Kyoto Protocol Implementation Act (S.C. 2007, c. 30)
Full Document:
Act current to 2012-05-14
Kyoto Protocol Implementation Act
S.C. 2007, c. 30
Assented to 2007-06-22
An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol
Preamble
Recognizing that
Canadians have a deep pride in their natural environment, and in being responsible stewards of their land,
Canada is committed to the principle of environmentally sustainable development,
a healthy economy and a healthy society depend on a healthy environment,
Canadians want to take responsibility for their environmental problems, and not pass those problems on to future generations,
global climate change is one of the most serious threats facing humanity and Canada, and poses significant risks to our environment, economy, society and human health,
the national science academies of Canada, Brazil, China, France, Germany, India, Italy, Japan, Russia, the United Kingdom and the United States declared the following in June 2005: “The scientific understanding of climate change is now sufficiently clear to justify nations taking prompt action. It is vital that all nations identify cost-effective steps that they can take now, to contribute to substantial and long-term reduction in net global greenhouse gas emissions.”,
climate change is a global problem that crosses national borders,
Canada has a clear responsibility to take action on climate change, given that our per capita greenhouse gas emissions and wealth are among the highest in the world, and that some of the most severe impacts of climate change are already unfolding in Canada, particularly in the Arctic,
the objective of the United Nations Framework Convention on Climate Change (UNFCCC) is “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”,
Canada has ratified the UNFCCC, which entered into force in 1994,
the Kyoto Protocol requires that Canada reduce its average annual greenhouse gas emissions during the period 2008-2012 to six per cent below their level in 1990,
Canada ratified the Kyoto Protocol in 2002 following a majority vote in Parliament, and the Protocol entered into force in 2005,
this legislation is intended to meet, in part, Canada’s obligations under the UNFCCC and the Kyoto Protocol, and
the problem of climate change requires immediate action by all governments in Canada as well as by corporations and individual Canadians,
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
Marginal note:Short title
1. This Act may be cited as the Kyoto Protocol Implementation Act.
INTERPRETATION
Marginal note:Definitions
2. The definitions in this section apply in this Act.
“Climate Change Plan”
« Plan sur les changements climatiques »
“Climate Change Plan” means a plan that meets the conditions set out in section 5.
“greenhouse gas”
« gaz à effet de serre »
“greenhouse gas” means one of the greenhouse gases listed in Annex A to the Kyoto Protocol.
“Kyoto Protocol”
« Protocole de Kyoto »
“Kyoto Protocol” means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, agreed to on December 11, 1997 at Kyoto, Japan, and ratified by Canada on December 17, 2002, as amended from time to time, to the extent that the amendment is binding on Canada.
“Minister”
« ministre »
“Minister” means the Minister of the Environment.
PURPOSE
Marginal note:Purpose
3. The purpose of this Act is to ensure that Canada takes effective and timely action to meet its obligations under the Kyoto Protocol and help address the problem of global climate change.
HER MAJESTY
Marginal note:Binding on Her Majesty
4. This Act is binding on Her Majesty in Right of Canada.
CLIMATE CHANGE PLAN
Marginal note:Climate Change Plan
5. (1) Within 60 days after this Act comes into force and not later than May 31 of every year thereafter until 2013, the Minister shall prepare a Climate Change Plan that includes
(a) a description of the measures to be taken to ensure that Canada meets its obligations under Article 3, paragraph 1, of the Kyoto Protocol, including measures respecting
(i) regulated emission limits and performance standards,
(ii) market-based mechanisms such as emissions trading or offsets,
(iii) spending or fiscal measures or incentives,
(iii.1) a just transition for workers affected by greenhouse gas emission reductions, and
(iv) cooperative measures or agreements with provinces, territories or other governments;
(b) for each measure referred to in paragraph (a),
(i) the date on which it will come into effect, and
(ii) the amount of greenhouse gas emission reductions that have resulted or are expected to result for each year up to and including 2012, compared to the levels in the most recently available emission inventory for Canada;
(c) the projected greenhouse gas emission level in Canada for each year from 2008 to 2012, taking into account the measures referred to in paragraph (a), and a comparison of those levels with Canada’s obligations under Article 3, paragraph 1, of the Kyoto Protocol;
(d) an equitable distribution of greenhouse gas emission reduction levels among the sectors of the economy that contribute to greenhouse gas emissions;
(e) a report describing the implementation of the Climate Change Plan for the previous calendar year; and
(f) a statement indicating whether each measure proposed in the Climate Change Plan for the previous calendar year has been implemented by the date projected in the Plan and, if not, an explanation of the reason why the measure was not implemented and how that failure has been or will be redressed.
Marginal note:Provinces
(2) A Climate Change Plan shall respect provincial jurisdiction and take into account the relative greenhouse gas emission levels of provinces.
Marginal note:Publication
(3) The Minister shall publish
(a) within 2 days after the expiry of each period referred to in subsection (1), a Climate Change Plan in any manner the Minister considers appropriate, with an indication that persons may submit comments about the Plan to the Minister within 30 days of the Plan’s publication; and
(b) within 10 days after the expiry of each period referred to in subsection (1), a notice of the publication of the Plan in the Canada Gazette.
Marginal note:Tabling
(4) The Minister shall table each Climate Change Plan in each House of Parliament by the day set out in subsection (1) or on any of the first three days on which that House is sitting after that day.
Marginal note:Committee
(5) A Climate Change Plan that is laid before 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 that House may designate for the purposes of this section.