Bill C-377

1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-377

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.

“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

(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 establish a Canadian greenhouse gas emissions target for each of those years and specify the scientific, economic and technological evidence and analysis used to establish each target.

(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 for carrying out the purposes and provisions of this Act.

(2) The Governor in Council shall make regulations to ensure that Canada fully meets its commitment under section 5. Proposed regulations that are to be made under this subsection shall be published in accordance with section 8 on or before December 31, 2007.

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. 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 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 the necessary regulations under this or any other Act.

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; and

(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.

(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 Commissioner shall review it and prepare a report setting out

(a) the Commissioner’s opinion on

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

(ii) the likelihood that the existing measures will enable Canada to meet its commitment under section 5 and meet the targets set out in the target plan;

(b) any changes or additional measures or regulations that the Commissioner feels should be considered by the Minister or the Governor in Council; and

(c) any other matters that the Commissioner considers relevant.

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

(3) The Commissioner shall submit the report to the Speaker of the House of Commons within three days after the expiry of the period referred to in subsection (1) and the Speaker shall lay the report before the House on any of the first three days on which that House is sitting after the Speaker receives it.

COMING INTO FORCE

14. This Act comes into force on the day on which it receives royal assent.