The Climate and Green Plan Amendment Act (Improved Climate Change Targets and Enhanced Ministerial Accountability)

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2nd Session, 42nd Legislature

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Bill 203

THE CLIMATE AND GREEN PLAN AMENDMENT ACT (IMPROVED CLIMATE CHANGE TARGETS AND ENHANCED MINISTERIAL ACCOUNTABILITY)

Bilingual version (PDF)

Explanatory Note

(Assented to )

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

C.C.S.M. c. C134 amended

The Climate and Green Plan Act is amended by this Act.

The preamble is amended by adding the following after the first paragraph:

AND WHEREAS measures for addressing climate change should be based on internationally accepted scientific findings, such as those of the United Nations Intergovernmental Panel on Climate Change;

AND WHEREAS these findings indicate that holding the increase in the global average temperature to below 1.5 degrees Celsius above pre-industrial levels is necessary to prevent dangerous climate change;

AND WHEREAS the global average temperature has increased nearly one degree Celsius above pre-industrial levels;

AND WHEREAS improved accountability to the public will enhance the government's effectiveness in addressing climate change;

Section 1 is amended

(a) in the definition "minister", by adding ", except in sections 1.2 to 1.4," before "means the minister";

(b) by repealing the definition "carbon savings account"; and

(c) by adding the following definitions:

"annual total emissions" means the total amount of emissions in a year measured in carbon dioxide equivalent tonnes, after taking into account any emissions offsets obtained in that year. (« émissions annuelles totales »)

"carbon dioxide equivalent" means the mass of carbon dioxide that would produce the same global warming impact as a given mass of another greenhouse gas, as determined in accordance with the regulations. (« équivalent CO₂ »)

The following is added after section 1 and before the centred heading that follows it:

GREENHOUSE GAS EMISSIONS REDUCTIONS

Emissions reduction targets

1.1(1)

The following targets are established for the reduction of greenhouse gas emissions in Manitoba:

(a) by 2030 and for each year after that until 2049, the annual total emissions in Manitoba must be at least 45% less than the annual total emissions in Manitoba in 2010;

(b) by 2050 and for each year after that, the annual total emissions in Manitoba must be zero.

Review

1.1(2)

The minister must review the targets established in this section at least once every three years and, after each review, may recommend to the Lieutenant Governor in Council that the emissions reduction targets be increased.

Considerations

1.1(3)

In reviewing the targets, the minister must take into account

(a) the most recent internationally accepted scientific findings on climate change, including those of the United Nations Intergovernmental Panel on Climate Change;

(b) the advice and recommendations of the council; and

Targets may be increased by LG in C

1.1(4)

On the recommendation of the minister, the Lieutenant Governor in Council may make regulations increasing the emissions reduction targets established in this section.

Reporting on reviews

1.1(5)

For 2023, 2026 and every third year after that, the minister must prepare a report on the review carried out under this section.

Timing

1.1(6)

The report must be completed no later than six months after the three-year review to which the report relates.

Report to be made public

1.1(7)

The minister must make the report public within one month after completing it.

MINISTERIAL ACCOUNTABILITY

Definitions

1.2

The following definitions apply in this section and sections 1.3 and 1.4.

"minister" means the President of the Executive Council and any member of the Executive Council who is appointed to preside over one or more departments and, for the purpose of subsection 1.3(2), includes

(a) a former minister; and

(b) the heirs and legal representatives of a minister or former minister. (« ministre »)

"ministerial salary" means the additional salary otherwise payable to a minister under The Legislative Assembly Act for services as a member of the Executive Council. (« traitement supplémentaire »)

"reporting period" means each year covered by the annual report prepared under subsection 5(1). (« période de déclaration »)

Withholding of ministerial salary

1.3(1)

Commencing on a minister's first anniversary in office that occurs in 2021 or after, and for each subsequent anniversary, 20% of each minister's ministerial salary must be withheld and paid into a separate withholding account within the Consolidated Fund.

Treatment of withheld salary

1.3(2)

On the day an annual report is tabled under subsection 5(7), the amount in the withholding account must

(a) be paid out to the minister if the report shows that the emissions reduction target in clause 1.1(1)(a) has been met or exceeded in the reporting period that applies; or

(b) continue to be held in the withholding account if the target has not been met.

Effect of change in government

1.3(3)

For the purpose of this section, a minister who is appointed after a change in government is deemed to be serving in office as a minister for the first time.

Application: 2030 and after

1.4

Section 1.3 applies, with necessary changes, in respect of each reporting period commencing in 2030 and after except that

(a) the emissions reduction target for each of those periods is the target in clause 1.1(1)(b); and

(b) the amount of the ministerial salary to be withheld and paid into the withholding account is

(i) 40% if the emissions reduction target established in clause 1.1(1)(a) has not been met or exceeded at the beginning of the applicable reporting period, or

(ii) 20% in any other case.

5(1)

Subsection 2(1) is amended by replacing everything before clause (b) with the following:

Climate and green plan

2(1)

The minister must develop a plan with a comprehensive framework of programs, policies and measures designed to

(a) achieve the targets established in section 1.1;

(a.1) prevent dangerous climate change;

(a.2) reflect the most recent internationally accepted scientific findings on climate change, including those of the United Nations Intergovernmental Panel on Climate Change;

5(2)

The following is added after subsection 2(1):

Sector-specific targets

2(1.1)

The climate and green plan must establish an interim target and a long-term target for reducing annual total emissions for each of the following sectors of economic activity:

(a) energy;

(b) agriculture;

(d) waste;

(e) the government departments and the government agencies and entities prescribed for the purpose of section 10;

(f) any other sector specified in the regulations.

Sector-specific and provincial targets may differ

2(1.2)

As long as the climate and green plan as a whole is designed to achieve the targets established in section 1.1, the targets established for an individual sector may differ from those targets.

5(3)

Subsection 2(3) is replaced with the following:

Annual review of climate and green plan

2(3)

The minister must review and revise the programs, policies and measures in the climate and green plan each year to ensure that they are achieving their designed objectives.

The centred heading before section 3 and sections 3 and 4 are repealed.

7(1)

Subsection 5(1) is replaced with the following:

Annual report on climate and green plan

5(1)

By April 30 of each year, the minister must prepare an annual report on the programs, policies and measures employed in the preceding year to implement the climate and green plan.

7(2)

Subsection 5(2) is amended in the section heading and in the subsection by striking out "greenhouse gas emissions" and substituting "annual total emissions".

7(3)

Subsection 5(3) is replaced with the following:

Progress on emissions reduction targets

5(3)

The annual report must set out

(a) the emissions reduction targets for the province and for each sector; and

(b) the progress made in the year toward achieving each target.

7(4)

The following is added after subsection 5(7):

Report to be made public

5(8)

The minister must make the annual report available to the public as soon as reasonably practicable after it is tabled, by posting it on a government website and by any other means the minister considers advisable.

Section 6 is repealed.

9(1)

Subsection 8(1) is replaced with the following:

Role of council

8(1)

The council is to

(a) provide advice and recommendations to the minister on increasing the emissions reduction targets established in section 1.1;

(b) provide advice and recommendations to the minister on programs, policies and measures to be included in the climate and green plan, including sector-specific targets established under subsection 2(1.1); and

(c) review progress on the implementation of the climate and green plan and provide advice on any required changes to the plan.

9(2)

Subsection 8(2) is repealed.

9(3)

The following is added as subsection 8(3):

Minister must meet with council

8(3)

The minister must meet with the council at least six times each year.

Section 12 is amended by adding the following after clause (a):

(a.1) respecting the manner in which greenhouse gas emissions are to be determined as a carbon dioxide equivalent;

(a.2) specifying sectors of economic activity for the purpose of subsection 2(1.1);

Coming into force

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

Explanatory Note

This Bill amends The Climate and Green Plan Act to change how reduction targets for greenhouse gas emissions are established and reported and to reduce ministers' salaries until the targets are achieved.

Under the current Act, the minister is to establish five-year reduction goals for emissions and to report on progress in achieving the goals. The Bill establishes longer term targets for reducing emissions and provides that the emissions reduction targets may be increased by regulation.

Starting in 2021, 20% of the additional salary paid to each Cabinet minister will be withheld until an interim target is met. Starting in 2031, an additional 20% will be retained until the long-term target of zero emissions is met.

The climate and green plan must be designed to achieve the targets and to prevent dangerous climate change. It must reflect the most recent scientific findings on climate change. The plan must also include interim and long-term targets for various sectors of Manitoba's economy.