第四章 美國加州與加拿大魁北克省地方政府碳交易市場連結
第二節 加拿大魁北克省法規簡介
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立 政 治 大 學
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加州政府為增進碳市場連結後的交易安全性，詳加規範登錄資訊的完整性，並同 時保障市場參與者的登錄資訊。其他修訂則為避免配額被竊盜的安全措施，並提 供拍賣的執行細節及儲存量銷售的操作276。
第二節 加拿大魁北克省法規簡介
2009 年 6 月，魁北克國會一致同意通過環境品質法（the Environment Quality Act）以及與氣候變遷相關法規，同年 11 月，魁北克政府通過行政法令，規定溫 室氣體減排目標應在 2020 年降至低於 1990 年標準之 20%277。2011 年魁北克政 府通過了排放管制物的報告規範（Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere），若企業與各行政機關排放 超過一萬噸二氧化碳，則會被要求應申報溫室氣體排放量，其數據可使魁北克政 府確認魁北克省的排放量，協助建立其總量管制與交易機制278。魁北克所謂的溫 室氣體係指列於環境品質法案第 46.1 條條列之管制氣體範圍，同時也列於總量 管制與交易制度監管規章中的第 3 條第 10 款，其包括二氧化碳（carbon dioxide, CO2）、甲烷（methane, CH4）、一氧化二氮（nitrous oxide, N2O）、氫氟碳化物
（hydrofluorocarbons, HFCs）、全氟化碳（perfluorocarbons, PFCs）及六氟化硫
（sulphur hexafluoride, SF6），再加上三氟化氮（nitrogen trifluoride, NF3）等含氟 溫室氣體，或是其他由政府或主管機關基於環境品質法案第 46.2 條（Environment Quality Act, Section 46.2）所界定之管制氣體279。
276 Air Resources Board amends cap and trade program, enhances market security, Air Resources Board, State of California, available at http://www.arb.ca.gov/newsrel/newsrelease.php?id=326 (last visited May 22, 2015).
277 DÉ VELOPPEMENT DURABLE, DE L’ENVIRONNEMENT ET DE LA LUTTECONTRE LES CHANGEMENTS CLIMATIQUES,QUEBEC,THE QUÉ BEC CAP-AND-TRADE SYSTEM AND THE WCI REGIONAL CARBON MARKET:AHISTORICAL OVERVIEW, available at
http://www.mddelcc.gouv.qc.ca/changements/carbone/documents-spede/historical-overview.pdf (last visited May 28, 2015).
278 Id.
279 Environment Quality Act Section 46.1: “The term “greenhouse gas” means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulphur
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（ Regulation respecting a cap-and-trade system for greenhouse gas emission allowances），其法源依據為環境品質法，於該規章設置魁北克總量管制與交易制 度之執行規則，同時也承諾溫室氣體在 2013 年到 2020 年間每年的排放配額上 限，此配額上限是為了要達成在 2020 年以前，可將溫室氣體排放量相較於於 1990 年標準降低至 20%之目標280。而負責總量管制交易機制運作實行及執行其相關 法規的權責單位為永續發展、環保與氣候變遷對抗部門 （The Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques，以下簡稱為魁北克永續發展部門），該部門負責批准登錄申請、溫室
hexafluoride (SF6) or any other gas determined by regulation of the Government or, for the purposes of section 46.2, by regulation of the Minister.” & Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Section 3(10): “greenhouse gas” or “GHG” means one or more of the gases listed in the second paragraph of section 46.1 of the Environment Quality Act, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoruride (SF6), as well as nitrogen trifluoride (NF3);”.
280 Supra note 277.
281 DÉ VELOPPEMENT DURABLE, DE L’ENVIRONNEMENT ET DE LA LUTTE CONTRE LES CHANGEMENTS CLIMATIQUES,QUÉ BEC, THE QUÉ BEC CAP-AND-TRADE SYSTEM:STRENGTHS& ADVANTAGES, available at http://www.mddelcc.gouv.qc.ca/changements/carbone/documents-spede/historical-overview.pdf (last visited May 28, 2015).
282 INTERNATIONAL CARBON ACTION PARTNERSHIP,ETSDETAILED INFORMATION,CANADA -QUÉ BEC CAP-AND-TRADE SYSTEM, available at
https://icapcarbonaction.com/index.php?option=com_etsmap&task=export&format=pdf&layout=list&s ystems%5B%5D=73 (last visited July 16, 2015).
283 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Section 3(12): “compliance periods” means any period for which an emitter is required to cover its greenhouse gas emissions, the first period starting on 1 January 2013 and ending on 31 December 2014, and the following periods are of 3 calendar years as of 1 January 2015;”.
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意指溫室氣體的減排配額單位（a greenhouse gas emission unit）、溢額抵銷（offset credit）、早期減排配額（early reduction credit）288，或是任何被合作夥伴（a partner
284 INTERNATIONAL CARBON ACTION PARTNERSHIP,ETSDETAILED INFORMATION,CANADA -QUÉ BEC CAP-AND-TRADE SYSTEM, supra note 282.
285 DÉ VELOPPEMENT DURABLE, DE L’ENVIRONNEMENT ET DE LA LUTTECONTRE LES CHANGEMENTS CLIMATIQUES,QUEBEC,A BRIEF LOOK AT THE QUEBECCAP AND TRADE SYSTEM FOR EMISSION ALLOWANCES, available at http://www.mddelcc.gouv.qc.ca/changements/carbone/documents-spede/historical-overview.pdf (last visited May 28, 2015).
286 Id.
287 Environment Quality Act, Section 46.6: “Emission allowances include emission units, offset credits, early reduction credits and any other emission allowance determined by regulation of the Government, each being equal to one metric ton of greenhouse gas expressed in CO2 equivalents.”
288 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Section 65:
“Reductions in GHG emissions made during the eligibility period starting on 1 January 2008 and ending on 31 December 2011 are eligible for early reduction credits. The period during which the reductions are recorded, hereafter referred to as the reduction period, must correspond to the 4 full calendar years of the eligibility period or must have started on 1 January 2009, 2010 or 2011 and ended without interruption on 31 December 2011. The reference period used to determine reductions in GHG emissions runs from 1 January 2005 to 31 December 2007, inclusively.” , and Section 66: “Every emitter referred to in the first paragraph of section 2 that is required to cover its GHG emissions starting with the compliance period starting on 1 January 2013 is eligible for early reduction credits if the reductions
(1) result directly from an action or decision of the emitter and began during the eligibility period determined in the first paragraph of section 65;
(2) are made in one of the emitter's covered establishments;
(3) reduce the GHG emissions that the emitter is required to cover pursuant to section 19;
(4) belong to and can be demonstrated by the emitter;
(5) are calculated using the same calculation method and the same factors for each of the years 2005 to 2011;
(6) represent at least 1 metric tonne CO2 equivalent;
(7) do not result from a decrease in production or the closure of an establishment, or from an increase in GHG emissions at another establishment located in Québec or elsewhere;
(8) are voluntary, meaning that they were not made in response to a legislative or regulatory provision, a permit or another type of authorization;
(9) are permanent and irreversible;
(10) are additional, meaning that they meet the following conditions:
(a) the average annual GHG emissions of the establishment during the reduction period are below those of the reference period;
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(b) the average intensity compared to at least 1 reference unit referred to in Table B of Part I of Appendix C during the reduction period, calculated using equation 66-1 below, is below the average intensity for the reference period, calculated using equation 66-2:
Equation 66-1 Equation 66-2 Where:
I Reduction j = Average intensity of GHG emissions for reference unit j during the reduction period;
I Reference j = Average intensity of GHG emissions for reference unit j during the reference period;
j = Reference unit for the establishment referred to in Table B of Part I of Appendix C;
GHGij = GHG emissions of the establishment, relating to the production or use of reference unit j for year i, in metric tonnes CO2 equivalent;
i = Year;
n = First year of the reduction period;
Pij = Annual quantity of reference units j produced or used by the establishment for year i;
(11) are verifiable; and
(12) have not been credited or financed, in whole or in part, under another cap-and-trade system for GHG emission allowances or a reduction program for GHG emissions.
However, reductions in GHG emissions resulting from on-site transportation activities and the sequestration of GHG emissions are not eligible for early reduction credits.”
289 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Section 3(5): “emission allowance” means any emission allowance referred to in the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2), namely a greenhouse gas emission unit, offset credit or early reduction credit, and any emission allowance issued by a partner entity, each allowance having a value corresponding to one metric ton of greenhouse gas CO2 equivalent;”.
290 Environment Quality Act, Section 46.7: “In light of the targets set under section 46.4, the Government, by order, sets a cap on the emission units that may be granted by the Minister for each period referred to in the first paragraph of section 46.6.
The Government may break the cap down into specific caps for the sectors of activity or classes of businesses, facilities or establishments it determines.”
291 Environment Quality Act, Section 46.8: “Subject to the conditions determined by regulation of the Government, the Minister may grant
(1) the available emission units, either by allocating them without charge to emitters required to cover their greenhouse gas emissions, or by selling them at auction or by agreement to persons or
municipalities determined by regulation of the Government;
(2) offset credits to emitters who have reduced their greenhouse gas emissions or to persons or municipalities who avoid causing emissions or who capture, store or eliminate greenhouse gases in the course of activities and during a period determined by regulation of the Government;
(3) early reduction credits to emitters who are required to cover their greenhouse gas emissions and have voluntarily, during a period determined by regulation of the Government, reduced their emissions before the date on which they were legally required to cover them; and
(4) any other type of emission allowance determined by regulation of the Government.
After each allocation of emission units without charge, the Minister publishes in the Gazette officielle du Québec a list of the emitters that have received an allocation and the total number of emission units allocated without charge to all emitters.”
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292 Environment Quality Act, Section 46.9: “Emission allowances may be traded between the persons or municipalities determined by regulation of the Government subject to the conditions determined by regulation of the Government.”
293 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Section 38:
“Based on the cap on emission units set by order in accordance with section 46.7 of the Environment Quality Act (chapter Q-2), the Minister places in the Minister's reserve account a quantity of emission units that may be used in adjusting the allocation made without charge in accordance with Division II or may be sold by mutual agreement in accordance with Division IV of this Chapter.
The quantity of emission units represents
(1) 1% of the emission units available under the cap set for the years 2013 and 2014;
(2) 4% of the emission units available under the cap set for the years 2015 to 2017;
(3) 7% of the emission units available under the cap set for the years 2018 to 2020; and (4) 4% of the emission units available under the cap set for the years 2021 and following.
The Minister places the unreserved emission units in the Minister's allocation account. The units may be allocated without charge in accordance with Division II of this Chapter.
The emission units in excess of the total estimated quantities that may be allocated without charge for a given year are placed in the Minister's auction account to be sold in accordance with Division III of this Chapter.”
294 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Section 39:
“An emitter operating a covered establishment and pursuing an activity referred to in Table A of Part I of Appendix C is eligible for the allocation of emission units without charge.”
295 INTERNATIONAL CARBON ACTION PARTNERSHIP,ETSDETAILED INFORMATION,CANADA -QUÉ BEC CAP-AND-TRADE SYSTEM, supra note 282.
296 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Section 45:
“The Minister auctions emission units in a specific place or online, at most 4 times per year.”
297 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Chapter IV, 70.2: “GHG emission reduction projects referred to in a protocol appearing in Appendix D, that began on or after 1 January 2007, are eligible for the issue of offset credits.
Subject to any specific period provided for in a protocol, an offset credit project may be conducted
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during a continuous period of not more than 10 years.
At the expiry of that period, the promoter may, in accordance with this Chapter, request the renewal of the offset credit project, for the period applicable to this type of project, when the project still meets the conditions of section 70.3.
For the purposes of this Chapter, an offset credit project is considered to begin on the date of the first reductions in GHG emissions resulting from the project.”
298 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Appendix D.
299 INTERNATIONAL CARBON ACTION PARTNERSHIP,ETSDETAILED INFORMATION,CANADA -QUÉ BEC CAP-AND-TRADE SYSTEM, supra note 282.
300 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Chapter III, Section 20: “To be valid for the purpose of covering GHG emissions, the emission allowances used to cover GHG emissions must meet the requirements of section 37 and must not have been issued for a year after the compliance period, except for offset credits, which may be used if they were issued in the first year following the year of expiry of the compliance period.
In addition, the total quantity of offset credits that the emitter may use to cover the GHG emissions of its covered establishment cannot exceed 8% of the GHG emissions to be covered for the compliance period.”
301 PACIFIC CARBON TRUST,SUMMARY NOTE ON THE AMENDED QUÉ BEC CAP-AND TRADE REGULATION, available at http://www.pacificcarbontrust.com/assets/Uploads/Carbon-Industry-Intel/Summary-Notes-on-updated-Quebec-Cap-and-Trade-RegulationAug-9.pdf (last visited July 16, 2015).
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302 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Division IV, Section 56: “Only emitters registered in the system in accordance with this Regulation, having a covered establishment in Québec and not holding emission units in their general account that can be used to cover GHG emissions for the current compliance period are eligible for a sale of emission units by mutual agreement in accordance with this Division.”
303 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Division IV, first paragraph of Section 57: “The Minister organizes a sale of emission units by mutual agreement in a determined place or online, at most 4 times per year.”
304 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Division IV, Section 58: “The emission units placed in the reserve account are divided equally into 3 categories and are sold at the following prices:
(1) for reserve emission units in Category A, $40 per emission unit;
(2) for reserve emission units in Category B, $45 per emission unit;
(3) for reserve emission units in Category C, $50 per emission unit.
Beginning in 2014, the prices indicated in the first paragraph are increased annually by 5% and adjusted in the manner provided for in section 83.3 of the Financial Administration Act (chapter A-6.001).”
305 Id.
306 Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, Division IV, Section 59: “Every emitter that wishes to purchase emission units at a sale by mutual agreement must, at least 30 days before the sale, register with the Minister as a purchaser by submitting the following information and documents:
(1) the emitter's name, contact information and compliance account number;
(2) the names of the emitter's account representatives;
(3) a financial guarantee in Canadian dollars, valid for a period of at least 26 days following the date of the sale, in one of the forms referred to in the second paragraph of section 48.”