Third Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 213

THE GREENHOUSE GAS EMISSIONS REPORTING ACT

(Assented to                                         )

WHEREAS reducing greenhouse gas emissions is essential to addressing climate change;

AND WHEREAS the Province of Manitoba supports Canada's commitment to the Kyoto Protocol, which requires Canada to reduce its greenhouse gas emissions to 6% below 1990 levels by 2012;

AND WHEREAS in June 2007, Manitoba joined with six western U.S. states (California, Arizona, New Mexico, Utah, Oregon and Washington) and British Columbia in the Western Climate Initiative (WCI);

AND WHEREAS in August 2007, under the WCI, Manitoba re-confirmed its target of reducing Manitoba's greenhouse gas emissions to 6% below 1990 levels by 2012;

AND WHEREAS it is desirable that there should be a convenient means by which citizens can monitor Manitoba's progress in reaching its 2012 greenhouse gas reduction targets, and subsequent reduction targets;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1

The following definitions apply in this Act.

"baseline 1990 level" means Manitoba's 1990 greenhouse gas emissions (18.0 megatonnes CO₂ equivalent), as determined by Environment Canada in its National Inventory Report, 1990-2005 — Greenhouse Gas Sources and Sinks in Canada. (« niveau de référence de 1990 »)

"greenhouse gas" means any or all of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and any other substance prescribed by regulation. (« gaz à effet de serre »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"quarter" means the three-month period beginning January 1^st, April 1^st, July 1^st or October 1^st in a year. (« trimestre »)

Quarterly progress reports on Manitoba's greenhouse gas emissions

2(1)

The minister must, on a quarterly basis beginning June 30, 2010, make public a report on Manitoba's greenhouse gas emissions for the previous quarter, which shall include

(a) a determination of Manitoba's greenhouse gas emissions for the previous quarter, expressed in megatonnes CO₂ equivalent; and

(b) beginning with the report due June 30, 2010, a statement comparing Manitoba's greenhouse gas emissions for the previous quarter with the emissions from the same quarter in the previous year, expressed as a percentage above or below the emissions from that previous year's quarter.

Date by which the quarterly progress reports are required

2(2)

The reports for each quarter must be made public on or before the following dates:

(a) for the quarter beginning on January 1 and ending on March 31 of a year, on or before June 30 of that year;

(b) for the quarter beginning on April 1 and ending on June 30 of a year, on or before September 30 of that year;

(c) for the quarter beginning on July 1 and ending on September 30 of a year, on or before December 31 of that year;

(d) for the quarter beginning on October 1 and ending on December 31 of a year, on or before March 31 of the following year.

Annual progress reports on Manitoba's greenhouse gas emissions

3(1)

Beginning with a report on Manitoba's greenhouse gas emissions for 2009, and continuing with a report for each year thereafter, the minister must make public annually a report that sets out

(a) a determination of Manitoba's greenhouse gas emissions for the previous year, expressed in megatonnes CO₂ equivalent; and

(b) a statement comparing Manitoba's greenhouse gas emissions for the previous year with the baseline 1990 level, expressed as a percentage above or below the baseline 1990 level.

Date by which the annual progress reports are required

3(2)

The reports for each year must be made public on or before March 31 of the following year, beginning with the report on Manitoba's greenhouse gas emissions for 2009 required to be made public on or before March 31, 2010.

Manner in which progress reports are to be made public

4

Each report under section 2 or 3 is to be made public by posting it on the Internet website of the department for which the minister is responsible, with a direct link to the report from the home page of the Government of Manitoba website.  Both the posting and the link are to remain accessible for a period of not less than 10 years.

Additional periodic reporting

5(1)

In addition to the reporting required under sections 2 and 3, the minister must also make public

(a) reports of data submitted by the Province of Manitoba to The Climate Registry, in a form and at the times specified by regulation;

(b) reports of data made public by the federal government's GHG Emissions Reporting Program, relating to facilities located in Manitoba, as soon as practicable after the federal government makes the data public; and

(c) reports of other data relating to greenhouse gas emissions in Manitoba that is publicly available, as prescribed by regulation, in a form and at times specified by regulation.

Manner in which the reports are to be made public

5(2)

A report under this section is to be made public by posting it on the Internet website of the department for which the minister is responsible.

Regulations

6

The Lieutenant Governor in Council may make regulations

(a) prescribing a substance as a greenhouse gas;

(b) for the purpose of clause 5(1)(c), prescribing data that must be reported;

(c) specifying the form in which and the times by which data referred to in clauses 5(1)(a) and (c) must be reported;

(d) defining any word or phrase used but not defined in this Act;

(e) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Crown bound

7

The Crown is bound by this Act.

C.C.S.M. reference

8

This Act may be referred to as chapter G100 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

9

This Act comes into force on the day it receives royal assent.