ENGLISH
• SUMMARY
SUMMARY
• TABLE OF PROVISIONS
TABLE OF PROVISIONS
• Short Title
Short Title
• Definitions
Definitions
• Her Majesty
Her Majesty
• Purpose
Purpose
• Designation of Minister
Designation of Minister
• Targets and Plans
Targets and Plans
• Reports
Reports
• Tabling and Publication
Tabling and Publication
• Advisory Body
Advisory Body
• Minister of Finance
Minister of Finance
• Commissioner of the Environment and Sustainable Development
Commissioner of the Environment and Sustainable Development
• General Provisions
General Provisions
• Consequential Amendment
Consequential Amendment
• Auditor General Act
Auditor General Act
• Coming into Force
Coming into Force
• EXPLANATORY NOTES
EXPLANATORY NOTES

SUMMARY

Short Title

Short title

1 This Act may be cited as the Canadian Net-Zero Emissions Accountability Act.

Definitions

Definitions

2 The following definitions apply in this Act.

Convention means the United Nations Framework Convention on Climate Change, done in New York on May 9, 1992.‍ (Convention)

emissions reduction plan means a plan established under subsection 9(1).‍ (plan de réduction des émissions)

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones du Canada)

milestone year means any of the years 2030, 2035, 2040 and 2045.‍ (année jalon)

Minister means the Minister of the Environment or, if another federal minister is designated under section 5, that minister.‍ (ministre)

net-zero emissions means that anthropogenic emissions of greenhouse gases into the atmosphere are balanced by anthropogenic removals of greenhouse gases from the atmosphere over a specified period.‍ (carboneutralité)

Her Majesty

Binding on Her Majesty

3 This Act and its regulations are binding on Her Majesty in right of Canada.

Purpose

Purpose

4 The purpose of this Act is to require the setting of national targets for the reduction of greenhouse gas emissions based on the best scientific information available and to promote transparency and accountability in relation to achieving those targets, in support of achieving net-zero emissions in Canada by 2050 and Canada’s international commitments in respect of mitigating climate change.

Designation of Minister

Minister

5 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

Targets and Plans

Target — 2050

6 The national greenhouse gas emissions target for 2050 is net-zero emissions.

Targets — milestone years

7 (1) The Minister must set a national greenhouse gas emissions target for each milestone year with a view to achieving the target set out in section 6.

Target — 2030

(2) The Minister must set the national greenhouse gas emissions target for 2030 within six months of the day on which this Act comes into force.

Extension

(3) The Minister may, in a decision containing reasons and made available to the public, extend the time limit set out in subsection (2) by 90 days.

Subsequent targets

(4) The Minister must set each subsequent national greenhouse gas emissions target at least five years before the beginning of the milestone year to which it relates.

Setting emissions target

8 When setting a greenhouse gas emissions target, the Minister must take into account the best scientific information available as well as Canada’s international commitments with respect to climate change.

Emissions reduction plan

9 (1) The Minister must establish a greenhouse gas emissions reduction plan for achieving the target set by section 6 and each target set under section 7.

Plan — 2030

(2) The Minister must establish an emissions reduction plan for 2030 within six months after the day on which this Act comes into force.

Extension

(3) The Minister may, in a decision containing reasons and made available to the public, extend the time limit set out in subsection (2) by 90 days.

Subsequent plans

(4) The Minister must establish each subsequent emissions reduction plan at least five years before the beginning of the year to which it relates.

Emissions reduction plan — contents

10 (1) An emissions reduction plan must contain

• (a) the greenhouse gas emissions target for the year to which the plan relates;

• (b) a description of the key emissions reduction measures the Government of Canada intends to take to achieve the greenhouse gas emissions target;

• (c) a description of any relevant sectoral strategies; and

• (d) a description of emissions reduction strategies for federal government operations.

Explanation

(2) An emissions reduction plan must explain how the greenhouse gas emissions target set out in the plan and the key measures and the strategies that the plan describes will contribute to Canada achieving net-zero emissions by 2050.

Other information

(3) An emissions reduction plan may contain any other information that relates to that plan or to the purpose of this Act, including information on initiatives or other measures undertaken by the governments of the provinces, Indigenous peoples of Canada, municipal governments or the private sector that may contribute to achieving the greenhouse gas emissions target.

Amendments

11 The Minister may amend an emissions target set under section 7 or an emissions reduction plan in a manner that is consistent with the purpose of this Act.

Other ministers

12 When establishing or amending an emissions reduction plan, the Minister must do so in consultation with the other federal ministers having duties and functions relating to the measures that may be taken to achieve that target.

Public participation

13 When setting or amending a national greenhouse gas emissions target or establishing or amending an emissions reduction plan, the Minister must, in the manner the Minister considers it appropriate, provide the governments of the provinces, Indigenous peoples of Canada, the advisory body established under section 20 and interested persons, including any expert the Minister considers appropriate to consult, with the opportunity to make submissions.

Reports

Progress report

14 (1) In consultation with the ministers referred to in section 12, the Minister must prepare at least one progress report relating to each milestone year and to 2050 no later than two years before the beginning of the relevant year.

Content of report

(2) A progress report must contain

• (a) an update on the progress that has been made towards achieving the greenhouse gas emissions target;

• (b) an update on the implementation of the federal measures, sectoral strategies and federal government operations strategies described in the relevant emissions reduction plan; and

• (c) any other information that the Minister considers appropriate, including information on any additional measures that could be taken to increase the probability of achieving the plan’s greenhouse gas emissions target.

Assessment report

15 (1) In consultation with the ministers referred to in section 12, the Minister must prepare an assessment report in relation to a milestone year or to 2050 no later than 30 days after the day on which Canada submits its official greenhouse gas emissions inventory report in accordance with the Convention in relation to the relevant milestone year or to 2050, as the case may be.

Contents of report

(2) An assessment report must contain

• (a) a summary of Canada’s official greenhouse gas emissions inventory for the relevant year;

• (b) a statement on whether Canada has achieved its national greenhouse gas emissions target for that year;

• (c) an assessment of how the federal measures, sectoral strategies, and federal government operations strategies described in the relevant emissions reduction plan contributed to Canada’s efforts to achieve the national greenhouse gas emissions target for that year;

• (d) any information relating to adjustments that could be made to subsequent emissions reduction plans in order to increase the probability of meeting subsequent national greenhouse gas emissions targets; and

• (e) any other information that the Minister considers appropriate.

Failure to achieve target

16 If the Minister concludes that Canada has not achieved its national greenhouse gas emissions target for a milestone year or for 2050, as the case may be, the Minister must, after consulting with the ministers referred to in section 12, include the following in the assessment report:

• (a) the reasons why Canada failed to meet the target;

• (b) a description of actions the Government of Canada is taking or will take to address the failure to achieve the target; and

• (c) any other information that the Minister considers appropriate.

Tabling and Publication

Publication of target

17 The Minister may publish the national greenhouse gas emissions target for the milestone year to which an emissions reduction plan relates before that plan is tabled in each House of Parliament.

Emissions reduction plan — tabling

18 (1) The Minister must cause each emissions reduction plan to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the plan is established.

Amendment — tabling

(2) The Minister must cause any amendment to an emissions reduction plan to be tabled in each House of Parliament on any of the first 15 days on which that House of Parliament is sitting after the day on which the amendment is made.

Reports — tabling

(3) The Minister must cause each progress report and each assessment report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is finalized.

Emissions reduction plan made public

19 (1) The Minister must make each emissions reduction plan available to the public, in the manner the Minister considers appropriate, as soon as feasible after it is tabled in either House of Parliament.

Amendments made public

(2) The Minister must make each amendment to an emissions reduction plan available to the public, in the manner the Minister considers appropriate, as soon as feasible after it is tabled in either House of Parliament.

Reports made public

(3) The Minister must make each progress report and each assessment report available to the public, in the manner the Minister considers appropriate, as soon as feasible after they are tabled in either House of Parliament.

Advisory Body

Establishment and mandate

20 (1) There is established an advisory body whose mandate is to provide the Minister with advice with respect to achieving net-zero emissions by 2050, including advice respecting measures and sectoral strategies that the Government of Canada could implement to achieve a greenhouse gas emissions target, and any matter referred to it by the Minister, and to conduct engagement activities related to achieving net-zero emissions.

Terms of reference

(2) The Minister may determine and amend the terms of reference of the advisory body.

Appointment and remuneration of members

21 (1) The Governor in Council appoints the members of the advisory body on the recommendation of the Minister and fixes their remuneration.

Composition of body

(2) The advisory body is composed of no more than fifteen members, who are appointed on a part-time basis for a renewable term of up to three years.

Co-chairs

(3) The Governor in Council, on the recommendation of the minister, designates two co-chairs from among the members appointed under subsection (1).

Reimbursement of expenses

(4) The members are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the advisory body while absent from their ordinary place of residence.

Deemed employment

(5) Members of the advisory body are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Report

22 (1) The advisory body must submit an annual report to the Minister with respect to its advice and activities.

Minister’s response

(2) The Minister must publicly respond to the advice that the advisory body includes in its annual report with respect to measures and sectoral strategies that the Government of Canada could implement to achieve the greenhouse gas emissions target.

Minister of Finance

Annual report

23 The Minister of Finance must, in cooperation with the Minister, prepare an annual report respecting key measures that the federal public administration has taken to manage its financial risks and opportunities related to climate change. The Minister of Finance must make that report available to the public.

Commissioner of the Environment and Sustainable Development

Commissioner’s report

24 (1) The Commissioner of the Environment and Sustainable Development must, at least once every five years, examine and report on the Government of Canada’s implementation of the measures aimed at mitigating climate change, including those undertaken to achieve its most recent greenhouse gas emissions target as identified in the relevant assessment report.

Recommendations

(2) The report may include recommendations related to improving the effectiveness of the Government of Canada’s implementation of the measures with respect to climate change mitigation that it has committed to undertake in an emissions reduction plan.

Submission

(3) The report is submitted as part of the next annual report the Commissioner makes under subsection 23(2) of the Auditor General Act.

General Provisions

Methodology

25 Subject to any regulation made under section 26, the methodology used to report on Canada’s greenhouse gas emissions for each milestone year and for 2050 must be consistent with the methodology used by Canada in its official national greenhouse gas emission inventory report for the Convention.

Regulations

26 The Governor in Council may make regulations for the purposes of this Act, including regulations

• (a) amending or specifying the methodology to be used to report on Canada’s greenhouse gas emissions for each milestone year and for 2050, including with respect to greenhouse gas emissions and removals; and

• (b) amending any timeline set out in this Act, other than the ones set out in sections 6 and 24, or any milestone year, for the purposes of aligning it with Canada’s international commitments.

Statutory Instruments Act

27 For greater certainty, the emissions reduction plans, the reports made under this Act, any ministerial decision made under subsection 7(3) or 9(3) and any terms of reference set under subsection 20(2) are not statutory instruments for the purposes of the Statutory Instruments Act.

Consequential Amendment

R.‍S.‍, c. A-17

Auditor General Act

28 The Auditor General Act is amended by adding the following after section 21.‍1:

Coming into Force

Section 23

29 Section 23 comes into force on a day to be fixed by order of the Governor in Council.

EXPLANATORY NOTES