Ending Coal for Cleaner Air Act, 2013 Bradley, Hon. James J. Minister of the Environment — Bill 138 (40th Parliament, 2nd Session)

Bill 138, 40-2

Ontario — Bills

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Bill 138, Ending Coal for Cleaner Air Act, 2013

Bradley, Hon. James J. Minister of the Environment

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[40] Bill 138 Original (PDF)

Bill 138 2013

Act to amend the Environmental Protection Act to require the cessation of coal

use to generate electricity at generation facilities

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

1. The

Environmental Protection Act is amended by

adding the following Part:

PART

VI.1

Cessation of Coal Use at Generation Facilities

Definition

59.1 In

this Part,

"generation

facility" has the same meaning as in the Electricity Act,

1998 .

Cessation

of coal use, certain generation facilities

59.2

(1) The

owner and the operator of each of the following generation facilities shall

ensure that coal is not used to generate electricity at the generation facility

after December 31, 2014:

1. Atikokan

Generating Station, located on Highway 622 in the Township of Atikokan.

2. Lambton

Generating Station, located on St. Clair Parkway in the Township of St. Clair.

3. Nanticoke

Generating Station, located on Regional Road 55 South in Haldimand County.

4. Thunder

Bay Generating Station, located on 108th Avenue in the City of Thunder Bay.

Change

of name or ownership

(2) Subsection (1) applies in respect of

each generation facility named in that subsection even if the generation

facility's name or ownership changes.

Application

of s. 187 (4) and (5)

(3) Subsections 187 (4) and

(5) apply with respect to an offence under subsection 186 (1) of contravening

subsection (1).

Same

(4) For the purposes of subsections 187

(4) and (5), an offence under subsection 186 (1) of contravening subsection (1) is

deemed to be an offence described in subsection 187 (3).

Cessation

of coal use, general

59.3

(1) Subject

to subsection (2), no person shall use coal at a generation facility to

generate electricity in Ontario after December 31, 2014.

Exception

(2) Subsection (1) does not apply to the

following types of generation facilities:

1. A

generation facility at a facility that produces a product other than

electricity or steam where the generation of electricity is not the primary

purpose of the facility.

2. A

generation facility that uses heat, steam or by-product gas from another facility

that produces a product other than electricity or steam where the generation of

electricity is not the primary purpose of the other facility.

Definition

(3) In this section,

"by-product

gas" means a gas that is a by-product of a chemical reaction or physical process.

Exception,

exemption

59.4 Clause

175.1 (1) (

a) does not apply with respect to a generation facility that uses

coal to generate electricity in Ontario after December 31, 2014 unless the

generation facility is of a type of generation facility that is similar to the

type described in subsection 59.3 (2).

Commencement

2. This

Act comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

3. The

short title of this Act is the Ending Coal for Cleaner Air

Act, 2013 .

EXPLANATORY

NOTE

The

Bill amends the Environmental Protection Act by

adding a new

Part VI.1.

Section 59.2 prohibits the use of coal to generate

electricity at certain specified generation facilities after December 31,

2014. The greater fines set out in subsections 187 (4) and (5) of the Act

apply in respect of a conviction for breach of the prohibition in

section

59.2.

Section

59.3 generally prohibits the use of coal at generation facilities to generate

electricity after December 31, 2014. This prohibition does not apply in

respect of two types of generation facilities. One type is a generation

facility at a facility that produces a product other than electricity or steam

where the generation of electricity is not the primary purpose of the

facility. The other type is a generation facility that uses heat, steam or

by-product gas from another facility that produces a product other than

electricity or steam where the generation of electricity is not the primary

purpose of the other facility.

The

power to make regulations exempting any person or thing from any provision of

the Act does not apply to a generation facility that uses coal to generate

electricity unless the facility is of a type that is similar to the type that

is exempted under

section 59.3.

Date Bill stage Activity Committee

November 25, 2013

First Reading

Carried

Debates and Progress

First Reading

November 25, 2013

Minister's Statement and Mr. Michael Harris and Mr. Jonah Schein

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 138

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Environmental Protection Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 138, 40-2
Type	bill
Volume / chapter	p40 s2 bill 138 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4a10f93bcf3c126282a6a3c5389e89272e584bd9

Source file is stored in the law ingest library (html).