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ENVI Committee Report

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Bill C-12, An Act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050
In accordance with its Order of Reference of Tuesday, May 4, 2021, your Committee has considered Bill C-12, An Act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050, and agreed on Wednesday, June 9, 2021, to report it with the following amendments:

Preamble

That Bill C-12, in the preamble, be amended by adding after line 27 on page 1 the following:

“Whereas the Government of Canada has both international greenhouse gas emissions reporting obligations under the United Nations Framework Convention on Climate Change, including the national inventory report, the nationally determined contribution, the biennial report and the biennial transparency report, and domestic reporting obligations under Acts of Parliament, including the annual report under the Greenhouse Gas Pollution Pricing Act and the Minister of the Environment’s obligations under the Pan-Canadian Framework on Clean Growth and Climate Change, and it wishes to improve transparency and accountability in respect of greenhouse gas emissions targets by providing additional domestic reporting obligations;”

That Bill C-12, in the preamble, be amended by replacing line 6 on page 2 with the following:

“change, including by taking Indigenous knowledge into account when carrying out the purposes of this Act;”

That Bill C-12, in the preamble, be amended by replacing line 12 on page 2 with the following:

“quires immediate and ambitious action by all governments in”

Clause 2

That Bill C-12, in Clause 2, be amended by adding after line 29 on page 2 the following:

Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)”

Clause 4

That Bill C-12, in Clause 4, be amended by replacing line 14 on page 3 with the following:

“and to promote transparency, accountability and immediate and ambitious action in rela-”

New Clause 6.1

That Bill C-12 be amended by adding after line 22 on page 3 the following new clause:

“For greater certainty

6.1 For greater certainty, nothing in this Act precludes attaining net-zero emissions before 2050.”

Clause 7

That Bill C-12, in Clause 7, be amended by replacing line 26 on page 3 to line 3 on page 4 with the following:

“(1.1) Each greenhouse gas emissions target must represent a progression beyond the previous one.

(2) The national greenhouse gas emissions target for 2030 is Canada’s nationally determined contribution for that year, communicated under the Paris Agreement, as amended from time to time.

(3) Each greenhouse gas emissions target must be as ambitious as Canada’s most recent nationally determined contribution communicated under the Paris Agreement.”

That Bill C-12, in Clause 7, be amended by replacing line 5 on page 4 with the following:

“greenhouse gas emissions target at least 9 years 366 days before”

That Bill C-12, in Clause 7, be amended by adding after line 6 on page 4 the following:

“(5) Within one year after a greenhouse gas emissions target is set for a milestone year after 2030, the Minister must publish a high level description, similar to Canada’s nationally determined contribution communicated under the Paris Agreement, of the key greenhouse gas emissions reduction measures the Government of Canada intends to take to achieve that target and the latest projections of the annual greenhouse gas emissions, taking into account the combined impact of those measures in the period between the publication of the description and the milestone year in question.”

Clause 8

That Bill C-12, in Clause 8, be amended by replacing lines 8 to 10 on page 4 with the following:

“Minister must take into account

(a) the best scientific information available;

(b) Canada’s international commitments with respect to climate change;

(c) Indigeneous knowledge; and

(d) submissions provided by the advisory body under section 13 and advice it provided in its report under subsection 22(1).”

Clause 9

That Bill C-12, in Clause 9, be amended by adding after line 16 on page 4 the following:

“(2.1) The emissions reduction plan for 2030 must include an interim greenhouse gas emissions objective for 2026.”

That Bill C-12, in Clause 9, be amended by adding after line 22 on page 4 the following:

“(5) When establishing a greenhouse gas emissions reduction plan, the Minister must take into account the United Nations Declaration on the Rights of Indigenous Peoples, the submissions provided by the advisory body under section 13 and advice it provided in its report under subsection 22(1), and any other considerations that are relevant to the purpose of this Act.”

Clause 10

That Bill C-12, in Clause 10, be amended by

(a) adding after line 25 on page 4 the following:

“(a.1) a summary of Canada’s most recent official greenhouse gas emissions inventory and information relevant to the plan that Canada submitted under its international commitments with respect to climate change;”

(b) adding after line 28 on page 4 the following:

“(b.1) a description of how Canada’s international commitments with respect to climate change are taken into account in the plan;”

(c) adding after line 32 on page 4 the following:

“(e) a projected timetable for implementation for each of the measures and strategies described in paragraphs (a) to (d);

(f) projections of the annual greenhouse gas emission reductions resulting from those combined measures and strategies, including projections for each economic sector that is included in Canada’s reports under the Convention; and

(g) a summary of key cooperative measures or agreements with provinces and other governments in Canada.”

New Clause 13.1

That Bill C-12 be amended by adding after line 29 on page 5 the following new clause:

“Report

13.1 The Minister must publish on a Government of Canada website, and by any other means that the Minister considers appropriate, a report on the results of the consultations carried out under section 13.”

Clause 14

That Bill C-12, in Clause 14, be amended by adding after line 34 on page 5 the following:

“(1.1) In consultation with the ministers referred to in section 12, the Minister must prepare a progress report in respect of the first milestone year by no later than the end of 2023, another by no later than the end of 2025 and another by no later than the end of 2027.

(1.2) The 2025 progress report must contain an assessment of the 2030 greenhouse gas emissions target, based on the most recent developments in science, technology and greenhouse gas emissions management, and the Minister must consider whether the target should be changed, based on those developments.”

That Bill C-12, in Clause 14, be amended by

(a) adding after line 2 on page 6 the following:

“(a.1) Canada’s most recent published greenhouse gas emissions projections for the next milestone year;

(a.2) a summary of Canada’s most recent official greenhouse gas emissions inventory and the information, relevant to the report, that Canada submitted under its international commitments with respect to climate change;”

(b) replacing line 6 on page 6 with the following:

“sions reduction plan and, if available, updated projections of annual greenhouse gas emission reductions resulting from those combined measures and strategies;

(b.1) an update on the implementation of the key cooperative measures or agreements with provinces or other governments in Canada described in the relevant emissions reduction plan;

(b.2) if the projections indicate that the plan’s greenhouse gas emissions target will not be met, details of any additional measures that could be taken to increase the probability of achieving that target; and”

(c) replacing lines 8 to 11 on page 6 with the following:

“appropriate.”

That Bill C-12, in Clause 14, be amended by adding after line 11 on page 6 the following:

“(3) Any progress report relating to 2030 must include an update on the progress that has been made towards achieving the interim greenhouse gas emissions objective for 2026.”

Clause 15

That Bill C-12, in Clause 15, be amended by

(a) replacing lines 20 and 21 on page 6 with the following:

“(a) a summary of Canada’s most recent official greenhouse gas emissions inventory and information, relevant to the report, that Canada submitted under its international commitments with respect to climate change;”

(b) adding after line 29 on page 6 the following:

“(c.1) an assessment of how the key cooperative measures or agreements with provinces or other governments in Canada described in the relevant emissions reduction plan contributed to Canada’s efforts to achieve the national greenhouse gas emissions target for that year;”

Clause 20

That Bill C-12, in Clause 20, be amended by

(a) replacing lines 6 and 7 on page 8 with the following:

“Establishment and mandate

20 (1) There is established an advisory body, called the Net-Zero Advisory Body, whose mandate is to provide the Minister with independent advice with re-”

(b) replacing lines 9 to 13 on page 8 with the following:

“advice respecting

(a) greenhouse gas emissions targets under section 7;

(b) greenhouse gas emissions reduction plans under section 9, including measures and sectoral strategies that the Government of Canada could implement to achieve a greenhouse gas emissions target; and

(c) any matter referred to it by the Minister.

Engagement activities

(1.1) The advisory body’s mandate also includes conducting engagement activities related to achieving net-zero emissions.”

That Bill C-12, in Clause 20, be amended by replacing line 15 on page 8 with the following:

“reference of the advisory body and must make any terms of reference or amendments to those terms available to the public.”

Clause 21

That Bill C-12, in Clause 21, be amended by adding after line 18 on page 8 the following:

“(1.1) When making a recommendation, the Minister must consider the need for the advisory body as a whole to have expertise in, or knowledge of,

(a) climate change science, including the environmental, ecological, social, economic and distributional effects of climate change;

(b) Indigenous knowledge;

(c) other relevant physical and social sciences, including economic analysis and forecasting;

(d) climate change and climate policy at the national, subnational and international levels, including the likely effects and efficacy of potential responses to climate change;

(e) energy supply and demand; and

(f) relevant technologies.”

Clause 22

That Bill C-12, in Clause 22, be amended by replacing line 2 on page 9 with the following:

“to the Minister with respect to its advice and activities, including setting out the result of its engagement activities.”

That Bill C-12, in Clause 22, be amended by adding after line 2 on page 9 the following:

“(1.1) When providing its advice and preparing its report, the advisory body must take into account a range of factors, to the extent they are relevant to the purpose of this Act including environmental, economic, social and technological and the best available scientific information and knowledge, including Indigenous knowledge, respecting climate change.”

That Bill C-12, in Clause 22, be amended by replacing lines 3 and 4 on page 9 with the following:

“Minister’s response

(2) The Minister must make the annual report available to the public within 30 days of receiving it and then, within 120 days of receiving that report, the Minister must publicly respond to the advice that the advisory body includes in it with respect to matters referred in paragraphs 20(1)(a) to (c), including any national greenhouse gas emissions target that is recommended by the advisory body if the Minister has set a target that is different from it.”

Clause 24

That Bill C-12, in Clause 24, be amended by adding after line 28 on page 9 the following:

“(4) The first report must be submitted no later than the end of 2024.”

Clause 26

That Bill C-12, in Clause 26, be amended by adding after line 17 on page 10 the following:

“(2) Any regulation made under subsection (1) must align with the international standards to which Canada adheres.”

Clause 27

That Bill C-12, in Clause 27, be amended by replacing line 20 on page 10 with the following:

“made under subsection 9(3) and any terms of ref-”

New Clause 27.1

That Bill C-12 be amended by adding after line 23 on page 10 the following new clause:

“27.1 Five years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.”

Your Committee has ordered a reprint of Bill C-12, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 32 to 39) is tabled.