Bill C-474

2nd Session, 39th Parliament,

56 Elizabeth II, 2007

house of commons of canada

BILL C-474

An Act to require the development and implementation of a National Sustainable Development Strategy, the reporting of progress against a standard set of environmental indicators and the appointment of an independent Commissioner of the Environment and Sustainable Development accountable to Parliament, and to adopt specific goals with respect to sustainable development in Canada, and to make consequential amendments to another Act

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 National Sustainable Development Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Commissioner” means the Commissioner of the Environment and Sustainable Development appointed under section 13.

“corporation” includes a company or other body corporate wherever or however incorporated.

“Crown corporation” means a parent Crown corporation or a wholly-owned subsidiary.

“ecosystem-based management” means an adaptive approach to managing human activities that seeks to ensure the coexistence of healthy, fully functioning ecosystems and human communities and to maintain spatial and temporal characteristics of ecosystems in order that component species and ecological processes may be sustained, and human wellbeing supported and improved.

“emission trading system” means a system that includes a right, that can be owned or transferred, to emit a quantity of a substance into the environment for a period of time.

“full cost accounting” means accounting for the economic, environmental, land use, human health, social and heritage costs and benefits of a particular decision or action to ensure that no costs associated with the decision or action, including externalized costs, are left unaccounted for.

“Minister” means the Minister of the Environment.

“petitioner” means the person or one of the persons who submits a petition to the Commissioner.

“precautionary principle” means the principle that precautionary measures should be taken where an activity threatens human health or the environment, even if the cause-and-effect relationship is not fully established scientifically.

“sustainability” means the capacity of a thing, action, activity, or process to be maintained indefinitely.

“sustainable development” means development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

“target” means a measurable objective.

PURPOSE

3. The purpose of this Act is to provide the legal framework for developing and implementing a National Sustainable Development Strategy that will dramatically accelerate the elimination of major environmental problems and make environmental decision-making more transparent and accountable to Parliament.

HER MAJESTY

4. This Act and the regulations are binding on Her Majesty in right of Canada.

SUSTAINABLE DEVELOPMENT GOALS

5. (1) The Government of Canada accepts the basic principle that, in a sustainable society, nature must not be subject to the systematic increase of:

(a) concentrations of substances extracted from the Earth's crust;

(b) concentrations of substances produced by society; and

(c) its degradation by physical means.

(2) The Government of Canada therefore adopts the following goals for Canada with respect to sustainable development:

(a) Canada should become a world leader in

(i) living in a sustainable manner and protecting the environment,

(ii) making efficient and effective use of energy and resources,

(iii) modifying production and consumption patterns to mimic nature’s closed-loop cycles, thus dramatically reducing waste and pollution,

(iv) reducing air pollution and achieving air quality standards necessary to eliminate human health impacts, and

(v) exercising good water stewardship, by protecting and restoring the quantity and quality of fresh water in Canadian ecosystems;

(b) Canada should move to the forefront of the global clean-energy revolution;

(c) Canadian agriculture should provide nutritious and healthy foods, while safeguarding the land, water and biodiversity;

(d) Canada should become globally renowned for its leadership in conserving, protecting and restoring the natural beauty of the nation and the health and diversity of its ecosystems, parks and wilderness areas;

(e) Canadian cities should become vibrant, clean, livable, prosperous, safe and sustainable; and

(f) Canada should promote sustainability in the developing world.

CABINET COMMITTEE AND SECRETARIAT

6. (1) The Governor in Council shall appoint a Cabinet Committee on Sustainable Development, chaired by the Minister, to oversee the development and implementation of the National Sustainable Development Strategy.

(2) The Governor in Council shall establish a Sustainable Development Secretariat within the Privy Council Office to support the activities of the Cabinet Committee on Sustainable Development.

SUSTAINABLE DEVELOPMENT ADVISORY COUNCIL

7. (1) The Governor in Council shall appoint, on the advice of the Minister, a Sustainable Development Advisory Council, composed of the Minister, one representative from each province and territory, and three representatives from each of the following:

(a) First Nations;

(b) environmental non-governmental organizations;

(c) organizations representative of business; and

(d) organizations representative of labour.

(2) The Minister is the chair of the Sustainable Development Advisory Council.

NATIONAL SUSTAINABLE DEVELOPMENT STRATEGY

8. (1) Within two years after this Act comes into force and within every three-year period thereafter, the Minister shall develop, in accord- ance with this section, a National Sustainable Development Strategy based on the precautionary principle.

(2) The National Sustainable Development Strategy shall set out

(a) targets for the short term (1 to 3 years), medium term (5 to 10 years) and long term (25 years) to dramatically accelerate the elimination of all environmental problems, including targets with respect to each item listed in column 2 of the schedule;

(b) the implementation strategy for meeting each target, which may include, but is not limited to,

(i) caps on emissions, by sector and region that are consistent with the targets,

(ii) economic instruments, such as emission trading systems with a declining cap,

(iii) penalties for non-compliance,

(iv) ecosystem-based management, and

(v) full cost accounting;

(c) the timeline for meeting each target; and

(d) the person who is responsible for implementing the strategy.

(3) The Minister shall submit a draft of the National Sustainable Development Strategy to the Sustainable Development Advisory Council, the Commissioner, the relevant Parliamentary committees, the relevant stakeholders and the public for review and comment, for which the Minister shall allow a period of not less than 120 days.

(4) The Minister shall record each comment received under subsection (3) and provide a response to its author.

(5) Following the period referred to in subsection (3), the Minister may revise the draft in response to the comments received.

(6) The Minister shall submit the revised draft of the National Sustainable Development Strategy to the Sustainable Development Advisory Council, the Commissioner, the relevant Parliamentary committees, the relevant stakeholders and the public for review and comment, for which the Minister shall allow a period of not less than 60 days.

(7) Following the period referred to in subsection (6), the Minister may revise the draft in response to the comments.

9. (1) The Minister shall, within the period referred to in subsection 8(1), submit the National Sustainable Development Strategy to the Governor in Council through the Cabinet Committee on Sustainable Development for approval as the official National Sustainable Development Strategy of the Government of Canada.

(2) The Minister shall table the official National Sustainable Development Strategy in each House of Parliament within the period referred to in subsection 8(1) or on any of the first three days thereafter on which that House is sitting.

(3) A National Sustainable Development Strategy that is tabled in the House of Commons is deemed to be referred to the standing committee of the House that normally considers matters relating to the environment or to any other committee that the House may designate for the purposes of this section.

10. Within 30 days after a National Sustainable Development Strategy is tabled in each House of Parliament, the Minister shall make regulations prescribing the targets and the caps referred to in the National Sustainable Development Strategy and revoke any regulations prescribing targets and caps referred to in the National Sustainable Development Strategy that was tabled previously.

11. (1) Within 120 days after a National Sustainable Development Strategy is tabled in each House of Parliament, each minister presiding over a department named in Schedule 1 to the Financial Administration Act and each minister responsible for a Crown corporation shall develop, with the approval of the Minister and the Governor in Council, a Departmental Sustainable Development Strategy that explains how the department or Crown corporation will comply with the National Sustainable Development Strategy.

(2) The Governor in Council may, on the recommendation of the Minister, direct that subsection (1) apply to any other government department or agency.

12. Performance-based contracts with the Government of Canada shall include provisions for meeting the applicable targets referred to in the National Sustainable Development Strategy and the Departmental Sustainable Development Strategies.

COMMISSIONER OF THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT

13. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of the Environment and Sustainable Development after approval of the appointment by resolution of the Senate and House of Commons.

(2) Subject to subsection (3), the Commissioner shall be subject to the same terms and conditions and exercise the same powers as the Auditor General appointed under the Auditor General Act, in addition to those terms and conditions that the Commissioner is subject to and the powers the Commissioner may exercise under this Act.

(3) The Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.

(4) The Commissioner shall

(a) evaluate whether the draft National Sustainable Development Strategy is likely to meet its target;

(b) develop a national sustainability monitoring system to assess

(i) the state of the Canadian environment, nationally and by province,

(ii) the progress in implementing the National Sustainable Development Strategy and meeting its targets, and

(iii) the national and provincial perform- ance in meeting each sustainable development goal listed in column 1 of the Schedule, relative to the performance of other industrialized nations;

(c) provide advice and monitor progress in achieving sustainable development; and

(d) conduct fact-based audits with respect to sustainable development.

(5) The Commissioner shall, before March 31 in every year, prepare a sustainability monitoring report that includes

(a) an assessment of the progress in implementing the National Sustainable Development Strategy and meeting its targets;

(b) a list of any deficiencies in implementing and meeting the targets of the National Sustainable Development Strategy;

(c) an explanation of the causes of the deficiencies and recommendations to address them;

(d) an assessment of the national and provincial performance in meeting each sustainable development goal listed in column 1 of the Schedule, relative to the performance of other industrialized nations;

(e) a description of every public petition received under this Act and its outcome; and

(f) any other matter that the Commissioner considers important in relation to environmental and other aspects of sustainable development.

(6) The Commissioner shall

(a) make a printed copy of the sustainability monitoring report available to the public;

(b) publish the report on the Commissioner’s Web site; and

(c) table the report in each House of Parliament within ten days after it is completed or on any of the first three days thereafter on which that House is sitting.

(7) The Minister shall provide written responses to all the recommendations listed in the report within 45 days after its publication.

14. (1) The Commissioner shall receive petitions from any person on matters related to sustainable development.

(2) The Commissioner shall, within 15 days after receiving a petition, make a record of it and forward it to the appropriate minister of the relevant department.

(3) The minister shall, within 15 days after receiving the petition, send an acknowledgement of its receipt to the petitioner and a copy of the acknowledgement to the Commissioner.

(4) The minister shall, within 120 days after receiving the petition, review it and send a response to the petitioner and a copy of the response to the Commissioner.

(5) The Commissioner shall, within 15 days after receiving the response,

(a) ask the petitioner if the petitioner received the response and if the response is satisfactory to the petitioner; and

(b) advise the petitioner that, if the response is not satisfactory, the petitioner may resubmit the petition to the Commissioner with an explanation of the reasons why it is not satisfactory.

(6) The Commissioner shall review every resubmitted petition and may request the minister who responded to reconsider the petition.

REGULATIONS

15. The Governor in Council may make regulations for the purpose of achieving any of the goals of this Act.

Auditor General Act

16. The definition “Commissioner” in section 2 of the Auditor General Act is repealed.

17. The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:

7. (1) The Auditor General shall report annually to the House of Commons and may make, in addition to any special report made under subsection 8(1) or 19(2), not more than three additional reports in any year to the House of Commons

18. Sections 15.1 and 21.1 to 24 of the Act are repealed.