Output-Based Pricing System Regulations

Marginal note:Definition of facility

• 1 (1) Subject to subsection (6), for the purposes of the Act and these Regulations, facility means

  • (a) all of the following elements that are operated in an integrated way to carry out a specified industrial activity:

    • (i) a site, or multiple sites, at which the specified industrial activity is carried out and the buildings, equipment and other structures and stationary items located on the site or sites, and

    • (ii) any other sites used in conjunction with the specified industrial activity, including a quarry, tailings pond, wastewater lagoon or pond and landfill; or

  • (b) the portion of a natural gas transmission pipeline system within a province, used to transmit processed natural gas, of which the pipelines and associated installations or equipment — including compressor stations, storage installations and compressors — are operated in an integrated way, but excludes pipelines, installations or equipment that are used in the local distribution of natural gas and that are downstream of a metering station.

• Marginal note:More than one person responsible — paragraph 1(a)

  (2) If more than one person is responsible for the elements referred to in subparagraph (1)(a)(i) or (ii) as an owner or otherwise, including having the charge, management or control of, or as the true decision maker with respect to their operations, those elements are only included in the definition of facility if there is at least one person who is responsible for, owns, has the charge management or control of, or is the true decision maker in common.

• Marginal note:More than one person responsible — paragraph 1(b)

  (3) If more than one person is responsible for the pipelines and associated installations or equipment referred to in paragraph (1)(b) as an owner or otherwise, including having the charge, management or control of, or as the true decision maker with respect to the pipelines and associated installations or equipment, those pipelines and associated installations or equipment are only included in the definition of facility if there is at least one person who is responsible for, owns, has the charge management or control of, or is the true decision maker in common.

• Marginal note:Single facility

  (4) If two or more facilities referred to in paragraph (b) of the definition facility in subsection (1) within the same province have the same person responsible, or, if they have more than one person responsible, they have at least one person responsible in common, and are operated in an integrated way, they are deemed to be a single facility.

• Marginal note:Interpretation

  (5) Subject to subsection (6), with respect to a facility

  • (a) any part of a public road or of a railway track that is bordered on both sides by the facility and used to carry out the facility’s specified industrial activities is deemed to be part of the facility;

  • (b) for greater certainty, any part of a railway track that is used exclusively to carry out the facility’s specified industrial activities is part of the facility;

  • (c) for greater certainty, buildings that are used for legal, administrative or management purposes and that are not located where a specified industrial activity is carried out are not included for the purposes of the definition facility in subsection (1); and

  • (d) if two or more facilities referred to in paragraph (b) of the definition facility in subsection (1), within the same province, have the same person responsible or a person responsible in common and are not operated in an integrated way, they each constitute a separate facility.

• Marginal note:Special case

  (6) In the case of a facility that is not a covered facility, the specified industrial activities referred to in subsections (1) and (5) are those that would be specified industrial activities if the facility was a covered facility.