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"Point in Time" Regulation Content

Greenhouse Gas Industrial Reporting and Control Act

Greenhouse Gas Emission Control Regulation

B.C. Reg. 250/2015

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 2 June 4, 2018
Section 5.1 June 4, 2018
Section 5.2 June 4, 2018
Section 6 June 4, 2018
Section 6.1 June 4, 2018
Section 6.2 June 4, 2018
Section 11 March 11, 2021
July 7, 2023
Section 20 July 7, 2023
Section 21 July 7, 2023
Section 23 July 7, 2023
Section 24 July 7, 2023
Section 25 July 7, 2023
Section 26 July 7, 2023
Section 26.1 July 7, 2023

 Section 2 definition of "general account" was added by BC Reg 107/2018, effective June 4, 2018.

 Section 2 definitions of "primary representative" and "secondary account representative" BEFORE amended by BC Reg 107/2018, effective June 4, 2018.

"primary account representative", in relation to an account, means the individual identified by the account holder under section 6 (1) (f) [opening accounts — requirements];

"secondary account representative", in relation to an account, means an individual authorized under section 6 (1) (g) (i) (B) by the account holder's primary account representative.

 Section 5.1 was enacted by BC Reg 107/2018, effective June 4, 2018.

 Section 5.2 was enacted by BC Reg 107/2018, effective June 4, 2018.

 Section 6 BEFORE re-enacted by BC Reg 107/2018, effective June 4, 2018.

Opening accounts — requirements

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

(a) the legal name and mailing address of the head office,

(i) if the person is the operator of a regulated operation, of each operator of the regulated operation,

(ii) if the person is a project proponent, of the project proponent, or

(iii) if the person is neither an operator of a regulated operation nor the proponent of a project, of the person in whose name the account is to be held;

(b) the trade name or other name, if any, of the operator of a regulated operation, the regulated operation, the project proponent or the other person;

(c) the type of organization of the operator of the regulated operation, the project proponent or the other person and, if applicable, the registration number assigned by the registrar of companies;

(d) in the case of a regulated operation, the name and contact information for the operation representative, as defined in section 1 (1) [definitions and interpretation] of the Greenhouse Gas Emission Reporting Regulation, of the regulated operation;

(e) the type of account to be opened;

(f) the name of the individual who, on behalf of the account holder, is to

(i) have electronic access to the person's accounts,

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

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

(g) a signed statement of an officer or director of the account holder that

(i) the primary account representative identified under paragraph (f) has the account holder's authority to

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

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

(ii) the account holder agrees to abide by the terms and conditions referred to in section 3 (2) [BC Carbon Registry];

(h) if approved by the director, other information specified by the registry administrator.

(2) An application under subsection (1) must include

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

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

(c) a signed statement of the primary account representative that

(i) the identification provided under paragraph (a) is the primary account representative's identification, and

(ii) the primary account representative agrees to abide by the terms and conditions referred to in section 3 (2).

(3) If the primary account representative authorizes another individual to exercise the powers of the primary account representative on behalf of the account holder, the following must be submitted to the registry administrator, in respect of each secondary account representative authorized by the primary account representative:

(a) a copy of one piece of valid government-issued photo identification;

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

(c) a signed statement of the secondary account representative that

(i) the identification provided under paragraph (a) is the secondary account representative's identification, and

(ii) the secondary account representative agrees to abide by the terms and conditions referred to in section 3 (2).

(4) A person who holds an account must advise the registry administrator of any change in the information provided under subsections (1) to (3).

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

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

(7) It is a condition of holding an account that the account holder agrees that the registry administrator is not liable, and neither the BC Carbon Registry nor the government is vicariously liable, for any loss or damage occasioned to the account holder because of anything done or not done by a primary account representative, or a secondary account representative, acting or purporting to act under the authority referred to in subsection (5) or (6), as applicable.

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

 Section 6.1 was enacted by BC Reg 107/2018, effective June 4, 2018.

 Section 6.2 was enacted by BC Reg 107/2018, effective June 4, 2018.

 Section 11 (1) (part) definition of "threat to independence" BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

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

 Section 11 (1) definition of "emissions reduction", paragraph (a) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(a) in relation to a project plan, baseline emissions minus project emissions described in paragraph (a) of the definition of "project emissions", and

 Section 11 (1) definition of "emissions reduction", paragraph (c) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 11 (1) definition of "project emissions", paragraph (c) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 11 (1) definition of "project removals", paragraph (c) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 11 (1) definition of "removals enhancement", paragraph (c) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 11 (1) definitions of "applicable calculation period", "avoidable reversal event", "impaired project reduction", "maintenance requirements", "monitoring report", "monitoring report period", "reversal event" and "unavoidable reversal event" were added by BC Reg 169/2023, effective July 7, 2023.

 Section 11 (5) to (9) were added by BC Reg 169/2023, effective July 7, 2023.

 Section 20 (3) (e.1) and (f.1) were added by BC Reg 169/2023, effective July 7, 2023.

 Section 20 (3) (f) (v) (F) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 20 (3) (f) (v.1) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 20 (3) (f) (vi) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(vi) that the measurements and calculations that resulted in the amounts asserted under subparagraph (v) were carried out in accordance with the applicable protocol;

 Section 20 (3) (f) (vi.1) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 20 (4) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 21 (1) (a) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(a) the assertions in the project report respecting the project reduction are fair and accurate,

 Section 23 (1) (part) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(1) An application to the director for the issuance of offset units in relation to a project report must be submitted to the director by the verification body that prepared the verification statement for the project report in a manner acceptable to the director and include all of the following:

 Section 23 (1.1) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 24 (2) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(2) Up to 51%, as specified in the applicable protocol, of offset units issued in relation to a sequestration project or storage project must be credited to the contingency account.

 Section 24 (3) and (4) were added by BC Reg 169/2023, effective July 7, 2023.

 Section 25 (b) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(b) the amount of greenhouse gas, or components of greenhouse gas, sequestered or stored, as applicable, is maintained, and the maintenance activities are carried out, in accordance with that protocol and that monitoring and maintenance plan.

 Section 26 (1) (part) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(1) If, under section 25 and the applicable protocol, a project proponent must monitor and maintain a project after the crediting period for the project has ended, the proponent must, within 6 months after the end of each monitoring period required under the protocol,

(a) prepare a monitoring report in accordance with subsection (3) for each monitoring period, and

 Section 26 (3) (b) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(b) the period the monitoring report covers;

 Section 26 (3) (c) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(c) a description of the maintenance activities required under the project plan and an assertion that those maintenance activities were carried out in accordance with that project plan;

 Section 26 (3) (d.1) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 26 (3) (e) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(e) an assertion of whether the greenhouse gas or components of greenhouse gas sequestered or stored under the project has been maintained at levels that ensure there is no material impairment of the project reduction;

 Section 26 (3) (e.1) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 26 (3) (f) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(f) if there has been a material impairment of the project reduction, an assertion respecting the cause of that material impairment;

 Section 26 (3) (g) BEFORE amended by BC Reg 169/2023, effective July 7, 2023.

(g) evidence to support the assertions referred to in paragraphs (c) to (f);

 Section 26 (3.1) was added by BC Reg 169/2023, effective July 7, 2023.

 Section 26 (4) and (5) BEFORE repealed by BC Reg 169/2023, effective July 7, 2023.

(4) If the director is satisfied that the project proponent did not cause a material impairment described in subsection (3) (f) by the proponent's failure to comply with maintenance or monitoring requirements in accordance with the applicable protocol, the director may retire from the contingency account one offset unit for each tonne of carbon dioxide equivalent by which the project reduction has been impaired.

(5) If the director is satisfied that a material impairment described in subsection (3) (f) was caused by the proponent's failure to comply with maintenance or monitoring requirements in accordance with the applicable protocol,

(a) the director may retire from the contingency account one offset unit for each tonne of carbon dioxide equivalent by which the project reduction was impaired up to the difference, if any, between

(i) the number of offset units credited under section 24 (2) to the contingency account on account of that project, and

(ii) the number of offset units previously retired under this section in relation to the project, and

(b) the project proponent must

(i) deposit to a holding account of the project proponent the number of compliance units equal to the difference, if any, between the number of offset units retired under paragraph (a) in relation to the impairment and the number of tonnes of carbon dioxide equivalent by which project reduction was impaired, and

(ii) direct the director to retire those compliance units.

 Section 26.1 was enacted by BC Reg 169/2023, effective July 7, 2023.