Title BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
Greenhouse Gas Emission Control Regulation
Part 1 BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.
Definitions
2 In this Part:
"designated operator" means the person designated under section 1 (7) of the Greenhouse Gas Emission Reporting Regulation for an industrial operation that has multiple operators;
"general account" means a holding account referred to in section 13 (6) [registry] of the Act;
"operator", in relation to an industrial operation, means
(a) in the case of an industrial operation that has a single operator, the operator referred to in section 1 (6) of the Greenhouse Gas Emission Reporting Regulation, and
(b) in the case of an industrial operation with multiple operators, the designated operator;
"primary account representative", in relation to an account, means the individual identified by the account holder under section 6 (3) (a) [opening accounts — requirements];
"secondary account representative", in relation to an account, means an individual authorized under section 6 (3) (b) (i) (B) by the account holder's primary account representative.
[am. B.C. Reg. 107/2018, Sch. s. 1.]
BC Carbon Registry
3 (1) The BC Carbon Registry is established for the purposes of section 13 (1) [registry] of the Act and is to be operated by the minister.
(2) The minister may establish terms and conditions on which a person may hold an account, which terms and conditions may include, but are not limited to, terms and conditions respecting the following:
(a) confidentiality of information;
(b) indemnification as between the account holder and the government;
(c) consents to the collection or disclosure of personal information, as defined in the Freedom of Information and Protection of Privacy Act;
Regulated operations
4 The operator of a regulated operation that intends to meet, in the manner described in section 6 (2) [compliance obligation] of the Act, the operator's compliance obligation for a compliance period must
(a) establish a compliance account on or before the date the regulated operation's compliance report for the compliance period is due under the Greenhouse Gas Emission Reporting Regulation, and
(b) maintain the compliance account until the operator's compliance obligation for that compliance period has been satisfied by the retirement of compliance units from that account.
Project proponents
5 A proponent of an accepted emission offset project must hold or establish an account referred to in section 13 (5) [registry] of the Act within 30 days after the emission offset project is accepted by the director.
General accounts
5.1 (1) In addition to the accounts referred to in section 13 (4) [registry] of the Act, the government may hold general accounts in the registry.
(2) A person, other than the government, a regulated operator or a project proponent, is qualified to hold a general account in the registry to which compliance units may be credited to the person if the person satisfies the director that
(a) the person has met the requirements under section 6, and
(b) the person's participation in the registry will not pose an unacceptable risk to the security of the registry.
[en. B.C. Reg. 107/2018, Sch. s. 2.]
Government accounts
5.2 Sections 6 to 6.2 do not apply in relation to the government, and the registry administrator must open accounts for the government on the direction of the director.
[en. B.C. Reg. 107/2018, Sch. s. 2.]
Opening accounts — application requirements
6 (1) A person 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 of the proposed account holder;
(b) the type of account to be opened;
(c) if the proposed account holder is a business organization, whether it is a corporation, partnership or proprietorship;
(d) the trade name or operating name of the proposed account holder;
(e) if the proposed account holder is a corporation,
(i) the name of the individual submitting the application on behalf of the corporation and the individual's position in or with the corporation,
(ii) the primary address from which the corporation carries on business, and
(iii) except in the case of a municipality, regional district or other corporation established or continued by an enactment,
(A) the mailing address of the corporation's registered or head office, and
(B) the registration number assigned to the corporation by the Registrar of Companies;
(f) if the proposed account holder is a partnership,
(i) the name of the partner submitting the application,
(ii) if that partner is a corporation, the name of the individual submitting the application on behalf of the corporation and the individual's position in or with the corporation,
(iii) the primary address from which the partnership carries on business, and
(iv) the registration number, if any, assigned to the partnership by the Registrar of Companies;
(g) if the proposed account holder is an individual,
(i) the individual's address, and
(ii) if the application relates to a business, the primary address from which the individual carries on business;
(h) if the proposed account holder is to hold the account for the benefit of another person or entity, the name of the other person or entity and the information under paragraph (e), (f) or (g), as applicable, in relation to the proposed account holder;
(i) other information approved by the director and specified by the registry administrator.
(2) If section 1 (7) [definitions and interpretation — multiple operators] of the Greenhouse Gas Emission Reporting Regulation applies to a regulated operator, a person applying under subsection (1) of this section on behalf of the designated operator must provide the following information:
(a) the name and contact information of the designated operator;
(b) the information required under subsection (1) (c) to (h), as applicable, in relation to each of the other operators of the regulated operation, and for that purpose a reference in subsection (1) (c) to (h) to the proposed account holder is to be read as a reference to the operator.
(3) A person submitting an application under subsection (1) must provide the following:
(a) the name of the individual who, on behalf of the proposed 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;
(b) a signed statement of the proposed account holder, or in the case of a corporation, an officer or director of the account holder, that
(i) the primary account representative identified under paragraph (a) 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].
[en. B.C. Reg. 107/2018, Sch. s. 3.]
Verification of identity and authority
6.1 (1) An application under section 6 (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).
(2) If the primary account representative authorizes a secondary account representative, the following must be submitted to the registry administrator in respect of each authorized secondary account representative:
(a) a copy of one piece of valid government-issued photo identification for the secondary account representative;
(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).
(3) A person submitting an application under section 6 (1), other than the operator of a regulated operation, must provide the following:
(a) proof that the proposed account holder holds an account in good standing in a financial institution that provides the services of a savings institution in Canada or the United States of America;
(b) in the case of a corporation incorporated under, but not by, an Act of British Columbia or another jurisdiction inside or outside Canada, proof that the corporation is currently registered in British Columbia with the Registrar of Companies;
(c) in the case of a corporation established or continued by an enactment, a copy of the enactment;
(d) in the case of an individual applying on behalf of another person, evidence satisfactory to the registry administrator that the individual is authorized by the other person to apply on its behalf.
[en. B.C. Reg. 107/2018, Sch. s. 3.]
Conditions applicable to account holders
6.2 (1) An account holder must advise the registry administrator within 30 days after any change in the information provided under section 6.
(2) 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.
(3) 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.
(4) 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 caused 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 (2) or (3), as applicable.
(5) 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 caused to the account holder through the registry because of a breach of the account holder's security system.
[en. B.C. Reg. 107/2018, Sch. s. 3.]
Public information in registry
7 (1) For the purposes of section 13 (2) (c) [registry] of the Act, the director must ensure that the registry administrator makes the following information available in an area of the registry that is open to the public:
(a) the legal name of each account holder;
(b) the types of accounts held;
(c) in the case of the operator of a regulated operation, the number of compliance units retired for each compliance period from the compliance account of the regulated operation.
(2) The director may satisfy the requirement under section 9 (2) [emission offset projects] of the Act in respect of an accepted emission offset project by ensuring that the registry administrator makes the documents referred to in that section available for the period required under section 9 (3) of the Act in an area of the registry that is open to the public.
(3) The director must ensure that the terms and conditions referred to in section 3 (2) [BC Carbon Registry] are published in an area of the registry that is open to the public.
Compliance unit information
8 For the purposes of section 13 (2) (c) [registry] of the Act, the following information respecting each compliance unit issued into the registry must be published in an area of the registry that is open to the public:
(a) the unique identifier assigned to the compliance unit under section 14 (2) [registry administrator] of the Act;
(b) the type of compliance unit;
(c) in the case of an offset unit, the name of the project that generated the unit, the type of that project, the year in which the unit was issued and an electronic link to the documents referred to in section 7 (2) [public information in registry] that are published in the registry in relation to the project;
(d) in the case of a funded unit, the year in which the unit was issued and the name of the person to whom the unit was issued;
(e) in the case of an earned unit, the name of the regulated operation that earned the unit and the year in which the unit was issued;
Compliance unit transactions
9 An account holder may transfer compliance units to the holding account of another account holder, and the other account holder may accept the transfer, only with the consent of both account holders.
Suspension or cancellation of accounts
10 (1) The director may suspend for a period specified by the director an account holder's participation in the registry if the director is of the opinion that
(a) the suspension is necessary or advisable in the public interest,
(b) the account holder's application to the registry contained a material misstatement or misrepresentation,
(c) the account holder has failed to comply with the Act, a regulation under the Act or the terms and conditions on which the account is held, or
(d) it is in the interest of the account holder to suspend that account holder's participation in the registry.
(2) The registry administrator
(a) may suspend an account holder's participation in the registry if the registry administrator considers it necessary because of a security breach or a suspected security breach, and
(b) must advise the director of such a suspension as soon as is practicable.
(3) On receiving notice of a suspension under subsection (2), the director may cancel the suspension or suspend, in accordance with this section, the account holder's participation in the registry.
(4) The director may cancel an account holder's participation in the registry if the director is of the opinion that
(a) the cancellation is necessary or advisable in the public interest due to the actions of the account holder,
(b) the account holder knowingly provided a material misstatement or misrepresentation in the account holder's application to the registry, or
(c) the account holder knowingly fails to comply with the Act, a regulation under the Act or the terms and conditions on which the account is held.
(5) If the director intends to suspend or cancel an account holder's participation in the registry, the director must
(a) give written notice of that intention, and
(b) on the written request of the account holder made within 30 days after the notice is delivered or deemed delivered in accordance with section 41 (2) [notice and service under this Act] of the Act, provide that account holder with an opportunity to be heard in accordance with section 4 (2) [opportunity to be heard] of the Greenhouse Gas Emission Administrative Penalties and Appeals Regulation as if the request were made under section 4 (1) of that regulation.
(6) If the director gives notice under subsection (5), the director may suspend or cancel, as applicable, the account holder's participation in the registry upon the expiry of the 30-day period referred to in subsection (5) (b) unless a request to be heard has been made under that subsection.
(7) If the director considers a matter urgent, the director
(a) may suspend an account holder's participation in the registry immediately, and
(b) must provide the notice referred to in subsection (5) (a) promptly upon suspending the account holder's participation in the registry.
(8) The registry administrator, on the written request of an account holder whose participation in the registry has been suspended or cancelled, may,
(a) while participation in the registry is suspended or if participation in the registry is cancelled, credit, on behalf of that account holder, compliance units to an account, and
(b) if participation in the registry has been cancelled, transfer, on behalf of that account holder, compliance units from that account holder's holding account to the holding account of another person.
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 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 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 11 definition of "monitoring period" was added by BC Reg 24/2024, effective February 16, 2024.
Section 11 definition of "sequestration project" BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
"sequestration project" means a project that provides for
(a) the removal of greenhouse gas from the atmosphere and storage of that gas or its components in a biological reservoir, or
(b) the avoidance of greenhouse gas emissions from sources that are part of the biosphere;
Section 11 definition of "storage project" BEFORE repealed by BC Reg 24/2024, effective February 16, 2024.
"storage project" means a project that provides for the storage, in non-biological reservoirs, of greenhouse gas, or components of greenhouse gas, which greenhouse gas is
Section 14 (3) (n) (x) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
(x) in relation to a sequestration project or storage project, that the project proponent has secured a right of access to the project site for the monitoring period required under the protocol;
Section 14 (3) (o) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
(o) in the case of a sequestration project or storage project, a monitoring and maintenance plan in accordance with the applicable protocol;
Section 18 (1) (b) (ii) (B) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
(B) if the project is not a sequestration or storage project, 10 years after the applicable date under paragraph (a).
Section 18 (3) (a) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
(a) if the project is a sequestration project or storage project, the extension may not be for more than 25 years and the total crediting period may not exceed 100 years, and
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 20 (3) (f) (ix) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.
(ix) the number of offset units the project proponent claims the project has generated in the report period and the number of those offset units, if any, that are to be credited to the contingency account in accordance with the applicable protocol;
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 23 (2) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
(2) The director must credit offset units to the holding account of the project proponent unless the director has reason to believe that the project report or verification statement is inconsistent with the Act, the regulations or the applicable protocol.
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 24 (1) and (2) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
(1) For the purposes of section 13 (4) (c) [registry] of the Act, offset units issued in relation to a sequestration project or storage project must be credited to the contingency account.
(2) Subject to subsection (3), 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 (1) BEFORE repealed by BC Reg 185/2024, effective July 8, 2024.
(1) For the purposes of section 13 (4) (c) [registry] of the Act, offset units issued in relation to a sequestration project must be credited to the contingency account.
Section 24 (2) to (4) BEFORE amended by BC Reg 185/2024, effective July 8, 2024.
(2) Subject to subsection (3), up to 51%, as specified in the applicable protocol, of offset units issued in relation to a sequestration project must be credited to the contingency account.
(3) If, in relation to a sequestration project, offset units are retired from the contingency account by the director under section 20 (3) (c) of the Act, the director may, subject to subsection (4) of this section, and despite section 23 (2) of this regulation, credit to the contingency account any offset units that would otherwise be credited to the holding account of the project proponent under section 23 (2) of this regulation during the crediting period.
(4) The total number of offset units that may be credited to the contingency account under subsection (3) must not exceed the number of offset units that, in relation to the project, have been retired from the contingency account under section 20 (3) (c) of the Act.
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 25 BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
Monitoring and maintenance requirements
25 The proponent of a sequestration project or storage project must ensure that, for 100 years after the crediting period for the project ends,
(a) the project site is monitored at the frequency and in the manner specified in the applicable protocol and the monitoring and maintenance plan referred to in section 14 (3) (o) [project plans], and
(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 the maintenance requirements.
[am. B.C. Reg. 169/2023, Sch., s. 8.]
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
Section 26 (1) (part) BEFORE amended by BC Reg 24/2024, effective February 16, 2024.
(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 report period required under the protocol,