Proposal for the Output-Based Pricing System Regulations: chapter 19

Section 187 of the Act provides that a person responsible for a covered facility that opens and maintains accounts in the tracking system must retain all records that are necessary to determine whether the regulated person has complied with their obligations under the OBPS. The Act specifies that the record retention period is seven years, unless the regulations specify another period. The regulations will set out rules respecting the making and keeping of records.

Making of records of information

32. (1) A person responsible for a covered facility must, for each compliance period, keep a record of the following information related to the covered facility and each unit within it, if applicable:

1. total GHG emissions by specified emission type and greenhouse gas, if applicable;
2. all methods and data used in the quantification of emissions, including data used to estimate missing data of emissions, for each specified emission type and greenhouse gas, as the case may be;
3. all data obtained from the sampling, measuring and analyzing for each specified emission type and greenhouse gas, if applicable;
4. where an alternative method was used for the quantification, sampling, measuring and analyzing of a specified emission type, a detailed description of that method;
5. a log relating to each compliance period, documenting all procedural changes made in data collection and calculations and changes to instruments used for the estimating and quantifying of greenhouse gases or production;
6. the quantity of production, and all methods and data used to quantify production;
7. the quantity of carbon dioxide (CO₂), methane (CH₄) and nitrous oxide (N₂O) emissions not included in the total quantity of emissions under section 15 of the Greenhouse Gas Emissions Information Production Order;
8. the quantity of carbon dioxide that was captured at the covered facility, transported, and injected at long-term geological sites, and the quantity that was permanently stored in those sites and operations, expressed in tonnes of CO₂e, and the data used to quantify that carbon dioxide;
9. if the person responsible for the covered facility produces and sells thermal energy to other covered facilities or buys thermal energy from other covered facilities,
   1. the sales invoices for the thermal energy bought or sold,
   2. the name of the covered facility from which thermal energy is bought or to which it is sold, including the Covered Facility Certificate Number that was issued to the covered facility;
10. if the person responsible for the covered facility produces and sells thermal energy to other covered facilities or buys thermal energy from other covered facilities, all methods and data used to quantify the quantity of thermal energy purchased and sold and the ratio of heat from the combustion of fossil fuel;
11. in the case of facility that undertook the activity listed in item 33 of Schedule 1, the combined floor area of all buildings in the facility as of December 31st of the calendar year, measured between the exterior walls of each of the buildings, expressed in square metres, and all methods and data used to calculate the combined floor area;
12. in the case of a facility that undertook the sub-activity listed in sub-item 38.1 of Schedule 1, the type and quantity of fuel combusted in 2018;
13. where applicable, the OBS calculated under section 17 and all methods and data used to quantify the OBS; and
14. the amounts and dates of payments for excess emissions made to the Receiver General of Canada and proof of payment received from the Canada Revenue Agency.

Length of time retaining records

(2) Every person responsible for a covered facility that makes a record or submits information to the Minister under these regulations must retain that record or a copy of that information and any supporting documents, including any calculations, measurements and other data on which the information is based, for a period of at least seven years beginning on the day on which a record was made or the day on which the information was made or submitted.

Location of records

(3) The records, copies of information submitted to the Minister, and supporting documents must be retained at a person responsible for the facility’s principal place of business in Canada or, on notification to the Minister, at any other place in Canada where they can be inspected.

Relocation of records

(4) If the records, copies of information submitted to the Minister or supporting documents are moved, a person responsible for the facility must notify the Minister, in writing, of the civic address of the new location within 30 days after the day of the move.

Electronic submission

33. (1) Any information that is required to be provided to the Minister under these regulations with respect to a covered facility must be submitted electronically in the form and format specified by the Minister and must bear the electronic signature of a person responsible for the facility or of their authorized official.

Provision on paper

(2) If the Minister has not specified an electronic form and format or if it is not feasible to submit the information in accordance with subsection (1) because of circumstances beyond the control of the person that is responsible for the facility, the information must be submitted on paper, signed by the person that is responsible for the facility or their authorized official, in the form and format specified by the Minister. However, if no form and format has been so specified, it may be in any form and format.