In the past two weeks, British Columbia and Ontario have each taken a further step towards implementation of their cap and trade systems.

On November 25, 2009, the British Columbia Government (by Order-in-Council No. 603) brought into force certain sections of the Greenhouse Gas Reduction (Cap and Trade) Act (the "Act") and the Reporting Regulation.

Of particular significance to every moderate emitter of greenhouse gases ("GHG") in British Columbia, the Reporting Regulation establishes the requirements for GHG emissions reporting and verification for facilities that emit greater than 10,000 metric tonnes of carbon dioxide equivalent ("CO2e") emissions during a reporting period.

Reporting facilities must submit an emissions report by March 31 of the year following each reporting period with each facility's emissions data broken down by activity (e.g. cement production, copper smelting), source type and GHG type. Pursuant to the Regulation, the reporting periods will be one calendar year with the first one commencing January 1, 2010.

Emissions must be calculated using the prescribed quantification methods, most of which will be included in the Methodology Manual to be published by the Ministry of Environment in the coming weeks. Emissions reports by facilities that emit greater than 25,000 tonnes of CO2e in a reporting period must be verified by an accredited third party verification entity. Verification statements will have to be submitted concurrent with emission reports, except for the 2010 and 2011 reporting years when the deadline will be September 1 of the following calendar year.

Similarly in Ontario, the Greenhouse Gas Emissions Reporting Regulation was filed on December 1, 2009 under the Environmental Protection Act. The Ontario Regulation will require emissions reporting by facilities that emit greater than 25,000 metric tonnes of CO2e beginning with the 2010 calendar year, with verification requirements to follow beginning with the 2011 reporting year. The emissions reports and verification reports will be due June 1 and September 1 of the following year, respectively. Mandatory quantification methods are contained in an accompanying technical guideline.

For More Information:

British Columbia Reporting Regulation:
http://www.env.gov.bc.ca/epd/codes/ggrcta/pdf/reporting-regulation.pdf

Ontario Greenhouse Gas Emissions Reporting Regulation:
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2009/010-7889.pdf

Ontario Guideline for GHG Emissions Reporting:
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2009/010-7889%202.pdf

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