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Bill 165, Ontario Climate Crisis Strategy for the Public Sector Act, 2019

Tabuns, Peter

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Debates

Original

Bill 165 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Ontario Climate Crisis Strategy for the

Public Sector Act, 2019 , which requires the Lieutenant Governor in

Council to establish the Ontario Climate Crisis Strategy for the Public

Sector. The Minister responsible for the administration of the Act is also

required to prepare reports with respect to energy consumption by the public

sector and other related matters.

Bill 165 2019

Act to require the establishment of the Ontario Climate Crisis Strategy for the

Public Sector

Preamble

The

public sector in Ontario can play a leadership role with regard to action on the

climate crisis. Developing a climate crisis strategy for the public sector

will encourage action on the climate crisis in society at large. By putting its

own house in order, the Government of Ontario will establish a commitment to

encouraging the use of innovative technologies and techniques throughout

Ontario. Implementation of the strategy will demonstrate the advantages of

early action and result in the development of solutions that can be broadly

shared. It is important to establish objectives that reflect the urgency of

taking action on the climate crisis.

Therefore,

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

the Province of Ontario, enacts as follows:

Definition

this Act,

“public

sector” means the public sector within the meaning of the Public

Sector Salary Disclosure Act, 1996 ; (“secteur public”)

“regulations”

means the regulations made under this Act; (“règlements”)

“Strategy”

means the Ontario Climate Crisis Strategy for the Public Sector established

under subsection 2 (1). (“stratégie”)

Strategy

(1) The

Lieutenant Governor in Council shall, on or before the first anniversary of the

day this Act receives Royal Assent, establish the Ontario Climate Crisis

Strategy for the Public Sector.

Effective

date

(2) The

Strategy takes effect on the date specified in the Strategy, which shall be no

later than one year after the day this Act receives Royal Assent.

Contents

(3) The

Strategy shall set out a plan for achieving the following goals:

1. Capping,

within 12 months after the Strategy takes effect, emissions of greenhouse gases

from activities engaged in by the public sector, including activities engaged

in that relate to the following:

i. Facilities

leased, owned, operated or primarily funded by the public sector, including

housing facilities.

ii. Vehicles

owned by the public sector.

iii. The

integrated power system within the meaning of the Electricity

Act, 1998 .

2. Reducing

the emissions mentioned in paragraph 1 by a minimum of 5 per cent annually

until they reach net zero.

3. Reducing

the energy consumed at every new facility mentioned in subparagraph 1 i that is

constructed such that,

i. for

every facility for which construction commences on or after the second

anniversary of the day this Act receives Royal Assent, energy consumption is,

as determined in accordance with the regulations, at least 50 per cent less

than the energy consumption of an average comparable new private sector facility

in operation in the year the construction of the public sector facility

commences, and

ii. for

every facility for which construction commences on or after the fifth anniversary

of the day this Act received Royal Assent, net energy consumption is zero.

4. Achieving

such other goals as may be prescribed by the regulations.

Same

(4) The

Strategy shall provide for the following initiatives:

1. The

establishment of programs through which the Government of Ontario encourages

retrofitting facilities mentioned in subparagraph 1 i of subsection (3) and

making vehicles owned by the public sector more environmentally friendly.

2. The

development of purchasing guidelines for use by the public sector that,

i. promote

the provision of services by the public sector, including purchases made by the

public sector, in a manner that eliminates or substantially reduces greenhouse

gas emissions,

ii. establish,

as an evaluation criteria for a proposal, the amount of greenhouse gas

emissions that will result from a given proposal, as determined in accordance

with the regulations, and

iii. provide

that a proposal that will result in the emission of a given percentage of

greenhouse gases more than other proposals be disqualified.

3. Such

other initiatives as may be prescribed by the regulations.

Percentage

(5) The

percentage mentioned in subparagraph 2 iii of subsection (4) shall not exceed

10 per cent.

Legislation

Act, 2006

(6) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to the Strategy.

Reporting

(1) The

Minister responsible for the administration of this Act shall prepare and make

available to the public reports respecting,

(

a) the

consumption of energy by the public sector;

(

b) reductions

in the consumption of energy by the public sector;

(

c) the

energy consumption at new or retrofitted facilities mentioned in subparagraph 1

i of subsection 2 (3); and

(

d) such

other matters as may be prescribed by the regulations.

Same

(2) A

report prepared under this

section shall be prepared and made available to the

public in accordance with the regulations.

Audit

(3) Each

report prepared under this

section shall be audited in accordance with the

regulations.

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

the method for making a determination under subparagraph 3 i of subsection 2

(3);

(

b) prescribing

goals for the purposes of paragraph 4 of subsection 2 (3);

(

c) prescribing

the manner of determining the amount of greenhouse gases that will result from

a proposal referred to subparagraph 2 ii of subsection 2 (4);

(

d) prescribing

initiatives for the purposes of paragraph 3 of subsection 2 (4);

(

e) governing

amendments and updates to the Strategy;

(

f) prescribing

the manner in which notice of the Strategy and any amendments and updates to

the Strategy must be made available to the public;

(

g) governing

audits of reports prepared under

section 3;

(

h) respecting

any matter that it considers necessary or advisable to carry out the purpose of

this Act.

Commencement

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

Short

title

The

short title of this Act is the Ontario Climate Crisis

Strategy for the Public Sector Act, 2019 .

Date Bill stage Event Outcome Committee

December 11, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

December 11, 2019

Committee

Second Reading

Committee

Third Reading

Royal Assent

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