HONOURABLE GEORGE HEYMAN
MINISTER OF ENVIRONMENT
AND CLIMATE CHANGE STRATEGY

BILL 38 – 2019

CLIMATE CHANGE ACCOUNTABILITY
AMENDMENT ACT, 2019

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Climate Change Accountability Act, section 1] adds definitions consequential to amendments made by this Bill to the Act.

1 Section 1 of the Climate Change Accountability Act, S.B.C. 2007, c. 42, is amended by adding the following definitions:

"budget" means a budget presented to the Legislative Assembly under section 6 of the Budget Transparency and Accountability Act;

"climate change risks" means the risks to BC that could reasonably be expected to result from a changing climate;

"fiscal year" means the period from April 1 in one year to March 31 in the subsequent year;

"motor vehicle" means

(a) a motor vehicle as defined in the Motor Vehicle Act, and

(b) a prescribed vehicle or class of vehicles;

"zero-emission vehicle" has the same meaning as in the Zero-Emission Vehicles Act.

SECTION 2: [Climate Change Accountability Act, section 2] requires the minister to establish certain greenhouse gas emissions targets.

2 Section 2 is amended

(a) by repealing subsection (2),

(b) by adding the following subsection:

(2.1) By December 31, 2020, the minister must, by order, establish a BC greenhouse gas emissions target for a specified year that is earlier than 2030. ,

(c) in subsection (3) by striking out "The minister" and substituting "After December 31, 2020, the minister", and

(d) by repealing subsection (4) and substituting the following:

(4) The minister

(a) must, by order made by March 31, 2021, establish greenhouse gas emissions targets for individual sectors, and

(b) must review those targets before the end of 2025 and at least once every 5 years after the first review.

(5) After March 31, 2021, the minister may, by order, establish other greenhouse gas emissions targets for individual sectors.

SECTION 3: [Climate Change Accountability Act, section 4] repeals the requirement to report biannually on progress toward meeting the emissions targets.

3 Section 4 is repealed.

SECTION 4: [Climate Change Accountability Act, Part 1.1] repeals a Part.

4 Part 1.1 is repealed.

SECTION 5: [Climate Change Accountability Act, Part 1.2] adds a Part that requires the minister to establish an advisory committee and lay an annual report before the Legislative Assembly.

5 The following Part is added:

Part 1.2 – Climate Change Accountability Framework

Advisory committee

4.2  (1) The minister must appoint an advisory committee to provide advice to the minister as set out in subsection (2).

(2) Each calendar year, the advisory committee must, in accordance with terms of reference established by the minister, provide advice to the minister on matters respecting climate change, including the following:

(a) plans and actions to achieve the targets referred to in section 2;

(b) plans and actions to mitigate and manage climate change risks;

(c) opportunities for sustainable economic development and job creation while the Province is transitioning to a low-carbon economy;

(d) the effects on individuals and businesses that result from actions to address climate change, including actions to

(i) reduce greenhouse gas emissions, and

(ii) manage climate change risks;

(e) any other matters specified by the minister respecting climate change.

(3) The advisory committee may consist of up to 20 members, at least half of whom must be women.

(4) The advisory committee must include at least one representative from each of the following groups:

(a) Indigenous peoples;

(b) local governments;

(c) environmental organizations;

(d) academics;

(e) unions;

(f) persons living in rural and remote communities;

(g) the business community.

(5) The minister must publish the names of the members of the advisory committee on a publicly accessible website maintained by the ministry of the minister.

(6) The term of an advisory committee member's appointment may not exceed 6 years.

(7) Members of the advisory committee are to be reimbursed for travelling and out-of-pocket expenses reasonably incurred by them in discharging their duties under this Act.

Minister's report on climate change risks
and progress toward targets

4.3  (1) In 2020, and in each subsequent calendar year, on or after October 1, the minister must prepare a report that includes all of the following:

(a) a determination of the BC greenhouse gas emissions in the most recent calendar year for which measurements of BC greenhouse gas emissions are available;

(b) an estimate, based on the most recent budget and greenhouse gas emissions data in the provincial inventory, of the BC greenhouse gas emissions in each of the following years:

(i) the calendar year in which the report is prepared;

(ii) the subsequent 2 years;

(c) an estimate of the BC greenhouse gas emissions in each calendar year between the years referred to in paragraphs (a) and (b) (i);

(d) a description of the actions taken, including expenditures, during the previous fiscal year to

(i) reduce BC greenhouse gas emissions, and

(ii) manage climate change risks;

(e) a description of the actions proposed, including planned expenditures, in the most recent budget to

(i) reduce BC greenhouse gas emissions, and

(ii) manage climate change risks;

(f) the outcomes that could reasonably be expected to result from the actions referred to in paragraphs (d) and (e);

(g) the advice received by the minister under section 4.2 (2);

(h) plans to continue progress toward

(i) achieving the targets referred to in section 2, and

(ii) managing climate change risks;

(i) any other prescribed matters.

(2) In 2020, and in every fifth calendar year after that, the report must include a determination of climate change risks.

(3) In a year not referred to in subsection (2), the report must include the most recent information about climate change risks.

(4) The minister must lay the report prepared in accordance with this section before the Legislative Assembly

(a) during the calendar year in which the report is prepared, or

(b) if the report is completed after the last day that the Legislative Assembly sits in a calendar year, during the first sitting of the Legislative Assembly in the subsequent calendar year.

SECTION 6: [Climate Change Accountability Act, heading to Part 2] amends the heading to Part 2 of the Act consequential to amendments made by this Bill to the Act.

6 The heading to Part 2 is repealed and the following substituted:

Part 2 – Public Sector Climate Change Accountability .

SECTION 7: [Climate Change Accountability Act, section 6.1] requires public sector organizations to comply with requirements and achieve targets intended to manage climate change risks and minimize adverse environmental effects.

7 The following section is added:

Public sector buildings and fleets

6.1  A public sector organization must manage the risks to the public sector organization that could reasonably be expected to result from a changing climate and minimize the public sector organization's adverse environmental effects by complying with the prescribed requirements and achieving the prescribed targets respecting

(a) buildings owned or leased by the public sector organization,

(b) motor vehicles and other mobile combustion sources owned or leased by the public sector organization, and

(c) the fuels used in or by the things referred to in paragraphs (a) and (b), that are owned or leased by the public sector organization, and the infrastructure used to dispense those fuels.

SECTION 8: [Climate Change Accountability Act, section 7] repeals the requirement for the minister to report annually on actions taken and plans made by the Provincial government to achieve carbon neutrality.

8 Section 7 is repealed.

SECTION 9: [Climate Change Accountability Act, section 7.1] adds new requirements for the minister to report annually on actions taken and plans made by the Provincial government to achieve carbon neutrality, and on actions taken to comply with prescribed requirements and achieve prescribed targets.

9 The following section is added:

Climate change accountability report – Provincial government

7.1  (1) Beginning with a report for the 2020 calendar year, and continuing with a report for each subsequent calendar year, the minister must prepare, and make public no later than the end of June of the following calendar year, a climate change accountability report in accordance with this section.

(2) A climate change accountability report prepared in accordance with this section must include the following:

(a) a description of the actions taken by the Provincial government in the relevant calendar year to minimize its PSO greenhouse gas emissions;

(b) the Provincial government's plans to continue minimizing those emissions;

(c) a determination of the Provincial government's PSO greenhouse gas emissions for the relevant calendar year;

(d) a statement of the offset units retired on behalf of the Provincial government in relation to those emissions;

(e) a description of the actions taken by the Provincial government in the relevant calendar year to comply with the requirements and to achieve the targets prescribed for the purposes of section 6.1;

(f) any other prescribed information.

SECTION 10: [Climate Change Accountability Act, section 8] repeals the requirement for public sector organizations to report annually on actions taken and plans made to achieve carbon neutrality.

10 Section 8 is repealed.

SECTION 11: [Climate Change Accountability Act, section 8.1] adds new requirements for public sector organizations to report annually on actions taken and plans made to achieve carbon neutrality, and on actions taken to comply with prescribed requirements and achieve prescribed targets.

11 The following section is added:

Climate change accountability report –
other public sector organizations

8.1  (1) Beginning with a report for the 2020 calendar year, and continuing with a report for each subsequent calendar year, each public sector organization other than the Provincial government must prepare, and make public no later than the end of June of the following calendar year, a climate change accountability report in accordance with this section.

(2) A climate change accountability report prepared in accordance with this section must include the following:

(a) a description of the actions taken by the public sector organization in the relevant calendar year to minimize its PSO greenhouse gas emissions;

(b) the public sector organization's plans to continue minimizing those emissions;

(c) a determination of the public sector organization's PSO greenhouse gas emissions for the relevant calendar year;

(d) a statement of the offset units retired on behalf of the public sector organization in relation to those emissions;

(e) a description of the actions taken by the public sector organization in the relevant calendar year to comply with the requirements and to achieve the targets prescribed for the purposes of section 6.1;

(f) any other prescribed information.

SECTION 12: [Climate Change Accountability Act, section 11.1] provides that the Offence Act does not apply to the Act or the regulations.

12 The following section is added:

Section 5 of Offence Act does not apply

11.1  Section 5 of the Offence Act does not apply to this Act or the regulations.

SECTION 13: [Climate Change Accountability Act, section 12]

13 Section 12 (2) is amended

(a) in paragraph (b.1) by striking out "section 4.1" and substituting "section 4.3",

(b) by adding the following paragraphs:

(h.1) prescribing requirements and targets respecting buildings referred to in section 6.1 (a), including, without limitation, requirements and targets respecting

(i) energy efficiency, energy use, greenhouse gas emissions and adverse environmental effects,

(ii) standards relating to energy efficiency, greenhouse gas emissions and environmental effects,

(iii) assessing and planning to minimize the PSO greenhouse gas emissions, energy use and adverse environmental effects resulting from the use of buildings,

(iv) assessing, managing and reporting on the risks to buildings that could reasonably be expected to result from a changing climate, and

(v) building design, construction, commissioning, retrofitting, decommissioning, demolition, operation and maintenance;

(h.2) prescribing requirements and targets respecting motor vehicles and other mobile combustion sources referred to in section 6.1 (b), including, without limitation, requirements and targets respecting

(i) the purchase or lease of zero-emission vehicles,

(ii) the purchase or lease of motor vehicles and other mobile combustion sources that are capable of using specified fuels,

(iii) fuel efficiency, and

(iv) assessing and planning to minimize the PSO greenhouse gas emissions resulting from the use of motor vehicles and other mobile combustion sources;

(h.3) prescribing requirements and targets respecting fuels and infrastructure referred to in section 6.1 (c), including, without limitation, requirements and targets respecting

(i) the use of specified fuels, and

(ii) the installation of infrastructure to dispense electricity or other fuels;

(h.4) prescribing circumstances in which a public sector organization is not required to comply with a requirement or achieve a target prescribed for the purposes of section 6.1; ,

(c) in paragraph (i) by striking out "section 7 or 8 [carbon neutral action reports]" and substituting "section 7.1 or 8.1 [climate change accountability reports]", and

(d) in paragraph (j) by striking out "section 8 [carbon neutral action reports]" and substituting "section 8.1 [climate change accountability reports]".

Commencement

14  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item Column 1
Provisions of Act
Column 2
Commencement
1 Anything not elsewhere covered by this table The date of Royal Assent
2 Section 8 December 31, 2020
3 Section 10 December 31, 2020

 
Explanatory Notes

SECTION 1: [Climate Change Accountability Act, section 1] adds definitions consequential to amendments made by this Bill to the Act.

SECTION 2: [Climate Change Accountability Act, section 2] requires the minister to establish certain greenhouse gas emissions targets.

SECTION 3: [Climate Change Accountability Act, section 4] repeals the requirement to report biannually on progress toward meeting the emissions targets.

SECTION 4: [Climate Change Accountability Act, Part 1.1] repeals a Part.

SECTION 5: [Climate Change Accountability Act, Part 1.2] adds a Part that requires the minister to establish an advisory committee and lay an annual report before the Legislative Assembly.

SECTION 6: [Climate Change Accountability Act, heading to Part 2] amends the heading to Part 2 of the Act consequential to amendments made by this Bill to the Act.

SECTION 7: [Climate Change Accountability Act, section 6.1] requires public sector organizations to comply with requirements and achieve targets intended to manage climate change risks and minimize adverse environmental effects.

SECTION 8: [Climate Change Accountability Act, section 7] repeals the requirement for the minister to report annually on actions taken and plans made by the Provincial government to achieve carbon neutrality.

SECTION 9: [Climate Change Accountability Act, section 7.1] adds new requirements for the minister to report annually on actions taken and plans made by the Provincial government to achieve carbon neutrality, and on actions taken to comply with prescribed requirements and achieve prescribed targets.

SECTION 10: [Climate Change Accountability Act, section 8] repeals the requirement for public sector organizations to report annually on actions taken and plans made to achieve carbon neutrality.

SECTION 11: [Climate Change Accountability Act, section 8.1] adds new requirements for public sector organizations to report annually on actions taken and plans made to achieve carbon neutrality, and on actions taken to comply with prescribed requirements and achieve prescribed targets.

SECTION 12: [Climate Change Accountability Act, section 11.1] provides that the Offence Act does not apply to the Act or the regulations.

SECTION 13: [Climate Change Accountability Act, section 12]