Yesterday, Ontario's Greenhouse Gas Emissions Reporting Regulation took effect. The first reporting period begins January 1, 2010, and the new regulation requires between 200 and 300 facilities (such as electricity generators, steel manufacturers, petroleum refiners and general stationary combustion sources) emitting 25,000 tonnes or more per year of carbon dioxide equivalent (CO2e) to report 2010 emissions in the year 2011 and annually thereafter. Best alternative quantification methods may be used for 2010 emissions. Standardized quantification mandatory methods (with third party verification in accordance with ISO requirements) are required thereafter. The regulation is intended to obtain accurate emissions data to inform the development of Ontario's proposed cap-and-trade system.
Ontario's reporting threshold is more onerous than the current federal or Alberta requirements but aligns with the U.S. Environmental Protection Agency's mandatory GHG reporting threshold of 25,000 tonnes of CO2e. However, unlike the U.S. approach, Ontario does not currently regulate fuel suppliers.
To maximize carbon trading opportunities and minimize the risk of future border measures, Ontario has pledged to work with the federal government and other provinces to harmonize Canada's carbon regime with the emerging U.S. carbon regime. Canada's revised federal climate change plan is still expected to be released before the UN climate change conference starts in Copenhagen next week.
Authored by Alexandria Pike and Sarah Powell.
If you would like additional information, please contact Alexandria Pike (416.367.6989) or Sarah Powell (416.367.6931) in our Toronto office.
Davies Ward Phillips & Vineberg LLP, with over 240 lawyers, practises nationally and internationally from offices in Toronto, Montréal and New York and is consistently at the heart of the largest and most complex commercial and financial matters on behalf of its North American and overseas clients.
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