy, omission or change must be reported in a supplementary report if

 Section 18 (4) (a) and (c) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(a) correcting the inaccuracy or omission or the change has the effect of increasing the total emissions attributable to the reporting operation during the reporting period from an amount that is less than to an amount that is greater than or equal to 25 000 tonnes of carbon dioxide equivalent, not including reporting-only emissions,

(c) the reporting operation is a regulated operation.

 Section 18 (4) (b) (i) and (ii) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(i) from reporting-only emissions, as reported in the most recent emission report for the same reporting period, and

(ii) from reporting-only emissions, calculated in accordance with this regulation and reported in the supplementary report,

 Section 18 (4.1) was added by BC Reg 24/2024, effective February 16, 2024.

 Section 18 (5) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(5) An inaccuracy, omission or change in relation to a matter reported under section 14 (2) (a) or (c) to (o) in an emission report is considered to be immaterial for the purpose of section 3 (5) of the Act.

 Section 18.1 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 18.2 (1) (part) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(1) In this section, "energy utility" means an industrial operation engaged in the production, generation, storage, transmission, sale, delivery or provision of electricity, natural gas, steam or any other agent for the production of light, heat, cold or power to or for the public or a corporation for compensation, but does not include the following:

 Part 3.1, sections 18.2 and 18.3 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 19 BEFORE renumbered and (2) was added by BC Reg 74/2020, effective April 1, 2020.

Timing and form of compliance reports

19   A compliance report must be submitted

(a) to the director on or before May 31 of the calendar year immediately following the calendar year of the compliance period, and

(b) in the electronic or other form, if any, specified by the director.

 Section 19 (1) (a) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(a) to the director on or before May 31 of the calendar year immediately following the calendar year of the compliance period, and

 Section 19 (2) (part) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(2) Despite subsection (1) (a) and sections 23 [content of compliance reports], 35 (1) [requirement for verification of reports] and 36 (1) [verification of supplementary reports], in relation to a compliance report for the compliance period ending December 31, 2019,

 Section 19 (3) was added by BC Reg 294/2020, effective December 21, 2020.

 Section 19 (1) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(1) A compliance report must be submitted

(a) subject to subsection (2), to the director on or before May 31 of the calendar year immediately following the calendar year of the compliance period, and

(b) in the electronic or other form, if any, specified by the director.

 Section 20 BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

Compliance obligation

20   LNG operations are prescribed for the purposes of section 6 (2) [compliance obligation] of the Act.

 Section 21 (1) definitions of "professional engineer" and "professional geoscientist" BEFORE amended by BC Reg 11/2021, effective February 11, 2021.

"professional engineer" has the same meaning as in the Engineers and Geoscientists Act;

"professional geoscientist" has the same meaning as in the Engineers and Geoscientists Act.

 Section 21 (1) definitions of "professional engineer" and "professional geoscientist" BEFORE amended by BC Reg 32/2023, effective February 10, 2023.

"professional engineer" means a person who is registered under the Professional Governance Act as a professional engineer or professional engineering licensee;

"professional geoscientist" means a person who is registered under the Professional Governance Act as a professional geoscientst or professional geoscience licensee.

 Section 21 (2) (b) (i) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.

(i) a permit issued under section 25 [permits and authorizations issued by commission] of the Oil and Gas Activities Act;

 Section 21 BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

Capture and storage of emissions

21   (1) In this section:

"approved risk assessment and mitigation plan" means a plan that meets the requirements of subsection (3) and has been approved under subsection (4) by the director;

"CSA Standard Z341" means the Canadian Standards Association standard called "CSA Z341, Storage of hydrocarbons in underground formations" as amended from time to time;

"CSA Standard Z741" means the Canadian Standards Association standard called "CSA Z741, Geological storage of carbon dioxide" as amended from time to time;

Professional Governance Act as a professional engineer or professional licensee engineering;

"professional geoscientist" means a person who is registered under the Professional Governance Act as a professional geoscientist or professional licensee geoscience.

(2) For the purposes of section 4 (b) [capture and storage of emissions] of the Act, emissions must be stored

(a) in a geological formation, and

(b) in accordance with all the following:

(i) a permit issued under section 25 [permits and authorizations issued by commission] of the Energy Resource Activities Act;

(ii) an approved risk assessment and mitigation plan;

(iii) CSA Standard Z341 or CSA Standard Z741, or both, as applicable.

(3) A plan for the purposes of subsection (2) (b) (ii) must

(a) be prepared by a professional engineer or a professional geoscientist,

(b) specify the geological formation in which the emissions are to be stored and the geographic coordinates of that geological formation,

(c) include an assessment of the professional engineer or professional geoscientist of whether the plan is in accordance with CSA Standard Z341 or CSA Standard Z741, or both, as applicable, and

(d) include the certification of the professional engineer or professional geoscientist who prepared the plan that

(i) the plan was prepared by that professional engineer or professional geoscientist, and

(ii) the plan was prepared in accordance with best professional practices.

(4) The director may approve a risk assessment and mitigation plan if the director is satisfied that, if the plan is implemented,

(a) the risk of emissions escaping into the atmosphere over the next 100 years is insignificant, and

(b) the storage of the greenhouse gases can reasonably be considered permanent.

[am. B.C. Regs. 11/2021, App. 3, s. 9; 32/2023, Sch. B, s. 7.]

 Section 22 (1) (b) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(b) in the case of an LNG operation, the amount of LNG produced.

 Section 22 (2), (3) and (4) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(2) The operator of an LNG operation must maintain a log of the amount of LNG produced each day.

(3) If there is a change in operator of a regulated operation in a compliance period, the person who is the operator of the regulated operation on the last day of the compliance period is responsible for complying with sections 6 [compliance obligation] and 7 of the Act for the compliance period.

(4) If a person ceases to be the operator of a regulated operation in a compliance period, the person is not responsible for complying with section 7 of the Act for the compliance period if the information, up to the date the person ceased to be the operator, that is necessary for the compliance report is provided to the subsequent operator.

 Section 22 (5) and (6) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(5) If there is a change in operator of a regulated operation in the period between the end of a compliance period and May 31 of the following calendar year, the person who is the operator on May 31 of that following calendar year is responsible for complying with sections 6 and 7 of the Act for the compliance period.

(6) If a person ceases to be the operator of a regulated operation between the end of a compliance period and May 31 of the following calendar year, the person is not responsible for complying with section 7 of the Act for the compliance period if the information, up to the end of that compliance period, that is necessary for the compliance report is provided to the subsequent operator.

 Section 22.1 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 23 (2) (h) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.

(h) the permit number of the permit issued to the LNG operation under section 25 of the Oil and Gas Activities Act.

 Section 23 (1) (part), (2) and (3) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(1) A compliance report under section 7 (1) of the Act must include the following information:

(2) In addition to the matters under subsection (1), a compliance report for an LNG operation must include the following information for the compliance period:

(a) the amount of electricity received from the British Columbia electrical transmission grid;

(b) the amount of electricity received other than from the British Columbia electrical transmission grid;

(c) if a source of electricity is other than BC Hydro or self-generated, the business name and address of the source;

(d) the emissions referred to in subsection (1) (e) for each activity set out in column 2 of Table 3 of Schedule A;

(e) the amount of LNG, expressed in tonnes as calculated in accordance with Schedule F, in storage at the beginning of the first day of the compliance period;

(f) the amount of LNG, expressed in tonnes as calculated in accordance with Schedule F, in storage at the end of the last day of the compliance period;

(g) the amount of LNG throughput at a point of sale, expressed in tonnes as calculated in accordance with Schedule F, in the compliance period;

(h) the permit number of the permit issued to the LNG operation under section 25 of the Energy Resource Activities Act.

(3) If an industrial operation becomes an LNG operation part way through a compliance period, the report under subsection (2) must include the date in the compliance period on which the first LNG is produced.

 Section 23 (1) (a) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) the matters required under section 14 (2) (a), (b) and (c) [content of emission reports] of this regulation;

 Section 23 (1) (a.1), (a.2), (c.1), (c.2), (e.1), (f.1), (f.2) and (i) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 23 (1) (h) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(h) the number of compliance units by type that are available in the operator's compliance account for the regulated operation.

 Section 23 (4) to (8) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 23 (1) (c.1) (part) and (e.1) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(c.1) for each regulated product produced by the regulated operation, the quantity of product, in units set out in column 4 of Table 2 of Schedule A.1 for the product, calculated in accordance with any directions of the director,

(e.1) the emissions referred to in paragraph (e) within the Schedule B categories listed in items 2 to 4 of that Schedule, determined as the sum of the emissions set out opposite the Schedule B category in column 3 of Schedule B;

 Section 23.1 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 24 (1) (a) (part) and (b) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) a revised compliance report, in the electronic or other form, if any, specified by the director, in accordance with section 23 [content of compliance reports] of this regulation, that includes

(b) an annex, in the electronic or other form, if any, specified by the director, that includes

 Section 24 (2) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(2) A supplementary compliance report must be submitted within 60 days after the operator becomes aware of an omission, inaccuracy or change in information.

 Section 24 (1.1) and (3) to (5) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 24.1 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 25 definition of "threat to independence", paragraph (a) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(a) payment for verification is linked to whether the verification statement includes the opinions referred to in section 31 (1) (a) and (b) and (2) [requirements of verification statement] both as those provisions apply under section 31 to reporting operations and under section 38 [requirements of verification statement] to regulated operations;

 Section 25 definition of "threat to independence" (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

"threat to independence" means a factor that may reasonably be expected to potentially reduce the ability of a verifier, verification body, lead verifier or independent peer reviewer to fulfill his or her role in the verification in an ethical, objective and independent manner, and, without limitation, includes the following:

 Section 26 (1.1) was added by BC Reg 323/2021, effective December 13, 2021.

 Section 27 (1) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(1) This Division applies to a reporting operation that is not a regulated operation in respect of any emission report submitted under section 3 [emission reports] of the Act for a reporting period in which the reporting operation has attributable emissions greater than or equal to 25 000 tonnes of carbon dioxide equivalent, not including reporting-only emissions.

 Section 28 (3) (part) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(3) An operator may provide verification statements in respect of emission reports of a reporting operation to which this Division applies for 2 consecutive reporting periods on the date the emission report for the second reporting period is due if

 Section 28 (3) and (4) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

(3) For the reporting period ending December 31, 2020 or earlier, an operator may provide verification statements in respect of emission reports of a reporting operation to which this Division applies for 2 consecutive reporting periods on the date the emission report for the second reporting period is due if

(a) since the reporting period for the most recently submitted emission report that was verified in accordance with this regulation,

(i) there have been no significant changes to processes or activities carried out at a facility that is all or part of the operation, and

(ii) there have been no significant physical changes to a facility that is all or part of the operation, and

(b) either

(i) on the due date for each of the 2 most recently submitted emission reports, the operator provided a verification statement that was positive and without qualifications in respect of the applicable emission report, or

(ii) subparagraph (i) applied to the operator in relation to the operator's emission report for a previous reporting period, the operator submitted emission reports, and verification statements of those emission reports, in accordance with this regulation, for each subsequent reporting period, and those verification statements were positive and without qualifications.

(4) An emission report submitted under subsection (3) without a verification statement must include a statement signed and dated by the operation representative certifying that the conditions of subsection (3) have been met.

 Section 29 (2) (b) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(b) the total emissions attributable to the reporting operation during that reporting period, as reported in the supplementary report, are greater than or equal to 25 000 tonnes of carbon dioxide equivalent, not including carbon dioxide from biomass listed in Schedule C.

 Section 29 (3.1) was added by BC Reg 24/2024, effective February 16, 2024.

 Section 30 (2) (d) BEFORE amended by BC Reg 74/2020, effective April 1, 2020.

(d) one or more site visits, as described in subsection (3), carried out by the verification body;

 Section 30 (3) (part) BEFORE amended by BC Reg 74/2020, effective April 1, 2020.

(3) Site visits required under subsection (2) (d) must be as follows:

 Section 30 (4) was added by BC Reg 74/2020, effective April 1, 2020.

 Section 30 (0.1), (5) and (6) were added by BC Reg 294/2020, effective December 21, 2020.

 Section 30 (2) (d) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(d) one or more site visits, as described in subsections (3) and (4), as applicable, carried out by the verification body;

 Section 30 (1), (3) and (4) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(1) The verification process used to prepare a verification statement for an emission report of a reporting operation to which this Division applies must comply with the requirements of subsection (2) and ISO 14064-3.

(3) Subject to subsection (4), site visits required under subsection (2) (d) must be as follows:

(a) for a single facility operation, a site visit must be made to the facility;

(b) for a linear facilities operation, at least one site visit must be made to each individual facility within a reporting operation where emissions are greater than or equal to 25 000 tonnes of carbon dioxide equivalent;

(c) for single facility operations and linear facilities operations, at least one site visit must be made to the head office, regional office or other location of central data management, if different from the facilities visited under paragraph (a) or (b);

(d) for a linear facilities operation, additional site visits must be made to sources within the operation if necessary to provide a reasonable level of assurance that the emission report is materially correct.

(4) In relation to the reporting period and compliance period ending December 31, 2019 and an emission report to which section 28 (3) [requirement for verification of emission reports] applies, the director may authorize a site visit required under subsection (2) (d) to be conducted virtually and in accordance with the directions of the director.

 Section 30 (1.1) was added by BC Reg 323/2021, effective December 13, 2021.

 Section 30 (2) (c) BEFORE amended by BC Reg 323/2021, effective December 13, 2021.

(c) preparation of a verification plan by the verification body, including a sampling plan;

 Section 30 (2) (a), (b), (f) and (g) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) the verification body's review of records relevant to the verification;

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

(f) the verification body's evaluation of whether the emission report and the methodologies used to quantify emissions are consistent with the requirements of this regulation;

(g) the verification body's assessment of the materiality of any errors, omissions or misrepresentations identified.

 Section 30 (2) (d.1) and (h) and (3) (e) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 30 (3) (c) (i) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(i) at least one site visit must be made to each individual facility within a reporting operation where emissions are greater than or equal to 25 000 tonnes of carbon dioxide equivalent, and

 Section 30 (4) (c) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(c) the verification body determines that the process flow diagram required by section 14 (2) (d) (iv) or (e), as applicable, is accurate and reliable for the purposes of the verification.

 Section 31 (1), (4) and (5) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(1) Subject to sections 28 (2) [requirement for verification of emission reports] and 29 (3) and (4) [requirement for verification of supplementary emission reports], a verification statement under this Division must include a statement, based on the process and procedures used by the verification body, that it is the opinion of the verification body that

(a) the assertions in the emission report are materially correct and are a fair and accurate representation of the reporting operation's total attributable emissions for the reporting period, and

(b) the emission report was prepared and the emissions reported in it quantified in accordance with this regulation.

(4) A verification statement must be submitted in the electronic or other form, if any, specified by the director, and contain the information required by section 33 [contents of verification statement].

(5) For certainty, nothing in this regulation requires a verification body to express the opinion referred to in subsection (1) (a) and (b) or to exclude appropriate qualifications in a verification statement.

 Section 31 (2) BEFORE amended by BC Reg 323/2021, effective December 13, 2021.

(2) A verification body must not provide a verification statement under this Division unless it is the opinion of the verification body that the verification statement contains as few qualifications as possible.

 Section 31 (3) (a) and (c) BEFORE amended by BC Reg 323/2021, effective December 13, 2021.

(a) exercise due diligence, including due diligence in respect of the matters referred to in section 42 [processes, documents and records], in order to minimize the potential for qualifications,

(c) if necessary and consistent with this regulation, make such revisions to emission reports as are needed to minimize or eliminate qualifications.

 Section 31 (1) (b) (i) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(i) information in the emission report that was not reported or quantified in accordance with this regulation but was corrected during the verification process;

 Section 31 (2) (c) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(c) any errors, omissions and misstatements do not result in a net overstatement or understatement that exceeds the lesser of

(i) 1 000 tonnes CO2e, not including reporting-only emissions,

(ii) 1% of the total emissions attributable to the reporting operation during the reporting period, not including reporting-only emissions, or

(iii) an amount specified by the director that is less than the lesser of the amounts in subparagraph (i) or (ii).

 Section 31 (2) (d) and (e) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 31 (2) (c) (i) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(i) 1 000 tonnes CO2e, not including carbon dioxide from biomass listed in item 1 of Schedule C,

 Section 31 (2) (d) (i) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(i) 1 000 tonnes CO2e, not including carbon dioxide from biomass listed in item 1 of Schedule C,

 Section 32 BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

Deemed errors, omissions and misrepresentations

32   For the purposes of section 31, whether or not consistent with an assessment under section 30 (2) (g), an emission report of a reporting operation to which this Division applies is deemed to have material errors, omissions or misrepresentations if

(a) the individual or aggregate effects of one or more errors, omissions or misrepresentations related to the emission report make it probable that the judgment of a reasonable person, having knowledge of the business and greenhouse gas accounting, evaluating an assertion required to be in the report, would have been changed or influenced by the error, omission or misrepresentation, or

(b) based on the verification, the verification body concludes that total reported emissions, not including reporting-only emissions, attributable to the reporting operation during the reporting period are less than 95% accurate using the following equation:

PA = 100 −SOU
TRE
× 100
where
PA=percent accuracy;
SOU=the net result of summing overstatements and understatements resulting from errors, omissions and misrepresentations related to attributable emissions other than reporting-only emissions;
TRE=total reported emissions, not including reporting-only emissions.

 Section 33 (2) (d.1) and (j.1) were added by BC Reg 294/2020, effective December 21, 2020.

 Section 33 (2) (d) and (g) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(d) with respect to the reporting operation, the information referred to in section 14 (2) (a) to (e), (h) and (l) [content of emission reports];

(g) the amount referred to in section 14 (3) (a), with subtotals setting out the total amounts of

(i) carbon dioxide from non-biomass,

(ii) carbon dioxide from biomass listed in Schedule C, and

(iii) carbon dioxide from biomass not listed in Schedule C;

 Section 33 (2) (d.1) (i), (ii) and (iii) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(i) greater than or equal to 10 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C,

(ii) greater than or equal to 1 000 tonnes and less than 10 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C, or

(iii) less than 1 000 tonnes of carbon dioxide equivalent, not including carbon dioxide produced from biomass listed in Schedule C;

 Section 33 (2) (g.1) was added by BC Reg 24/2024, effective February 16, 2024.

 Section 34 BEFORE re-enacted by BC Reg 24/2024, effective February 16, 2024.

Application of Division 3

34   This Division applies in relation to the emission reports and compliance reports of regulated operations.

 Section 35 (1) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(1) Subject to subsection (2), an emission report submitted under section 3 (1) [emission reports] of the Act, and a compliance report submitted under section 7 (1) [compliance reports] of the Act, for a regulated operation must include a verification statement.

 Section 36 (4) (a) and (b) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) the corrections referred to in subsection (2) are in relation to the total emissions reported under section 14 (3) (a), (4) (a) or (6) (a) for a regulated operation, and

(b) the difference between the amount of emissions most recently reported and verified under that section for a reporting period and the amount reported and verified in the supplementary emission report for the reporting period is less than 250 tonnes of carbon dioxide equivalent.

 Section 36 (5) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(5) A supplementary compliance report need not include a verification statement if

(a) the corrections referred to in subsection (2) are in relation to the total emissions reported under section 23 (1) (e) [content of compliance reports], and

(b) the difference between the amount of emissions most recently reported under that section for a compliance period and the amount reported in the supplementary compliance report for the compliance period is less than 250 tonnes of carbon dioxide equivalent.

 Section 36 (6) and (7) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 37 was renumbered as 37 (1) and (2), (3) and (4) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 38 (2) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(2) In addition to the matters under section 31, a verification statement in relation to a compliance report for an LNG operation must include a statement, based on the process and procedures used by the verification body, that it is the opinion of the verification body that the assertions in the compliance report are materially correct and are a fair and accurate representation of the matters set out in section 23 (1) (d) to (h) and (2) [content of compliance reports] in relation to the LNG operation for the compliance period.

 Section 38 (3) was added by BC Reg 24/2024, effective February 16, 2024.

 Section 39 (2) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(2) Section 33 (1) and (2) (a) to (e) and (h) to (m) applies to a verification statement in relation to a compliance report of a regulated operation to which this Division applies.

 Section 39 (3) (b) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(b) the amounts and other information referred to in section 23 (1) (d) to (h) and (2) [content of compliance reports].

 Section 40 BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

Transition — new LNG operations

40   Despite sections 27 [application of Division 2] and 34 [application of Division 3], if a reporting operation becomes an LNG operation part way through a compliance period, Division 2 [Verification in Relation to Emission Reports of Reporting Operations] applies in relation to emissions attributable to the reporting operation before the date the first LNG is produced.

 Section 41.1 (2) (a) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(a) if the application is for a designation that is intended to be effective for the 2024 reporting period, on or before February 28, 2024, or

 Section 41.2 (1) (d) (i) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(i) the operator is incapable of fulfilling the obligations of a reporting operation under the Act and the regulations, or

 Section 41.2 (2) (d) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(d) the operator produces a regulated product;

 Section 41.2 (2) (e) (i) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(i) the operator is incapable of fulfilling the obligations of a reporting operation and a regulated operation under the Act and the regulations, or

 Part 5.1, sections 41.1 to 41.7 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 41.8 (1) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

(1) As an exception to section 20.2 of the Act, an application for designation of an industrial operation as a new entrant may be made only by the operator of a reporting operation that is, or is expected to become, a regulated operation.

 Part 5.2, sections 41.8 to 41.10 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Part 5.3, sections 41.12 to 41.16 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Sections 41.12 to 41.16 were renumbered as 41.11 to 41.15 by BC Reg 185/2024, effective July 8, 2024.

 Section 42 (1) (c) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(c) prevent or provide timely detection of errors, omissions and misrepresentations, and

 Section 42 (2) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(2) In addition to the matters under subsection (1), the operator of an LNG operation must establish processes and procedures and maintain records that are designed to

 Section 42 (2) (a) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) allow an inspector or a verification body to determine that compliance reports are materially correct and are a fair and accurate representation of the matters set out in section 23 (1) (d) and (e) and (2) [content of compliance reports],

 Section 43 (1) (h) (ii) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(ii) in the case of an LNG operation, the matters set out in section 23 (1) (d) and (e) and (2) (a) and (b);

 Section 43 (1) (m) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(m) in relation to an LNG operation,

(i) all records relating to the matters set out in section 23 (1) (d) and (e) and (2) [content of compliance reports], and

(ii) records of any calculations and methods used to quantify LNG in relation to matters referred to in subparagraph (i).

 Section 43.1 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Section 44 (2) (e) (iii) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(iii) whether the verification statement includes the opinions referred to in section 31 (1) and (2) [requirements of verification statement];

 Section 44 (3) (e) BEFORE amended by BC Reg 294/2020, effective December 21, 2020.

(e) whether the verification statement includes the statements referred to in section 31 (1) and (2) [requirements of verification statement] as those subsections apply under section 38 [requirements of verification statement];

 Section 44 (2) (a) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) information referred to in section 14 (2) (a) to (d) and (f) to (h),

 Section 44 (2) (e) (iv) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(iv) any qualifications in the verification statement;

 Section 44 (3) (a), (b) and (f) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(a) information respecting the matters referred to in section 23 (1) (b) to (h), (2) and (3) [content of compliance reports];

(b) information referred to in section 39 (3) [contents of verification statement];

(f) any qualifications in the verification statement.

 Section 44 (3) (g) and (h) and (4.1) were added by BC Reg 24/2024, effective February 16, 2024.

 Section 44 (5) (part) and (6) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

(5) A claim under subsection (4) must identify

(6) The director may publish information for which the operator has made a claim and a request under subsection (4).

 Section 44.1 was enacted by BC Reg 231/2019, effective November 7, 2019.

 Schedule A, section 1 definitions of "compression and processing activity", "compression and processing combustion", "disaggregated combustion emissions", "line tracing", "non-compression and non-processing activity" and "non-compression and non-processing combustion" were added by BC Reg 24/2024, effective February 16, 2024.

 Schedule A, section 1 definition of "oil and gas extraction and gas processing activities" BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

"oil and gas extraction and gas processing activities" means activities that occur at

(a) crude oil wells, crude oil batteries and associated pipelines, storage facilities and pumping stations, which activities have the overall purpose of extracting crude oil and delivering it to a custody transfer point,

(b) natural gas wells, natural gas batteries, natural gas gathering pipelines, natural gas processing plants and the sites of associated compressing stations, pipeline heating, dehydrators and storage facilities, which activities have the overall purpose of producing natural gas and delivering marketable natural gas to natural gas transmission pipelines, or

(c) exploration and injection wells;

 Schedule A, section 1 was renumbered as section 1 (1) by BC Reg 185/2024, effective July 8, 2024.

 Schedule A, section 1 (1) definitions of "copper-equivalent", "critical mineral", "critical mineral mining", "gold-equivalent", "primary metal" and "primary mineral" were added by BC Reg 185/2024, effective July 8, 2024.

 Schedule A, section 1 (2) and (3) were added by BC Reg 185/2024, effective July 8, 2024.

 Schedule A, section 2 was enacted by BC Reg 323/2021, effective December 13, 2021.

 Schedule A, section 2 (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

EF=the emission factor for the type of coal in the table titled "Fugitive Emission Factors for Coal Mining" for surface mines in British Columbia in the National Inventory Report by Canada to the United Nations Framework Convention on Climate Change that is published

 Schedule A, table 1, items 1 (part), 8 and 25 BEFORE amended by BC Reg 323/2021, effective December 13, 2021.

1General stationary combustion excluding general stationary combustion referred to in column 2 of item 1 of Table 2(a) General stationary combustion of fuel or waste with production of useful energyCarbon dioxide from non-biomass
Carbon dioxide from biomass listed in Schedule C
Methane
Nitrous oxide
WCI.0201
8Copper or nickel smelting or refiningRemoval of impurities using carbonate flux reagents, the use of reducing agents, the use of material (e.g. coke) for slag cleaning, and the consumption of graphite or carbon electrodes during copper or nickel smelting or refiningCarbon dioxide from non-biomassWCI.260
25Open pit coal miningCoal when broken or exposed to the atmosphere during miningMethaneIn accordance with best industry practices

 Schedule A, table 1, items 1, 2 and 9 (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

1General stationary combustion excluding general stationary combustion referred to in column 2 of item 1 of Table 2(a) General stationary combustion of fuel or waste with production of useful energyCarbon dioxide from non-biomass
Carbon dioxide from biomass listed in Schedule C
Carbon dioxide from biomass not listed in Schedule C
Methane
Nitrous Oxide
WCI.0201
(b) General stationary combustion of waste without production of useful energyCarbon dioxide from non-biomass
Carbon dioxide from biomass listed in Schedule C
Carbon dioxide from biomass not listed in Schedule C
Methane
Nitrous oxide
2Fuel combustion by mobile equipment at a facility that carries out activities referred to in this column of items 1 and 3 to 27 in this TableFuel combustion by mobile equipment that is part of the facilityCarbon dioxide from non-biomass
Carbon dioxide from biomass listed in Schedule C
Carbon dioxide from biomass not listed in Schedule C
Methane
Nitrous oxide
WCI.280
9Electricity generation(a) Fuel combustion for electricity generationCarbon dioxide from non-biomass
Carbon dioxide from biomass listed in Schedule C
Carbon dioxide from biomass not listed in Schedule C
Methane
Nitrous oxide
WCI.040 for source types set out in paragraphs (a) to (d)
 
WCI.230 for source types set out in paragraph (e)

 Schedule A, table 1, item 1.1 was added by BC Reg 24/2024, effective February 16, 2024.

 Schedule A, table 1, item 2 BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

2Fuel combustion by mobile equipment at a facility that carries out activities referred to in this column of items 1 and 3 to 27 in this TableFuel combustion by mobile equipment that is part of the facilityDisaggregated combustion emissionsWCI.280

 Schedule A, table 2, items 1, 2 (part), 4 (part) and 5 (part) BEFORE amended by BC Reg 323/2021, effective December 13, 2021.

1General stationary combustion at an operation or facility that carries out an activity listed in this column(a) General stationary combustion of fuel or waste at a linear facilities operation resulting in the production of useful energyCarbon dioxide from non-biomass
Carbon dioxide from biomass not listed in Schedule C
Methane
Nitrous Oxide
WCI.0202
(b) General stationary combustion of fuel or waste at a linear facilities operation not resulting in the production of useful energyCarbon dioxide from biomass not
    listed in Schedule C
Carbon dioxide from non-biomass
Methane
Nitrous Oxide
(c) Field gas or process vent gas combustion at a linear facilities operationCarbon dioxide from non-biomass
Methane
Nitrous oxide
WCI.360
(d) General stationary combustion of fuel or waste at a linear facilities operation resulting in the production of useful energyCarbon dioxide from biomass listed in Schedule CWCI.0202
(e) General stationary combustion of fuel or waste at a linear facilities operation not resulting in the production of useful energyCarbon dioxide from biomass listed in Schedule C
2Oil and gas extraction and gas processing activities, carbon dioxide transportation and oil transmission(a) Natural gas pneumatic high bleed device ventingCarbon dioxide from non-biomass
Methane
WCI.360
4Natural gas transmission, natural gas distribution or natural gas storage(a) Natural gas pneumatic high bleed device ventingCarbon dioxide from non-biomass
Methane
WCI.350
5LNG activities(a) Natural gas pneumatic high bleed device ventingCarbon dioxide from non-biomass
Methane
WCI.350

 Schedule A, table 2, items 1 (parts), 2 (parts), 4 (part) and 5 (parts) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.

1General stationary combustion at an operation or facility that carries out an activity listed in this column(a) General stationary combustion of fuel or waste at a linear facilities operation resulting in the production of useful energyCarbon dioxide from non-biomass
Carbon dioxide from biomass listed in Schedule C
Carbon dioxide from biomass not listed in Schedule C
Methane
Nitrous Oxide
WCI.0202
(b) General stationary combustion of fuel or waste at a linear facilities operation not resulting in the production of useful energyCarbon dioxide from non-biomass
Carbon dioxide from biomass listed in Schedule C
Carbon dioxide from biomass not listed in Schedule C
Methane
Nitrous Oxide
(c) Field gas or process vent gas combustion at a linear facilities operationCarbon dioxide from non-biomass
Methane
Nitrous oxide
WCI.360
2Oil and gas extraction and gas processing activities, carbon dioxide transportation and oil transmission(j) Onshore production and processing and storage tank releasesCarbon dioxide from non-biomass
Methane
WCI.360, except substitute Table 4 of Schedule A for Table 360-6 for a device listed in Table 4
(l) Associated gas venting and flaringCarbon dioxide from non-biomass
Methane
Nitrous oxide
(u) Enhanced oil recovery hydrocarbon liquids dissolved carbon dioxideCarbon dioxide from non-biomass
4Natural gas transmission, natural gas distribution or natural gas storage(a) Natural gas pneumatic high bleed device ventingCarbon dioxide from non-biomass
Methane
WCI.350, except substitute Table 4 of Schedule A for Table 350-6 for a device listed in Table 4
5LNG activities(h) Onshore production and processing storage tank releasesCarbon dioxide from non-biomass
Methane
WCI.360
(q) Enhanced oil recovery hydrocarbon liquids dissolved carbon dioxideCarbon dioxide from non-biomass

 Schedule A, table 2, item 2 (g) and (h) BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

2Oil and gas extraction and gas processing activities, carbon dioxide transportation and oil transmission(g) Well venting for liquids unloadingCarbon dioxide from non-biomass
Methane
WCI.360, except substitute Table 4 of Schedule A for Table 360-6 for a device listed in Table 4
(h) Gas well venting during well completions and workovers with or without hydraulic fracturingCarbon dioxide from non-biomass
Methane
(k) Well testing venting and flaringCarbon dioxide from non-biomass
Methane
Nitrous oxide

 Schedule A, table 2, items 2 (1.1), 2.1 and 4.1 were added by BC Reg 24/2024, effective February 16, 2024.

 Schedule A, table 2, item 1.1 BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

1.1General stationary non-compression and non-processing combustion.General stationary combustion of fuel or waste at a linear facilities operation resulting in the production of useful energyDisaggregated combustion emissionsWCI.0202

 Schedule A, table 2, item 2 (part) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

Oil and gas extraction and gas processing activities, carbon dioxide transportation and oil transmission, other than an activity listed in this column of item 2.1

 Schedule A, table 2, item 2.1 (part) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

Non-compression and non-processing activities that are
(a) oil and gas extraction and gas processing activities, or
(b) for the purpose of carbon dioxide transportation or oil transmission

 Schedule A, table 2, item 2.1 (r) and (s) BEFORE repealed by BC Reg 185/2024, effective July 8, 2024.

(r) Centrifugal compressor ventingCarbon dioxide from non-biomass
Methane
(s) Reciprocating compressor ventingCarbon dioxide from non-biomass
Methane

 Schedule A, table 2, items 4 (part) and 4.1 (part) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

4Activities for the purpose of natural gas transmission, natural gas distribution or natural gas storage other than non-compression and non-processing activities(a) Natural gas pneumatic high bleed device ventingCarbon dioxide from non-biomass
Methane
WCI.350, except substitute Table 4 of Schedule A for Table 350-6 for a device listed in Table 4
4.1Non-compression and non-processing activities for the purpose of natural gas transmission, natural gas distribution or natural gas storage(a) Natural gas pneumatic high bleed device ventingCarbon dioxide from non-biomass
Methane
WCI.350, except substitute Table 4 of Schedule A for Table 350-6 for a device listed in Table 4

 Schedule A, table 3, items 1 and 2 BEFORE amended by BC Reg 42/2022, effective February 22, 2022.

1Use of electricity by LNG operation that is not produced by the LNG operation or by an operation referred to in relation to the LNG operation in section 4 (1) (c) or (d) of this regulationSchedule E
2Use of electricity by a facility referred to in section 4 (1) (c) or (d) of this regulation that is not produced by the LNG operation that the reference is in relation to or by the facility referred to in section 4 (1) (c) or (d) of this regulationSchedule E

 Schedule A, table 3 BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

Table 3

Use of Electricity Attributable to LNG Operation

Column 1Column 2Column 3
ItemActivityRelevant Requirements
1Use of electricity by LNG operation that is not produced by the LNG operation or by an operation referred to in relation to the LNG operation in section 4 (1) (c) or (d) of this regulationSchedule D
2Use of electricity by a facility referred to in section 4 (1) (c) or (d) of this regulation that is not produced by the LNG operation that the reference is in relation to or by the facility referred to in section 4 (1) (c) or (d) of this regulationSchedule D

 Schedule A, table 4 was enacted by BC Reg 323/2021, effective December 13, 2021.

 Schedule A, table 4, heading BEFORE amended by BC Reg 42/2022, effective February 22, 2022.

Table 4

Column 1Column 2Column 3Column 4Column 5Column 6
ItemDeviceLevel study (m3/h)Bleed study (m3/h)Low emission retrofitted devices only (m3/h)Equivalent devices

 Schedule A.1 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Schedule A.1, table 2, items 5.1, 5.2, 12.1, and 22.1 were added by BC Reg 185/2024, effective July 8, 2024.

 Schedule B, table, items 1, 2, 3, 8 and 10 BEFORE amended by BC Reg 323/2021, effective December 13, 2021.

1Emissions from combustion of biomass listed in Schedule CCarbon dioxide from biomass listed in
    Schedule C from
Table 1, item 1 (a) and (b)
Table 1, item 2
Table 1, item 9 (a)
Table 1, item 22
Table 2, item 1 (d) and (e)
2Emissions from combustion of biomass not listed in Schedule CCarbon dioxide from biomass not listed in
    Schedule C from
Table 1, item 1 (b)
Table 1, item 2
Table 1, item 9 (a)
Table 2, item 1 (b)
3Emissions from combustion of non-biomassCarbon dioxide from non-biomass from
Table 1, item 1 (a) and (b)
Table 1, item 2
Table 1, item 3 (a)
Table 1, item 4
Table 1, item 5
Table 1, item 6
Table 1, item 8
Table 1, item 9 (a), (b) and (d)
Table 1, item 11
Table 1, item 12
Table 1, item 13
Table 1, item 15
Table 1, item 16
Table 1, item 17 (a) and (b)
Table 1, item 19 (a), (b), (d), and (e)
Table 1, item 20 (a), (b), (c), (d), (e), (j) and (m)
Table 1, item 22
Table 1, item 23
Table 1, item 24
Table 1, item 27
Table 2, item 1 (a), (b), (d) and (e)
Table 2, item 2 (a) to (x)
Table 2, item 4 (a) to (n)
8Stationary fuel combustion emissionsTable 1, item 1 (a) and (c)
Table 1, item 9 (a) and (f)
Table 1, item 23
Table 2, item 1 (a), (c) and (d)
10Emissions from wasteTable 1, item 1 (b) and (d)
Table 2, item 1 (b) and (e)

 Schedule B BEFORE re-enacted by BC Reg 24/2024, effective February 16, 2024.

Schedule B

[am. B.C. Reg. 323/2021, s. 9.]

Categories of Emissions

Interpretation

1   In this Schedule, a category of emissions listed in column 2 includes the total emissions from all source types listed in the items of Table 1 or 2 of Schedule A that are referred to in column 3 of this Schedule, opposite the category of emissions.

Column 1Column 2Column 3
ItemCategories of EmissionsEmissions Included in Category
1Emissions from biomass listed in Schedule CCarbon dioxide from biomass listed in
    Schedule C from
Table 1, item 1 (a) and (b)
Table 1, item 2
Table 1, item 9 (a)
Table 1, item 22
Table 2, item 1 (a) and (b)
2Emissions from biomass not listed in Schedule CCarbon dioxide from biomass not listed in
    Schedule C from
Table 1, item 1 (a) and (b)
Table 1, item 2
Table 1, item 9 (a)
Table 2, item 1 (b)
3Emissions from non-biomassCarbon dioxide from non-biomass from
Table 1, item 1 (a) and (b)
Table 1, item 2
Table 1, item 3 (a)
Table 1, item 4
Table 1, item 5
Table 1, item 6
Table 1, item 8
Table 1, item 9 (a), (b) and (d)
Table 1, item 11
Table 1, item 12
Table 1, item 13
Table 1, item 15
Table 1, item 16
Table 1, item 17 (a) and (b)
Table 1, item 19 (a), (b), (d), and (e)
Table 1, item 20 (a), (b), (c), (d), (e), (j) and (m)
Table 1, item 22
Table 1, item 23
Table 1, item 24
Table 1, item 27
Table 2, item 1 (a) and (b)
Table 2, item 2 (a) to (x)
Table 2, item 4 (a) to (n)
4Flaring emissionsTable 1, item 19 (a) and (d)
Table 1, item 20 (e)
Table 2, item 2 (m)
Table 2, item 4 (f)
Table 2, item 5 (i)
5Fugitive emissionsTable 1, item 3 (c)
Table 1, item 6
Table 1, item 7
Table 1, item 9 (c), (d) and (e)
Table 1, item 10
Table 1, item 17 (b)
Table 1, item 19 (c)
Table 1, item 20 (f), (h) and (j)
Table 1, item 25
Table 1, item 26
Table 2, item 2 (p), (q), (t), (u), (w) and (x)
Table 2, item 3
Table 2, item 4 (i), (j) (m) and (n)
Table 2, item 5 (l), (m), (p), (q), (s) and (t)
6Industrial process emissionsTable 1, item 3 (a) and (b)
Table 1, item 4
Table 1, item 5
Table 1, item 8
Table 1, item 9 (b)
Table 1, item 11
Table 1, item 12
Table 1, item 13
Table 1, item 15
Table 1, item 16
Table 1, item 17 (a)
Table 1, item18
Table 1, item 19 (e)
Table 1, item 20 (a), (c), (d), (g) and (m)
Table 1, item 21
Table 1, item 22
Table 1, item 24
Table 1, item 27
7On-site transportation emissionsTable 1, item 2
8Stationary fuel combustion emissionsTable 1, item 1 (a)
Table 1, item 9 (a)
Table 1, item 23
Table 2, item 1 (a)
9Venting emissionsTable 1, item 19 (b)
Table 1, item 20 (b), (h) and (k)
Table 2, item 2 (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (n), (o), (r), (s) and (v)
Table 2, item 4 (a), (b), (c), (d), (e), (g), (h), (k) and (l)
Table 2, item 5 (a), (b), (c), (d), (e), (f), (g), (h), (j), (k), (n), (o) and (r)
10Emissions from wasteTable 1, item 1 (b)
Table 2, item 1 (b)
11Emissions from wastewaterTable 1, item 14 (a) and (b)

 Schedule B, table, items 1, 2, 3, 9 and 12 BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

1Carbon dioxide emissions from biomass listed in item 1 of Schedule CCarbon dioxide from biomass listed in item 1 of Schedule C from
Table 1, item 1
Table 1, item 1.1
Table 1, item 2
Table 1, item 9 (a)
Table 1, item 22
Table 2, item 1 (a) and (b)
Table 2, item 1.1
2Other emissions from biomass listed in Schedule CEmissions from biomass listed in Schedule C, other than emissions in item 1 of Schedule B, from
Table 1, item 1
Table 1, item 1.1
Table 1, item 2
Table 1, item 9 (a)
Table 1, item 22
Table 2, item 1 (a) and (b)
Table 2, item 1.1
3Emissions from non-biomass listed in Schedule C.1Emissions from non-biomass listed in Schedule C.1 from
Table 1, item 1
Table 1, item 1.1
Table 1, item 2
Table 1, item 9 (a)
Table 2, item 1 (a) and (b)
9Stationary fuel combustion emissionsAll emissions attributable under section 3 from the following
Table 1, item 1 (a)
Table 1, item 1.1
Table 1, item 9 (a)
Table 1, item 23
Table 2, item 1 (a) and (c)
Table 2, item 1.1
12Emissions from wasteAll emissions attributable under section 3 from the following
Table 1, item 1 (b)
Table 2, item 1 (b)
Table 2, item 1.1

 Schedule B, table, item 14 was added by BC Reg 185/2024, effective July 8, 2024.

 Schedule C, section 1 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Schedule C, table items 2 to 10 were added by BC Reg 24/2024, effective February 16, 2024.

 Schedule C, section 1 definition of "digester gas" BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

"digester gas" means produced in a digester from organic waste decomposition or wastewater treatment in the absence of oxygen;

 Schedule C, section 1 definitions of "ethanol", "regulated fuel" and "unregulated fuel" BEFORE repealed by BC Reg 185/2024, effective July 8, 2024.

"ethanol" means ethanol if it is an unregulated fuel;

"regulated fuel" means fuel

(a) in relation to which the director under the Low Carbon Fuels Act has issued, or will issue, compliance units, within the meaning of that Act, under section 13 (2) [supply of fuel] of that Act, or

(b) that has been or will be used by a person to meet the requirements of section 9 (3) [renewable fuel target] of the Low Carbon Fuels Act;

"unregulated fuel" means a fuel for which the operator has evidence establishing that it is not a regulated fuel.

 Schedule C definitions of "biodiesel" and "renewable diesel" BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

"biodiesel" means a substance that is made up of mono-alkyl esters of long chain fatty acids derived from plant or animal matter if it is an unregulated fuel;

"renewable diesel" means hydrogenated-derived renewable diesel fuel if it is an unregulated fuel;

 Schedule C.1 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Schedule D BEFORE re-enacted by BC Reg 42/2022, effective February 22, 2022.

Schedule D

Electricity Import Operation Methodologies, Additional Information And Instrumentation

Definitions

1   In this Schedule:

"Canadian entitlement power" means imported electricity that is a downstream power benefit to which Canada is entitled as described in Articles V (1) and VII of the Columbia River Treaty and determined in accordance with that treaty;

"Columbia River Treaty" means the treaty between Canada and the United States of America relating to the Cooperative Development of the Water Resources of the Columbia River Basin, including its Annexes A and B, signed at Washington, District of Columbia, United States of America on the 17th day of January, 1961, and the Protocol brought into force by the exchange of instruments of ratification and an exchange of notes on September 16, 1964;

"default emissions factor" means

(a) for an unspecified source that is located in a jurisdiction listed in Western Climate Initiative's most recently published Default Emissions Factor Calculator, DEF Calculator Page, the figure in the Grand Total column of that page in the sum of emission factor rows for that jurisdiction, or

(b) if paragraph (a) does not apply, an emissions factor approved by the director;

"electricity transaction" means the purchase, sale, import, export or exchange of electric power;

"electricity wheeled through British Columbia" means electricity that is imported into British Columbia but simultaneously the same amount of electricity is exported out of British Columbia;

"plant information summary" means the plant information table included in the Final Default Emissions Factor Calculator most recently published by the Western Climate Initiative;

"specified power" means imported electricity that the electricity import operation can identify as being generated at an electricity generating facility or sub-facility because

(a) the operation is controlled by the owner of the facility or sub-facility, or

(b) the facility or sub-facility is identified in the power contract under which the electricity was imported,

but does not include Canadian entitlement power;

"specified source", in relation to a transaction respecting specified power, means

(a) the sub-facility identified as the source of the specified power, if

(i) the transaction identifies a sub-facility, or unit within a sub-facility, as the source of the specified power, and

(ii) the plant information summary identifies emissions and net generation for that sub-facility, and

(b) if paragraph (a) does not apply, the facility identified in the transaction as the source of the specified power;

"sub-facility" means any electrical generating unit or group of electrical generating units within a facility;

"unspecified power" means imported electricity, other than Canadian entitlement power, that is not specified power;

"unspecified source" means the pool, balancing authority or other source of unspecified power that is identified in the NERC E-tag as a source other than a specified source.

Calculation of emissions from specified sources

2   The emissions reported under section 4 (a) (vi) of this Schedule must be calculated in accordance with the following equation:

CO2 = MWhimp × Applicable Factor
where
CO2=the amount reported under section 4 (a) (v) of this Schedule measured in tonnes of carbon dioxide equivalent;
MWhimp=megawatt-hours of electricity imported from the specified source as measured at the first point of delivery in British Columbia;
Applicable Factor=in relation to
(a) a specified source listed in the plant information summary, the amount derived by dividing emissions in the tonnes column of the plant information summary by net generation for the unit or facility as specified in the net generation column of the plant information summary, and
(b) a specified source not listed in the plant information summary, one of the following:
    (i) if the specified source is a wind, solar, hydro or nuclear facility, zero;
    (ii) if subparagraph (i) does not apply, 0.435 Mt CO2e per MWh or such other amount approved by the director.

Calculation of emissions from unspecified sources

3   The emissions reported under section 4 (b) (iii) of this Schedule must be calculated by multiplying the reported quantities of imported electricity from each balancing authority area, by the appropriate default emission factor calculated in accordance with the following equation:

CO2 = MWh × DEF
where
CO2=annual CO2 mass emissions for imported electricity from the unspecified source, in tonnes;
MWh=megawatt-hours of electricity imported from the balancing authority area;
DEF=the default emission factor corresponding to the balancing authority area in which the unspecified source is located

Reporting requirements

4   For the purpose of section 14 (5) (b) of this regulation, the emission report of an electricity import operation must include the following:

(a) for each specified source of electricity imported by the electricity import operation during the reporting period,

(i) if the specified source is a facility, the name of that facility,

(ii) if the specified source is a sub-facility, the name of the facility that includes the specified source,

(iii) the identification provided in the plant information summary for the facility referred to in subparagraph (i) or (ii), if any,

(iv) if the specified source is a sub-facility, the sub-facility ID identified for that sub-facility in the plant information summary,

(v) for imported electricity generated by the specified source and imported by the reporting operation during the reporting period, amounts of such electricity as measured at the first point of delivery in British Columbia, and

(vi) the amount of emissions attributable to the electricity importing operation associated with the production of electricity referred to in subparagraph (v);

(b) for each unspecified source of electricity imported by the electricity import operation during the reporting period,

(i) the name of the unspecified source,

(ii) the amount of electricity imported as measured at the first point of delivery, measured in megawatt-hours, and

(iii) the amount of emissions attributable to the electricity importing operation associated with the production of electricity referred to in subparagraph (ii);

(c) electricity wheeled through British Columbia in the reporting period, that is owned by the electricity import operation at the first point of delivery in British Columbia, in megawatt-hours.

 Schedule D, sections 7 and 8 BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

Calculation

7   Emissions from the production and transmission of electricity acquired from a British Columbia electrical transmission grid, attributable to an LNG operation or a facility of a different industrial operation under section 4 (1) (c) and (d) of the regulation for a reporting period, are calculated by multiplying

(a) the total electricity used in the compliance period in megawatt-hours for primary and ancillary purposes that is acquired from the grid, and

(b) the most recent emission intensity factor for the grid calculated in accordance with section 6 (d) of this Schedule and published by the director at the end of the compliance period.

Exception

8   (1) If an LNG operation acquires electricity other than from any of the following, the emissions are quantified in accordance with subsection (2):

(a) the British Columbia electrical transmission grid;

(b) electricity generation that is part of the LNG operation;

(c) a facility of a different industrial operation referred to in section 4 (1) (c) and (d) of the regulation.

(2) The emissions referred to in subsection (1) are quantified by multiplying

(a) the emissions from the generation of electricity reported in the emission report of the producer of the electricity, and

(b) the fraction of that electricity supplied to that LNG operation.

 Schedule E BEFORE repealed by BC Reg 42/2022, effective February 22, 2022.

Schedule E

Emissions Attributable for Compliance Purposes to Electricity Usage

Definition

1   In this Schedule, "emission intensity factor" means the number published by the director, for the compliance period, that represents the carbon dioxide equivalent tonnes per MWh averaged for the 3 calendar years preceding the compliance period, calculated in accordance with the following formula for each of the 3 calendar years:

GHGgeneration + GHGimported
MWhgeneration + MWhimported
where
GHGgeneration=the emissions, attributable to electricity generation of electricity supplied to the British Columbia electrical transmission grid from facilities located in British Columbia, that are quantified and reported under this regulation in tonnes of carbon dioxide equivalent;
GHGimported=the emissions, attributable to electricity generation of electricity imported into British Columbia, that are quantified and reported under this regulation in tonnes of carbon dioxide equivalent;
MWhgeneration=the amount of electricity, in MWh, supplied to the British Columbia electrical transmission grid from facilities located in British Columbia;
MWhimported=the amount of electricity, in MWh, imported into British Columbia and supplied to the British Columbia electrical transmission grid.

 Schedule E.1 was enacted by BC Reg 24/2024, effective February 16, 2024.

 Schedule E.1, section 1 (1), PWAEIy,p BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

PWAEIy,p=the production-weighted average emission intensity of each regulated product produced by the regulated operation during the compliance period, listed in column 3 of table 1 of this Schedule opposite the product, in tonnes of carbon dioxide equivalent per unit of product set out in column 4 of Table 2 of Schedule A.1;

 Schedule E.1, table 1, items 5.1 and 6.1 were added by BC Reg 185/2024, effective July 8, 2024.

 Schedule E.1, table 1, item 7 BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

Table 1

7All industries other than those listed in Items 1 to 6.65.01

 Schedule E.1, table 2 was enacted by BC Reg 185/2024, effective July 8, 2024.

 Schedule F BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.

Schedule F

Calculating LNG Production in Tonnes

Converting volume to mass

1   The amount of LNG reported under section 23 (2) (e) to (g) of this regulation is to be calculated in accordance with the following equation:

LNGtonnes = LNGm3 × LNGdensity × 0.001
where
LNGtonnes=the amount of LNG in tonnes;
LNGm3=the amount of LNG in cubic metres;
LNGdensity=the density of LNG in kg/m3 calculated using the Revised Klosek and McKinley Method for calculating density of LNG published in 1980 by the National Bureau of Standards as NBS Technical Note 1030.

 Schedule G was enacted by BC Reg 24/2024, effective February 16, 2024.

 Schedule G, section 1, np and PR2024,p BEFORE amended by BC Reg 185/2024, effective July 8, 2024.

np=the total number of regulated products produced by the regulated operation during the compliance period;
PR2024,p=the quantity of each regulated product produced by the regulated operation during the 2024 compliance period, in units set out for the product in column 4 of Table 2 of Schedule A.1;