MANAGEMENT AND REDUCTION OF GREENHOUSE GASES 1 1 BILL No. 95

An Act respecting the Management and Reduction of Greenhouse Gases and Adaptation to Climate Change TABLE OF CONTENTS

PART I Preliminary Matters 1

Short title 2

Interpretation 3 Crown bound

PART II Emission Baseline, Emission Targets, Monitoring and Reporting 4 Greenhouse gas emission baseline 5 Greenhouse gas emission reduction target 6 Report

PART III Responsibilities and Powers of Minister 7 Responsibilities and powers of minister 8 Appointment of enforcement officers

PART IV Advisory Council 9 Advisory Council

PART V Office of Climate Change 10

Interpretation 11 Office established 12 Co-ordinator of office 13 Purposes of office 14 Activities of office 15 Annual report

PART VI Regulated Emitters and Greenhouse Gas Emission Reduction Programs DIVISION 1 Regulated Emitters 16 Establishment of baseline emission level 17 Reduction in emissions required 18 Returns 19 Carbon compliance payment DIVISION 2 Greenhouse Gas Emission Reduction Programs and other Programs 20 Greenhouse gas emission reduction programs 21 Specified emitter greenhouse gas emission reduction programs

PART VII Special Non-profit Corporations DIVISION 1 Fund 22 Fund established 23 Purposes of Fund 24 Powers of Fund 25 Power to provide financial assistance to regulated emitters 26 Membership of Fund 27 Board of Fund 28 Chairperson and vice-chairperson 29 Fund not agent of the Crown DIVISION 2 Saskatchewan Climate Research and Development Corp. 30 Research Corporation established 31 Purposes of Research Corporation 32 Powers of Research Corporation 33 Membership of Research Corporation 34 Board of Research Corporation 35 Chairperson and vice-chairperson 36 Research Corporation not agent of the Crown DIVISION 3 Saskatchewan Climate Change Foundation 37 Foundation established 38 Purposes of Foundation 39 Powers of Foundation 40 Membership of Foundation 41 Board of Foundation 42 Chairperson and vice-chairperson 43 Foundation not agent of the Crown

MANAGEMENT AND REDUCTION OF GREENHOUSE GASES 2 2 (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

PART I Preliminary Matters

Short title 1 This Act may be cited as The Management and Reduction of Greenhouse Gases Act.

Interpretation 2 In this Act: (a) “carbon compliance payment” means an amount required to be paid pursuant to

section 19 by a regulated emitter to the Fund with respect to the regulated emitter’s prescribed greenhouse gas emissions level; DIVISION 4 Environment Corporation 44 Environment Corporation established 45 Purposes of Environment Corporation 46 Powers of Environment Corporation 47 Membership of Environment Corporation 48 Board of Environment Corporation 49 Chairperson and vice-chairperson 50 Environment Corporation not agent of the Crown DIVISION 5 General Matters re Special Non-profit Corporations 51

Interpretation of Division 52 Application of Non-profit Corporations Act, 1995 53 Head office 54 General powers of special non-profit corporations 55 Reports 56 Fiscal year 57 Audit 58 Annual report

PART VIII Administration, Inspections and Enforcement 59 Public information 60 Minister may apply for compliance or enjoining order 61 Minister may direct production of information 62 Inspections 63 Additional powers on inspection 64 Duty to assist 65 Investigations 66 Copies of records 67 Seizure of certain objects 68 Obstruction 69 Entry on land

PART IX Offences and Administrative Penalties 70 Offences 71 Vicarious liability 72 Limitation period on prosecutions 73 Administrative penalty 74 Appeal to the Court of Queen’s Bench

PART X General 75 Immunity 76 Service of notice or documents 77 Act prevails 78 Regulations 79 Review of Act

PART XI Coming into Force 80 Coming into force

MANAGEMENT AND REDUCTION OF GREENHOUSE GASES 3 3 (b) “carbon compliance price” means the prescribed price to be paid for the emission of one tonne of CO2e; (c) “CO2e” means the mass of carbon dioxide that would produce the same global warming potential as a given mass of another greenhouse gas determined in the prescribed manner; (d) “code” means a code developed or adopted pursuant to clause 7(2)(m); (e) “council” means the Climate Change Advisory Council established pursuant to

section 9; (f) “enforcement officer” means an enforcement officer appointed pursuant to

section 8; (g) “Environment Corporation” means the Saskatchewan Environment Corporation established pursuant to

section 44; (h) “Foundation” means the Saskatchewan Climate Change Foundation established pursuant to

section 37; (i) “Fund” means the Saskatchewan Technology Fund Corp. established pursuant to

section 22; (j) “greenhouse gas” means: (

i) carbon dioxide (CO 2); (ii) methane (CH 4); (iii) nitrous oxide (N 2O); (iv) hydro fluorocarbons (HFCs); (

v) perfluorocarbons (PFCs); (vi) sulphur hexafluoride (SF 6); or (vii) any other prescribed gas; (k) “greenhouse gas emission baseline” means the baseline amount of greenhouse gas emissions for Saskatchewan, expressed in CO 2e, in the year selected in accordance with

section 4; (l) “minister” means the member of Executive Council to whom for the time being the administration of this Act is assigned; (m) “ministry” means the ministry over which the minister presides; (n) “offset” means any of the following that meets the requirements of this Act, the regulations and any codes: (

i) a reduction in the release of greenhouse gas emissions; (ii) the sequestration of greenhouse gas; (iii) any other prescribed activity respecting greenhouse gas; (o) “pre-certified investment” means a large-scale and transformative project that is designed to result in a reduction in greenhouse gas emissions and is determined by the minister to be a pre-certified investment pursuant to clause 7(2)(k);

MANAGEMENT AND REDUCTION OF GREENHOUSE GASES 4 4 (p) “prescribed” means prescribed in the regulations; (q) “qualified person” means: (

i) a member of a class of persons set out in a code; or (ii) an individual or a class of individuals determined by the minister pursuant to clause 7(2)(n); (r) “recognition for early action” means a certificate specifying an amount of tonnes of CO 2e provided pursuant to clause 7(2)(

j) by the minister to a regulated emitter to recognize actions taken before the coming into force of this Act by that regulated emitter to reduce greenhouse gas emissions; (s) “regulated emitter” means a prescribed person, or a person who is a member of a class of prescribed persons, who: (

i) emits a greenhouse gas; and (ii) meets the prescribed requirements; (t) “regulated emitter’s prescribed greenhouse gas emissions level” means the level of greenhouse gas emissions for a regulated emitter after applying the reductions in greenhouse gas emissions prescribed pursuant to

section 17 with respect to the regulated emitter; (u) “Research Corporation” means the Saskatchewan Climate Research and Development Corp. established pursuant to

section 30; (v) “Saskatchewan Initiatives” means initiatives, targets, plans, proceedings and goals for Saskatchewan that: (

i) relate to climate change and greenhouse gas emissions; and (ii) are prescribed or otherwise established by the minister or by the Lieutenant Governor in Council. Crown bound 3 The Crown in right of Saskatchewan is bound by this Act.

PART II Emission Baseline, Emission Targets, Monitoring and Reporting Greenhouse gas emission baseline 4 The Lieutenant Governor in Council may establish a greenhouse gas emission baseline for Saskatchewan for a year selected by the Lieutenant Governor in Council. Greenhouse gas emission reduction target 5 The Lieutenant Governor in Council shall establish a greenhouse gas emission reduction target for Saskatchewan for a year or years selected by the Lieutenant Governor in Council.

MANAGEMENT AND REDUCTION OF GREENHOUSE GASES 5 5 Report 6(1) The minister shall: (

a) monitor compliance with: (

i) the greenhouse gas emission reduction targets established by the Lieutenant Governor in Council pursuant to this Act; and (ii) any other matters that the minister considers appropriate; and (

b) prepare and issue reports respecting any matter governed by this Act that the minister considers in the public interest.

(2) The minister may use any indicators that the minister considers relevant in the preparation of a report.

(3) In accordance with The Tabling of Documents Act, 1991, the minister shall lay before the Legislative Assembly each report prepared pursuant to this section.

PART III Responsibilities and Powers of Minister Responsibilities and powers of minister 7(1) The minister is responsible for all matters not by law assigned to any other minister or government agency respecting greenhouse gas emissions, climate change and adaptation to climate change.

(2) For the purposes of carrying out the minister’s responsibilities, the minister may: (

a) guide, promote, co-ordinate and implement policies, strategies and programs respecting greenhouse gas emissions, climate change and adaptation to climate change; (

b) undertake planning, research and investigations and make forecasts respecting greenhouse gas emissions, climate change and adaptation to climate change; (

c) install, operate and maintain, or cause to be installed, operated or maintained, devices to measure greenhouse gases; (

d) obtain and collect data respecting greenhouse gas emissions, climate change and adaptation to climate change; (

e) provide information to the public, and undertake programs of education, awareness and demonstration, respecting greenhouse gas emissions, climate change and adaptation to climate change; (

f) promote the reduction of greenhouse gas emissions and the sequestration of greenhouse gases; (

g) maintain records of greenhouse gas emissions; (

h) recommend targets for reductions of greenhouse gas emissions; (

i) establish and maintain registries of offsets;

MANAGEMENT AND REDUCTION OF GREENHOUSE GASES 6 6 (

j) recognize actions taken before the coming into force of this Act to reduce greenhouse gas emissions and, for that purpose, may: (

i) establish guidelines, policies and codes respecting the criteria for recognition for early action, who may apply for recognition for early action and the manner of applying for recognition for early action; and (ii) issue certificates and impose any terms and conditions that the minister considers appropriate on those certificates; (

k) determine what are pre-certified investments and, for that purpose, may: (

i) establish guidelines, policies and codes respecting the criteria for approving those investments, who may apply for approval of those investments and the manner of applying for approval; and (ii) approve those investments and impose any terms and conditions that the minister considers appropriate on those approvals; (

l) determine other amounts of CO 2e that regulated emitters may deduct when calculating greenhouse gas emissions for the purposes of a return required by

section 18 and, for that purpose, may: (

i) establish guidelines, policies and codes respecting the criteria for determining those amounts, who may apply to receive permission to deduct those amounts and the manner of applying for permission; and (ii) permit those deductions and impose any terms and conditions that the minister considers appropriate on those permissions; (

m) develop or adopt codes respecting any matter governed by this Act, including codes respecting offsets and carbon compliance payments; (

n) determine those individuals or classes of individuals who are qualified persons and, for that purpose, may: (

i) establish guidelines, policies and codes respecting the criteria for determining who are qualified persons; and (ii) approve individuals or classes of individuals as qualified persons and impose any terms and conditions that the minister considers appropriate on those approvals; (

o) develop or adopt any guideline, standard, objective, management criterion, protocol or sim