Draft Regulations Amending the Fuel Charge Regulations
1 (1) Section 1 of the Fuel Charge Regulations is replaced by the following:
Definitions
1 The following definitions apply in these Regulations.
Act means the Greenhouse Gas Pollution Pricing Act. (Loi)
fuel charge system has the same meaning as in subsection 168(1) of the Act. (régime de redevance sur les combustibles)
(2) Section 1 of the Regulations, as enacted by subsection (1), is amended by adding the following in alphabetical order:
eligible greenhouse means a greenhouse all or substantially all of which is used for the growing of vegetables, fruits, bedding plants, flowers, ornamental plants, tree seedlings, medicinal plants or other plants. (serre admissible)
eligible greenhouse activity means the use of a qualifying greenhouse fuel to heat an eligible greenhouse or to supplement carbon dioxide in an eligible greenhouse in order to grow or produce plants. (activité de serre admissible)
export means export from Canada. (exportation)
greenhouse operator means a person that carries on a business of growing vegetables, fruits, bedding plants, flowers, ornamental plants, tree seedlings, medicinal plants or other plants in eligible greenhouses with a reasonable expectation of profit. (exploitant de serre)
main electrical network means a network for the distribution of electricity that is subject to the standards of the North American Electric Reliability Corporation. (réseau électrique principal)
qualifying greenhouse fuel means a type of fuel that is marketable natural gas or propane. (combustible de serre admissible)
qualifying power plant fuel means a type of fuel that is light fuel oil or marketable natural gas. (combustible de centrale électrique admissible)
remote community means a geographic area that is not serviced by a main electrical network and that is not serviced by a distribution system. (collectivité éloignée)
remote power plant means a power plant that
(a) generates electricity for general distribution to the public of a remote community;
(b) is not connected to a main electrical network; and
(c) is not connected to a distribution system. (centrale électrique éloignée)
remote power plant operator means a person that operates a remote power plant. (exploitant de centrale électrique éloignée)
2 The Regulations are amended by adding the following after section 3:
PART 1.1
Adjustment Day
Adjustment day
3.1 For the purposes of the definition adjustment day in section 3 of the Act, the following days are prescribed:
(a) July 1, 2019;
(b) April 1, 2020;
(c) April 1, 2021; and
(d) April 1, 2022.
July 1, 2019 — Yukon and Nunavut
3.2 Except if section 10 or 16 applies, for the purposes of the fuel charge system and of applying subsection 38(1) of the Act in respect of the adjustment day that is July 1, 2019, paragraph (a) of the description of B in that subsection is adapted as follows:
(a) if the listed province is Yukon or Nunavut, zero, and
3 The Regulations are amended by adding the following after section 4:
PART 3
Rebates
Rebate — fuel exported by non-resident
5 (1) For the purposes of section 48 of the Act, if at a particular time a quantity of fuel is exported by a person that is not resident in Canada and not registered for the purposes of Part 1 of the Act and if the quantity of fuel was delivered at an earlier time to the person in a listed province by a registered distributor in respect of that type of fuel, the Minister must pay a rebate to the registered distributor in respect of the quantity of fuel, the listed province and the reporting period of the registered distributor that includes the particular time if
(a) a charge under section 17 of the Act was payable by the registered distributor at the earlier time in respect of the quantity of fuel and the listed province and that charge was taken into account in the determination of the net charge for the reporting period of the registered distributor that includes the earlier time;
(b) during the period that begins at the earlier time and ends at the particular time, the quantity of fuel is not further processed, transformed or altered in Canada except to the extent reasonably necessary or incidental to its transportation; and
(c) the person provides to the registered distributor, and the registered distributor retains, evidence satisfactory to the Minister of the exportation of the quantity of fuel by the person.
Amount of rebate
(2) For the purposes of section 48 of the Act, the amount of the rebate under subsection (1) is equal to the amount of the charge referred to in paragraph (1)(a).
Non-application
(3) The rebate under subsection (1) is not payable to the extent that the fuel is exported in a supply tank of a vehicle.
Non-application
(4) The rebate under subsection (1) is not payable if the type of fuel is gasoline, kerosene, light fuel oil or propane and the quantity of the fuel that is exported otherwise than in a supply tank of a vehicle does not exceed 1000 L.
PART 4
Fishers
Prescribed listed provinces — fishers
6 For the purposes of subparagraph 17(2)(a)(iii.1) of the Act, the following listed provinces are prescribed:
(a) Ontario;
(b) New Brunswick;
(c) Manitoba; and
(d) Saskatchewan.
PART 5
Greenhouse Operators
Charge — diversion by greenhouse operator
7 (1) For the purposes of section 26 of the Act, if at any time fuel that is qualifying greenhouse fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a greenhouse operator and an exemption certificate referred to in subsection 9(1) applies in respect of the delivery in accordance with section 36 of the Act, the particular person must pay a charge in respect of the fuel and the listed province in the amount determined under subsection (6) to the extent that, at a later time, the fuel is
(a) used by the particular person in the listed province otherwise than in eligible greenhouse activities; or
(b) delivered by the particular person to another person unless the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36 of the Act.
When charge payable
(2) For the purposes of section 26 of the Act, the charge referred to in subsection (1) becomes payable at the later time referred to in that subsection.
Charge not payable
(3) For the purposes of section 27 of the Act, the charge referred to in subsection (1) is not payable if the particular person is not, at the later time referred to in that subsection, a greenhouse operator or if a charge is payable under section 37 of the Act in respect of the fuel.
Charge — ceasing to be a greenhouse operator
(4) For the purposes of section 26 of the Act, if at any time fuel that is qualifying greenhouse fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a greenhouse operator, if an exemption certificate referred to in subsection 9(1) applies in respect of the delivery in accordance with section 36 of the Act and if the particular person ceases, at a later time, to be a greenhouse operator, the particular person must pay a charge in respect of the fuel and the listed province in the amount determined under subsection (6) to the extent that, at the later time, the fuel is held in the listed province by the particular person. The charge becomes payable at the later time.
Charge not payable
(5) For the purposes of section 27 of the Act, the charge referred to in subsection (4) is not payable if
(a) at the later time referred to in that subsection, the particular person is registered as a distributor in respect of that type of fuel;
(b) at the later time referred to in that subsection, the particular person is a registered emitter, but only to the extent that, at the later time, the fuel is held at, or in transit to, a covered facility of the particular person; or
(c) a charge is payable under section 37 of the Act in respect of the fuel.
Amount of charge
(6) For the purposes of section 26 of the Act, the amount of the charge payable under subsection (1) or (4) in respect of the fuel and the listed province is equal to the amount determined by the formula:
A × B × 0.8
where
A is the quantity of the fuel in respect of which the charge becomes payable; and
B is the rate in respect of fuel of that type for the listed province applicable at the time the charge becomes payable.
Exemption certificate — greenhouse operator
8 For the purposes of subparagraph 36(1)(b)(viii) of the Act, a greenhouse operator is a prescribed person and the prescribed circumstances are that the fuel is for use exclusively in eligible greenhouse activities.
Application — delivery to greenhouse operator
9 (1) For the purposes of subsection 40(3) of the Act, the amount of a charge in respect of fuel and a listed province payable under subsection 17(1) of the Act is to be determined in accordance with this section if
(a) the fuel is a qualifying greenhouse fuel;
(b) the other person referred to in subsection 17(1) of the Act is a greenhouse operator at the particular time referred to in that subsection;
(c) an exemption certificate applies in respect of the delivery referred to in subsection 17(1) of the Act in accordance with section 36 of the Act; and
(d) the exemption certificate includes a declaration by the other person that the other person is a greenhouse operator and that the fuel is for use exclusively in eligible greenhouse activities.
Amount of charge
(2) If subsection (1) applies, the amount of the charge payable in respect of the fuel and the listed province is equal to the amount determined by the formula:
A × B × 0.2
where
A is the quantity of the fuel in respect of which the charge becomes payable; and
B is the rate in respect of fuel of that type for the listed province applicable at the time the charge becomes payable.
Amount of charge — adjustment day
10 For the purposes of the fuel charge system and of applying subsection 38(1) of the Act in respect of fuel that is a qualifying greenhouse fuel and that is held at the beginning of an adjustment day in a listed province by a person that is a greenhouse operator, the formula in that subsection and the descriptions in that formula are adapted as follows:
[A − (0.8 × B)] × (C − D)
where
A is the quantity of the fuel;
B is the quantity of the fuel that was delivered to the person by a registered distributor in respect of that type of fuel and in respect of which an exemption certificate referred to in subsection 9(1) of the Fuel Charge Regulations applies in respect of the delivery in accordance with section 36;
C is the rate in respect of fuel of that type for the listed province applicable on the adjustment day; and
D is
(a) zero, if
(i) the adjustment day is commencement day, or
(ii) the adjustment day is July 1, 2019 and the listed province is Yukon or Nunavut, and
(b) the rate in respect of fuel of that type for the listed province applicable on the day before the adjustment day, in any other case.
Registration — delivery to greenhouse operator
11 For the purposes of paragraph 55(3)(c) of the Act, a person may apply under subsection 55(3) of the Act to be registered as a distributor in respect of a type of fuel that is a qualifying greenhouse fuel if the person carries on the business of selling, delivering or distributing fuel of that type and, in the ordinary course of that business, delivers fuel of that type in a listed province to a greenhouse operator.
PART 6
Remote Power Plant Operators
Charge not payable — remote power plant operator
12 For the purposes of subparagraph 17(2)(a)(iv) of the Act, a charge is not payable in respect of fuel that is a qualifying power plant fuel if the fuel is delivered by a registered distributor in respect of that type of fuel to a remote power plant operator and an exemption certificate applies in respect of the delivery in accordance with section 36 of the Act.
Charge — diversion by remote power plant operator
13 (1) For the purposes of section 26 of the Act, if at any time fuel that is a qualifying power plant fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a remote power plant operator and an exemption certificate applies in respect of the delivery in accordance with section 36 of the Act, the particular person must pay a charge in respect of the fuel and the listed province in the amount determined under section 40 of the Act to the extent that, at a later time, the fuel is
(a) used by the particular person in the listed province otherwise than in the operation of a remote power plant or otherwise than at the location of a remote power plant; or
(b) delivered by the particular person to another person unless the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36 of the Act.
When charge payable
(2) For the purposes of section 26 of the Act, the charge referred to in subsection (1) becomes payable at the later time referred to in that subsection.
Charge not payable
(3) For the purposes of section 27 of the Act, the charge referred to in subsection (1) is not payable if the particular person is not, at the later time referred to in that subsection, a remote power plant operator or if a charge is payable under section 37 of the Act in respect of the fuel.
Charge — ceasing to be a remote power plant operator
(4) For the purposes of section 26 of the Act, if at any time fuel that is a qualifying power plant fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a remote power plant operator, if an exemption certificate applies in respect of the delivery in accordance with section 36 of the Act and if the particular person ceases, at a later time, to be a remote power plant operator, the particular person must pay a charge in respect of the fuel and the listed province in the amount determined under section 40 of the Act to the extent that, at the later time, the fuel is held in the listed province by the particular person. The charge becomes payable at the later time.
Charge not payable
(5) For the purposes of section 27 of the Act, the charge referred to in subsection (4) is not payable if
(a) at the later time referred to in that subsection, the particular person is registered as a distributor in respect of that type of fuel;
(b) at the later time referred to in that subsection, the particular person is a registered emitter, but only to the extent that, at the later time, the fuel is held at, or in transit to, a covered facility of the particular person; or
(c) a charge is payable under section 37 of the Act in respect of the fuel.
Charge not payable — remote power plant operator
14 For the purposes of section 27 of the Act, no charge is payable under subsection 18(1) of the Act in respect of fuel used by a person if the person is a remote power plant operator, the fuel is a qualifying power plant fuel and the fuel is used at the location of a remote power plant in the operation of the remote power plant.
Exemption certificate — remote power plant operator
15 For the purposes of subparagraph 36(1)(b)(viii) of the Act, a remote power plant operator is a prescribed person and the prescribed circumstances are that the fuel is for use exclusively at the location of a remote power plant in the operation of the remote power plant.
Amount of charge — adjustment day
16 For the purposes of the fuel charge system and of applying subsection 38(1) of the Act in respect of fuel that is a qualifying power plant fuel and that is held at the beginning of an adjustment day in a listed province by a person that is a remote power plant operator, the formula in that subsection and the descriptions in that formula are adapted as follows:
(A − B) × (C − D)
where
A is the quantity of the fuel;
B is the quantity of the fuel that was delivered to the person by a registered distributor in respect of that type of fuel and in respect of which an exemption certificate applies in respect of the delivery in accordance with section 36;
C is the rate in respect of fuel of that type for the listed province applicable on the adjustment day; and
D is
(a) zero, if
(i) the adjustment day is commencement day, or
(ii) the adjustment day is July 1, 2019 and the listed province is Yukon or Nunavut, and
(b) the rate in respect of fuel of that type for the listed province applicable on the day before the adjustment day, in any other case.
Registration — delivery to remote power plant operator
17 For the purposes of paragraph 55(3)(c) of the Act, a person may apply under subsection 55(3) of the Act to be registered as a distributor in respect of a type of fuel that is a qualifying power plant fuel if the person carries on the business of selling, delivering or distributing fuel of that type and, in the ordinary course of that business, delivers fuel of that type in a listed province to a remote power plant operator.
PART 7
Farmers
Travel between farms and cardlock facilities
18 For the purposes of paragraph (c) of the definition eligible farming activity in section 3 of the Act, a prescribed activity is the operation of eligible farming machinery for the purposes of travelling between a farm and a cardlock facility to obtain qualifying farming fuel.
Exemption certificate — delivery at cardlock facilities
19 For the purposes of subparagraph 36(1)(b)(viii) of the Act, a farmer is a prescribed person and the prescribed circumstances are that the location at which the fuel is delivered is a cardlock facility, that the fuel is for use exclusively in the operation of eligible farming machinery or of an auxiliary component of eligible farming machinery and that all or substantially all of the fuel is for use in the course of eligible farming activities.
Registration — delivery to farmer at cardlock
20 For the purposes of paragraph 55(3)(c) of the Act, a person may apply under subsection 55(3) of the Act to be registered as a distributor in respect of a type of fuel that is a qualifying farming fuel if the person carries on the business of selling, delivering or distributing fuel of that type and, in the ordinary course of that business, delivers fuel of that type in a listed province to a farmer at a cardlock facility.
PART 8
Annual Net Fuel Adjustment — Rail Carriers
Definition of specified year
21 For the purposes of sections 33, 35, 40, 47 and 52 of the Act, as adapted by section 22, specified year means a period of 12 months beginning on the first day of April.
Adaptation — timing of adjustment
22 For the purposes of the fuel charge system,
(a) section 33 of the Act is adapted so that a reference to "calendar year" in that section is to be read as "specified year";
(b) section 35 of the Act is adapted so that
(i) a reference to "calendar year" in that section is to be read as "specified year", and
(ii) the reference to "June 30" in that section is to be read as "September 30";
(c) paragraph (a) of the description of B in subsection 40(1) of the Act is adapted so that
(i) a reference to "calendar year" in that paragraph is to be read as "specified year", and
(ii) the reference to "December 31" in that paragraph is to be read as "March 31";
(d) section 47 of the Act is adapted so that
(i) the reference to "calendar year" in subsection (1) is to be read as "specified year", and
(ii) the reference to "December 31 of the calendar year" in the description of B in subsection (2) is to be read as "March 31 of the specified year"; and
(e) paragraph 52(c) of the Act is adapted so that
(i) the reference to "calendar year" in the portion of that paragraph before subparagraph (i) is to be read as "specified year", and
(ii) a reference to "June 30 of the year following the particular calendar year" in subparagraphs (i) and (ii) is to be read as "September 30 of the specified year following the particular specified year".
PART 9
Covered Facilities
Person responsible for a facility
23 For the purposes of this Part, a person responsible for a facility is a person referred to in paragraph 24(c) in respect of the facility.
Prescribed covered facility
24 For the purposes of paragraph (b) of the definition covered facility in section 3 of the Act, one or more sites including structures and equipment situated at those sites (referred to in this Part as a "facility") is a prescribed facility if
(a) the facility is located in Saskatchewan;
(b) all parts of the facility function as a single integrated site;
(c) all parts of the facility have at least one owner or operator in common;
(d) the facility is subject to a provincial output-based performance standards system relating to a provincial pricing mechanism for greenhouse gas emissions; and
(e) a statement referred to in subsection 25(2) has been issued confirming that the condition described in paragraph (d) in respect of the facility is met and no subsequent statement referred to in subsection 25(6) has been issued indicating that this condition is no longer met.
Application — facility in Saskatchewan
25 (1) A person responsible for a facility may apply to the Minister of the Environment for a determination of whether the condition in paragraph 24(d) is met in respect of the facility. The person must provide to that Minister the information in respect of the facility necessary for that Minister to determine if the condition in paragraph 24(d) is met in respect of the facility and any other information in respect of the facility that that Minister considers relevant for the purposes of this Part.
Statement in writing
(2) On receipt of the application referred to in subsection (1), the Minister of the Environment must, with all due dispatch, examine the application and issue a statement in writing to the person confirming whether or not the condition in paragraph 24(d) is met in respect of the facility for the purposes of the fuel charge system.
Ceasing to be a person responsible
(3) If a statement referred to in subsection (2) confirming that the condition in paragraph 24(d) is met in respect of a facility has been issued to a person, the person must notify in writing the Minister of the Environment without delay when the person ceases to be a person responsible for the facility.
Change in respect of a facility
(4) If a statement has been issued to a person under subsection (2) confirming that the condition in paragraph 24(d) is met in respect of a facility, if no subsequent statement referred to in subsection (6) has been issued indicating that this condition is no longer met and if there is a change in respect of the facility that could materially affect either the boundary of any site of the facility or a new determination under subsection (2) in respect of the facility if such a determination were made, then the person must provide in writing, without delay, to the Minister of the Environment updated information in respect of that change and any other information in respect of the facility that that Minister considers relevant for the purposes of this Part.
Information request
(5) A person to which a statement was issued under subsection (2) confirming that the condition in paragraph 24(d) is met in respect of a facility and to which no subsequent statement referred to in subsection (6) has been issued indicating that this condition is no longer met must provide in writing to the Minister of the Environment, without delay, any information in respect of the facility that is relevant for the purposes of this Part, upon request by that Minister.
Conditions no longer met
(6) If a statement has been issued to a person under subsection (2) confirming that the condition in paragraph 24(d) is met in respect of a facility and the facility ceases to meet that condition, the Minister of the Environment must, with all due dispatch, issue to the person a statement in writing indicating that that condition is no longer met.
Covered facility of a person
26 For the purposes of paragraph 5(b) of the Act, a person meets prescribed conditions in respect of a covered facility if the facility is a prescribed facility under section 24 and a statement referred to in subsection 25(2) has been issued to the person in respect of the facility.
Emitter — registration permitted
27 For the purposes of paragraph 57(1)(b) of the Act, a facility is a prescribed facility and a person is a prescribed person in respect of the facility if the facility is a prescribed facility under section 24 and a statement referred to in subsection 25(2) has been issued to the person in respect of the facility.
4 Section 6 of the Regulations, as enacted by section 3, is amended by striking out "and" at the end of paragraph (c) and by adding the following after paragraph (d):
(e) Yukon; and
(f) Nunavut.
5 Subsection 1(1) and Part 9 of the Regulations, as enacted by section 3, are deemed to have come into force on January 1, 2019.
6 Subsection 1(2) and section 2 and Parts 3 to 8 of the Regulations, as enacted by section 3, are deemed to have come into force on April 1, 2019.
7 Section 4 comes into force, or is deemed to have come into force, on July 1, 2019.
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