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Bill 120, Liability for Climate-Related Harms Act, 2023

Tabuns, Peter

Begum, Doly

Bell, Jessica

Shaw, Sandy

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Status

Debates

Original

Bill 120 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Liability for Climate-Related Harms Act,

2023 . The Act provides that a fossil fuel producer is strictly liable

for climate-related harms that occur in Ontario if the producer is responsible

for greenhouse gas emissions at a globally detectable level. The Act contains a

definition of “climate-related harms”. Certain evidentiary matters are provided

for.

Bill 120 2023

Act respecting civil liability for climate-related harms

Preamble

Climate

change is real. It is already affecting Ontarians’ lives as the increased frequency

and intensity of wildfires and flooding creates significant and costly damage.

Climate change threatens to make life more expensive as people and governments

are required to pay for the harm it causes and for the protection of schools,

roads, hospitals and homes from unprecedented flooding and other extreme

weather events.

Enhanced

legal tools are required so that governments, businesses and individuals can

ensure that coal, oil and gas producers contribute their fair share to paying

for the harms to which their products contribute and for the necessary steps to

prevent future harms.

Therefore,

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

the Province of Ontario, enacts as follows:

Interpretation

this Act,

“climate

change” means a long-term change in the Earth’s climate caused by the

alteration of concentrations of greenhouse gas in the global atmosphere; (“changement

climatique”)

“climate-related

harms” means harms arising from climate change, including, without limitation,

(

a) economic

loss or physical loss of property, infrastructure, structures, resources or

other assets,

(

b) the

costs associated with obtaining and maintaining insurance reasonably required

due to the risk of the losses described in clause (a),

(

c) death,

injury, illness or other physical or psychological harms and the costs

associated with treating or caring for persons suffering from them,

(

d) harm

related to ocean acidification,

(

e) loss

of land or damage to infrastructure due to rising sea levels, including

slow-onset loss,

(

f) the

costs of monitoring, researching and analyzing the climate and the weather if

the costs are reasonably incurred to provide information about the effects of

climate change and appropriate adaptation measures,

(

g) the

costs of responding to emergencies arising from natural disasters associated

with climate change,

(

h) the

costs of constructing, renovating, repairing or improving infrastructure in

order to minimize such harms and costs in the future, and

(

i) the

costs of carrying out public education campaigns to inform the public about

reducing and avoiding such harms and costs; (“dommages liés au climat”)

“production”,

when used in respect of fossil fuels, includes exploration for sources of

fossil fuels, exploitation of fossil fuels and sale of fossil fuels. (“production”)

Strict

liability for climate-related harms

(1) Every

corporation, partnership, trust or other entity that is engaged in the

production of fossil fuels and to which a globally detectable level of

greenhouse gas emissions can be attributed, as determined in the regulations,

is strictly liable for climate-related harms that occur in Ontario.

Level

of greenhouse gas emissions

(2) The

determination of a producer’s level of greenhouse gas emissions shall be based

on,

(

a) emissions

resulting from the producer’s production of fossil fuels; and

(

b) emissions

resulting from the use of those fossil fuels.

Same

(3) Even

if the costs described in clauses (

f) to (

i) of the definition of

“climate-related harms” in

section 1 have not yet been incurred, subsection

(1) applies with respect to those costs if the court determines that they are

reasonably required for the planning, initiation or completion of the

activities mentioned in those clauses.

Evidentiary

matters

(1) In

determining whether particular harms or costs constitute climate-related harms

and in determining the quantum of damages or costs related to them, the court

may have regard to,

(

a) scientific

or statistical information or modelling;

(

b) historical

experience; and

(

c) information

derived from relevant studies, including information derived from sampling.

Evidence

re climate change causing particular events

(2) In

a case in which it is alleged that a particular weather event, flood or other

event or series of such events was caused by climate change, evidence that

climate change has doubled the likelihood of that type of event occurring is

sufficient to demonstrate, on a balance of probabilities, that the event was

caused by climate change or that climate change worsened the impact of the

event.

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) respecting

the determination of the greenhouse gas emissions that can be attributed to a

producer;

(

b) respecting

the determination of whether a producer’s greenhouse gas emissions level is

globally detectable.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Liability for Climate-Related Harms Act, 2023 .

Date Bill stage Event Outcome Committee

June 1, 2023

First Reading

Ordered for Second Reading

June 1, 2023

First Reading

Vote

Carried

First Reading

June 1, 2023

Carried

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