Cap and Trade Cancellation Act, 2018 — Bill 4 (42nd Parliament, 1st Session)
Bill 4, 42-1
Ontario — Bills
role="main" class="main-container container js-quickedit-main-content" id="main-content">
Bill 4, Cap and Trade Cancellation Act, 2018
Phillips, Rod Minister of the Environment, Conservation and Parks
Royal Assent received. Statutes of Ontario 2018,
chapter 13
Please select
View bill
Status
Debates
Acts affected
Royal Assent
As Amended by Standing Committee
Original
Bill 4 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 4 and does not form part of the law.
Bill 4 has been enacted as
Chapter 13 of the Statutes of Ontario, 2018.
The
Bill sets out the Cap and Trade Cancellation Act, 2018 , which repeals the Climate
Change Mitigation and Low-carbon Economy Act, 2016 and provides for
various matters related to the wind down of the Cap and Trade Program.
Under
the Cap and Trade Cancellation Act, 2018 , the Government is required to establish
targets for reducing the amount of greenhouse gas emissions in Ontario. The
Minister of Environment, Conservation and Parks is required to prepare a
climate change plan and to prepare progress reports in respect of the plan.
With
respect to the wind down of the Cap and Trade Program, the matters addressed by
the Act include the following:
1. The
retirement and cancellation of cap and trade instruments.
2. The
payment by the Crown of compensation in respect of cap and trade instruments,
the amount of which is to be determined in accordance with the regulations. The
obligation to pay compensation is subject to various limitations set out in the
Act.
3. Preventing
any cause of action from arising against the Crown and specified related
persons as a result of various specified matters, including the enactment of
the Act and the repeal of the Climate Change Mitigation
and Low-carbon Economy Act, 2016 .
4. The
extinguishment of any existing proceedings, and the prevention of any future
proceedings, against the Crown and other specified related persons, in relation
to specified matters.
Bill 4 2018
Act respecting the preparation of a climate change plan, providing for the wind
down of the cap and trade program and repealing the Climate Change Mitigation
and Low-carbon Economy Act, 2016
Contents
General
Interpretation
Attribution
of emissions
Targets, Plan and Progress Reports
Targets
Climate
change plan
Minister’s
progress reports
Cap and Trade Instruments
Retirement
of eligible instruments
Cancellation
of instruments
Compensation in Respect of Cap
and Trade Instruments
Compensation
to participant
General
compensation
cause of action
Continuation
of account
Non-application
of Financial Administration Act
Existing
aboriginal or treaty rights
Delegation
by Minister
Regulations,
general
Repeal, Commencement and
Short Title
Repeal
Commencement
Short
title
Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
General
Interpretation
(1) In this Act,
“cap
and trade accounts” means, in relation to a participant, the cap and trade
accounts that were established under the Climate Change
Mitigation and Low-carbon Economy Act, 2016 for the participant; (“comptes du
programme de plafonnement et d’échange”)
“cap
and trade instrument” means an instrument described in subsection (2); (“instrument
du programme de plafonnement et d’échange”)
“CO 2 e”
means, when used in reference to a quantity of greenhouse gas, the equivalent
quantity of carbon dioxide, calculated in accordance with the regulations; (“éq.
CO 2 ”)
“greenhouse
gas” means a prescribed greenhouse gas; (“gaz à effet de serre”)
“Minister”
means the Minister of the Environment, Conservation and Parks or such other
member of the Executive Council as may be assigned the administration of this
Act under the
Executive Council Act ; (“ministre”)
“participant”
means a person who was registered as a mandatory participant, a voluntary
participant or a market participant under the Climate
Change Mitigation and Low-carbon Economy Act, 2016 on July 3, 2018; (“participant”)
“person” includes an individual, corporation, partnership,
sole proprietorship, association or any other organization or entity;
(“personne”)
“prescribed” means prescribed by a regulation made under this
Act. (“prescrit”)
Cap
and trade instrument
(2) For
the purposes of the definition of “cap and trade instrument” in subsection (1),
a cap and trade instrument means one of the following:
1. An
Ontario emission allowance within the meaning of subsection 1 (1) of the Climate Change Mitigation and Low-carbon Economy Act, 2016
as that provision read immediately before the repeal of that Act.
2. An
Ontario credit within the meaning of subsection 1 (1) of the Climate Change Mitigation and Low-carbon Economy Act, 2016
as that provision read immediately before the repeal of that Act.
3. An
instrument that was, on July 2, 2018, set out in Column 1 of the Table to
section 10.1 of Ontario Regulation 144/16 (The Cap and Trade Program) made
under the Climate Change Mitigation and Low-carbon Economy
Act, 2016 .
Attribution
of emissions
(1) For the purposes of this Act, the amount of
all greenhouse gas emissions attributed to a participant is the amount
prescribed by the regulations or determined in accordance with the regulations.
Same
(2) Despite
subsection (1), in prescribed circumstances the amount of greenhouse gas
emissions shall be determined by the Minister in accordance with the
regulations.
Opportunity
to be heard
(3) If
the Minister proposes to determine the amount of greenhouse gas emissions to be
attributed to a participant, the Minister shall give the participant notice of
the proposal in accordance with the regulations and shall, in accordance with
the regulations, give the participant an opportunity to be heard.
Equivalence
in CO 2 e
(4) Each
cap and trade instrument is equivalent to one tonne of CO 2 e or such
other amount of CO 2 e as may be prescribed.
Targets, Plan and Progress Reports
Targets
(1) The Government shall establish targets for
the reduction of greenhouse gas emissions in Ontario and may revise the targets
from time to time.
Public
notice
(2) The
Government shall make the targets and any revisions to them available to the
public on a website of the Government or in such other manner as may be
prescribed.
Climate
change plan
(1) The Minister,
with the approval of the Lieutenant Governor in Council, shall prepare a
climate change plan and may revise the plan from time to time.
Advisory
panel
(2) The
Minister may, for the purpose of taking any steps with respect to the climate
change plan, appoint panels to perform such advisory functions as the Minister
considers advisable.
Public
notice
(3) The
Minister shall make the plan and any revisions to it available to the public on
a website of the Government or in such other manner as may be prescribed.
Status
(4) For
greater certainty, the plan and any revisions to it are not undertakings within
the meaning of the Environmental Assessment Act .
Minister’s
progress reports
(1) The Minister shall, on a regular basis,
prepare reports in respect of the climate change plan.
Public
notice
(2) The
Minister shall make each report available to the public on a website of the
Government or in such other manner as may be prescribed.
Cap and Trade Instruments
Retirement
of eligible instruments
Eligible
instrument
(1) In this section,
“eligible
instrument” means a cap and trade instrument that,
(
a) was
held in the cap and trade accounts of a participant on July 3, 2018, and
(
b) is
not classified with or assigned a vintage year of 2021.
Retirement
(2) Eligible
instruments of a participant are retired as follows:
1. If
the number of eligible instruments of the participant is equal to or greater
than that aggregate amount of all greenhouse gas emissions attributed to the
participant in respect of the prescribed time period, the number of eligible
instruments equivalent to that aggregate amount shall be retired.
2. If
the number of eligible instruments of the participant is less than the aggregate
amount of all greenhouse gas emissions attributed to the participant in respect
of the prescribed time period, all of the eligible instruments shall be retired.
Cancellation
of instruments
7 The following cap and trade instruments are cancelled:
1. All
cap and trade instruments held in the cap and trade accounts of participants on
July 3, 2018, other than any number of cap and trade instruments in the
accounts that are retired under
section 6.
2. All
cap and trade instruments that were created under the Climate
Change Mitigation and Low-carbon Economy Act, 2016 and were never
distributed.
Compensation in Respect of Cap and Trade Instruments
Compensation to participant
(1) The
Crown shall pay compensation, out of money appropriated under
section 11 or
money otherwise appropriated for such purposes by the Legislature, to a
participant in accordance with this
section and the regulations.
Emissions
to be expressed as equivalent number of cap and trade instruments
(2) For
the purposes of applying this section, the number of tonnes of greenhouse gas
emissions shall be expressed as the equivalent number of cap and trade
instruments, as determined in accordance with subsection 2 (4).
instruments distributed free of charge do not exceed aggregate emissions
(3) If
the number of instruments that were distributed free of charge to the
participant under the Climate Change Mitigation and
Low-carbon Economy Act, 2016 is equal to or less than the aggregate
amount of all greenhouse gas emissions attributed to the participant in respect
of the prescribed time period, the maximum number of cap and trade instruments
in respect of which compensation may be paid to a participant shall be determined
by applying the following formula:
= B − C
where,
= the maximum number of cap and trade instruments in respect of which
compensation may be paid to the participant,
= the number of cap and trade instruments held in the participant’s cap and
trade accounts that are cancelled under paragraph 1 of
section 7, and
= the number of the participant’s cap and trade instruments referred to in “B”
that are classified with or assigned a vintage year of 2021.
instruments distributed free of charge exceed aggregate emissions
(4) If
the number of instruments that were distributed free of charge to the
participant under the Climate Change Mitigation and
Low-carbon Economy Act, 2016 is greater than the aggregate amount of all
greenhouse gas emissions attributed to the participant in respect of the
prescribed time period, the maximum number of cap and trade instruments in
respect of which compensation may be paid to a participant shall be determined
by applying the following formula:
= (B − C) − (D −
E) where,
= the maximum number of cap and trade instruments in respect of which
compensation may be paid to the participant,
= the number of cap and trade instruments held in the participant’s cap and
trade accounts that are cancelled under paragraph 1 of
section 7,
= the number of the participant’s cap and trade instruments referred to in “B”
that are classified with or assigned a vintage year of 2021,
= the number of cap and trade instruments that were distributed free of charge
to the participant, and
= the aggregate amount of all greenhouse gas emissions attributed to the
participant in respect of the prescribed time period.
compensation, specified participants
(5) Unless
otherwise provided by a regulation made under paragraph 5 of subsection 15 (2),
no compensation shall be paid to the following participants:
1. A
participant that was registered as a market participant within the meaning of
the Climate Change Mitigation and Low-carbon Economy Act,
2016 .
2. A
participant that was registered as a participant with respect to the
importation of electricity into Ontario for consumption in Ontario.
3. A
participant that was registered as a participant with respect to the
distribution of natural gas in Ontario.
4. A
participant that was registered as a participant with respect to the operation
of equipment related to the transmission, storage or transportation of natural
gas in Ontario.
5. A
participant that was registered as a participant with respect to the supply of
petroleum products for consumption in Ontario.
6. A
participant that was registered as a participant with respect to the operation
of equipment for a transmission system within the meaning of subsection 2
(1) of the Electricity Act, 1998 and that has been
issued an order under subsection 78 (3) of the Ontario
Energy Board Act, 1998 .
7. A
participant that was registered as a participant with respect to electricity
generation in Ontario at a facility at which the primary activity was
electricity generation and at which no products were produced other than
electricity and any heat, steam or by-product gas.
General
compensation
9 Except as set out in
section 8, no person is entitled to
any compensation or damages in respect of the value of cap and trade
instruments retired or cancelled under this Act or for any other loss,
including loss of revenues or loss of profits, related, directly or indirectly,
to the enactment of this Act, the making or revocation of any regulation under
this Act, the repeal of the Climate Change Mitigation and
Low-carbon Economy Act, 2016 or the making or revocation of any
regulation under that Act.
cause of action
(1) No cause of action arises against the Crown
or any current or former member of the Executive Council or any current or
former employee or agent of or advisor to the Crown as a direct or indirect
result of,
(
a) the
enactment, operation, administration or repeal of any provision of this Act or
the enactment, operation, administration or repeal of the Climate
Change Mitigation and Low-carbon Economy Act, 2016 ;
(
b) the
making or revocation of any provision of a regulation made under this Act or made
under the Climate Change Mitigation and Low-carbon Economy
Act, 2016 ;
(
c) anything
done in accordance with or under this Act or a regulation made under this Act
or anything not done in accordance with this Act or a regulation made under
this Act, including any decision related to participants’ eligibility to
receive compensation or the amount of such compensation;
(
d) the
retirement or cancellation of any cap and trade instrument in accordance with
this Act; or
(
e) any
act or omission related to the wind down of the cap and trade program
established under the Climate Change Mitigation and Low-carbon
Economy Act, 2016 , including the decision to have no further
distribution of cap and trade instruments by auction.
Proceedings
barred
(2) No
proceeding, including but not limited to any proceeding for a remedy in
contract, restitution, tort, misfeasance, bad faith, trust or fiduciary
obligation, and any remedy under any statute, that is directly or indirectly
based on or related to anything referred to in subsection (1) may be brought or
maintained against the Crown or any current or former member of the Executive
Council or any current or former employee or agent of or advisor to the Crown.
Application
(3) Subsection
(2) applies to any action or other proceeding claiming any remedy or relief,
including specific performance, injunction, declaratory relief, any form of
compensation or damages, or any other remedy or relief, and includes a
proceeding to enforce a judgment or order made by a court or tribunal outside
of Canada.
Retrospective
effect
(4) Subsections
(2) and (3) apply regardless of whether the cause of action on which the
proceeding is purportedly based arose before, on or after the day this subsection
comes into force.
Proceedings
set aside
(5) Any
proceeding referred to in subsection (2) or (3) commenced before the day
this subsection comes into force shall be deemed to have been dismissed,
without costs, on the day this subsection comes into force.
expropriation or injurious affection
(6) Nothing
done or not done in accordance with this Act or the Climate
Change Mitigation and Low-carbon Economy Act, 2016 , or any regulation
under this Act or the Climate Change Mitigation and
Low-carbon Economy Act, 2016 , constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Continuation
of account
(1) The account established in the Public
Accounts under subsection 71 (1) of the Climate Change
Mitigation and Low-carbon Economy Act, 2016 is continued, to be known as
programme de plafonnement et d’échange in
French, in which shall be recorded the following amounts:
1. The
amount of the balance in the account immediately before this subsection comes
into force.
2. All
expenditures of public money incurred under subsection (2).
Authorized
expenditures
(2) Amounts not exceeding
the balance in the account may be charged to the Cap and Trade Wind Down Account
and paid out of the Consolidated Revenue Fund for the following purposes:
1. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the administration of this Act and the regulations.
2. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the administration and enforcement of the Climate Change
Mitigation and Low-carbon Economy Act, 2016 and the regulations made under
that Act.
3. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the repeal of the Climate Change Mitigation and Low-carbon
Economy Act, 2016 or the revocation of regulations made under that Act.
4. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the winding down of the administration and enforcement of the Climate Change Mitigation and Low-carbon Economy Act, 2016 .
5. To
fund costs incurred by the Crown, directly or indirectly, in connection with
any purpose described in paragraph 2 of subsection 71 (2) of the Climate Change Mitigation and Low-carbon Economy Act, 2016 related
to an initiative, if the initiative was reviewed and evaluated under subsection
71 (3) of that Act.
6. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the wind down of initiatives referred to in paragraph 5 or any initiative
funded under the Climate Change Mitigation and Low-carbon
Economy Act, 2016.
7. To
fund compensation under
section 8 and related costs incurred by the Crown,
directly or indirectly.
8. To
reimburse the Crown for expenditures incurred by the Crown, directly or
indirectly, for any purpose described in paragraphs 1 to 7.
Same
(3) The
funding of a cost described in paragraph 3, 4 or 6 of subsection (2) may be
provided for a cost incurred by the Crown before the day this subsection comes
into force.
Repeal
(4) On
the day this subsection comes into force, this
section is repealed.
Non-application
of Financial Administration Act
12 Subsection 16.0.1 (3) of the Financial
Administration Act does not apply in respect of a refund or repayment of
an expenditure or advance charged to a statutory appropriation in,
(a) subsection
11 (2); or
(b) subsection
71 (2) of the Climate Change Mitigation and Low-carbon
Economy Act, 2016.
Existing
aboriginal or treaty rights
13 For greater certainty, nothing in this Act shall be
construed so as to abrogate or derogate from the protection provided for the
existing aboriginal and treaty rights of the aboriginal peoples of Canada as
recognized and affirmed in
section 35 of the Constitution
Act, 1982 .
Delegation
by Minister
14 The Minister may delegate any of the Minister’s powers or
duties under this Act to a public servant appointed under
Part III of the Public Service of Ontario Act, 2006 , and may impose
restrictions with respect to the delegation.
Regulations,
general
(1) The Lieutenant Governor in Council may make
regulations,
(
a) g overning anything that is required or permitted to be
prescribed or that is required or permitted to be done by, or in accordance
with, the regulations or as authorized, specified or provided in the
regulations;
(
b) defining,
for the purposes of a regulation, words and expressions used in this Act that
are not defined in the Act;
(
c) providing
for such other matters as the Lieutenant Governor in Council considers
advisable to carry out the purpose of this Act.
Regulations, compensation
(2) The Lieutenant Governor in Council may make
regulations governing compensation required to be paid to participants under
section 8, including but not limited to the following:
1. Prescribing
the amount of compensation to be paid to a participant or class of participants
in respect of each cap and trade instrument, which may include prescribing
different amounts for different types of cap and trade instruments, or
prescribing a procedure for determining such amounts.
2. Prescribing
criteria that must be met or circumstances that must apply in order for
compensation to be paid.
3. Prescribing the circumstances in which the Minister
is required to make adjustments to the amount of compensation that would
otherwise be required to be paid to a participant or class of participants,
which may include requiring the Minister to decrease the amount or prohibiting
the Minister from paying any amount.
4. Governing adjustments mentioned in paragraph 3.
5. Authorizing, despite subsection 8 (5), compensation
to be paid to a prescribed participant or class of participants.
6. Limiting
the compensation authorized to be paid under paragraph 5, which may include,
i. limits
that apply in prescribed circumstances, and
ii. limits
in respect of a prescribed number of cap and trade instruments or a number of
cap and trade instruments determined in accordance with a prescribed method.
Incorporation
by reference
(3) A
regulation may incorporate, in whole or in part and with such changes as the
Lieutenant Governor in Council considers necessary, a document, including a
code, formula, standard, protocol, procedure or guideline, as the document may
be amended or remade.
Same
(4) An
amendment to a document referred to in subsection (3), or a document referred
to in subsection (3) as remade, comes into effect upon the Ministry publishing
notice of the amendment or remade document in The
Ontario Gazette or in the registry under the Environmental
Bill of Rights, 1993 .
Conflict
with Statutory Powers Procedure Act
(5) A
regulation may provide that it prevails over a provision of the Statutory Powers Procedure Act , despite anything in that
Act.
Repeal, Commencement and
Short Title
Repeal
16 The Climate Change Mitigation and
Low-carbon Economy Act, 2016 is repealed.
Commencement
17 This Act comes into force on a day to be named by
proclamation of the Lieutenant Governor.
Short
title
18 The
short title of this Act is the Cap
and Trade Cancellation Act, 2018 .
Bill 4 As Amended by Standing Committee (PDF)
This
reprint of the Bill is marked to indicate the changes that were made in
Committee.
The
changes are indicated by underlines for new text and a strikethrough for deleted text.
______________
EXPLANATORY
NOTE
The
Bill sets out the Cap and Trade Cancellation Act, 2018 , which repeals the Climate
Change Mitigation and Low-carbon Economy Act, 2016 and provides for
various matters related to the wind down of the Cap and Trade Program.
Under
the Cap and Trade Cancellation Act, 2018 , the Government is required to establish
targets for reducing the amount of greenhouse gas emissions in Ontario. The
Minister of Environment, Conservation and Parks is required to prepare a
climate change plan and to prepare progress reports in respect of the plan.
With
respect to the wind down of the Cap and Trade Program, the matters addressed by
the Act include the following:
1. The
retirement and cancellation of cap and trade instruments.
2. The
payment by the Crown of compensation in respect of cap and trade instruments,
the amount of which is to be determined in accordance with the regulations. The
obligation to pay compensation is subject to various limitations set out in the
Act.
3. Preventing
any cause of action from arising against the Crown and specified related
persons as a result of various specified matters, including the enactment of
the Act and the repeal of the Climate Change Mitigation
and Low-carbon Economy Act, 2016 .
4. The
extinguishment of any existing proceedings, and the prevention of any future
proceedings, against the Crown and other specified related persons, in relation
to specified matters.
Bill 4 2018
Act respecting the preparation of a climate change plan, providing for the wind
down of the cap and trade program and repealing the Climate Change Mitigation
and Low-carbon Economy Act, 2016
Contents
General
Interpretation
Attribution
of emissions
Targets, Plan and Progress Reports
Targets
Climate
change plan
Minister’s
progress reports
Cap and Trade Instruments
Retirement
of eligible instruments
Cancellation
of instruments
Compensation in Respect of Cap
and Trade Instruments
Compensation
to participant
General
compensation
cause of action
Continuation
of account
Non-application
of Financial Administration Act
Existing
aboriginal or treaty rights
Delegation
by Minister
Regulations,
general
Repeal, Commencement and
Short Title
Repeal
Commencement
Short
title
Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
General
Interpretation
(1) In this Act,
“cap
and trade accounts” means, in relation to a participant, the cap and trade
accounts that were established under the Climate Change
Mitigation and Low-carbon Economy Act, 2016 for the participant; (“comptes du
programme de plafonnement et d’échange”)
“cap
and trade instrument” means an instrument described in subsection (2); (“instrument
du programme de plafonnement et d’échange”)
“CO 2 e”
means, when used in reference to a quantity of greenhouse gas, the equivalent
quantity of carbon dioxide, calculated in accordance with the regulations; (“éq.
CO 2 ”)
“greenhouse
gas” means a prescribed greenhouse gas; (“gaz à effet de serre”)
“Minister”
means the Minister of the Environment, Conservation and Parks or such other
member of the Executive Council as may be assigned the administration of this
Act under the
Executive Council Act ; (“ministre”)
“participant”
means a person who was registered as a mandatory participant, a voluntary
participant or a market participant under the Climate
Change Mitigation and Low-carbon Economy Act, 2016 on July 3, 2018; (“participant”)
“person” includes an individual, corporation, partnership,
sole proprietorship, association or any other organization or entity;
(“personne”)
“prescribed” means prescribed by a regulation made under this
Act. (“prescrit”)
Cap
and trade instrument
(2) For
the purposes of the definition of “cap and trade instrument” in subsection (1),
a cap and trade instrument means one of the following:
1. An
Ontario emission allowance within the meaning of subsection 1 (1) of the Climate Change Mitigation and Low-carbon Economy Act, 2016
as that provision read immediately before the repeal of that Act.
2. An
Ontario credit within the meaning of subsection 1 (1) of the Climate Change Mitigation and Low-carbon Economy Act, 2016
as that provision read immediately before the repeal of that Act.
3. An
instrument that was, on July 2, 2018, set out in Column 1 of the Table to
section 10.1 of Ontario Regulation 144/16 (The Cap and Trade Program) made
under the Climate Change Mitigation and Low-carbon Economy
Act, 2016 .
Attribution
of emissions
(1) For the purposes of this Act, the amount of all
greenhouse gas emissions attributed to a participant is the amount prescribed
by the regulations or determined in accordance with the regulations.
Same
(2) Despite
subsection (1), in prescribed circumstances the amount of greenhouse gas
emissions shall be determined by the Minister in accordance with the
regulations.
Opportunity
to be heard
(3) If
the Minister proposes to determine the amount of greenhouse gas emissions to be
attributed to a participant, the Minister shall give the participant notice of
the proposal in accordance with the regulations and shall, in accordance with
the regulations, give the participant an opportunity to be heard.
Equivalence
in CO 2 e
(4) Each
cap and trade instrument is equivalent to one tonne of CO 2 e or such
other amount of CO 2 e as may be prescribed.
Targets, Plan and Progress Reports
Targets
(1) The Government shall establish targets for
the reduction of greenhouse gas emissions in Ontario and may revise the targets
from time to time.
Public
notice
(2) The
Government shall make the targets and any revisions to them available to the
public on a website of the Government or in such other manner as may be
prescribed.
Climate
change plan
(1) The Minister,
with the approval of the Lieutenant Governor in Council, shall prepare a
climate change plan and may revise the plan from time to time.
Advisory panel
(2) The Minister may, for the purpose of
preparing the climate change plan, appoint panels to perform such advisory
functions as the Minister considers advisable.
Advisory panel
(2) The Minister may, for the purpose of
taking any steps with respect to the climate change plan, appoint panels to
perform such advisory functions as the Minister considers advisable.
Public
notice
(3) The
Minister shall make the plan and any revisions to it available to the public on
a website of the Government or in such other manner as may be prescribed.
Status
(4) For
greater certainty, the plan and any revisions to it are not undertakings within
the meaning of the Environmental Assessment Act .
Minister’s
progress reports
(1) The Minister shall, on a regular basis,
prepare reports in respect of the climate change plan.
Public
notice
(2) The
Minister shall make each report available to the public on a website of the
Government or in such other manner as may be prescribed.
Cap and Trade Instruments
Retirement
of eligible instruments
Eligible
instrument
(1) In this section,
“eligible
instrument” means a cap and trade instrument that,
(
a) was
held in the cap and trade accounts of a participant on July 3, 2018, and
(
b) is
not classified with or assigned a vintage year of 2021.
Retirement
(2) Eligible
instruments of a participant are retired as follows:
1. If
the number of eligible instruments of the participant is equal to or greater
than that aggregate amount of all greenhouse gas emissions attributed to the
participant in respect of the prescribed time period, the number of eligible
instruments equivalent to that aggregate amount shall be retired.
2. If
the number of eligible instruments of the participant is less than the aggregate
amount of all greenhouse gas emissions attributed to the participant in respect
of the prescribed time period, all of the eligible instruments shall be retired.
Cancellation
of instruments
7 The following cap and trade instruments are cancelled:
1. All
cap and trade instruments held in the cap and trade accounts of participants on
July 3, 2018, other than any number of cap and trade instruments in the
accounts that are retired under
section 6.
2. All
cap and trade instruments that were created under the Climate
Change Mitigation and Low-carbon Economy Act, 2016 and were never
distributed.
Compensation in Respect of Cap and Trade Instruments
Compensation to participant
(1) The
Crown shall pay compensation, out of money appropriated under
section 11 or
money otherwise appropriated for such purposes by the Legislature, to a participant
in respect of a number of cap and trade instruments that is no greater than the
number determined by applying the following formula:
A = B − C − D
where,
A = the maximum number of instruments in respect
of which compensation may be paid to the participant,
B = the number of instruments held in the
participant’s cap and trade accounts that are cancelled under paragraph 1 of
section 7,
C = the number of allowances that were
distributed free of charge to the participant under the Climate
Change Mitigation and Low-carbon Economy Act, 2016 , and
D = the number of instruments held in
the participant’s cap and trade accounts that are classified
with or assigned a vintage year of 2021.
Payment
(2) The amount of compensation payable shall
be determined in accordance with the regulations and shall be paid in accordance
with the regulations.
Prescribed criteria, circumstances
(3) The regulations may prescribe
criteria that must be met or circumstances that must apply in order for
compensation to be paid.
Compensation to participant
(1) The
Crown shall pay compensation, out of money appropriated under
section 11 or
money otherwise appropriated for such purposes by the Legislature, to a
participant in accordance with this
section and the regulations.
Emissions to be expressed as equivalent number of cap
and trade instruments
(2) For the purposes of applying this
section, the number of tonnes of greenhouse gas emissions shall be expressed as
the equivalent number of cap and trade instruments, as determined in accordance
with subsection 2 (4).
If instruments distributed free of charge do not
exceed aggregate emissions
(3) If the number of instruments that
were distributed free of charge to the participant under the Climate Change Mitigation and Low-carbon Economy Act, 2016 is
equal to or less than the aggregate amount of all greenhouse gas
emissions attributed to the participant in respect of the prescribed time
period, the maximum number of cap and trade instruments in respect of which
compensation may be paid to a participant shall be determined by applying the
following formula:
A = B − C
where,
A = the maximum number of cap and trade instruments
in respect of which compensation may be paid to the participant,
B = the number of cap and trade instruments held
in the participant’s cap and trade accounts that are cancelled under paragraph
1 of
section 7, and
C = the number of the participant’s cap and trade
instruments referred to in “B” that are classified with or assigned a vintage
year of 2021.
If instruments distributed free of charge exceed aggregate
emissions
(3.1) If the number of instruments that
were distributed free of charge to the participant under the Climate Change Mitigation and Low-carbon Economy Act, 2016 is
greater than the aggregate amount of all greenhouse gas emissions attributed
to the participant in respect of the prescribed time period, the maximum number
of cap and trade instruments in respect of which compensation may be paid to a
participant shall be determined by applying the following formula:
A = (B − C) − (D −
E) where,
A = the maximum number of cap and trade instruments
in respect of which compensation may be paid to the participant,
B = the number of cap and trade instruments held
in the participant’s cap and trade accounts that are cancelled under paragraph
1 of
section 7,
C = the number of the participant’s cap and trade
instruments referred to in “B” that are classified with or assigned a vintage
year of 2021,
D = the number of cap and trade instruments that
were distributed free of charge to the participant, and
E = the aggregate amount of all greenhouse gas
emissions attributed to the participant in respect of the prescribed time
period.
compensation, specified participants
(4) Unless
otherwise provided by a regulation made under paragraph 4 of subsection 15 (2),
no compensation shall be paid to the following participants:
1. A
participant that was registered as a market participant within the meaning of
the Climate Change Mitigation and Low-carbon Economy Act,
2016 .
2. A
participant that was registered as a participant with respect to the
importation of electricity into Ontario for consumption in Ontario.
3. A
participant that was registered as a participant with respect to the
distribution of natural gas in Ontario.
4. A
participant that was registered as a participant with respect to the operation
of equipment related to the transmission, storage
and transportation of natural gas storage
or transportation of natural gas in Ontario .
5. A
participant that was registered as a participant with respect to the supply of
petroleum products for consumption in Ontario.
6. A
participant that was registered as a participant with respect to the operation
of equipment for a transmission system within the meaning of subsection 2
(1) of the Electricity Act, 1998 and that has been
issued an order under subsection 78 (1) 78 (3) of the Ontario
Energy Board Act, 1998 .
7. A participant that was registered as a
participant with respect to electricity generation in Ontario at a facility at
which the primary activity was electricity generation and at which no products
were produced other than electricity and any heat, steam or by-product gas.
General
compensation
9 Except as set out in
section 8, no person is entitled to
any compensation or damages in respect of the value of cap and trade
instruments retired or cancelled under this Act or for any other loss,
including loss of revenues or loss of profits, related, directly or indirectly,
to the enactment of this Act, the making or revocation of any regulation under
this Act, the repeal of the Climate Change Mitigation and
Low-carbon Economy Act, 2016 or the making or revocation of any
regulation under that Act.
cause of action
(1) No cause of action arises against the Crown
or any current or former member of the Executive Council or any current or
former employee or agent of or advisor to the Crown as a direct or indirect
result of,
(
a) the
enactment, operation, administration or repeal of any provision of this Act or
the enactment, operation, administration or repeal of the Climate
Change Mitigation and Low-carbon Economy Act, 2016 ;
(
b) the
making or revocation of any provision of a regulation made under this Act or made
under the Climate Change Mitigation and Low-carbon Economy
Act, 2016 ;
(
c) anything
done in accordance with or under this Act or a regulation made under this Act
or anything not done in accordance with this Act or a regulation made under
this Act, including any decision related to participants’ eligibility to
receive compensation or the amount of such compensation;
(
d) the
retirement or cancellation of any cap and trade instrument in accordance with
this Act; or
(
e) any
act or omission related to the wind down of the cap and trade program
established under the Climate Change Mitigation and
Low-carbon Economy Act, 2016 , including the decision to have no further
distribution of cap and trade instruments by auction.
Proceedings
barred
(2) No
proceeding, including but not limited to any proceeding for a remedy in
contract, restitution, tort, misfeasance, bad faith, trust or fiduciary
obligation, and any remedy under any statute, that is directly or indirectly
based on or related to anything referred to in subsection (1) may be brought or
maintained against the Crown or any current or former member of the Executive
Council or any current or former employee or agent of or advisor to the Crown.
Application
(3) Subsection
(2) applies to any action or other proceeding claiming any remedy or relief,
including specific performance, injunction, declaratory relief, any form of
compensation or damages, or any other remedy or relief, and includes a
proceeding to enforce a judgment or order made by a court or tribunal outside
of Canada.
Retrospective
effect
(4) Subsections
(2) and (3) apply regardless of whether the cause of action on which the
proceeding is purportedly based arose before, on or after the day this subsection
comes into force.
Proceedings
set aside
(5) Any
proceeding referred to in subsection (2) or (3) commenced before the day
this subsection comes into force shall be deemed to have been dismissed,
without costs, on the day this subsection comes into force.
expropriation or injurious affection
(6) Nothing
done or not done in accordance with this Act or the Climate
Change Mitigation and Low-carbon Economy Act, 2016 , or any regulation
under this Act or the Climate Change Mitigation and
Low-carbon Economy Act, 2016 , constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Continuation
of account
(1) The account established in the Public
Accounts under subsection 71 (1) of the Climate Change
Mitigation and Low-carbon Economy Act, 2016 is continued, to be known as
programme de plafonnement et d’échange in French, in which
shall be recorded the following amounts:
1. The
amount of the balance in the account immediately before this subsection comes
into force.
2. All
expenditures of public money incurred under subsection (2).
Authorized
expenditures
(2) Amounts not exceeding
the balance in the account may be charged to the Cap and Trade Wind Down Account
and paid out of the Consolidated Revenue Fund for the following purposes:
1. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the administration of this Act and the regulations.
2. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the administration and enforcement of the Climate Change
Mitigation and Low-carbon Economy Act, 2016 and the regulations made under
that Act.
3. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the repeal of the Climate Change Mitigation and Low-carbon
Economy Act, 2016 or the revocation of regulations made under that Act.
4. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the winding down of the administration and enforcement of the Climate Change Mitigation and Low-carbon Economy Act, 2016 .
5. To
fund costs incurred by the Crown, directly or indirectly, in connection with
any purpose described in paragraph 2 of subsection 71 (2) of the Climate Change Mitigation and Low-carbon Economy Act, 2016 related
to an initiative, if the initiative was reviewed and evaluated under subsection
71 (3) of that Act.
6. To
fund costs incurred by the Crown, directly or indirectly, in connection with
the wind down of initiatives referred to in paragraph 5 or any initiative
funded under the Climate Change Mitigation and Low-carbon
Economy Act, 2016.
7. To
fund compensation under
section 8 and related costs incurred by the Crown,
directly or indirectly.
8. To
reimburse the Crown for expenditures incurred by the Crown, directly or
indirectly, for any purpose described in paragraphs 1 to 7.
Same
(2.1) The funding of a cost described in
paragraph 3, 4 or 6 of subsection (2) may be provided for a cost incurred by
the Crown before the day this subsection comes into force.
Repeal
(3) On
the day this subsection comes into force, this
section is repealed.
Non-application
of Financial Administration Act
12 Subsection 16.0.1 (3) of the Financial
Administration Act does not apply in respect of a refund or repayment of
an expenditure or advance charged to a statutory appropriation in,
(a) subsection
11 (2); or
(b) subsection
71 (2) of the Climate Change Mitigation and Low-carbon
Economy Act, 2016.
Existing
aboriginal or treaty rights
13 For greater certainty, nothing in this Act shall be
construed so as to abrogate or derogate from the protection provided for the
existing aboriginal and treaty rights of the aboriginal peoples of Canada as
recognized and affirmed in
section 35 of the Constitution
Act, 1982 .
Delegation
by Minister
14 The Minister may delegate any of the Minister’s powers or
duties under this Act to a public servant appointed under
Part III of the Public Service of Ontario Act, 2006 , and may impose
restrictions with respect to the delegation.
Regulations,
general
(1) The Lieutenant Governor in Council may make
regulations,
(
a) g overning anything that is required or permitted to be
prescribed or that is required or permitted to be done by, or in accordance
with, the regulations or as authorized, specified or provided in the
regulations;
(
b) defining,
for the purposes of a regulation, words and expressions used in this Act that
are not defined in the Act;
(
c) providing
for such other matters as the Lieutenant Governor in Council considers
advisable to carry out the purpose of this Act.
Regulations, compensation
(2) The Lieutenant Governor in Council may make
regulations governing compensation required to be paid to participants under
section 8, including but not limited to the following:
1. Prescribing the amount of compensation to
be paid to a participant or class of participants or the procedure for
determining that amount.
1. Prescribing the amount of compensation to
be paid to a participant or class of participants in respect of each cap and
trade instrument, which may include prescribing different amounts for different
types of cap and trade instruments, or prescribing a procedure for determining
such amounts.
1.1 Prescribing criteria that must be met or
circumstances that must apply in order for compensation to be paid.
2. Prescribing the circumstances in which the Minister
is required to make adjustments to the amount of compensation that would
otherwise be required to be paid to a participant or class of participants,
which may include requiring the Minister to decrease the amount or prohibiting
the Minister from paying any amount.
3. Governing adjustments mentioned in paragraph 2.
4. Authorizing, despite subsection 8 (4), compensation
to be paid to a prescribed participant or class of participants.
5. Limiting the compensation authorized under
paragraph 4 such that it is only paid in respect of the
number of cap and trade instruments equivalent to the amount of greenhouse gas
emissions attributed to a participant in respect of a prescribed activity.
5. Limiting the compensation authorized to be
paid under paragraph 4, which may include,
i. limits that apply in prescribed
circumstances, and
ii. limits in respect of a prescribed
number of cap and trade instruments or a number of cap and trade instruments
determined in accordance with a prescribed method.
Incorporation
by reference
(3) A
regulation may incorporate, in whole or in part and with such changes as the
Lieutenant Governor in Council considers necessary, a document, including a
code, formula, standard, protocol, procedure or guideline, as the document may
be amended or remade.
Same
(4) An
amendment to a document referred to in subsection (3), or a document referred
to in subsection (3) as remade, comes into effect upon the Ministry publishing notice
of the amendment or remade document in The Ontario
Gazette or in the registry under the Environmental
Bill of Rights, 1993 .
Conflict
with Statutory Powers Procedure Act
(5) A
regulation may provide that it prevails over a provision of the Statutory Powers Procedure Act , despite anything in that
Act.
Repeal, Commencement and
Short Title
Repeal
16 The Climate Change Mitigation and
Low-carbon Economy Act, 2016 is repealed.
Commencement
17 This Act comes into force on a day to be named by
proclamation of the Lieutenant Governor.
Short
title
18 The
short title of this Act is the Cap
and Trade Cancellation Act, 2018 .
Bill 4 Original (PDF)
EXPLANATORY NOTE
The Bill sets out the Cap and Trade Cancellation Act, 2018 , which repeals the Climate Change Mitigation and Low-carbon Economy Act, 2016 and provides for various matters related to the wind down of the Cap and Trade Program.
Under the Cap and Trade Cancellation Act, 2018 , the Government is required to establish targets for reducing the amount of greenhouse gas emissions in Ontario. The Minister of Environment, Conservation and Parks is required to prepare a climate change plan and to prepare progress reports in respect of the plan.
With respect to the wind down of the Cap and Trade Program, the matters addressed by the Act include the following:
1. The retirement and cancellation of cap and trade instruments.
2. The payment by the Crown of compensation in respect of cap and trade instruments, the amount of which is to be determined in accordance with the regulations. The obligation to pay compensation is subject to various limitations set out in the Act.
3. Preventing any cause of action from arising against the Crown and specified related persons as a result of various specified matters, including the enactment of the Act and the repeal of the Climate Change Mitigation and Low-carbon Economy Act, 2016 .
4. The extinguishment of any existing proceedings, and the prevention of any future proceedings, against the Crown and other specified related persons, in relation to specified matters.
Bill 4 2018
An Act respecting the preparation of a climate change plan, providing for the wind down of the cap and trade program and repealing the Climate Change Mitigation and Low-carbon Economy Act, 2016
Contents
General
Interpretation
Attribution of emissions
Targets, Plan and Progress Reports
Targets
Climate change plan
Minister’s progress reports
Cap and Trade Instruments
Retirement of eligible instruments
Cancellation of instruments
Compensation in Respect of Cap and Trade Instruments
Compensation to participant
General
No compensation
No cause of action
Continuation of account
Non-application of Financial Administration Act
Existing aboriginal or treaty rights
Delegation by Minister
Regulations, general
Repeal, Commencement and
Short Title
Repeal
Commencement
Short title
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
General
Interpretation
(1) In this Act,
“cap and trade accounts” means, in relation to a participant, the cap and trade accounts that were established under the Climate Change Mitigation and Low-carbon Economy Act, 2016 for the participant; (“comptes du programme de plafonnement et d’échange”)
“cap and trade instrument” means an instrument described in subsection (2); (“instrument du programme de plafonnement et d’échange”)
“CO 2 e” means, when used in reference to a quantity of greenhouse gas, the equivalent quantity of carbon dioxide, calculated in accordance with the regulations; (“éq. CO 2 ”)
“greenhouse gas” means a prescribed greenhouse gas; (“gaz à effet de serre”)
“Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act ; (“ministre”)
“participant” means a person who was registered as a mandatory participant, a voluntary participant or a market participant under the Climate Change Mitigation and Low-carbon Economy Act, 2016 on July 3, 2018; (“participant”)
“person” includes an individual, corporation, partnership, sole proprietorship, association or any other organization or entity; (“personne”)
“prescribed” means prescribed by a regulation made under this Act. (“prescrit”)
Cap and trade instrument
(2) For the purposes of the definition of “cap and trade instrument” in subsection (1), a cap and trade instrument means one of the following:
1. An Ontario emission allowance within the meaning of subsection 1 (1) of the Climate Change Mitigation and Low-carbon Economy Act, 2016 as that provision read immediately before the repeal of that Act.
2. An Ontario credit within the meaning of subsection 1 (1) of the Climate Change Mitigation and Low-carbon Economy Act, 2016 as that provision read immediately before the repeal of that Act.
3. An instrument that was, on July 2, 2018, set out in Column 1 of the Table to
section 10.1 of Ontario Regulation 144/16 (The Cap and Trade Program) made under the Climate Change Mitigation and Low-carbon Economy Act, 2016 .
Attribution of emissions
(1) For the purposes of this Act, the amount of all greenhouse gas emissions attributed to a participant is the amount prescribed by the regulations or determined in accordance with the regulations.
Same
(2) Despite subsection (1), in prescribed circumstances the amount of greenhouse gas emissions shall be determined by the Minister in accordance with the regulations.
Opportunity to be heard
(3) If the Minister proposes to determine the amount of greenhouse gas emissions to be attributed to a participant, the Minister shall give the participant notice of the proposal in accordance with the regulations and shall, in accordance with the regulations, give the participant an opportunity to be heard.
Equivalence in CO 2 e
(4) Each cap and trade instrument is equivalent to one tonne of CO 2 e or such other amount of CO 2 e as may be prescribed.
Targets, Plan and Progress Reports
Targets
(1) The Government shall establish targets for the reduction of greenhouse gas emissions in Ontario and may revise the targets from time to time.
Public notice
(2) The Government shall make the targets and any revisions to them available to the public on a website of the Government or in such other manner as may be prescribed.
Climate change plan
(1) The Minister, with the approval of the Lieutenant Governor in Council, shall prepare a climate change plan and may revise the plan from time to time.
Advisory panel
(2) The Minister may, for the purpose of preparing the climate change plan, appoint panels to perform such advisory functions as the Minister considers advisable.
Public notice
(3) The Minister shall make the plan and any revisions to it available to the public on a website of the Government or in such other manner as may be prescribed.
Status
(4) For greater certainty, the plan and any revisions to it are not undertakings within the meaning of the Environmental Assessment Act .
Minister’s progress reports
(1) The Minister shall, on a regular basis, prepare reports in respect of the climate change plan.
Public notice
(2) The Minister shall make each report available to the public on a website of the Government or in such other manner as may be prescribed.
Cap and Trade Instruments
Retirement of eligible instruments
Eligible instrument
(1) In this section,
“eligible instrument” means a cap and trade instrument that,
(
a) was held in the cap and trade accounts of a participant on July 3, 2018, and
(
b) is not classified with or assigned a vintage year of 2021.
Retirement
(2) Eligible instruments of a participant are retired as follows:
1. If the number of eligible instruments of the participant is equal to or greater than that aggregate amount of all greenhouse gas emissions attributed to the participant in respect of the prescribed time period, the number of eligible instruments equivalent to that aggregate amount shall be retired.
2. If the number of eligible instruments of the participant is less than the aggregate amount of all greenhouse gas emissions attributed to the participant in respect of the prescribed time period, all of the eligible instruments shall be retired.
Cancellation of instruments
7 The following cap and trade instruments are cancelled:
1. All cap and trade instruments held in the cap and trade accounts of participants on July 3, 2018, other than any number of cap and trade instruments in the accounts that are retired under
section 6.
2. All cap and trade instruments that were created under the Climate Change Mitigation and Low-carbon Economy Act, 2016 and were never distributed.
Compensation in Respect of Cap and Trade Instruments
Compensation to participant
(1) The Crown shall pay compensation, out of money appropriated under
section 11 or money otherwise appropriated for such purposes by the Legislature, to a participant in respect of a number of cap and trade instruments that is no greater than the number determined by applying the following formula:
A = B − C − D
where,
A = the maximum number of instruments in respect of which compensation may be paid to the participant,
B = the number of instruments held in the participant’s cap and trade accounts that are cancelled under paragraph 1 of
section 7,
C = the number of allowances that were distributed free of charge to the participant under the Climate Change Mitigation and Low-carbon Economy Act, 2016 , and
D = the number of instruments held in the participant’s cap and trade accounts that are classified with or assigned a vintage year of 2021.
Payment
(2) The amount of compensation payable shall be determined in accordance with the regulations and shall be paid in accordance with the regulations.
Prescribed criteria, circumstances
(3) The regulations may prescribe criteria that must be met or circumstances that must apply in order for compensation to be paid.
No compensation, specified participants
(4) Unless otherwise provided by a regulation made under paragraph 4 of subsection 15 (2), no compensation shall be paid to the following participants:
1. A participant that was registered as a market participant within the meaning of the Climate Change Mitigation and Low-carbon Economy Act, 2016 .
2. A participant that was registered as a participant with respect to the importation of electricity into Ontario for consumption in Ontario.
3. A participant that was registered as a participant with respect to the distribution of natural gas in Ontario.
4. A participant that was registered as a participant with respect to the operation of equipment related to the transmission, storage and transportation of natural gas.
5. A participant that was registered as a participant with respect to the supply of petroleum products for consumption in Ontario.
6. A participant that was registered as a participant with respect to the operation of equipment for a transmission system within the meaning of subsection 2 (1) of the Electricity Act, 1998 and that has been issued an order under subsection 78 (1) of the Ontario Energy Board Act, 1998 .
General
No compensation
9 Except as set out in
section 8, no person is entitled to any compensation or damages in respect of the value of cap and trade instruments retired or cancelled under this Act or for any other loss, including loss of revenues or loss of profits, related, directly or indirectly, to the enactment of this Act, the making or revocation of any regulation under this Act, the repeal of the Climate Change Mitigation and Low-carbon Economy Act, 2016 or the making or revocation of any regulation under that Act.
No cause of action
(1) No cause of action arises against the Crown or any current or former member of the Executive Council or any current or former employee or agent of or advisor to the Crown as a direct or indirect result of,
(
a) the enactment, operation, administration or repeal of any provision of this Act or the enactment, operation, administration or repeal of the Climate Change Mitigation and Low-carbon Economy Act, 2016 ;
(
b) the making or revocation of any provision of a regulation made under this Act or made under the Climate Change Mitigation and Low-carbon Economy Act, 2016 ;
(
c) anything done in accordance with or under this Act or a regulation made under this Act or anything not done in accordance with this Act or a regulation made under this Act, including any decision related to participants’ eligibility to receive compensation or the amount of such compensation;
(
d) the retirement or cancellation of any cap and trade instrument in accordance with this Act; or
(
e) any act or omission related to the wind down of the cap and trade program established under the Climate Change Mitigation and Low-carbon Economy Act, 2016 , including the decision to have no further distribution of cap and trade instruments by auction.
Proceedings barred
(2) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, and any remedy under any statute, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against the Crown or any current or former member of the Executive Council or any current or former employee or agent of or advisor to the Crown.
Application
(3) Subsection (2) applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, or any other remedy or relief, and includes a proceeding to enforce a judgment or order made by a court or tribunal outside of Canada.
Retrospective effect
(4) Subsections (2) and (3) apply regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day this subsection comes into force.
Proceedings set aside
(5) Any proceeding referred to in subsection (2) or (3) commenced before the day this subsection comes into force shall be deemed to have been dismissed, without costs, on the day this subsection comes into force.
No expropriation or injurious affection
(6) Nothing done or not done in accordance with this Act or the Climate Change Mitigation and Low-carbon Economy Act, 2016 , or any regulation under this Act or the Climate Change Mitigation and Low-carbon Economy Act, 2016 , constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
Continuation of account
1. The amount of the balance in the account immediately before this subsection comes into force.
2. All expenditures of public money incurred under subsection (2).
Authorized expenditures
(2) Amounts not exceeding the balance in the account may be charged to the Cap and Trade Wind Down Account and paid out of the Consolidated Revenue Fund for the following purposes:
1. To fund costs incurred by the Crown, directly or indirectly, in connection with the administration of this Act and the regulations.
2. To fund costs incurred by the Crown, directly or indirectly, in connection with the administration and enforcement of the Climate Change Mitigation and Low-carbon Economy Act, 2016 and the regulations made under that Act.
3. To fund costs incurred by the Crown, directly or indirectly, in connection with the repeal of the Climate Change Mitigation and Low-carbon Economy Act, 2016 or the revocation of regulations made under that Act.
4. To fund costs incurred by the Crown, directly or indirectly, in connection with the winding down of the administration and enforcement of the Climate Change Mitigation and Low-carbon Economy Act, 2016 .
5. To fund costs incurred by the Crown, directly or indirectly, in connection with any purpose described in paragraph 2 of subsection 71 (2) of the Climate Change Mitigation and Low-carbon Economy Act, 2016 related to an initiative, if the initiative was reviewed and evaluated under subsection 71 (3) of that Act.
6. To fund costs incurred by the Crown, directly or indirectly, in connection with the wind down of initiatives referred to in paragraph 5 or any initiative funded under the Climate Change Mitigation and Low-carbon Economy Act, 2016.
7. To fund compensation under
section 8 and related costs incurred by the Crown, directly or indirectly.
8. To reimburse the Crown for expenditures incurred by the Crown, directly or indirectly, for any purpose described in paragraphs 1 to 7.
Repeal
(3) On the day this subsection comes into force, this
section is repealed.
Non-application of Financial Administration Act
12 Subsection 16.0.1 (3) of the Financial Administration Act does not apply in respect of a refund or repayment of an expenditure or advance charged to a statutory appropriation in,
(a) subsection 11 (2); or
(b) subsection 71 (2) of the Climate Change Mitigation and Low-carbon Economy Act, 2016.
Existing aboriginal or treaty rights
13 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in
section 35 of the Constitution Act, 1982 .
Delegation by Minister
14 The Minister may delegate any of the Minister’s powers or duties under this Act to a public servant appointed under
Part III of the Public Service of Ontario Act, 2006 , and may impose restrictions with respect to the delegation.
Regulations, general
(1) The Lieutenant Governor in Council may make regulations,
(
a) g overning anything that is required or permitted to be prescribed or that is required or permitted to be done by, or in accordance with, the regulations or as authorized, specified or provided in the regulations;
(
b) defining, for the purposes of a regulation, words and expressions used in this Act that are not defined in the Act;
(
c) providing for such other matters as the Lieutenant Governor in Council considers advisable to carry out the purpose of this Act.
Regulations, compensation
(2) The Lieutenant Governor in Council may make regulations governing compensation required to be paid to participants under
section 8, including but not limited to the following:
1. Prescribing the amount of compensation to be paid to a participant or class of participants or the procedure for determining that amount.
2. Prescribing the circumstances in which the Minister is required to make adjustments to the amount of compensation that would otherwise be required to be paid to a participant or class of participants, which may include requiring the Minister to decrease the amount or prohibiting the Minister from paying any amount.
3. Governing adjustments mentioned in paragraph 2.
4. Authorizing, despite subsection 8 (4), compensation to be paid to a prescribed participant or class of participants.
5. Limiting the compensation authorized under paragraph 4 such that it is only paid in respect of the number of cap and trade instruments equivalent to the amount of greenhouse gas emissions attributed to a participant in respect of a prescribed activity.
Incorporation by reference
(3) A regulation may incorporate, in whole or in part and with such changes as the Lieutenant Governor in Council considers necessary, a document, including a code, formula, standard, protocol, procedure or guideline, as the document may be amended or remade.
Same
(4) An amendment to a document referred to in subsection (3), or a document referred to in subsection (3) as remade, comes into effect upon the Ministry publishing notice of the amendment or remade document in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993 .
Conflict with Statutory Powers Procedure Act
(5) A regulation may provide that it prevails over a provision of the Statutory Powers Procedure Act , despite anything in that Act.
Repeal, Commencement and
Short Title
Repeal
16 The Climate Change Mitigation and Low-carbon Economy Act, 2016 is repealed.
Commencement
17 This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
18 The
short title of this Act is the Cap and Trade Cancellation Act, 2018 .
Date Bill stage Event Outcome Committee
October 31, 2018
Royal Assent
Royal Assent received
October 31, 2018
Third Reading
Vote
Carried on division
October 31, 2018
Third Reading
Deferred vote
October 31, 2018
Third Reading
Debated
October 30, 2018
Third Reading
Debated
October 23, 2018
Second Reading
Ordered for Third Reading pursuant to the Order of the House
October 23, 2018
Second Reading
Reported as amended
October 22, 2018
Second Reading
Consideration of a Bill
Standing Committee on General Government
October 17, 2018
Second Reading
Consideration of a Bill
Standing Committee on General Government
October 15, 2018
Second Reading
Consideration of a Bill
Standing Committee on General Government
October 3, 2018
Second Reading
Ordered referred to Standing Committee pursuant to the Order of the House
Standing Committee on General Government
October 3, 2018
Second Reading
Vote
Carried
October 3, 2018
Second Reading
Question put
October 3, 2018
Second Reading
Time allocated
September 13, 2018
Second Reading
Debated
September 12, 2018
Second Reading
Debated
August 8, 2018
Second Reading
Debated
August 7, 2018
Second Reading
Debated
August 2, 2018
Second Reading
Debated
August 1, 2018
Second Reading
Debated
July 31, 2018
Second Reading
Debated
July 25, 2018
First Reading
Vote
Carried on division
Debates and Progress
First Reading
July 25, 2018
Carried on division.
Committee
Second Reading
July 31, 2018
Principal Debaters :
Hon. Rod Phillips, Ms. Andrea Khanjin, Mrs. Belinda Karahalios Mr. Tabuns
Questions and Comments :
Mr. Chris Glover, Mrs. Nina Tangri, Ms. Rima Berns-McGown, Mr. Michael Parsa
August 1, 2018
Principal Debaters :
M me France Gélinas, Mrs. Amy Fee, Mr. Sam Oosterhoff, Mr. Bill Walker, Ms. Jessica Bell
Questions and Comments :
Mr. Goldie Ghamari, Mr. Joel Harden, Mr. Dave Smith, Ms. Jill Andrew, Mr. Peter Tabuns, Mr. Billy Pang, Ms. Laura Mae Lindo, Mr. Jeremy Roberts, Ms. Jane McKenna, Mr. Jamie West, Mr. David Piccini, Mr. Taras Natyshak, Mr. John Fraser, Mr. Stephen Crawford, Mr Gilles Bisson, Mr. Prabmeet Singh Sarkaria
August 1, 2018 (Continued)
August 2, 2018
Principal Debaters :
Mr. Bill Walker, Mr. Michael Mantha, M me Nathalie Des Rosiers
Questions and Comments :
Mr. Joel Harden, Mrs. Robin Martin, Mr. Terence Kernaghan, Ms. Donna Skelly, Mrs. Belinda Karahalios, Mr. Percy Hatfield, Ms. Christine Hogarth, Mr. Jamie West
August 7, 2018
Principal Debaters :
Mr. Mike Schreiner, Ms. Goldie Ghamari, Ms. Jennifer K. French
Questions and Comments :
Mr. Paul Calandra, Mr. Jamie West, Mr. Kaleed Rasheed, Ms. Teresa J. Armstrong, Ms. Catherine Fife, Ms. Natalia Kusendova, Mrs. Jennifer (Jennie) Stevens, Mr. Aris Babikian
August 8, 2018
Principal Debaters :
Mr. Jeremy Roberts, Mr. Percy Hatfield, Mr. Deepak Anand, Mr. Gilles Bisson
Questions and Comments :
Mr. Michael Mantha, Mrs. Robin Martin, Ms. Jane McKenna, Mr. Ross Romano, Mr. Jeff Burch, Mrs. Belinda Karahalios, Mr. Guy Bourgouin, Mr. Doug Downey, Mr. Prabmeet Singh Sarkaria
September 12, 2018
Principal Debaters :
Mr. Doug Downey, Mr. Ross Romano, Mr. Prabmeet Singh Sarkaria, Mr. Gilles Bisson, Ms. Peggy Sattler, Ms. Laura Mae Lindo
Questions and Comments :
M me France Gélinas, Mr. Jeremy Roberts, Mr. John Vanthof, Mr. Percy Hatfield, Mrs. Belinda Karahalios, Mr. Sam Oosterhoff, Mrs. Robin Martin, Mr. Deepak Anand, Ms. Andrea Khanjin, Mr. Mike Harris, Mr. Sol Mamakwa, Mr. Aris Babikian
September 13, 2018
Principal Debaters :
Mr. Jeff Burch, Mrs. Gila Martow, Mr. Guy Bourgouin, Mr. Lorne Coe
Questions and Comments :
Mr. Vincent Ke, M me France Gélinas, Mr. Dave Smith, Ms. Teresea J. Armstrong, Mr. Billy Pang, Mr. Michael Mantha, Mr. Stephen Lecce, Mr. Ruddy Cuzzetto, Mr. Paul Calandra
September 13, 2018 (Conitinued)
Time Allocation
September 27, 2018
Hon. Peter Bethlenfalvy, Mr. Dave Smith
Time allocation
October 2, 2018
Hon. Todd Smith, Mr. Gilles Bisson
October 2, 2018 (Continued)
Vote deferred.
Time Allocation
October 3, 2018
Lost on division.
Carried on division. (Main motion)
October 3, 2018
Declared carried. Referred to the Standing Committee on General Government pursuant to the order of the House.
Committee
Standing Committee on General Government
October 15, 2018
October 17, 2018
October 22, 2018
October 23, 2018
Reported to the House as amended. Ordered for third reading pursuant to the order of the House.
Third Reading
October 30, 2018
Principal Debaters :
Hon. Rod Phillips, Mr. Ian Arthur, Mrs. Marie-France Lalonde, Mr. Mike Schreiner, Mr. Peter Tabuns
October 31, 2018
Principal Debaters :
Mr. Peter Tabuns, Mme Nathalie Des Rosiers, Ms. Andrea Khanjin, Ms. Mitzie Hunter
Vote deferred.
October 31, 2018
Carried on recorded division.
Royal Assent
Wednesday, October 31, 2018
Acts affected - Bill 4
Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws
Climate Change Migration and Low-carbon Economy Act, 2016
Legislative Assembly of Ontario
Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.
Back to top