A Climate Change Plan for the Purposes of the Kyoto Protocol Implementation Act – 2007

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Preface – The Kyoto Protocol Implementation Act

On June 22nd, 2007 the Kyoto Protocol Implementation Act received Royal Assent.

Section 5 of the Act provides that "Within 60 days after this Act comes into force and not later than May 31 of every year thereafter until 2013, the Minister [of the Environment] shall prepare a Climate Change Plan that includes

  1. a description of the measures to be taken to ensure that Canada meets its obligations under Article 3, paragraph 1, of the Kyoto Protocol, including measures respecting
    1. regulated emission limits and performance standards,
    2. market-based mechanisms such as emissions trading or offsets,
    3. spending or fiscal measures or incentives,
      iii.1) a just transition for workers affected by greenhouse gas emission reductions, and
    4. cooperative measures or agreements with provinces, territories or other governments;
  2. for each measure referred to in paragraph (a),
    1. the date on which it will come into effect, and
    2. the amount of greenhouse gas emission reductions that have resulted or are expected to result for each year up to and including 2012, compared to the levels in the most recently available emission inventory for Canada;
  3. the projected greenhouse gas emission levels in Canada for each year from 2008 to 2012, taking into account the measures referred to in paragraph (a), and a comparison of those levels with Canada's obligations under Article 3, paragraph 1, of the Kyoto Protocol;
  4. an equitable distribution of greenhouse gas emission reduction levels among the sectors of the economy that contribute to greenhouse gas emissions;
  5. a report describing the implementation of the Climate Change Plan for the previous calendar year; and
  6. a statement indicating whether each measure proposed in the Climate Change Plan for the previous calendar year has been implemented by the date projected in the Plan and, if not, an explanation of the reason why the measure was not implemented and how that failure has been or will be redressed."

Sections 6 through 8 address the issues of regulating greenhouse gases. Section 6 sets out broad authorities for the Governor-in-Council to make regulations respecting greenhouse gases. Section 7 provides that within 180 days of the coming into force of the Kyoto Protocol Implementation Act the Governor-in-Council shall ensure that Canada fully meets its obligations under section 3, paragraph 1, of the Kyoto Protocol by "making, amending or repealing the necessary regulations under this or any other Act." Section 8 sets out requirements for pre-publication of any such regulations for consultation purposes.

Section 9 of the Act provides that "Within 120 days after this Act comes into force, the Minister of the Environment shall prepare a statement setting out the greenhouse gas emission reductions that are reasonably expected to result for each year up to and including 2012 from

  1. each regulation made or to be made to ensure that Canada fully meets its obligations under Article 3, paragraph 1, of the Kyoto Protocol, pursuant to subsections 7(1) and (2); and
  2. each measure referred to in subsection 7(3)."

This document addresses the Government's obligations under sections 5 through 9 of the Kyoto Protocol Implementation Act.

Specifically, this document constitutes the Climate Change Plan that the Minister of the Environment is required to file under Section 5 of the Act.

With regard to Sections 6 through 8 of the Act, these call for the Government to regulate compliance with the Kyoto Protocol, but are silent on what types of regulation are expected and which sectors of society should shoulder the burden. The Governor-in-Council has discretion on whether and how best to regulate to meet legislative objectives, in order that the Government may pursue a balanced approach that protects both the environment and the economy. The Government is taking aggressive action to reduce greenhouse gases and will therefore continue to fulfil its proper role in Canada's parliamentary system by regulating where appropriate and in a balanced and responsible manner. In that context, this document elaborates on the Government's existing plan to regulate greenhouse gas emissions and air pollution, Turning the Corner.

With regard to Section 9, Annex 1 constitutes the Statement required under that section of the Act. As required by the Kyoto Protocol Implementation Act, this document will be tabled in Parliament within the required timelines.

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