C-5714264-65-66Elizabeth II2015-2016-2017An Act to amend the Federal Sustainable Development ActAn Act to amend the Federal Sustainable Development ActAn Act to amend the Federal Sustainable Development Act201712
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Reprinted as amended by the Standing Committee on Environment and Sustainable Development as a working copy for the use of the House of Commons at Report Stage and as reported to the House on December 13, 2017MINISTER OF ENVIRONMENT AND CLIMATE CHANGE90849RECOMMENDATIONHis Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Federal Sustainable Development Act”.SUMMARYThis enactment amends the Federal Sustainable Development Act to make decision making related to sustainable development more transparent and subject to accountability to Parliament.Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:2008, c. 33Federal Sustainable Development ActThe definitions precautionary principle and target in section 2 of the Federal Sustainable Development Act are repealed.The definition Minister in section 2 of the Act is replaced by the following:Minister means the Minister of the Environment, unless the context otherwise requires. (ministre)Section 2 of the Act is amended by adding the following in alphabetical order:appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent)designated entity means an entity named in the schedule. (entité désignée)entity meansany body named in any of Schedules I to II to the Financial Administration Act; orany Crown corporation as defined in section 2 of the Financial Administration Act. (entité)Section 3 of the Act is replaced by the following:PurposeThe purpose of this Act is to provide the legal framework for developing and implementing a Federal Sustainable Development Strategy that makes decision making related to sustainable development more transparent and subject to accountability to Parliament, promotes coordinated action across the Government of Canada to advance sustainable development and respects Canada’s domestic and international obligations relating to sustainable development, with a view to improving the quality of life of Canadians.Section 5 of the Act is replaced by the following:PrinciplesThe following principles shall be considered in the development of sustainable development strategies:the principle that sustainable development is based on an efficient use of natural, social and economic resources and the need for the Government of Canada to integrate environmental, economic and social factors in the making of all of its decisions;the principle that sustainable developmentis a continually evolving concept,may be achieved by, among other things, the protection of ecosystems, prevention of pollution, protection of human health, promotion of equity, conservation of cultural heritage, respect for domestic and international obligations relating to sustainable development and recognition of the present generation’s responsibility to provide future generations with a healthy and ecologically sound environment, andmay be advanced by, among other things, taking into account the precautionary principle, the “polluter pays” principle, the principle of internalization of costs and the principle of continuous improvement;the principle of intergenerational equity, which is the principle that it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs;[Deleted][Deleted][Deleted]the principle of openness and transparency, which is the principle that the release of information should be encouraged to support accountability and public engagement;the principle that it is important to involve Aboriginal peoples because of their traditional knowledge and their unique understanding of, and connection to, Canada’s lands and waters;the principle of collaboration, which is the principle that it is important for stakeholders to collaborate in the pursuit of common objectives; andthe principle that a results and delivery approach — that allows for developing objectives, developing strategies for meeting those objectives, using indicators for reporting on progress towards meeting those objectives and establishing accountability — is key to meeting measurable targets.2010, c. 16, s. 1Subsection 7(2) of the Act is replaced by the following:ReportThe Office shall, at least once every three years after this Act comes into force or, as of November 10, 2017, at least once within every three-year period beginning on that date, provide the Minister with a report on the progress of the Government of Canada in implementing the Federal Sustainable Development Strategy.Contribution of designated entitiesEvery designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the report.Tabling in each House of ParliamentThe Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.Deemed referral to appropriate committeeA report that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development.The portion of subsection 8(1) of the Act before paragraph (b) is replaced by the following:Sustainable Development Advisory CouncilThe Minister shall appoint a Sustainable Development Advisory Council composed of one representative from each province and territory, six representatives of Aboriginal peoples, and three representatives from each of the following:Section 8 of the Act is amended by adding the following after subsection (1):Demographic representationThe Minister shall, when appointing representatives to the Sustainable Development Advisory Council, seek to reflect the diversity of Canadian society by taking into account demographic considerations such as age and gender.Subsection 8(3) of the Act is replaced by the following:MandateThe mandate of the Sustainable Development Advisory Council is to advise the Minister on any matter related to sustainable development that is referred to it by the Minister.ExpensesThe representatives appointed to the Sustainable Development Advisory Council may be paid reasonable expenses incurred by them in connection with the business of the Council, subject to applicable Treasury Board directives.Subsections 9(1) and (2) of the Act are replaced by the following:PreparationThe Minister shall develop, in accordance with this section, a Federal Sustainable Development Strategy within two years after this Act comes into force and at least once within every three-year period after that or, as of November 10, 2017, at least once within every three-year period beginning on that date.Contribution of designated entitiesEvery designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the Federal Sustainable Development Strategy.ContentThe Federal Sustainable Development Strategy shall set out federal sustainable development goals and targets and an implementation strategy for meeting each target and identify the minister responsible for meeting each target. Each target shall be measurable and shall include a time frame.Subsection 9(4) of the Act is replaced by the following:Consultation: first draftThe Minister shall at the same time submit the draft of the Federal Sustainable Development Strategy to the Commissioner for review and comment, including as to whether each target is measurable and includes a time frame, for which the Minister shall allow a period of not less than 120 days.2010, c. 16, s. 3Subsections 10(2) and (3) of the Act are replaced by the following:Tabling in each House of ParliamentThe Minister shall cause the official Federal Sustainable Development Strategy to be tabled in each House of Parliament within the period referred to in subsection 9(1) or on any of the first 15 days on which that House is sitting after that period.Deemed referred to committeeThe Federal Sustainable Development Strategy that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development.2010, c. 16, s. 4Sections 11 and 12 of the Act are replaced by the following:Power of Treasury BoardThe Treasury Board may establish policies or issue directives applicable to one or more of the designated entities in relation to the sustainable development impact of their operations.Sustainable Development Strategies of Designated EntitiesDesignated entitiesWithin one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), every designated entity other than a designated entity referred to in section 12 shallprepare a sustainable development strategy thatcontains objectives and plans for the designated entity,complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals,takes into account the designated entity’s mandate, takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.1, andtakes into account comments made under subsections 9(3) or (4); andprovide the sustainable development strategy to the appropriate Minister with respect to the designated entity.Tabling in each House of ParliamentThe appropriate Minister shall cause the sustainable development strategy to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it.ReportThe designated entity shall, at least once in each of the two years following the tabling of its sustainable development strategy in a House of Parliament under subsection (2), provide the appropriate Minister with a report on its progress in implementing the sustainable development strategy. The appropriate Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it.Designated entities over which minister presidesIn the case of a designated entity over which a minister presides, the minister who presides over the designated entity shallwithin one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), prepare a sustainable development strategy with respect to the designated entity thatcontains objectives and plans for the designated entity,complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals,takes into account the designated entity’s mandate, takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.1, andtakes into account comments made under subsections 9(3) or (4); andcause the designated entity’s sustainable development strategy to be tabled in each House of Parliament within the year referred to in paragraph (a) or on any of the first 15 days on which that House is sitting after that year.ReportThe minister presiding over the designated entity shall, at least once in each of the two years following the tabling of the designated entity’s sustainable development strategy in a House of Parliament under paragraph (1)(b), prepare a report on the progress of the designated entity in implementing its sustainable development strategy. That minister shall cause the report to be tabled in each House of Parliament within the year in which the report shall be prepared or on any of the first 15 days on which that House is sitting after that year.Deemed referral to committeeA sustainable development strategy or report that is tabled in a House of Parliament under section 11 or 12 is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development.RegulationsThe Governor in Council may, on the recommendation of the Minister, make regulations prescribing the form in which a sustainable development strategy is to be prepared and the information that is required to be contained in it.Amendments to scheduleThe Governor in Council may, by order, amend the scheduleto add or amend an item, in order to subject an entity to the application of this Act; orto remove or amend an item, in order to exclude an entity from the application of this Act, on the recommendation of the entity’s appropriate Minister.The Act is amended by adding the following after section 13:Permanent Review of ActPermanent review of Act by parliamentary committeeThe administration of this Act shall, every five years after the day on which this section comes into force, stand referred to any committee of the Senate or the House of Commons that normally considers matters relating to sustainable development, or of both Houses of Parliament, that may be designated or established for that purpose.Review and report to ParliamentThe committee designated or established for the purpose of subsection (1) shall, as soon as feasible, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within any further time that the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report to Parliament, including a statement of any changes to this Act or its administration that the committee would recommend.2013, c. 33, s. 194The schedule to the Act is replaced by the schedule set out in the schedule to this Act.Transitional ProvisionsSubsection 7(3) of Federal Sustainable Development ActFor the first report referred to in subsection 7(2) of the Federal Sustainable Development Act prepared after the day on which this Act comes into force, subsection 7(3) of the Federal Sustainable Development Act applies only in respect of designated entities, as defined in section 2 of that Act, that were subject to that Act before that day.Sections 11 and 12 of Federal Sustainable Development ActIn respect of designated entities, as defined in section 2 the Federal Sustainable Development Act, that become subject to that Act on the day on which this Act comes into force, sections 11 and 12 of the Federal Sustainable Development Act, as enacted by section 8 of this Act, apply only in respect of any Federal Sustainable Development Strategy tabled in a House of Parliament on or after that day.Coming into ForceOrder in councilThis Act comes into force on a day to be fixed by order of the Governor in Council.(Section 10)(Sections 2 and 12.3) Any department named in Schedule I to the Financial Administration Act Any division or branch of the federal public administration set out in column I of Schedule I.1 to the Financial Administration Act Any corporation named in Schedule II to the Financial Administration Act