Proposal for the Output-Based Pricing System Regulations: chapter 3

Part 2 of the Act applies to persons responsible for covered facilities. In order to be a covered facility, a facility must be located in a province, a territory or an area that is listed in Part 2 of Schedule 1 to the Act. The facility must also meet the criteria that will be specified in the regulations, or be designated as covered facility by the Minister pursuant to section 172 of the Act.

Criteria respecting facilities

3. A facility that meets the following criteria is a covered facility:

1. a report was made, in accordance with a Notice with respect to reporting of greenhouse gases (GHGs) published under section 46 of the Canadian Environmental Protection Act, 1999, in respect of that facility indicating that that facility emitted a quantity of GHGs equal to 50 kt or more of CO₂e, as one or more facilities as defined in such a notice, during 2014 or any calendar year thereafter, and
2. the facility is used to carry out, as its primary activity:
   1. any of the covered industrial activities listed in column 2 of Schedule 1, in a province or area, other than Saskatchewan, set out in Part 2 of Schedule 1 of the Act, or
   2. the covered industrial activity specified in item 6 or 38 in column 2 of Schedule 1, in Saskatchewan.

Covered industrial activity

4. The covered industrial activity for a facility is any of the activities listed in column 2 of Schedule 1.

Person responsible

5. A person must be an owner or operator of a covered facility in order to be a person responsible for that facility.