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Bill C-57

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First Session, Forty-second Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-57
An Act to amend the Federal Sustainable Development Act
FIRST READING, June 19, 2017
MINISTER OF ENVIRONMENT AND CLIMATE CHANGE
90849


SUMMARY
This enactment amends the Federal Sustainable Development Act to make decision making related to sustainable development more transparent and subject to accountability to Parliament.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca


1st Session, 42nd Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-57
An Act to amend the Federal Sustainable Development Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2008, c. 33

Federal Sustainable Development Act

1(1)The definitions precautionary principle and target in section 2 of the Federal Sustainable Development Act are repealed.
(2)The definition Minister in section 2 of the Act is replaced by the following:
Minister means the Minister of the Environment, unless the context otherwise requires. (ministre)
(3)Section 2 of the Act is amended by adding the following in alphabetical order:
appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent)
designated entity means an entity named in the schedule. (entité désignée)
entity means
(a)any body named in any of Schedules I to II to the Financial Administration Act; or
(b)any Crown corporation as defined in section 2 of the Financial Administration Act. (entité)
2Section 3 of the Act is replaced by the following:
Purpose
3The purpose of this Act is to provide the legal framework for developing and implementing a Federal Sustainable Development Strategy that makes decision making related to sustainable development more transparent and subject to accountability to Parliament, promotes coordinated action across the Government of Canada to advance sustainable development and respects Canada’s domestic and international obligations relating to sustainable development, with a view to improving the quality of life of Canadians.
3Section 5 of the Act is replaced by the following:
Principles
5The following principles shall be considered in the development of sustainable development strategies:
(a)the principle that sustainable development is based on an ecologically efficient use of natural, social and economic resources and the need for the Government of Canada to integrate environmental, economic and social factors in the making of all of its decisions;
(b)the principle of intergenerational equity, which is the principle that it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs;
(c)the precautionary principle, which is the principle that if there are threats of serious or irreversible damage, a lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;
(d)the “polluter pays” principle, which is the principle that those who generate pollution or whose actions otherwise degrade the environment should bear their share of the cost of measures to prevent, reduce, control and mitigate environmental damage;
(e)the principle of internalization of costs, which is the principle that the value of goods and services should reflect all the costs they generate for society during their whole life cycle, from their design to their consumption and their final disposal;
(f)the principle of openness and transparency, which is the principle that the release of information should be encouraged to support accountability and public engagement;
(g)the principle that it is important to involve Aboriginal peoples because of their traditional knowledge and their unique understanding of, and connection to, Canada’s lands and waters;
(h)the principle of collaboration, which is the principle that it is important for stakeholders to collaborate in the pursuit of common objectives; and
(i)the principle that a results and delivery approach — that allows for developing objectives, developing strategies for meeting those objectives, using indicators for reporting on progress towards meeting those objectives and establishing accountability — is key to meeting measurable targets.
2010, c. 16, s. 1
4Subsection 7(2) of the Act is replaced by the following:
Report
(2)The Office shall, at least once every three years after this Act comes into force or, as of November 10, 2017, at least once within every three-year period beginning on that date, provide the Minister with a report on the progress of the Government of Canada in implementing the Federal Sustainable Development Strategy.
Contribution of designated entities
(3)Every designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the report.
Tabling in each House of Parliament
(4)The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.
Deemed referral to appropriate committee
(5)A report that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to the environment.
5(1)The portion of subsection 8(1) of the Act before paragraph (b) is replaced by the following:
Sustainable Development Advisory Council
8(1)The Minister shall appoint a Sustainable Development Advisory Council composed of one representative from each province and territory, six representatives of Aboriginal peoples, and three representatives from each of the following:
(2)Section 8 of the Act is amended by adding the following after subsection (1):
Demographic representation
(1.‍1)The Minister shall, when appointing representatives to the Sustainable Development Advisory Council, seek to reflect the diversity of Canadian society by taking into account demographic considerations such as age and gender.
(3)Subsection 8(3) of the Act is replaced by the following:
Mandate
(2.‍1)The mandate of the Sustainable Development Advisory Council is to advise the Minister on any matter related to sustainable development that is referred to it by the Minister.
Remuneration and expenses
(3)The representatives appointed to the Sustainable Development Advisory Council may be paid remuneration and expenses in amounts that the Minister may set.
6Subsections 9(1) and (2) of the Act are replaced by the following:
Preparation
9(1)The Minister shall develop, in accordance with this section, a Federal Sustainable Development Strategy within two years after this Act comes into force and at least once within every three-year period after that or, as of November 10, 2017, at least once within every three-year period beginning on that date.
Contribution of designated entities
(1.‍1)Every designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the Federal Sustainable Development Strategy.
Content
(2)The Federal Sustainable Development Strategy shall set out federal sustainable development goals and targets and an implementation strategy for meeting each target and identify the minister responsible for meeting each target. Each target shall be measurable and shall include a time frame.
2010, c. 16, s. 3
7Subsections 10(2) and (3) of the Act are replaced by the following:
Tabling in each House of Parliament
(2)The Minister shall cause the official Federal Sustainable Development Strategy to be tabled in each House of Parliament within the period referred to in subsection 9(1) or on any of the first 15 days on which that House is sitting after that period.
Deemed referred to committee
(3)The Federal Sustainable Development Strategy that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to the environment.
2010, c. 16, s. 4
8Sections 11 and 12 of the Act are replaced by the following:
Power of Treasury Board
10.‍1The Treasury Board may establish policies or issue directives applicable to one or more of the designated entities in relation to the environmental impact of their operations.
Sustainable Development Strategies of Designated Entities
Designated entities
11(1)Within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), every designated entity other than a designated entity referred to in section 12 shall
(a)prepare a sustainable development strategy that
(i)contains objectives and plans for the designated entity,
(ii)complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals,
(iii)takes into account the designated entity’s mandate, and
(iv)takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.‍1; and
(b)provide the sustainable development strategy to the appropriate Minister with respect to the designated entity.
Tabling in each House of Parliament
(2)The appropriate Minister shall cause the sustainable development strategy to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it.
Report
(3)The designated entity shall, at least once in each of the two years following the tabling of its sustainable development strategy in a House of Parliament under subsection (2), provide the appropriate Minister with a report on its progress in implementing the sustainable development strategy. The appropriate Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it.
Designated entities over which minister presides
12(1)In the case of a designated entity over which a minister presides, the minister who presides over the designated entity shall
(a)within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), prepare a sustainable development strategy with respect to the designated entity that
(i)contains objectives and plans for the designated entity,
(ii)complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals,
(iii)takes into account the designated entity’s mandate, and
(iv)takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.‍1; and
(b)cause the designated entity’s sustainable development strategy to be tabled in each House of Parliament within the year referred to in paragraph (a) or on any of the first 15 days on which that House is sitting after that year.
Report
(2)The minister presiding over the designated entity shall, at least once in each of the two years following the tabling of the designated entity’s sustainable development strategy in a House of Parliament under paragraph (1)‍(b), prepare a report on the progress of the designated entity in implementing its sustainable development strategy. That minister shall cause the report to be tabled in each House of Parliament within the year in which the report shall be prepared or on any of the first 15 days on which that House is sitting after that year.
Deemed referral to committee
12.‍1A sustainable development strategy or report that is tabled in a House of Parliament under section 11 or 12 is deemed to be referred to the standing committee of that House that normally considers matters relating to the environment.
Regulations
12.‍2The Governor in Council may, on the recommendation of the Minister, make regulations prescribing the form in which a sustainable development strategy is to be prepared and the information that is required to be contained in it.
Amendments to schedule
12.‍3The Governor in Council may, by order, amend the schedule
(a)to add or amend an item, in order to subject an entity to the application of this Act; or
(b)to remove or amend an item, in order to exclude an entity from the application of this Act, on the recommendation of the entity’s appropriate Minister.
9The Act is amended by adding the following after section 13:
Permanent Review of Act
Permanent review of Act by parliamentary committee
13.‍1(1)The administration of this Act shall, every five years after the day on which this section comes into force, stand referred to any committee of the Senate or the House of Commons that normally considers matters relating to the environment, or of both Houses of Parliament, that may be designated or established for that purpose.
Review and report to Parliament
(2)The committee designated or established for the purpose of subsection (1) shall, as soon as feasible, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within any further time that the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report to Parliament, including a statement of any changes to this Act or its administration that the committee would recommend.
2013, c. 33, s. 194
10The schedule to the Act is replaced by the schedule set out in the schedule to this Act.

Transitional Provisions

Subsection 7(3) of Federal Sustainable Development Act
11For the first report referred to in subsection 7(2) of the Federal Sustainable Development Act prepared after the day on which this Act comes into force, subsection 7(3) of the Federal Sustainable Development Act applies only in respect of designated entities, as defined in section 2 of that Act, that were subject to that Act before that day.
Sections 11 and 12 of Federal Sustainable Development Act
12In respect of designated entities, as defined in section 2 the Federal Sustainable Development Act, that become subject to that Act on the day on which this Act comes into force, sections 11 and 12 of the Federal Sustainable Development Act, as enacted by section 8 of this Act, apply only in respect of any Federal Sustainable Development Strategy tabled in a House of Parliament on or after that day.

Coming into Force

Order in council
13This Act comes into force on a day to be fixed by order of the Governor in Council.


SCHEDULE

(Section 10)
SCHEDULE
(Sections 2 and 12.‍3)
1  Any department named in Schedule I to the Financial Administration Act
2  Any division or branch of the federal public administration set out in column I of Schedule I.‍1 to the Financial Administration Act
3  Any corporation named in Schedule II to the Financial Administration Act



explanatory notes

Federal Sustainable Development Act
Clause 1: (1) and (2)Existing text of the definitions:
Minister means the Minister of the Environment. (ministre)
precautionary principle means the principle that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. (principe de la prudence)
target means a measurable objective. (cible)
(3)New.
Clause 2:Existing text of section 3:
3The purpose of this Act is to provide the legal framework for developing and implementing a Federal Sustainable Development Strategy that will make environmental decision-making more transparent and accountable to Parliament.
Clause 3:Existing text of section 5:
5The Government of Canada accepts the basic principle that sustainable development is based on an ecologically efficient use of natural, social and economic resources and acknowledges the need to integrate environmental, economic and social factors in the making of all decisions by government.
Clause 4:Existing text of subsection 7(2):
(2)The Office shall, at least once every three years after the day on which this Act comes into force, provide the Minister with a report on the progress of the federal government in implementing the Federal Sustainable Development Strategy. The Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.
Clause 5: (1)Relevant portion of subsection 8(1):
8(1)The Minister shall appoint a Sustainable Development Advisory Council composed of one representative from each province and territory, and three representatives from each of the following:
(a)Aboriginal peoples;
(2)New.
(3)Existing text of subsection 8(3):
(3)The representatives appointed to the Sustainable Development Advisory Council shall hold office without remuneration and shall not be reimbursed for expenses incurred in the course of their duties.
Clause 6:Existing text of subsections 9(1) and (2):
9(1)Within two years after this Act comes into force and within every three-year period after that, the Minister shall develop, in accordance with this section, a Federal Sustainable Development Strategy based on the precautionary principle.
(2)The Federal Sustainable Development Strategy shall set out federal sustainable development goals and targets and an implementation strategy for meeting each target and identify the minister responsible for meeting each target.
Clause 7:Existing text of subsections 10(2) and (3):
(2)The Minister shall table the official Federal Sustainable Development Strategy in each House of Parliament within the period referred to in subsection 9(1) or on any of the first 15 days thereafter on which that House is sitting.
(3)A Federal Sustainable Development Strategy that is tabled in a House of Parliament is deemed to be referred to the standing committee of that 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.
Clause 8:Existing text of sections 11 and 12:
11(1)Each Minister presiding over a department named in Schedule I to the Financial Administration Act, or an agency named in the schedule of this Act shall cause the department or agency to prepare a sustainable development strategy containing objectives and plans for the department or agency that complies with and contributes to the Federal Sustainable Development Strategy, appropriate to the department or agency’s mandate and shall cause the strategy to be laid before each House of Parliament within one year after the Federal Sustainable Development Strategy is first tabled in a House of Parliament under section 10.
(2)A minister to whom subsection (1) applies shall cause the sustainable development strategy of the department or agency to be updated at least once every three years and shall cause each updated strategy to be laid before each House of Parliament on any of the next 15 days on which that House is sitting after the strategy is updated.
(3)The Governor in Council may, on the recommendation of a minister presiding over a department not named in Schedule I to the Financial Administration Act, or agency not named in the schedule of this Act, direct that the requirements of subsections (1) and (2) apply in respect of the department or agency.
(4)The Governor in Council may, on the recommendation of the Minister, make regulations prescribing the form in which sustainable development strategies are to be prepared and the information required to be contained in them.
12Performance-based contracts with the Government of Canada shall include provisions for meeting the applicable targets referred to in the Federal Sustainable Development Strategy and the Departmental Sustainable Development Strategies.
Clause 9:New.

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