ENGLISH
• RECOMMENDATION
RECOMMENDATION
• SUMMARY
SUMMARY
• TABLE OF PROVISIONS
TABLE OF PROVISIONS
• Short Title
Short Title
• Definitions
Definitions
• His Majesty
His Majesty
• Purpose
Purpose
• National Biodiversity Strategy and Action Plan
National Biodiversity Strategy and Action Plan
• National Report
National Report
• Advisory Committee
Advisory Committee
• General Provisions
General Provisions

RECOMMENDATION

SUMMARY

Short Title

Short title

1 This Act may be cited as the Nature Accountability Act.

Definitions

Definitions

2 The following definitions apply in this Act.

advisory committee means the committee established by the Minister under subsection 7(1).‍ (comité consultatif)

Conference of the Parties means the body established under Article 23 of the Convention.‍ (Conférence des Parties)

Convention means the Convention on Biological Diversity, which entered into force on December 29, 1993, as amended from time to time, to the extent that the amendment is in force for Canada.‍ (Convention)

Convention Secretariat means the secretariat established under Article 24 of the Convention.‍ (secrétariat de la Convention)

global targets means the global targets set by the Conference of the Parties from time to time, such as the 23 targets set out in the Kunming-Montreal Global Biodiversity Framework adopted by the Conference of the Parties on December 19, 2022.‍ (cibles mondiales)

Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada.‍ (connaissances autochtones)

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)

long-term goals means the four global long-term goals for 2050 set out in the Kunming-Montreal Global Biodiversity Framework adopted by the Conference of the Parties on December 19, 2022.‍ (objectifs à long terme)

Minister means the Minister of the Environment.‍ (ministre)

national biodiversity strategy and action plan means a national biodiversity strategy and action plan established under section 5.‍ (stratégies et plans d’action nationaux pour la biodiversité)

2050 vision means the shared vision of a world living in harmony with nature by 2050 that is referred to in the Kunming-Montreal Global Biodiversity Framework adopted by the Conference of the Parties on December 19, 2022.‍ (vision 2050)

His Majesty

Binding on His Majesty

3 This Act is binding on His Majesty in right of Canada.

Purpose

Purpose

4 The purpose of this Act is to

• (a) recognize that Canada is committed, under the Convention, to contributing to the attainment of the global targets and long-term goals and to the fulfillment of the 2050 vision;

• (b) promote the transparency and accountability of the Government of Canada in respect of the development and implementation of measures aimed at meeting those commitments; and

• (c) encourage collaboration within the federal public administration, as well as between the Government of Canada and the governments of the provinces, the Indigenous peoples of Canada and municipal governments, in the development and implementation of such measures.

National Biodiversity Strategy and Action Plan

National biodiversity strategy and action plan

5 (1) The Minister must establish a national biodiversity strategy and action plan and submit it to the Convention Secretariat on or before each submission deadline set under the Convention.

Contents

(2) Each national biodiversity strategy and action plan must set out any measures taken or proposed to be taken by the Government of Canada that are intended to contribute to the attainment of the global targets and long-term goals, including any mechanisms for integrating biodiversity considerations into decision-making processes.

Other information

(3) A national biodiversity strategy and action plan may set out any other information that the Minister considers appropriate, including information respecting measures intended to contribute to the attainment of the global targets and long-term goals that are taken or proposed to be taken by

• (a) the governments of the provinces, the Indigenous peoples of Canada and municipal governments; and

• (b) the Government of Canada in collaboration with the governments of the provinces, the Indigenous peoples of Canada, municipal governments or any other parties.

Considerations

(4) When establishing a national biodiversity strategy and action plan, the Minister must take into account

• (a) the best scientific and technological knowledge relevant to the conservation and restoration of nature, including biodiversity;

• (b) Indigenous knowledge relevant to the conservation and restoration of nature, including biodiversity;

• (c) the rights affirmed in the United Nations Declaration on the Rights of Indigenous Peoples, including the right to self-determination;

• (d) the precautionary principle, which provides that, if there is a threat of significant reduction or loss of biodiversity, a lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to avoid or minimize such a threat;

• (e) the principle of non-regression, which requires that appropriate measures be taken, based on current scientific and technological knowledge and on Indigenous knowledge, to prevent any regression of Canada’s contributions to the attainment of the global targets and to make continuous progress in Canada’s contributions to the attainment of the long-term goals;

• (f) the principle of intergenerational equity, which provides that it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs;

• (g) the goal of advancing equality, including in light of the intersection of sex and gender with other identity factors; and

• (h) any submissions received under subsection (7) from the governments of the provinces, the Indigenous peoples of Canada and the advisory committee.

Section 35 of Constitution Act, 1982

(5) For greater certainty, when establishing a national biodiversity strategy and action plan, the Minister must ensure respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, including the inherent right of self-government.

Consultation — federal ministers

(6) When establishing a national biodiversity strategy and action plan, the Minister must consult with any federal minister that the Minister considers appropriate.

Consultation — other parties

(7) When establishing a national biodiversity strategy and action plan, the Minister must, in the manner that the Minister considers appropriate, provide the governments of the provinces, the Indigenous peoples of Canada, the advisory committee and interested persons, including any expert the Minister considers appropriate to consult, with the opportunity to make submissions.

Tabling

(8) The Minister must cause each national biodiversity strategy and action plan to be tabled in each House of Parliament on or before the 15th day on which that House is sitting after the day on which that national biodiversity strategy and action plan is submitted to the Convention Secretariat.

Publication

(9) The Minister must publish each national biodiversity strategy and action plan, in the manner the Minister considers appropriate, as soon as feasible after it is submitted to the Convention Secretariat.

National Report

National report

6 (1) The Minister must prepare a national report and submit it to the Convention Secretariat on or before each submission deadline set under the Convention.

Contents

(2) Each national report must set out

• (a) an assessment of Canada’s progress on its contributions to the attainment of the global targets and long-term goals as a result of the measures set out in its most recent national biodiversity strategy and action plan;

• (b) any corrective measures that are taken or proposed to be taken to address any failure to make progress on its contributions to the attainment of those targets or goals; and

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

Considerations

(3) When preparing a national report, the Minister must take into account the considerations referred to in paragraphs 5(4)‍(a) to (g) and any submissions received under subsection (6).

Section 35 of Constitution Act, 1982

(4) For greater certainty, when preparing a national report, the Minister must ensure respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, including the inherent right of self-government.

Consultation — federal ministers

(5) When preparing a national report, the Minister must consult with any federal minister that the Minister considers appropriate.

Consultation — other parties

(6) When preparing a national report, the Minister must, in the manner the Minister considers appropriate, provide the governments of the provinces, the Indigenous peoples of Canada and the advisory committee with the opportunity to make submissions.

Tabling

(7) The Minister must cause each national report to be tabled in each House of Parliament on or before the 15th day on which that House is sitting after the day on which that national report is submitted to the Convention Secretariat.

Publication

(8) The Minister must publish each national report, in the manner the Minister considers appropriate, as soon as feasible after it is submitted to the Convention Secretariat.

Advisory Committee

Minister to establish

7 (1) The Minister must establish an advisory committee responsible for providing the Minister with independent advice on matters related to the carrying out of the purposes of this Act, including advice respecting

• (a) measures that may be taken by the Government of Canada in order to meet the commitments referred to in paragraph 4(a); and

• (b) any other matter referred to it by the Minister.

Terms of reference

(2) The Minister may establish the terms of reference of the advisory committee. Any terms of reference must be published in the manner that the Minister considers appropriate.

Appointment

(3) The Minister may appoint as a member of the advisory committee one or more persons.

Expertise

(4) When deciding whether to appoint a member, the Minister must consider the need for the advisory committee as a whole to have

• (a) expertise in and knowledge of scientific disciplines relevant to the conservation and restoration of nature, including biodiversity;

• (b) Indigenous knowledge relevant to the conservation and restoration of nature, including biodiversity; and

• (c) expertise in and knowledge of biodiversity policy at the international, national and subnational levels, including the likely effects and efficacy of potential measures aimed at addressing biodiversity loss.

General Provisions

Statutory Instruments Act

8 For greater certainty, national biodiversity strategies and action plans, national reports prepared under subsection 6(1) and terms of reference established under subsection 7(2) are not statutory instruments for the purposes of the Statutory Instruments Act.

Review

9 A comprehensive review of the provisions and operation of this Act is to be undertaken no later than December 31, 2030 — and every 10 years after that date — by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.