2001 Legislative Session: 5th Session, 36th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE IAN WADDELL
MINISTER OF ENVIRONMENT,
LANDS AND PARKS
WHEREAS British Columbians are committed to building a sustainable future;
AND WHEREAS British Columbians are committed to integrating sustainability into all activities, policies and programs to realize a sustainable future;
AND WHEREAS the government must be accountable for its actions toward sustainability;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Auditor General Act
1 The Auditor General Act, R.S.B.C. 1996, c. 23, is amended by adding the following heading before section 1:
Part 1 -- Definitions .
2 Section 1 (1) is amended by adding the following definitions:
"Commissioner" means the Commissioner for Environment and Sustainability appointed under section 21.1;
"government organization" has the same meaning as in the Budget Transparency and Accountability Act;
"sustainability" means the integration of environmental, social and economic considerations to ensure that the use, development and protection of the environment enables people to meet current needs, while ensuring that future generations can also meet their needs.
3 The following heading is added before section 2:
Part 2 -- Auditor General .
4 Section 8 (2) is amended by adding "and section 21.1 (7)" after "section".
5 The following Part is added:
Part 3 -- Commissioner for Environment and Sustainability
21.1 (1) The Auditor General must appoint a senior officer to be called the Commissioner for Environment and Sustainability from a list of candidates provided by a selection committee appointed in accordance with subsection (3).
(2) If the Auditor General is of the opinion that all candidates on the list provided by the selection committee are unsuitable, the Auditor General may ask the committee to provide another list of candidates.
(3) The selection committee referred to in subsection (1) is to be appointed by the Auditor General and must include one member of the Legislative Assembly nominated by the chair of the Government Caucus and one member of the Legislative Assembly nominated by the chair of the Official Opposition Caucus as well as representatives of environmental organizations, business, labour, first nations and the academic community.
(4) If either the chair of the Government Caucus or the chair of the Official Opposition Caucus fails to nominate a member under subsection (3) within a reasonable time, the Auditor General is not required to include the member in the selection committee.
(5) The Commissioner is to be appointed for a term of 6 years and may be re-appointed for 3 additional years by the Auditor General after consultation with the committee of the Legislative Assembly designated under section 21.4 (5).
(6) The Auditor General may only remove or suspend the Commissioner for cause or incapacity after consulting with the committee of the Legislative Assembly designated under section 21.4 (5).
(7) The Auditor General may appoint, in accordance with the Public Service Act, a person recommended by the Commissioner to be science advisor to the Commissioner.
21.2 (1) The Auditor General may set
(a) the Commissioner's remuneration at a level not exceeding the amount paid to a deputy minister, and
(b) the other terms of employment and benefits of the Commissioner at a level not exceeding those of an assistant deputy minister.
(2) The Public Service Benefit Plan Act applies to the Commissioner as an employee.
21.3 (1) The commissioner is responsible to the Auditor General and must assist the Auditor General by performing the duties set out in this Part.
(2) In performing his or her duties under this Part, the Commissioner must adhere to the professional practices and standards of the office of the Auditor General.
21.4 (1) The Commissioner must report to the Legislative Assembly
(a) annually on government, ministry and government organization progress towards sustainability, after considering
(i) any public commitment related to environment or sustainability by government, a ministry or a government organization,
(ii) strategic plans, goals, specific objectives and performance measurements related to sustainability contained within performance plans and performance reports required under the Budget Transparency and Accountability Act,
(iii) the number and nature of public submissions recorded as required by section 21.8, and
(iv) any other information the Commissioner considers relevant,
(b) once every 2 years on the state of British Columbia's ecological health, after considering
(i) performance measurements related to sustainability contained within performance plans and reports required under the Budget Transparency and Accountability Act,
(ii) information from other public and private sector organizations on the state of British Columbia's ecological health, and
(iii) any other information the Commissioner considers relevant, and
(c) at any time on other sustainability matters the Commissioner believes should be brought to the attention of the Legislative Assembly.
(2) The reports required under subsection (1) must be submitted to the Speaker of the Legislative Assembly, and the Speaker must lay each report before the Legislative Assembly as soon as possible.
(3) Reports laid before the Legislative Assembly as required under subsection (2) must be referred to the committee designated under subsection (5).
(4) If the Legislative Assembly is not sitting at the time that the Speaker receives a report under subsection (2), the Speaker must forward it directly to the committee designated under subsection (5).
(5) The Legislative Assembly must, as soon as practicable after the coming into force of this section and after each general election, designate a select standing committee of the Legislative Assembly for the purposes of this Part, and provide that committee with authority to consider the Commissioner's reports whether or not the Legislative Assembly is sitting.
21.5 (1) The Legislative Assembly or, subject to subsection (3), a select standing committee of the Legislative Assembly, may at any time refer a matter to the Commissioner for investigation and report.
(2) The Commissioner must
(a) investigate the matter referred under subsection (1), so far as it is within the Commissioner's jurisdiction, and
(b) report back as the Commissioner thinks fit.
(3) A committee of the Legislative Assembly may only refer a matter to the Commissioner under subsection (1) if at least 2/3 of the members of that committee vote to do so.
21.6 The Lieutenant Governor in Council may request the Commissioner to investigate and report on a matter.
21.7 (1) The Commissioner is under no obligation to carry out any referral under section 21.5 or request under section 21.6 if, in the opinion of the Commissioner, it would interfere with the primary responsibilities of the Commissioner.
(2) If the Commissioner decides not to carry out any referral or request, he or she must provide reasons for the opinion that it would interfere with the primary responsibilities of the Commissioner.
21.8 (1) A resident of British Columbia may make a written submission to the Commissioner about a sustainability matter that is the responsibility of a ministry or a government organization.
(2) If the Commissioner receives a submission under subsection (1), the Commissioner must make a record of the submission and forward the submission within 15 days after the day on which it is received to the appropriate ministry or government organization.
(3) When forwarding a submission, the Commissioner may make recommendations to the appropriate ministry or government organization.
(4) The Commissioner must make reference to the number and nature of any submissions received in the Commissioner's annual report to the Legislative Assembly required under section 21.4.
21.9 The committee of the Legislative Assembly designated under section 21.4 (5) must begin a comprehensive review of this Part within 5 years of the coming into force of this Part, and must submit to the Legislative Assembly, within one year after beginning the review, a report that includes any amendments recommended by the committee.
6 The following heading is added before section 22:
Part 4 -- General .
Budget Transparency and Accountability Act
7 Section 1 (1) of the Budget Transparency and Accountability Act, S.B.C. 2000, c. 23, is amended by adding the following definition:
"sustainability" means the integration of environmental, social and economic considerations to ensure that the use, development and protection of the environment enables people to meet current needs, while ensuring that future generations can also meet their needs; .
8 Section 12 (b) is repealed and the following is substituted:
(b) identify specific objectives and expected results, including specific sustainability objectives and expected results, .
9 Section 13 (4) is repealed and the following is substituted:
(4) Subject to section 19 (5) [exception if disclosure would be harmful], a performance plan under this section must be consistent with the current government strategic plan and must
(a) include a statement of goals, and identify the implications of those goals for sustainability,
(b) identify specific objectives and performance measures, including specific sustainability objectives and performance measures,
(c) in relation to a project to which section 14 [major capital project plans] applies, include the information required under that section and other prescribed information, if applicable,
(d) include specific objectives and performance measures to improve sustainability in ministry or government organization operations, and
(e) include other information the responsible minister or government organization considers appropriate.
10 Section 14 is amended by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:
(d) the project's implications for sustainability.
11 Sections 9 and 10 come into force 2 years after the coming into force of this Act.
Explanatory Notes
SECTION 1: [Auditor General Act, adds heading] adds a heading for Part 1 enabling the Act to be divided into Parts.
SECTION 2: [Auditor General Act, amends section 1 (1)] adds new definitions relating to the Commissioner for Environment and Sustainability.
SECTION 3: [Auditor General Act, adds heading] adds a heading for Part 2.
SECTION 4: [Auditor General Act, amends section 8 (2)] adds a reference to section 21.1 (6) to provide that the Auditor General is deemed to be a deputy minister with respect to the application of the Public Service Act for the science advisor hired under that section.
SECTION 5: [Auditor General Act, adds Part 3]
SECTION 6: [Auditor General Act, adds heading] adds a heading for Part 4.
SECTION 7: [Budget Transparency and Accountability Act, amends section 1 (1)] adds a definition of "sustainability".
SECTION 8: [Budget Transparency and Accountability Act, repeals and replaces section 12 (b)] provides that the government strategic plan must include sustainability objectives and expected results.
SECTION 9: [Budget Transparency and Accountability Act, repeals and replaces section 13 (4)] provides that performance plans for ministries and government organizations must include information relating to sustainability.
SECTION 10: [Budget Transparency and Accountability Act, amends section 14] provides that major capital project plans must state the project's implications for sustainability.
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