Greenhouse Gas Pollution Pricing Act

Marginal note:Air carrier — registration required

• 60 (1) A person (other than a registered emitter) that is an interjurisdictional air carrier in respect of a type of fuel that is a qualifying aviation fuel is required to be registered at a particular time for the purposes of this Part

  • (a) unless paragraph (b) applies, as an air carrier in respect of that type of fuel if it can reasonably be expected that, during the calendar year that includes the particular time, all or substantially all of the fuel of that type used by the person will be used in vehicles and the greatest proportion of the fuel used in vehicles will be used in aircraft; or

  • (b) as either a specified air carrier or an air carrier in respect of that type of fuel if

    • (i) during the calendar year that includes the particular time, all or substantially all of the fuel of that type used by the person is used in vehicles and the greatest proportion of the fuel used in vehicles is used in aircraft, and

    • (ii) the person is a qualifying interjurisdictional air carrier in respect of that type of fuel throughout the calendar year that includes the particular time.

• Marginal note:Qualifying interjurisdictional air carrier — previous year journeys

  (2) For the purposes of subparagraph (1)(b)(ii), an interjurisdictional air carrier in respect of a type of fuel that is a qualifying aviation fuel is a qualifying interjurisdictional air carrier in respect of fuel of that type throughout a particular calendar year if the interjurisdictional air carrier completed journeys by aircraft in the calendar year that preceded the particular calendar year and the amount determined by the following formula is greater than, or equal to, 0.5:

  A/B

  where

  A

  is the total of all quantities, each of which is a quantity of fuel of that type that was used by the interjurisdictional air carrier in an excluded air journey during the preceding calendar year; and

  B

  is the total of all quantities, each of which is a quantity of fuel of that type that was used by the interjurisdictional air carrier in a covered air journey or an excluded air journey during the preceding calendar year.

• Marginal note:Qualifying interjurisdictional air carrier — no previous year journeys

  (3) For the purposes of subparagraph (1)(b)(ii), a person that is, or that can reasonably be expected to be, an interjurisdictional air carrier in respect of a type of fuel that is a qualifying aviation fuel is a qualifying interjurisdictional air carrier in respect of fuel of that type throughout a particular calendar year if the person did not complete journeys by aircraft in the calendar year that preceded the particular calendar year and the amount determined by the following formula is greater than, or equal to, 0.5:

  A/B

  where

  A

  is the total of all quantities, each of which is a quantity of fuel of that type that can reasonably be expected to be used by the person in an excluded air journey during the particular calendar year; and

  B

  is the total of all quantities, each of which is a quantity of fuel of that type that can reasonably be expected to be used by the person in a covered air journey or an excluded air journey during the particular calendar year.

• Marginal note:Air carrier — registration required

  (4) A person is required to be registered for the purposes of this Part

  • (a) as a specified air carrier in respect of a type of fuel if

    • (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or

    • (ii) prescribed circumstances exist or prescribed conditions are met; or

  • (b) as an air carrier in respect of a type of fuel if

    • (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or

    • (ii) prescribed circumstances exist or prescribed conditions are met.

• Marginal note:Air carrier — registration permitted

  (5) A person may apply to the Minister to be registered for the purposes of this Part

  • (a) as a specified air carrier in respect of a type of fuel if

    • (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or

    • (ii) prescribed circumstances exist or prescribed conditions are met; or

  • (b) as an air carrier in respect of a type of fuel if

    • (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or

    • (ii) prescribed circumstances exist or prescribed conditions are met.

• Marginal note:Timing of application

  (6) A person that is required under this section to be registered as a specified air carrier or air carrier in respect of a type of fuel must apply to the Minister for registration

  • (a) unless paragraph (b) applies, before the later of commencement day and the day that the person first meets the conditions under subsection (1); or

  • (b) if prescribed circumstances exist or prescribed conditions are met, before the prescribed time.

• Marginal note:Non-application

  (7) This section does not apply

  • (a) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or

  • (b) if prescribed circumstances exist or prescribed conditions are met.