Bill C-311

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-311

An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change

Recognizing that

climate change poses a serious threat to the economic well-being, public health, natural resources and environment of Canada;

the impacts of climate change are already unfolding in Canada, particularly in the Arctic;

scientific research on the impacts of climate change has led to broad agreement that an increase in the global average surface temperature of two degrees Celsius or more above the level prevailing at the start of the industrial period would constitute dangerous climate change;

scientific research has also identified the atmospheric concentration levels at which greenhouse gases must be stabilized in order to stay within two degrees of global warming and thereby prevent dangerous climate change; and

this legislation is intended to ensure that Canada reduces greenhouse gas emissions to an extent similar to that required by all industri- alized countries in order to prevent dangerous climate change, in accordance with the scientific evidence on the impacts of increased levels of global average surface temperature and the corresponding levels of atmospheric concentrations of greenhouse gases;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Climate Change Accountability Act.

INTERPRETATION

2. The definitions in this section apply in this Act.

“Canadian greenhouse gas emissions” means the total of annual emissions, excluding emissions from land use, land-use change and forestry, quantified in the national inventory.

“Commissioner” means the Commissioner of the Environment and Sustainable Development appointed under subsection 15.1(1) of the Auditor General Act.

“greenhouse gases” means the following substances, as they appear on the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999:

(a) carbon dioxide, which has the molecular formula CO₂;

(b) methane, which has the molecular formula CH₄;

(c) nitrous oxide, which has the molecular formula N₂O;

(d) hydridofluoridocarbon that have the molec­ular formula C_nH_xF_(2n+2-x) in which 0<n<6;

(e) the following perfluorinated hydrocarbon:

(i) those that have the molecular formula C_nF_2n+2 in which 0<n<7, and

(ii) octafluorocyclobutane, which has the molecular formula C₄F₈; and

(f) sulphur hexafluoride, which has the molecular formula SF₆.

“Minister” means the Minister of the Environment.

“national inventory” means Canada’s national inventory report, communicated in accordance with Article 12, paragraph (1)(a), of the United Nations Framework Convention on Climate Change.

“target plan” means the interim Canadian greenhouse gas emissions target plan referred to in subsection 6(1).

“1990 level” means the level of emissions, excluding emissions and removals from land use, land-use change and forestry, quantified for the year 1990 in the most recent national inventory that quantifies emissions for the year 1990.

PURPOSE

3. The purpose of this Act is to ensure that Canada contributes fully to the stabilization of greenhouse gas concentrations in the atmos­phere at a level that would prevent dangerous anthropogenic interference with the climate system.

HER MAJESTY

4. This Act is binding on Her Majesty in Right of Canada.

COMMITMENT

5. The Government of Canada shall ensure that Canadian greenhouse gas emissions are reduced, subject to the ultimate objectives of the United Nations Framework Convention on Climate Change,

(a) as a long-term target, to a level that is 80% below the 1990 level by the year 2050; and

(b) as a medium-term target, valid prior to the target plan referred to in subsection 6(1), to a level that is 25% below the 1990 level by the year 2020.

INTERIM CANADIAN GREENHOUSE GAS EMISSIONS TARGET PLAN

6. (1) The Minister shall, within six months after this Act receives royal assent, prepare and lay before both Houses of Parliament an interim Canadian greenhouse gas emissions target plan for the years 2015, 2020, 2025, 2030, 2035, 2040 and 2045. The target plan shall

(a) establish a Canadian greenhouse gas emissions target for each of those years;

(b) specify the scientific, economic and technological evidence and analysis used to establish each target, including consideration of the latest reports from the Intergovernmental Panel on Climate Change and the most stringent greenhouse gas emissions targets adopted by other national governments; and

(c) show that each target is consistent with a responsible contribution by Canada to the UNFCCC’s ultimate objective of preventing dangerous anthropogenic interference with the climate system and with Parliament’s strong commitment to the Kyoto Protocol.

(2) The Minister shall review the target plan at least once every five years commencing with the year 2015, and any revised target plan shall be subject to all the requirements of subsection (1).

REGULATIONS

7. (1) The Governor in Council may make regulations under this or any other Act within the limits of federal constitutional authority

(a) limiting the amount of greenhouse gases that may be released into the environment;

(b) limiting the amount of greenhouse gases that may be released in each province by applying to each province the commitment made under section 5 and the interim Canadian greenhouse gas emission targets referred to in section 6;

(c) establishing performance standards designed to limit greenhouse gas emissions;

(d) respecting the use or production of any equipment, technology, fuel, vehicle or process in order to limit greenhouse gas emissions;

(e) respecting permits or approvals for the release of any greenhouse gas;

(f) respecting trading in greenhouse gas emission reductions, removals, permits, credits, or other units;

(g) respecting monitoring, inspections, investigations, reporting, enforcement, penalties or other matters to promote compliance with regulations made under this Act;

(h) designating the contravention of a provision or class of provisions of the regulations by a person or class of persons as an offence punishable by indictment or on summary conviction and prescribing, for a person or class of persons, the amount of the fine and imprisonment for the offence; and

(i) respecting any other matter that is necessary to carry out the purposes of this Act.

(2) Despite paragraph (1)(b), and for greater certainty, each province may take any measure that it considers appropriate to limit greenhouse gas emissions.

8. At least 60 days before making any regulations under this Act, the Governor in Council shall publish the proposed regulations in the Canada Gazette together with a statement that specifies that persons may submit comments in respect of the proposed regulations to the Minister within 30 days after their publication.

GOVERNOR IN COUNCIL

9. (1) The Governor in Council shall ensure that Canada fully meets its commitment under section 5 and fully meets the interim Canadian greenhouse gas emission targets referred to in section 6 by

(a) ensuring that Canada’s positions in all international climate change discussions and in all negotiations with governments and other entities, particularly discussions and negotiations resulting from decisions of the Conference of Parties to the UNFCCC and of the Conference of Parties serving as the Meeting of Parties to the Kyoto Protocol, are fully consistent with meeting the commitment made under section 5 and the interim Canadian greenhouse gas emission targets referred to in section 6;

(b) ensuring that the policy of the Government of Canada is fully consistent with meeting the commitment made under section 5 and the interim Canadian greenhouse gas emission targets referred to in section 6; and

(c) making, amending or repealing, pursuant to section 7, the necessary regulations under this or any other Act.

(2) Regulations made under subsection (1) to ensure Canada meets the target referred to in paragraph 5(a) and each of the interim Canadian greenhouse gas emission targets referred to in section 6 shall be made, amended or repealed under paragraph 9(1)(c)

(a) on or before December 31, 2009, in the case of the target for 2015; and

(b) at least ten years before the start of the year to which the target applies, in the case of all the other targets.

(3) In ensuring that Canada fully meets its commitments under sections 5 and 6, pursuant to subsections (1) and (2), the Governor in Council may take into account any reductions in greenhouse gas emissions that are reasonably expected to result from the implementation of other governmental measures, including spending and federal-provincial agreements.

EXPECTED REDUCTIONS

10. (1) On or before May 31 of each year, the Minister shall prepare a statement setting out

(a) the measures taken by the Government of Canada to ensure that its commitment under section 5 and the targets set out in the target plan are being met, including measures taken in respect of

(i) regulated emission limits and perform- ance standards,

(ii) market-based mechanisms such as emissions trading or offsets,

(iii) spending or fiscal incentives, including a just transition fund for industry, and

(iv) cooperation or agreements with prov­inces, territories or other governments;

(b) the Canadian greenhouse gas emission reductions that are reasonably expected to result from each of those measures in each of the next ten years; and

(c) the level of Canadian greenhouse gas emissions in each of the following ten years to be used as a baseline to quantify the reductions referred to in paragraph (b).

(2) The Minister shall

(a) publish the statement in the Canada Gazette and in any other manner that the Minister considers appropriate on or before the day referred to in subsection (1); and

(b) table the statement in each House of Parliament on or before the day referred to in subsection (1) or, if the House is not sitting at that time, on any of the first three days on which that House is sitting after that day.

11. Nothing in this Act precludes the Governor in Council or any province, territory, municipality or First Nation from setting more stringent target plans for greenhouse gas reductions or implementing supplementary measures to reduce greenhouse gas emissions.

OFFENCES AND PENALTIES

12. (1) Every person who contravenes a regulation made under this Act is guilty of an offence punishable by indictment or on summary conviction, as prescribed by the regulations, and liable to a fine or to imprisonment as prescribed by the regulations.

(2) If a person is convicted of an offence a subsequent time, the amount of the fine for the subsequent offence may be double the amount set out in the regulations.

(3) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

(4) If a person is convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits, which additional fine may exceed the maximum amount of any fine that may otherwise be imposed under the regulations.

(5) If a corporation commits an offence, any officer, director, agent or mandatory of the corporation who directed, authorized, assented to, or acquiesced or participated in, the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

(6) In any prosecution for an offence, the accused may be convicted of the offence if it is established that it was committed by an employee, agent or mandatory of the accused, whether or not the employee, agent or mandatory has been prosecuted for the offence.

REPORT

13. (1) Within 120 days after the Minister publishes a statement under subsection 10(2), the National Round Table on the Environment and the Economy established by section 3 of the National Round Table on the Environment and the Economy Act shall perform the following with respect to the statement:

(a) undertake research and gather information and analyses on the statement in the context of sustainable development; and

(b) advise the Minister on issues that are within its purpose, as set out in section 4 of the National Round Table on the Environment and the Economy Act, including the following, to the extent that they are within that purpose:

(i) the likelihood that each of the proposed measures will achieve the emission reductions projected in the statement,

(ii) the likelihood that the proposed meas­ures will enable Canada to meet its commitment under section 5 and meet the interim Canadian greenhouse gas emission targets referred to in section 6, and

(iii) any other matters that the National Round Table on the Environment and the Economy considers relevant.

(2) The Minister shall

(a) within three days after receiving the advice referred to in paragraph (1)(b):

(i) publish it in any manner that the Minister considers appropriate, and

(ii) submit it to the Speakers of the Senate and the House of Commons and the Speakers shall table it in their respective Houses on any of the first three days on which that House is sitting after the day on which the Speaker receives the advice; and

(b) within 10 days after receiving the advice, publish a notice in the Canada Gazette setting out how the advice was published and how a copy of the publication may be obtained.

13.1 (1) At least once every two years after this Act comes into force, the Commissioner shall prepare a report that includes

(a) an analysis of Canada’s progress in implementing the measures proposed in the statement referred to in subsection 10(2);

(b) an analysis of Canada’s progress in meeting its commitment under section 5 and the interim Canadian greenhouse gas emission targets referred to in section 6; and

(c) any observations and recommendations on any matter that the Commissioner considers relevant.

(2) The Commissioner shall publish the report in any manner the Commissioner considers appropriate within the period referred to in subsection (1).

(3) The Commissioner shall submit the report to the Speaker of the House of Commons on or before the day it is published, and the Speaker shall table the report in the House on any of the first three days on which that House is sitting after the Speaker receives it.

NATIONAL ROUND TABLE ON THE ENVIRONMENT AND THE ECONOMY

13.2 (1) Within 180 days after the Minister prepares the target plan under subsection 6(1) or prepares a revised target plan under subsection 6(2), the National Round Table on the Environment and the Economy established by section 3 of the National Round Table on the Environment and the Economy Act shall perform the following with respect to the target plan or revised target plan:

(a) undertake research and gather information and analyses on the target plan or revised target plan in the context of sustainable development; and

(b) advise the Minister on issues that are within its purpose, as set out in section 4 of the National Round Table on the Environment and the Economy Act, including the following, to the extent that they are within that purpose:

(i) the quality and completeness of the scientific, economic and technological evidence and analyses used to establish each target in the target plan or revised target plan, and

(ii) any other matters that the National Round Table considers relevant.

(2) The Minister shall

(a) within three days after receiving the advice referred to in paragraph (1)(b):

(i) publish it in any manner that the Minister considers appropriate, and

(ii) submit it to the Speakers of the Senate and the House of Commons and the Speakers shall table it in their respective Houses on any of the first three days on which that House is sitting after the day on which the Speaker receives the advice; and

(b) within 10 days after receiving the advice, publish a notice in the Canada Gazette setting out how the advice was published and how a copy of the publication may be obtained.