BILL M201 – 2025 LOW CARBON FUELS AMENDMENT ACT, 2025
HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of British Columbia, enacts as
follows:
1 Section 13 of the Low Carbon Fuels Act, S.B.C. 2022, c. 21, is amended by adding the following subsections:
(6) If the fuel is eligible renewable fuel imported into
British Columbia, the compliance units to be issued under subsection
(2) must be reduced by an amount equivalent to the total value of all
financial incentives received by the person, or an affiliate of the
person, in relation to the fuel from a government, municipality or other
public body, or prescribed entity, in a jurisdiction outside of British
Columbia.
(7) Despite subsection (6), if the fuel is eligible
renewable fuel that is not available in British Columbia to meet demand,
the director may in the director's discretion issue compliance units
under subsection (2) in an unreduced amount.
(8) For the purposes of subsection (6) and sections 28 (6) and 30 (p), "financial incentives" means
(a) a production credit,
(b) a tax exemption, deduction, refund or credit, or
(c) a grant, subsidy or other form of assistance.
2 Section 28 (5) is repealed and the following substituted:
(5) Subject to subsection (6), a report under this section must
(a) be prepared in accordance with, and contain the information required by, the regulations of the minister, and
(b) if required by the regulations of the minister, be verified in accordance with those regulations.
(6) A report under this section must contain a listing
of the type and amount of all financial incentives received in respect
of the fuel if
(a) the fuel is eligible renewable fuel that has been imported into British Columbia, and
(b) the person, or an affiliate of the person, has
received financial incentives from a government, municipality or other
public body, or prescribed entity, in a jurisdiction outside of British
Columbia in respect of the fuel.
3 Section 30 (1) is amended by adding the following paragraph:
(p) the amount equivalent to the total value of all
financial incentives received by the person, or an affiliate of the
person, in relation to eligible renewable fuel from a government,
municipality or other public body, or prescribed entity, in a
jurisdiction outside of British Columbia by which the compliance units
to be issued under section 13 (2) are to be reduced.
Commencement
4 This Act comes into force on the date of Royal Assent.
Explanatory Notes
CLAUSE 1: [Low Carbon Fuels Act, section 13]
- requires the reduction of the amount of compliance units issued in
relation to eligible renewable fuel imported into British Columbia that
has been the subject of financial incentives in a jurisdiction outside
of British Columbia;
- authorizes the director to issue compliance units in an unreduced amount in certain circumstances;
- defines the term "financial incentives" for the purposes of subsection (6) and sections 28 (6) and 30 (p).
CLAUSE 2: [Low Carbon Fuels Act, section 28]
requires compliance reports to include information on the type and
amount of all financial incentives received in a jurisdiction outside of
British Columbia in respect of eligible renewable fuel that has been
imported into British Columbia.
CLAUSE 3: [Low Carbon Fuels Act, section 30]
requires the director to set out in a notice of assessment the amount
by which the compliance units to be issued under section 13 (2) are to
be reduced.
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