Greenhouse Gas Pollution Pricing Act
Marginal note:Distributor — registration required
55 (1) A person is required to be registered, for the purposes of this Part, as a distributor in respect of
(a) both marketable natural gas and non-marketable natural gas, if
(i) the person produces marketable natural gas or non-marketable natural gas in a listed province,
(ii) the person imports marketable natural gas or non-marketable natural gas at a location in a listed province otherwise than in a supply tank of a vehicle,
(iii) the person brings marketable natural gas or non-marketable natural gas into a listed province from a place in Canada otherwise than in a supply tank of a vehicle,
(iv) the person delivers marketable natural gas or non-marketable natural gas to another person in a listed province,
(v) the person measures another person’s consumption or usage, in a listed province, of marketable natural gas and
(A) the measurement is done on a regular basis and for the purpose of billing the other person or providing the other person’s billing information to a third party, and
(B) the marketable natural gas is delivered by way of a distribution system,
(vi) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or
(vii) prescribed circumstances exist or prescribed conditions are met; and
(b) a type of fuel other than marketable natural gas or non-marketable natural gas, if
(i) the person produces fuel of that type in a listed province,
(ii) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or
(iii) prescribed circumstances exist or prescribed conditions are met.
Marginal note:Timing of application
(2) A person that is required under subsection (1) to be registered as a distributor in respect of a type of fuel must apply to the Minister for registration before
(a) unless paragraph (b) or (c) applies, the later of commencement day and
(i) if the type of fuel is marketable natural gas or non-marketable natural gas, the day that is the earliest of
(A) the day on which the person first produces marketable natural gas or non-marketable natural gas in a listed province,
(B) the day on which the person first imports marketable natural gas or non-marketable natural gas in a listed province otherwise than in a supply tank of a vehicle,
(C) the day on which the person first brings marketable natural gas or non-marketable natural gas into a listed province from a place in Canada otherwise than in a supply tank of a vehicle,
(D) the day on which the person first delivers marketable natural gas or non-marketable natural gas to another person in a listed province, and
(E) the day on which the person first measures another person’s consumption or usage of marketable natural gas in a listed province if
(I) the measurement is for the purpose of billing the other person or providing the other person’s billing information to a third party, and
(II) the marketable natural gas is delivered by way of a distribution system, and
(ii) if the fuel is not marketable natural gas and is not non-marketable natural gas, the day on which the person first produces fuel of that type in a listed province;
(b) if the person is a person prescribed under either subparagraph (1)(a)(vi) or (b)(ii), a person of a class prescribed under either of those subparagraphs or a person meeting conditions prescribed under either of those subparagraphs, the prescribed time; or
(c) if prescribed circumstances exist or prescribed conditions are met, the prescribed time.
Marginal note:Distributor — registration permitted
(3) A person that is not required under subsection (1) to be registered as a distributor in respect of a type of fuel (other than marketable natural gas or non-marketable natural gas) may apply to the Minister to be registered, for the purposes of this Part, as a distributor in respect of that type of fuel if
(a) 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
(i) to another person for the purpose of resale, in the ordinary course of business, by the other person,
(ii) to a registered distributor in respect of that type of fuel,
(iii) to a farmer at a farm if the fuel is qualifying farming fuel,
(iii.1) to a fisher if the fuel is qualifying fishing fuel,
(iv) to a registered specified air carrier in respect of that type of fuel if the fuel is qualifying aviation fuel,
(v) to a registered specified marine carrier in respect of that type of fuel if the fuel is qualifying marine fuel,
(vi) to a registered specified rail carrier in respect of that type of fuel if the fuel is qualifying rail fuel,
(vii) to a registered emitter at a covered facility of the registered emitter,
(viii) to a registered user in respect of that type of fuel, or
(ix) to another person if the fuel is, in accordance with the Ships’ Stores Regulations, designated as ships’ stores for use on board a conveyance of a class prescribed under those regulations;
(b) the person carries on the business of selling, delivering or distributing fuel of that type and, in the ordinary course of that business, removes fuel of that type from a listed province;
(c) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or
(d) prescribed circumstances exist or prescribed conditions are met.
Marginal note:Non-application
(4) This section does not apply
(a) to a person in respect of a type of fuel if the person is, or is required to be, registered as
(i) a specified air carrier or air carrier in respect of that type of fuel,
(ii) a specified marine carrier or marine carrier in respect of that type of fuel, or
(iii) a specified rail carrier or rail carrier in respect of that type of fuel;
(b) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or
(c) if prescribed circumstances exist or prescribed conditions are met.
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