Bill C-619

2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-619

An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change

Whereas climate change poses a serious threat to the economic well-being, public health, natural resources and environment of Canada;

Whereas the impacts of climate change are already being felt in Canada, particularly in the Arctic;

Whereas 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;

Whereas scientific research has also identified the atmospheric concentration levels at which greenhouse gases must be stabilized in order to keep global warming to within two degrees and thereby prevent dangerous climate change;

And whereas this legislation is intended to ensure that Canada reduces greenhouse gas emissions to an extent similar to that required by all industrial­ized 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 and ocean acidification;

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 domestic 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.

“greenhouse gases” means the following substances, as they appear on the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999:

(a) carbon dioxide, which has the molecular formula CO₂;

(b) methane, which has the molecular formula CH₄;

(c) nitrous oxide, which has the molecular formula N₂O;

(d) hydrofluorocarbons, which have the molecular formula C_nH_xF_(2n+2-x) in which 0<n<6;

(e) the following perfluorocarbons:

(i) those that have the molecular formula C_nF_2n+2 in which 0<n<7, and

(ii) octafluorocyclobutane, which has the molecular formula C₄F₈; and

(f) sulphur hexafluoride, which has the molecular formula SF₆.

“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 UNFCCC.

“target plan” means the interim Canadian greenhouse gas emissions target plan referred to in subsection 6(1).

“UNFCCC” means the United Nations Framework Convention on Climate Change.

“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 must ensure that Canadian greenhouse gas emissions are reduced, subject to the ultimate objectives of the UNFCCC,

(a) as a long-term target, to a level that is at least 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 34% below the 1990 level by the year 2025.

INTERIM CANADIAN GREENHOUSE GAS EMISSIONS TARGET PLAN

6. (1) The Minister must, within six months after this Act receives royal assent, prepare and cause to be laid before each House of Parliament an interim Canadian greenhouse gas emissions target plan for the years 2020, 2025, 2030, 2035, 2040 and 2045. The target plan must

(a) establish a Canadian greenhouse gas emissions target for each of those years;

(b) specify the scientific, economic and technological evidence and analysis used to establish each target, including consideration of the latest reports from the Intergovernmental Panel on Climate Change and the most stringent greenhouse gas emissions targets adopted by other foreign governments; and

(c) show that each target is consistent with an ambitious and equitable contribution by Canada, comparable in effort to the contributions of all developed countries as a group, to the UNFCCC’s ultimate objective of preventing dangerous anthropogenic interference with the climate system.

(2) The Minister must review the target plan at least once every five years commencing with the year 2020, and any revised target plan is to be subject to all the requirements of subsection (1).

(3) The Minister must also review the target plan if a carbon budget for Canada is established within the context of the UNFCCC or any other relevant international or multi-lateral agreement, in which case the Minister must demonstrate that the reviewed plan can ensure that overall cumulative Canadian greenhouse gas emissions remain within the limits set by that carbon budget.

REGULATIONS

7. (1) The Governor in Council may make regulations under this Act within the limits of federal constitutional authority

(a) limiting the amount of greenhouse gases that may be released into the environment;

(b) limiting the amount of greenhouse gases that may be released in each province by applying to each province the commitment made under section 5 and the interim Canadian greenhouse gas emission targets referred to in section 6, or limiting the amount of greenhouse gases that may be released in each province to an amount agreed to by each province, provided that the sum of the amounts of all provinces does not exceed the amount provided for in the commitment made under section 5 and the interim Canadian greenhouse gas emission targets referred to in section 6;

(c) establishing performance standards designed to limit greenhouse gas emissions;

(d) respecting the use or production of any equipment, technology, fuel, vehicle or process in order to limit greenhouse gas emissions;

(e) respecting permits or approvals for the release of any greenhouse gas;

(f) respecting trading in greenhouse gas emission reductions, removals, permits, credits, or other units;

(g) respecting monitoring, inspections, investigations, reporting, enforcement, penalties or other matters to promote compliance with regulations made under this Act;

(h) designating the contravention of a provision or class of provisions of the regulations by a person or class of persons as an offence punishable by way of indictment or on summary conviction and prescribing, for a person or class of persons, the amount of the fine and imprisonment for the offence; and

(i) respecting any other matter that is necessary to carry out the purposes of this Act.

(2) Despite paragraph (1)(b), and for greater certainty, each province may take any measure that it considers appropriate to limit greenhouse gas emissions.

8. At least 60 days before making any regulations under this Act, the Governor in Council must 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. (1) The Governor in Council must 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, particularly discussions and negotiations resulting from decisions of the Conference of the Parties to the UNFCCC, 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, pursuant to section 7, the necessary regulations under this Act.

(2) Regulations made under subsection (1) to ensure Canada meets the target referred to in paragraph 5(a) and each of the interim Canadian greenhouse gas emission targets referred to in section 6 must be made, amended or repealed under paragraph 9(1)(c)

(a) on or before the day that is six months after the day on which this Act receives royal assent, in the case of the target for 2020;

(b) on or before December 31, 2018, in the case of the target for 2025; and

(c) at least 10 years before the start of the year to which the target applies, in the case of all the other targets.

(3) In ensuring that Canada fully meets its commitments under sections 5 and 6, pursuant to subsections (1) and (2), the Governor in Council may take into account any reductions in greenhouse gas emissions that are reasonably expected to result from the implementation of other governmental measures, including spending and federal-provincial agreements.

EXPECTED REDUCTIONS

10. (1) On or before May 31 of each year, the Minister must 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 perform­ance standards,

(ii) market-based mechanisms such as emissions trading or offsets,

(iii) spending or fiscal incentives, including a just transition fund for the industry, and

(iv) cooperation or agreements with prov­inces, territories or other governments;

(b) the Canadian greenhouse gas emission reductions that are reasonably expected to result from each of those measures in each of the next 10 years; and

(c) the level of Canadian greenhouse gas emissions in each of the following 10 years to be used as a baseline to quantify the reductions referred to in paragraph (b).

(2) The Minister must

(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 then sitting, 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 way of 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 a subsequent offence, 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 mandatary 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 mandatary of the accused, whether or not the employee, agent or mandatary has been prosecuted for the offence.

REPORT

13. (1) At least once every two years after this Act comes into force, the Commissioner must prepare a report that includes

(a) an analysis of Canada’s progress in implementing the measures proposed in the statement referred to in subsection 10(2);

(b) an analysis of Canada’s progress in meeting its commitment under section 5 and the interim Canadian greenhouse gas emission targets referred to in section 6; and

(c) any observations and recommendations on any matter that the Commissioner considers relevant.

(2) The Commissioner must publish the report in any manner the Commissioner considers appropriate within the period referred to in subsection (1).

(3) The Commissioner must submit the report to the Speaker of the House of Commons on or before the day it is published, and the Speaker must table the report in the House on any of the first three days on which that House is sitting after the Speaker receives it.