Climate Change Accountability Act

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

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

This bill was previously introduced in the 39th Parliament, 1st Session.

Sponsor

Jack Layton  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (Senate), as of June 10, 2008
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

The purpose of this enactment is to ensure that
Canada meets its global climate change obligations
under the United Nations Framework Convention
on Climate Change by committing to a long-term
target to reduce Canadian greenhouse gas emissions
to a level that is 80% below the 1990 level by
the year 2050, and by establishing interim targets for the
period 2015 to 2045. It creates an obligation on
the Commissioner of the Environment and Sustainable
Development to review proposed measures to meet the
targets and submit a report to Parliament.
It also sets out the duties of the National Round Table on the Environment and the Economy.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 4, 2008 Passed That the Bill be now read a third time and do pass.
June 4, 2008 Passed That Bill C-377, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change, as amended, be concurred in at report stage with further amendments.
June 4, 2008 Passed That Bill C-377 be amended by adding after line 12 on page 9 the following new clause: “NATIONAL ROUND TABLE ON THE ENVIRONMENT AND THE ECONOMY 13.2 (1) Within 180 days after the Minister prepares the target plan under subsection 6(1) or prepares a revised target plan under subsection 6(2), the National Round Table on the Environment and the Economy established by section 3 of the National Round Table on the Environment and the Economy Act shall perform the following with respect to the target plan or revised target plan: ( a) undertake research and gather information and analyses on the target plan or revised target plan in the context of sustainable development; and ( b) advise the Minister on issues that are within its purpose, as set out in section 4 of the National Round Table on the Environment and the Economy Act, including the following, to the extent that they are within that purpose: (i) the quality and completeness of the scientific, economic and technological evidence and analyses used to establish each target in the target plan or revised target plan, and (ii) any other matters that the National Round Table considers relevant. (2) The Minister shall ( a) within three days after receiving the advice referred to in paragraph (1)(b): (i) publish it in any manner that the Minister considers appropriate, and (ii) submit it to the Speakers of the Senate and the House of Commons and the Speakers shall table it in their respective Houses on any of the first three days on which that House is sitting after the day on which the Speaker receives the advice; and ( b) within 10 days after receiving the advice, publish a notice in the Canada Gazette setting out how the advice was published and how a copy of the publication may be obtained.”
June 4, 2008 Passed That Bill C-377 be amended by adding after line 12 on page 9 the following new clause: “13.1 (1) At least once every two years after this Act comes into force, the Commissioner shall 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 shall publish the report in any manner the Commissioner considers appropriate within the period referred to in subsection (1). (3) The Commissioner shall submit the report to the Speaker of the House of Commons on or before the day it is published, and the Speaker shall table the report in the House on any of the first three days on which that House is sitting after the Speaker receives it.”
June 4, 2008 Passed That Bill C-377, in Clause 13, be amended by replacing lines 28 to 43 on page 8 and lines 1 to 12 on page 9 with the following: “the National Round Table on the Environment and the Economy established by section 3 of the National Round Table on the Environment and the Economy Act shall perform the following with respect to the statement: ( a) undertake research and gather information and analyses on the statement in the context of sustainable development; and ( b) advise the Minister on issues that are within its purpose, as set out in section 4 of the National Round Table on the Environment and the Economy Act, including the following, to the extent that they are within that purpose: (i) the likelihood that each of the proposed measures will achieve the emission reductions projected in the statement, (ii) the likelihood that the proposed measures will enable Canada to meet its commitment under section 5 and meet the interim Canadian greenhouse gas emission targets referred to in section 6, and (iii) any other matters that the National Round Table on the Environment and the Economy considers relevant. (2) The Minister shall ( a) within three days after receiving the advice referred to in paragraph (1)(b): (i) publish it in any manner that the Minister considers appropriate, and (ii) submit it to the Speakers of the Senate and the House of Commons and the Speakers shall table it in their respective Houses on any of the first three days on which that House is sitting after the day on which the Speaker receives the advice; and ( b) within 10 days after receiving the advice, publish a notice in the Canada Gazette setting out how the advice was published and how a copy of the publication may be obtained.”
June 4, 2008 Passed That Bill C-377, in Clause 2, be amended by adding after line 15 on page 2 the following: ““greenhouse gases” means the following substances, as they appear on the List of Toxic Substances in Schedule 1 of 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 that have the molecular formula CnHxF(2n+2-x) in which 0<n<6; ( e) the following perfluorocarbons: (i) those that have the molecular formula CnF2n+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.”
April 25, 2007 Passed That the Bill be now read a second time and referred to the Standing Committee on Environment and Sustainable Development.

June 18th, 2009 / 9:55 a.m.
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NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

I'll try to be brief.

First of all, Mr. McGuinty, thank you for voting for Bill C-377 last time.

When I was doing my homework, I found one of your comments from last time. You said, “I think it's important for Canadians to understand we're debating a bill that is going to shift targets, a bill that is going to guide Parliament based on science,” which is basically what you said again just now.

My simple answer to you is no, I do think those are important issues, and I think they're very important issues bearing on how we achieve these targets.

So do we need to cooperate with the G20, the G17, the G8, and any other G-combination that we care to come up with? Absolutely. We live in a finite world. Is that going to be tough? Yes. Is it up to the opposition to do that negotiation? No, we don't get to do that.

So just to reiterate, to set science-based targets, which you agree with, I think will set the stage in a strong way for Canada to do what we haven't always done, which is to actually show leadership, rather than just follow the lead of the U.S., Japan, or any other country.

June 18th, 2009 / 9:45 a.m.
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Conservative

Mark Warawa Conservative Langley, BC

Thank you, Mr. Chair.

Thank you, Mr. Hyer, for being here.

As you've mentioned, Bill C-311 is virtually identical to Bill C-377. There are some minor changes in definition. You've called it the “Copenhagen bill”. Mr. Layton, your leader, called it his “impossible dream.” The testimony we heard was that it was a poorly written bill, and it was uncosted. Mr. Layton recommended that it be costed, as did Mr. Bramley. More recently, Ms. Libby Davies said bills like this should be costed.

The world has change since Bill C-377 was introduced and dealt with about a year and a half ago. I'm sure you're very aware of some of those major changes.

We have a global recession and it's a very difficult time economically for a number of countries. Canada entered last; we'll be the first to come out. Canada is one of the strongest economies in the world, but we're also being affected dramatically by the global recession.

We also have a new President in the United States, who has made the environment a priority. Things have changed now in that we have a clean energy dialogue ongoing with President Obama's administration. That's progressing in a very positive way. That wasn't present before. Both Canada and the United States agree that all of the major emitters have to be part of a global solution as we head toward Copenhagen.

Bill C-311, as you said, is virtually identical to Bill C-377. What changes would you be willing to make today to Bill C-311 to make sure that you get consensus around this table?

June 18th, 2009 / 9:40 a.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

I think it's well known to you that since you tabled this bill in April, I have been seeking to have it expedited and reviewed and to be given the due attention it deserves. I am going to be seeking that testimony presented on Bill C-377 be tabled so that we don't have to repeat the exercise and can in fact comply with what the public are demanding.

I'd like to share some of that testimony with you and get your opinion on whether or not you think it is still appropriate to your bill one year later. For example, Matthew Bramley of the Pembina Institute testified regarding Bill C-377:

To wrap up, this is not a political bill, in my view. It's a bill that's about basing policy on science and ensuring that Canada does not transfer our responsibilities to other countries. I see no reason why it should not be supported by all parties.

Mr. Ian Rutherford, executive director of the Canadian Meteorological and Oceanographic Society, said:

This bill would seem to be a step in the right direction.

....it's not just our current performance that is bad. In terms of accumulated per capita contribution to the present burden...Canada ranks just behind the U.S.A., the U.K., and Germany....

He then said:

Very briefly, there are costs to both action and inaction, and I don't think it's very easy to estimate them.

I would just look around the world and, as someone has already mentioned, look at those countries that have done the best job of de-carbonizing their economy, making it less energy intensive and less carbon intensive, countries like Norway, Denmark, and Germany. They've hardly been impoverished. They're doing very well.

I think we should be trying to take a leaf from their book, instead of always moaning and groaning about the cost of things that are proposed. Many of these things will pay for themselves; certainly energy efficiency pays for itself.

Professor John Stone, adjunct professor in the department of geography and environmental studies at Carleton University, spoke of the IPPC's targets, which reflect what you've put in your bill. Professor Stone said that he had appeared before the committee in one form or another four times in the last 12 months and was encouraged by the words he'd heard from the government of their intentions to tackle the issue. But he wanted to see the legislation and regulations, and the caps put on industries. He also said he believed that Bill C-377, the precursor to the current bill, was a useful contribution.

Dr. Andrew Weaver of the School of Earth and Ocean Sciences at the University of Victoria, and Dr. David Sauchyn of the Prairie Adaptation Research Collaborative.... Dr. Weaver, by the way, supported the bill and spoke in favour—

June 18th, 2009 / 9:05 a.m.
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NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

To be honest, Mr. Chair, it's probably going to be more like 12 minutes.

Thanks for inviting me here today. I'm sure you all know that I am Bruce Hyer. I'm a biologist, I'm a terrestrial ecologist, I'm a forester, I'm a businessperson with three companies, and I'm a conservationist. We're all here for the same reason, and that is to foster a better Canada and a fairer and more sustainable planet.

I tabled Bill C-311, the Copenhagen bill, in the House in early February. It received the support of a majority of members in the House of Commons, not just once but three times, because as you know, it's the same bill as was passed by this committee and the House last year, when it was called Bill C-377. Because it's the only legislation currently being considered that tackles climate change by setting firm targets to reduce our greenhouse gas pollutants, many believe it's the most important legislation we are tasked with passing in this session.

Bill C-377 passed three readings, but then the 2008 election was called. That meant another year was lost when we could have been taking action.

Developments in the past year make it even more urgent that we take immediate steps to deal with the greenhouse gas emissions. In March of this year, IPCC scientists in Copenhagen, in the lead-up to the global climate change talks there this December, declared that the targets we have in Bill C-311 are the minimum we can do to prevent dangerous climate change.

This bill is meant to stop such global average temperatures from rising more than 2° Celsius in order to avoid the most catastrophic effects of climate change. To achieve this, the bill targets an 80% reduction in greenhouse gases by 2050, versus the IPCC recommendations of 80% to 95% reductions by 2050.

But we can't get there without a plan, so the bill mandates some interim target plans at five-year intervals, leading up to 2050. To have a hope of success and survival, we have to get started immediately. The environment minister will have to present a plan within six months of the adoption of this bill.

This bill will set firm targets to reduce Canadian emissions. It will set clear objectives to meet on fixed dates. It will help safeguard future generations from the dangerous effects of climate change. And it will make Canada credible again in the eyes of the world.

Last month, in a joint statement called “The Copenhagen Call”, global business leaders at the World Business Summit on Climate Change called on political leaders to limit the global average temperature increase to a maximum of 2° Celsius and asked for firm emissions reduction targets for 2020 and 2050.

They also noted that “a predictable framework for companies to plan and invest” would “provide a stimulus for renewed prosperity and a more secure climate system.” They stated, “Economic recovery and urgent action to tackle climate change are complementary--boosting the economy and jobs through investment in the new infrastructure needed to reduce emissions.”

I know that in the past we have worked in a cooperative way with others on this legislation. We have supported the good ideas of other parties, and amendments proposed by both the Liberals and the Bloc are already incorporated into this bill. I hope to continue to use a constructive and non-partisan approach to see this bill through again. I hope we can work together to ensure it's done quickly when the House resumes in the autumn.

There is no time to waste. Dangerous climate change is not some distant prospect that won't affect us in our lifetimes. It is already happening.

In Canada, the Maritimes have experienced more intense storms. There are more frequent and extreme floods. The prairies are drying, and that means our farmers will have their crops and their livelihoods threatened. Spreading pine beetle infestations have devastated our western forests and provided fuel for more intense and frequent fires.

Northern Canada has seen dramatic changes. The summer of 2007 was the summer that the Arctic melted. Sea ice was 22% less than ever recorded previously. This was 30 years ahead of predictions, redefining the phrase “glacial pace”. Polar bears and traditional Inuit culture are threatened now and might both be headed for extinction. Last year, Pangnirtung on Baffin Island was nearly swept away by a wall of melt water. Melting permafrost has destroyed many homes and forestry locations.

We are in danger of helping to create our own humanitarian crisis in this country, but melting permafrost also holds another danger. It holds frozen a great deal of dead plant and animal matter, all carbon rich, in frozen stasis where bacteria cannot work on it. When it melts, billions of tonnes of carbon will be released by bacteria into the atmosphere, creating a global greenhouse feedback loop.

But it's even worse for the least advantaged elsewhere. Developing countries bear the brunt of the climate change burden. They suffer 99% of all deaths from weather-related disasters now, and more than 90% of global economic losses--all this when the 50 least-developed countries contribute less than 1% to global carbon emissions. This is a looming international humanitarian disaster.

What's happening to the 12,000 people of the island nation of Tuvalu is an indication of what will happen to coastal peoples everywhere. People have lived on those islands for over 2,000 years, but they must abandon their country soon and forever because it will soon cease to exist. Citizens of the Maldives and Kiribati know that their countries will soon disappear beneath the rising seas as well. These people are among the first of the environmental refugees, but many will be following.

The Red Cross now says there are millions more environmental refugees than people displaced by wars, and their ranks are likely to double within 20 years, as seas inundate fertile farming deltas and desertification dries up entire nations. This will be the greatest humanitarian disaster of our time.

The human impact report on climate change is a document that was launched by Kofi Annan at the Global Humanitarian Forum in London last month. It reports that every year dangerous climate change effects already kill 300,000 people and cause at least $125 billion U.S. in economic losses. Global losses from extreme weather have increased tenfold. Insurance companies in Canada and abroad are facing fiscal and management crises. Just over the past five years, the annual global cost of weather-related disasters has gone as high as $230 billion.

I am not here to argue the evidence, which now seems unequivocal. This committee heard from many experts on this bill last year, including experts on the science behind it. It was considered in this committee for 15 meetings and has already been agreed to. I am asking you to move to pass Bill C-311 quickly, because there are compelling scientific and moral reasons to do so. Science can give us the facts, but people don't usually act on science alone. Most of us do what we think is ethical, and we take responsibility seriously. We do what we think is right whenever we can. You can't find the answers to a moral question in an ice core.

Canada can take action on climate change right now. We have the room to make deep reductions, the technological know-how, and the economic capacity to get it done. All we need is the leadership. I'm very confident that despite our late start we can achieve these targets and, in the process, provide the world with green solutions and green jobs if we start soon. But more than that, we have the capacity to do something about climate change effects that cause untold human suffering. If doing nothing is wrong, particularly when one is well placed to help, then we are doing something wrong by delaying action, especially given our capacity to do the right thing.

Canada has fallen far in our reputation on the environment. We used to be a leader. We have descended from being the nation that helped tackle acid rain and ozone-depleting CFCs a generation ago to being the second worst country on the climate change performance index this year. Only Saudi Arabia performs worse. We get fossil of the year awards at international conferences. We now rank in the top 10 of world emitters, but we have only 0.5% of the world's population.

Most Canadians know this and they're not happy. Polls consistently show that a clear majority of people we represent want action and solid targets like those in this bill. But there are also important business reasons for moving right away.

Speaking at the World Business Summit on Climate Change this May, UN Secretary-General Ban Ki-moon called climate change “the defining challenge of our time”. He told the world's business leaders that if we tackle climate change early and effectively, we could look forward to “sustained growth and prosperity”. If we don't, “we face catastrophic damage to people, to the planet--and to the global marketplace”.

He's right. Taking action now makes good business sense, because we know that the cost of delaying will be much more in the future.

Jim Rogers is the CEO of Duke Energy in the United States. His company has one of the largest carbon footprints in North America. He has called for the same targets as are in this bill. In fact, he's expanding his business while implementing these same targets in his own company. He said that “the probability that we'll get good solutions to climate change--solutions that benefit both the planet and industry--is higher if we face the problem now”, and if you're constantly trying to define the problem or dispute it, “it gets increasingly difficult and costly to develop a good solution”.

Former World Bank economist Nicholas Stern has become even more concerned about our collective economic future since his famous Stern Review. He recently noted that climate change effects are occurring faster than predicted, and he re-emphasized that strong early action on climate change far outweighs the costs. He has clearly stated that the economic costs of inaction will be far greater than the more modest costs of achieving targeted reductions.

The climate crisis is also an economic opportunity. C.D. Howe represented my riding years ago. During World War II, he transformed the Canadian economy from Depression to one making armaments and ammunition in months. It resulted in the greatest economic expansion in the history of Canada.

It seems to me that we again face a crisis worthy of the most promising stimulus for our limping economy. It has to be done right here at home. No one is going to put your house on a boat to China to get insulated. Solar panels mean guys with hammers on our roofs. Carbon sequestration means implementing it right here.

It also makes sense from a competitiveness standpoint. Setting out a path to spark green solutions now is more profitable than spending more later to try to catch up with our foreign competitors. Most of them are already pulling ahead of us. We cannot lose any more time.

We certainly can't lose more time if we're to have credibility when we go to Copenhagen for global climate change treaty negotiations this December. Some have said that we should wait even more than we have already, until Copenhagen is actually signed. Others have said we shouldn't do anything until China, and India, and other developing countries adopt similar targets. Still others say we can't do anything until the U.S. does.

None of this is leadership. We have already waited too long. We don't need Washington to write our climate change targets for us. If we don't step up and adopt our own firm targets, how can we have any credibility to ask other developing countries to do the same?

This act will help to re-establish our credibility at the bargaining tables and, just as important, increase the chances of persuading major developing countries to take on commitments too.

We only have six months left before Copenhagen. We must work across party lines, in a non-partisan way, to pass this bill through Parliament in time.

I look forward to working with you individually and collectively to make sure this important bill gets passed as quickly as possible.

Thank you very much.

Climate Change Accountability ActPrivate Members' Business

March 26th, 2009 / 5:45 p.m.
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NDP

Megan Leslie NDP Halifax, NS

Mr. Speaker, I rise today to speak to Bill C-311, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change, or as it is known, the climate change accountability act.

This is issue is very important to me as a Nova Scotian, as a Canadian and as a citizen of the world. A desire to see meaningful action on climate change is one of the reasons I decided to run for election, and it is one of the reasons I decided to run for the New Democratic Party, the party that first raised this issue in the House over 20 years ago.

That spirited advocacy on behalf of our planet continues today with the bill. I am pleased to see the bill returning to the House, after the endurance test that it faced in the last Parliament.

In my work with the Halifax Ecology Action Centre, we watched from a distance as Conservative filibustering at committee kept the first version, Bill C-377, in limbo, from December 11, 2007 to April 28, 2008. When that bill finally passed, I joined with thousands of other Canadians to celebrate in this world first, a victory for climate change and for Canada.

Bill C-311 would mandate the government to live up to Canada's obligations under international climate change agreements. These agreements are not merely suggestions, and governments are expected to have policies in place to bring them into compliance.

While the failures of governments for the last 15 years to deal with climate change are well documented, it must not be used as an excuse to do the minimum when faced with a crisis of this magnitude.

At this point in our nation's history, we are past the debate about whether climate change is real. We are past the debate about what causes it. We are nearly past the point of debate about how we should address it. There is consensus among the world's leading scientists, environmentalists and ordinary Canadians. We know we need targets for reducing greenhouse gases. We know those targets need to be science based and enforced by binding caps. We also know these measures need to be organized through a national emission trading regime.

The government has failed to act on each of these areas, but I am happy to say the bill would provide some real direction on climate change policy in Canada. The reduction targets in the bill are specified for the short, medium and long term, but with built in flexibility to adjust over time. Most important, as others have pointed out during the course of this debate, the bill would introduce legal certainty, as well as government accountability, something we have heard the government aspire to on so many occasions.

With targets set into law, Canada can finally make progress on an international obligation and our already germinating green economy can flourish and bloom.

Our country is filled with great minds who have already been tackling the climate change issue with innovative solutions, many of which I have had the opportunity to see first-hand in Nova Scotia. Industry recognizes that it must adapt or it will vanish, and it is taking steps to get where it should be. All it lacks is a partner in the federal government and some certainty that emission regulations will be predictable and stable.

The climate change accountability act does just that. It sets out these regulations in five year increments until 2050. It is legislation that is the first of its kind in our country and it deserves the support of the House.

Opposition to the bill from the government side has unfortunately relied on that tired argument that we can choose either the environment or the economy, but not both. Previous governments have been trying that one for quite some time and the result is a world that is even closer to catastrophic climate change and an economy that are both in shambles.

Now is the time when we should be taking stock of where we have been and where we want to go. Our twin crises, economic and environmental, can both be addressed with smart public policy that measures sustainability and prosperity with the same yardstick.

Therefore, why the same rhetoric about the economic cost of a bill that would finally take on climate change? There is really no excuse. The economic costs are significantly greater if we do not act now. For every moment that we waste, the greater cost will pass on to our children and our neighbours' children.

It calls to mind a novelty mug that my partner was given as a gift. It has this map of the world on it. When hot water is added, the shorelines change based on rising sea levels, thanks to a warming earth. Suddenly, Brazil is gone. It is bye-bye Bangladesh and so long Indonesia. By the time my tea is cold enough to drink, Nova Scotia has all but disappeared. This mug can get a chuckle out of our guests, but the sad fact is it is an accurate description of what we can expect to happen if emissions are allowed to grow unchecked. It is not a joke. We are only a few years away from a projected 2° temperature rise, after which we may be too late to halt some of the worst effects of the crisis.

In a column in the Halifax ChronicleHerald, Professor Sheila Zurbrigg describes the realities in much more compelling terms. I will quote from her article. She says:

The ultimate irony is that those least responsible for global warming will bear by far the most catastrophic consequences. Most [greenhouse gas] emissions (over 80 per cent) added to the atmosphere are ours, not theirs, and continue to come from the rich industrialized countries.

Yet the gravest outcomes the IPCC scientists warn about are to a considerable extent preventable. The necessary technology and energy-efficiency methods already exist that would allow us to make major GHG reductions right away. But only if we act immediately, intelligently, and together.

Professor Zurbrigg is a medical historian whose area of expertise is the history of famines. The last time she and I spoke, we talked about climate change. She looked me in the eye with such fear in her eyes. She said that a 2° increase would mean widespread, devastating famines unlike we had ever seen in the course of human history. She told me that we needed to act now or we would be unable the world's citizens.

Another signal that the time is right for this bill is the change of administration in the United States. The new President was elected, in part, because of his dramatically different vision for environmental policy. This shift represents a unique opportunity for Canada to act in concert with our largest trading partner.

I acknowledge my hon. colleague from Wetaskiwin who earlier commented about our partnership with the United States. Let us go further. While some states and provinces have gone forward with emission trading markets between themselves, Canada as a country has not acted to promote this sector. It is just one of the ways the bill could help steer our country in the right direction.

We must, as parliamentarians, as Canadians and as global citizens, support the bill. We need to be visionary, bold and innovative and we must act now before it is too late.

Climate Change Accountability ActPrivate Members' Business

March 4th, 2009 / 6:25 p.m.
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Langley B.C.

Conservative

Mark Warawa ConservativeParliamentary Secretary to the Minister of the Environment

Madam Speaker, I would like to begin by summarizing the key elements of Bill C-311, then I will outline the reasons why the government opposes the bill.

Bill C-311 is clearly both bad law and bad policy. Its implementation would have significant negative implications on the Canadian economy, impose unrealistic and impractical timelines, and may in fact be unconstitutional.

Bill C-311 would create an obligation on the Government of Canada to ensure Canadian greenhouse gas emissions are reduced to 25% below the 1990 level by 2020 and to 80% below the 1990 level by 2050.

The bill would also oblige the Minister of the Environment to establish an emissions target plan for every five year period from 2015 to 2045, and to put in place regulations and other actions to ensure that these targets are achieved.

The bill calls on the government to have regulations in place as early as December of this year designed to meet the 2015 target. Members of the House who are familiar with the regulatory process know the problems associated with that unrealistic timeframe.

Quite simply, this is completely unrealistic and shows that the NDP is more interested in political grandstanding than in finding real solutions to deal with the fight against climate change.

Unlike the party opposite, our government has been clear on the need to strike a balance between environmental and economic progress. Our approach to addressing climate change will achieve that balance.

We are committed to stopping the increase in Canada's greenhouse gas emissions and then dramatically reducing them. We established a national target of an absolute 20% reduction in greenhouse gases, relative to 2006 levels, by 2020. By 2050 Canada's emissions will be 60% to 70% below 2006 levels. The government has also established a target that by 2020, 90% of our electricity will come from non-emitting sources. These are the toughest targets in Canadian history and some of the toughest targets in the world.

At the same time we are helping Canadians reduce their greenhouse gas emissions through programs such as the ecoEnergy for renewable power program, the trust fund for clean air and climate change, and supporting investment into research, development and demonstration of promising technologies, including large scale projects like carbon capture and storage. In fact, we are one of the world leaders on that technology.

Bill C-311 on the other hand does not endeavour to strike such a balance. When an identical bill, Bill C-377, was introduced in the last Parliament by the leader of the NDP, he admitted that he had made no attempt to calculate how much economic damage his bill would do to the Canadian economy. In fact, he called his bill the impossible dream.

Further, the massive costs would also have to be borne at a time when Canada's economy is under severe pressure as a result of the global economic downturn. Bill C-311 would impose a massive new burden on industries that are already facing very difficult and serious times.

It is clear that the NDP do not believe it is necessary to consider changing course slightly, despite the economic realities that we face. The NDP has learned nothing from its power in Ontario under the leadership of the member for Toronto Centre where the NDP policies led to record high levels of debt and unemployment.

Our assessment of Bill C-288, the Kyoto implementation act, an act with requirements that are quite similar to those in Bill C-311, suggest that an attempt to meet our Kyoto targets within the 2008 to 2012 period would result in a drop in GDP of 4%.

Given that the proposed 2020 target under Bill C-311 is significantly deeper than under the Kyoto protocol, of 25% below 1990 levels as opposed to the 6% below 1990 levels under the Kyoto protocol, the conclusion of massive, negative economic impacts reached under the KPIA analysis would also apply to Bill C-311.

Bill C-311 creates an economic uncertainty by suggesting that Canada should maintain a domestic policy and an international policy negotiating position based on the UNFCCC ultimate objectives immediately after royal assent of the bill.

There is uncertainty around the UNFCCC's ultimate objectives and the bill does not define what a responsible Canadian contribution is or indicate how it can be determined.

Bill C-311 compounds this uncertainty by asking Canada to take a radically different approach to climate change than our most important economic partner.

Do the sponsors of the bill really believe we can turn our back on the possibility of a coherent, co-operative North American climate change strategy in partnership with the President Obama administration? I think not.

The government must be able to fully represent Canada's economic interests and unique circumstances in international negotiations, including with the administration of President Obama.

I would now like to bring to the attention of the House the serious concerns we have over the constitutional aspects of the bill. Last year in discussion on Bill C-377, the predecessor of Bill C-311, the House of Commons Standing Committee on Environment and Sustainable Development heard testimony by respected lawyers as to their concern over the constitutionality of clauses that remain in Bill C-311. The primary concern remains whether the bill's authorities are soundly based on the peace, order and good government head of power.

Joseph Castrilli, counsel for Canadian Environmental Law Association said:

Peace, order, and good government would appear to be less likely to find favour with the Supreme Court as a basis for upholding the constitutionality of the regulatory limits authority of Bill C-377 under any circumstances because of the potential for major impact on provincial jurisdiction to act in a host of areas.

That remains in Bill C-311.

Mr. Castrilli went on to say that the bill was also unlikely to be upheld under the federal government's authority over criminal law because the law was not specific about the characteristics of the regimes contemplated or the actual substances to be addressed leaving this detail to the regulations.

Amendments of the bill were passed in the House of Commons to specify which substances the bill would consider, but there is much doubt as to whether these amendments were sufficient to address Mr. Castrilli's concerns, particularly against jurisdiction of the provinces.

Peter Hogg, professor emeritus and former dean of Osgoode Hall Law School of York University stated in his testimony that the bill would not be upheld under the federal government's peace order and good government authority or its jurisdiction under criminal law.

With respect to peace, order and government, Professor Hogg expressed concern over the lack of direction provided by the bill to the Governor-in-Council with respect to its regulation making power. Professor Hogg indicated the regulation making authority of the bill, as first introduced, was so broad as to potentially reach into every area of Canadian economic and social life.

I would like to reiterate the Government of Canada's opposition to Bill C-311.

We are working diligently to promote domestic, continental and international action to ensure lasting greenhouse gas emissions reductions. Our approach is a balanced approach, an approach that will see Canada's greenhouse gases decline, while protecting our economy and the standard of living of the Canadian people. Our plan includes billions of dollars for technology, technology like carbon capture and storage, working with the United States, and the world is counting on us to work together. We are doing that through the clean energy dialogue with President Obama and our Prime Minister.

Therefore, I encourage the member to remove the bill or vote against his own bill because the bill will take us in a direction that would be bad for Canada, it would be bad for Canadian jobs and it would be bad for the environment.

February 24th, 2009 / 9:45 a.m.
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Conservative

Mark Warawa Conservative Langley, BC

Speaking to the non-motion of Mr. Bigras, between now and the break in June we have approximately 22 meetings. In those 22 meetings we're going to be dealing with the species at risk review--the legislative requirement. We're going to be dealing with the main estimates and inviting the minister to attend. We're likely going to be dealing with environmental enforcement. We're likely going to be dealing with Bill C-377, a private member's bill that has been reintroduced--the impossible dream of Mr. Layton--and re-titled Bill C-311. Carbon capture and storage is a huge part of the government's plan. We should be reviewing that. And there are a number of other recommendations from committee members: biodiversity, CEPA enforcement....

It's a lot of work that this committee is going to undertake in a very short period of time. We have to be very careful with the 22 meetings we have. That's why it's important that the steering committee provide some guidance. We'll be doing that on Monday.

Specifically to the non-motion from Mr. Bigras, I think at this time we should plan on one meeting and not two. The norm is one meeting. If we deem, as a committee, that we should have additional meetings, we could make that decision. But at this time I think we should be considering one meeting.

Motions in AmendmentFederal Sustainable Development ActPrivate Members' Business

June 13th, 2008 / 1:55 p.m.
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NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am pleased to have this opportunity to speak in what appears to be the final round of debate on Bill C-474, the National Sustainable Development Act.

This bill was introduced by the hon. member for Don Valley West. I want to add my best wishes to him as he leaves this place and goes on to new challenges. It is great that he is able to leave the House of Commons on this note, where there is all party agreement to support this important piece of legislation. It is a good way to end his career in the House of Commons.

I want to make it clear that New Democrats support this legislation. We supported the decision only minutes ago to ensure that the bill gets to the Senate after the finish of the debate today. It is very important to move this bill forward.

When we talk about sustainable development, I cannot hear that term without thinking of a friend and colleague, a former member of the B.C. legislative assembly, the former member for Burnaby-Willingdon and the former B.C. environment minister, Joan Sawicki.

Joan Sawicki is someone who has a clear vision of sustainable development for Canada. She has worked tirelessly and continually to educate Canadians and political leaders on the importance of inventing the principles of sustainable development and environmental protection in all we do as governments and as a society. I want to thank Joan Sawicki for raising my consciousness on this issue and for helping get this kind of commitment on the political agenda here in Canada.

I also want to note that the bill before us today is very similar to Bill C-437, which was tabled by my NDP colleague from Burnaby—New Westminster back on May 1, 2007. It seems that one way or another this legislation was going to be before the House. That shows the importance of it and the dedication from all corners of the House to see this dealt with.

The member for Burnaby—New Westminster acted quickly on the suggestions of the Suzuki Foundation when they were originally put forward. He also engaged a process of community consultation with the people of Burnaby and New Westminster before tabling his version of the bill. I know that he had looked forward to the opportunity to have that legislation discussed in the House, but as I said, we are pleased that the member for Don Valley West, who had a higher priority on the private members' list, was able to get it before the House and through the process and before us today.

At the time that my colleague from Burnaby—New Westminster tabled his legislation, which is very similar to this bill, he noted that Canada was 28th of 30 countries in terms of environmental performance and that we were the eighth largest producer of carbon dioxide. That was a record that needed to be addressed. This legislation will go some way to dealing with some of those issues.

The legislation before us was developed by the Suzuki Foundation as part of its report, “Sustainability within a Generation”. In that report it noted that the countries that are ranked highest in the OECD in terms of progress on environmental issues have sustainable development strategies in place. Canada was one of the countries that did not have such a strategy in place, along with Belgium, Spain and the United States.

Canada has committed to such a strategy at many international forums, including the 1992 Earth Summit in Rio de Janeiro, the 1997 Earth Summit+5 in New York, and the 2002 World Summit on Sustainable Development. Finally, we are debating legislation that would ensure that this issue remains planted firmly on the agenda of our government here in Canada.

Sadly, over the years, Canada missed the mark on some of the key best practices with regard to sustainable development, best practices such as comprehensive goals and targets. Canada was often criticized for having fragmented goals across many sectors. On the other hand, Sweden had 16 legislated environmental quality objectives and 71 measurable targets with short, medium and long term timelines. It is a very different way of looking at the idea of comprehensive goals and targets.

Another key best practice is progressive monitoring and reporting. Canada has some monitoring, but it is not linked to targets specifically. There is no benchmarking of Canada's performance relative to that of other countries. The United Kingdom, on the other hand, monitors 68 environmental indicators and assesses them against quantifiable goals.

Another best practice was environmental governance and leadership. Before the legislation came forward, Canada had no single integrated strategy and no overall government leadership and coordination on the environment.

Other countries, like Germany, Denmark, Sweden and the United Kingdom all have central agencies and high level prime minister's office and cabinet committees that coordinate environmental development and implementation of environmental policy.

It is clear that there was lots of room for improvement, lots of room for Canada to catch up with countries to which we often look for ideas, for commitments and to whose standards we hold ourselves, so this legislation is very important in that regard.

In this corner of the House, New Democrats believe that a sustainable development strategy is a complex of important measures. It is like a three-legged stool that needs a number of measures to be successful.

We believe that a cap and trade system is very important to a sustainable development strategy. We believe that institutional changes to implement cap and trade and to promote and enforce the culture of sustainable development in government is also a key component

We also believe that selective green fiscal measures that would cover specific measures is also very important. That is why we are pleased that today we are dealing with one aspect of that which is a crucial piece of an overall sustainable development strategy and will lead us in the right direction.

It is very clear that we must integrate a commitment to sustainable development into all the work of government. It is hard to believe that anyone who reflects on the current situation of our planet would deny the importance of taking this step. I am glad that there is unanimity here in the House on this issue.

My colleague for Burnaby—New Westminster put it this way when he tabled his version of this bill. He said:

It is time that sustainable development be a front-running issue for every ministry and become a part of our political culture.

We believe Bill C-474 would do just that.

We also believe that Bill C-474 complements, in a very positive way, Bill C-377, the Climate Change Accountability Act put forward by the member for Toronto—Danforth and the leader of the New Democratic Party.

That bill provides scientifically based medium and long term targets for Canada to avoid dangerous levels of climate change. It identifies specifically the necessary steps to avoid the 2° threshold for catastrophic climate change. The destination of 80% reduction in greenhouse gases by 2050 and regular benchmarks are identified in the bill of the member for Toronto—Danforth, which has passed the House and hopefully will be considered by the Senate in short order.

This bill, we believe, complements that well because it provides a legal framework for preparing and implementing a national sustainable development strategy that aims at integrating through institutional changes, through comprehensive sustainability goals and measurable targets to achieve sustainable development here in Canada.

We believe this is a very important measure to be taking to complement other measures already taken by the House and passed here in this place.

This is a very important achievement of Parliament. I again thank the member for Don Valley West and the member for Burnaby—New Westminster who have shown great leadership in taking the work of the Suzuki Foundation and ensuring it reached the floor of the House of Commons.

It is important to note that all parties have ensured the passage of this legislation today. Taking this step toward establishing in law a national sustainable development strategy for Canada is crucial and important and is work that we can all be proud of here today.

Climate Change Accountability ActPrivate Members' Business

June 4th, 2008 / 3:25 p.m.
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NDP

Jack Layton NDP Toronto—Danforth, ON

Climate Change Accountability ActPrivate Members' Business

June 4th, 2008 / 3:25 p.m.
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NDP

Climate Change Accountability ActPrivate Members' Business

June 4th, 2008 / 3:25 p.m.
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Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, on a point of order, I know it is highly unusual, but I think if you were to seek it, and with the approval of the sponsor of this legislation, you might find unanimous consent from the members in the chamber to apply the results of the vote just taken to the next three amendments and the concurrence motion on Bill C-377.

Climate Change Accountability ActPrivate Members' Business

June 4th, 2008 / 3:20 p.m.
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Liberal

The Speaker Liberal Peter Milliken

Pursuant to order made on Tuesday, June 3, the House will now proceed to the taking of the deferred recorded divisions on the motions at report stage of Bill C-377 under private members' business.

The question is on Motion No. 1.

The House resumed from May 29 consideration of Bill C-377, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change, as reported (with amendment) from the committee, and of the motions in Group No. 1.

Business of the HouseGovernment Orders

June 3rd, 2008 / 5:35 p.m.
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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeSecretary of State and Chief Government Whip

Mr. Speaker, there has been consultations between all the parties and I think you would find unanimous consent for the following two motions concerning upcoming votes. I move:

That, notwithstanding any Standing Order or usual practice of the House, the deferred recorded divisions on second reading of Bill C-393, on report stage amendments, concurrence and third reading of Bill C-377, and on second reading of Bill C-490, currently scheduled to be held immediately before the time provided for private members' business on June 4, be held instead at 3 p.m. on June 4.

Motions in AmendmentBudget Implementation Act, 2008Government Orders

May 30th, 2008 / 10:55 a.m.
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Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, I listened intently to the member as she spoke about what she claimed was propaganda. I have not heard as much propaganda in as short an amount of time as I have heard from her.

Let me tell members about propaganda. She says the government, by stealth, is bringing in Bill C-50. But just before that she said that we were advertising in newspapers some of the changes we want to bring in. How could we be acting by stealth and advertising in newspapers? I guess that is NDP propaganda.

Also, this member and her party voted against every single budget this government has brought in: budgets that have helped seniors; budgets that have helped homeless people; and budgets that are helping veterans today. She and her party voted against low income Canadians. More than 600,000 low income Canadians have been taken off the federal government tax rolls. Yet, she and her party claim to be for the working class.

Yesterday, we were discussing her leader's bill. I believe it is Bill C-377. People working in the auto industry and people trying to earn a livelihood who work in the auto parts industry in my riding, including the CAW, are fearful of that bill.

We heard from witnesses from that industry at the environment committee who said that bill that her leader is trying to bring in is going to kill their industry, an industry that is already in trouble in our province. It is one of the hugest income generators in our province.

How can she say some of the things she is saying when in some parts of her statements she is arguing against herself? There are words for that, but they are unparliamentary. I would like her to respond.