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S.M. 2008, c. 17
Bill 15, 2nd Session, 39th Legislature
The Climate Change and Emissions Reductions Act
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(Assented to June 12, 2008)
WHEREAS reducing greenhouse gas emissions is essential for the protection of human health and our environment;
AND WHEREAS actions taken by Manitobans can both reduce greenhouse gas emissions and promote sustainable economic development and energy security;
AND WHEREAS almost all electrical power generated in Manitoba is derived from renewable energy sources, and further reductions in the use of carbon-based fuels will make Manitoba's electrical system among the cleanest on the continent;
AND WHEREAS the federal government is taking actions and may take further actions to reduce greenhouse gas emissions from vehicles, and jurisdictions such as California have also taken actions to reduce emissions;
AND WHEREAS reducing greenhouse gas emissions and adapting to the effects of climate change will require co-operative, complementary and compatible activities across all sectors of the Manitoba economy;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"dealer" means a person who operates a retail establishment that, in the ordinary course of business, offers new private vehicles for sale or lease in Manitoba. (« concessionnaire »)
"distributor" means a person, including a manufacturer, who sells, consigns or delivers new private vehicles to a dealer for sale or lease in the ordinary course of business. (« distributeur »)
"emissions" means the release into the atmosphere of greenhouse gases that are attributable to human activity. (« émissions de gaz à effet de serre »)
"greenhouse gases" means the following gases:
(a) carbon dioxide;
(c) nitrous oxide;
(f) sulphur hexafluoride;
(g) a prescribed gas. (« gaz à effet de serre »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"new private vehicles" means new passenger vehicles and light-duty trucks sold or leased in Manitoba. (« véhicules particuliers neufs »)
"prescribed" means prescribed by regulation under this Act.
The purpose of this Act is to address climate change, to encourage and assist Manitobans in reducing emissions, to set targets for reducing emissions and to promote sustainable economic development and energy security.
TARGETS AND PROGRAMS
The initial emissions reduction target for Manitoba is to reduce Manitoba's emissions by December 31, 2012, to an amount that is at least 6% less than Manitoba's total 1990 emissions.
The Lieutenant Governor in Council may make regulations establishing further emissions reduction targets beyond 2012, including different reduction targets for different greenhouse gases.
The minister may determine the method of calculating emissions and emissions offsets for the purpose of quantifying Manitoba's emissions in any given year.
In making a determination under subsection (3), the minister shall have regard for relevant methodologies and principles that are used in other jurisdictions, including those that participate with Manitoba in regional or international climate change partnerships, and must consult with experts considered knowledgeable about standards for calculating emissions and offsets.
To assist in meeting the emissions reduction targets established under section 3 and in adapting to the effects of climate change, the minister may
(a) establish or participate in programs and other measures to reduce emissions; and
(b) enter into agreements to establish targets and to undertake co-operative, complementary or compatible activities
(i) with a person,
(ii) with representatives of different sectors of the Manitoba economy, or
(iii) if the Lieutenant Governor in Council approves, with the Government of Canada or of another province or a territory, or with an agency of any of them, or with the government of another jurisdiction.
For 2010, 2012 and every fourth year after 2012, the minister must prepare a report that
(a) assesses the current and predicted impacts of climate change for Manitoba; and
(b) describes the government's policies, programs, incentives and measures for assisting Manitobans and others to reduce emissions and adapt to the effects of climate change.
The minister's report must also set out, with reference to the emissions reduction targets established under section 3,
(a) the emissions reductions that have been achieved, in Manitoba and in other jurisdictions, as a result of actions taken in Manitoba;
(b) the future emissions reductions that are likely to be achieved, in Manitoba and in other jurisdictions, by 2020 and 2025, as a result of actions taken in Manitoba;
(c) the programs and measures implemented by the government to encourage and support the activities of others in reducing emissions; and
(d) the government's efforts to further interjurisdictional co-operation in reducing emissions.
In the 2010 report, the minister must state whether Manitoba's total emissions are less in 2010 than what they were in 2000.
A report under this section must include a description of the measures that have been taken to achieve emissions reductions in the agricultural and transportation sectors of the Manitoba economy.
A report under this section must be completed by December 31 of the year after the year to which the report relates.
The minister must table a copy of the report before the Legislative Assembly within 15 days after it is completed if the Assembly is sitting or, if it is not, within 15 days after the beginning of the next sitting.
The Lieutenant Governor in Council may make regulations designating a public registry for the purpose of enabling persons, businesses and other entities to voluntarily register
(a) the amount of their emissions;
(b) the amount of emissions reductions they have achieved; and
(c) emissions offsets they have obtained.
A regulation made under this section may include provisions respecting the operation and management of the public registry, and the description and nature of emissions reductions and offsets.
No later than six months after this section comes into force, the Lieutenant Governor in Council must make regulations prescribing green building requirements for energy and environmental performance in relation to
(a) construction projects for buildings owned or operated by the government or a government agency; and
(b) construction projects for which the government provides capital funding.
A regulation under subsection (1) may establish classes of buildings or construction projects according to their size, location, ownership, type or use, and may prescribe different requirements for different classes.
Every construction project for a building owned or operated by the government or a government agency must comply with the green building requirements.
Every construction project for which the government provides capital funding must comply with the green building requirements.
The minister may exempt a construction project from a green building requirement if he or she is satisfied that unique or special circumstances exist in relation to the project that make compliance with the requirement impracticable.
In this section, "construction project" means the construction of a new building or the significant renovation or enlargement of an existing building.
The Lieutenant Governor in Council may make regulations prescribing green building operating and management standards that are to be complied with by
(a) the government and a government agency; and
(b) an entity that receives government funding which is used to pay all or a significant portion of the occupancy and maintenance costs of the building or the part of the building that it occupies.
The minister responsible for The Buildings and Mobile Homes Act must make recommendations to Executive Council about establishing building construction standards respecting the energy and water efficiency of buildings, for implementation in 2010.
In developing recommendations under subsection (1), the minister must work in conjunction with The Building Standards Board and may seek the advice of other relevant experts.
The minister responsible for The Energy Act must make recommendations to Executive Council about establishing energy efficiency standards for residential furnaces and boilers, for implementation in 2009.
Vehicle Standards — Government Vehicles
No later than six months after this section comes into force, the Lieutenant Governor in Council must prescribe a fuel efficiency standard for new private vehicles acquired for use by the government.
The Lieutenant Governor in Council may prescribe fuel efficiency standards for other vehicles or classes of vehicles acquired for use by the government.
A fuel efficiency standard prescribed under this section may be established by reference to an average for vehicles within a particular class.
The Lieutenant Governor in Council may make regulations requiring
(a) that a specified portion of a particular class of vehicles acquired in a year for use by the government be capable of operating on alternative fuel;
(b) that a specified portion of the fuel used in a year to operate vehicles within a particular class of government vehicles be alternative fuel.
Vehicle Standards — New Private Vehicles
The minister must appoint a vehicle standards advisory board for new private vehicles.
By January 31, 2009, the advisory board must make recommendations to the minister for achieving
(a) the most cost-effective efficiency improvements and emissions reductions that are feasible for new private vehicles in each year from 2010 to 2016 inclusive; and
(b) further feasible and cost-effective efficiency improvements and emissions reductions for new private vehicles in 2017 and afterwards.
In carrying out its mandate, the advisory board must consider recommending targets, programs and measures to significantly increase
(a) the proportion of new private vehicles that use low-emissions technologies; and
(b) the proportion of new private vehicles that are high-efficiency private vehicles.
In formulating its recommendations, the advisory board must consider using the methodology used by the California Air Resources Board in establishing vehicle emission standards for the State of California.
In appointing the members of the advisory board, the minister must seek to include
(a) representatives of distributors and dealers;
(b) representatives of consumers;
(c) persons the minister considers to be knowledgeable about sustainable transportation policies and programs; and
(d) persons the minister considers to be knowledgeable about standards for vehicle emissions and efficiency that have been adopted in other jurisdictions.
After the minister has received the recommendations of the vehicle standards advisory board, the Lieutenant Governor in Council may make regulations
(a) governing the method of determining the efficiency of, and emissions from, new private vehicles;
(b) establishing efficiency standards, emissions standards, or both, for new private vehicles or a class of new private vehicles;
(c) prescribing a minimum proportion of new private vehicles distributed by a distributor or sold or leased by a dealer, in a year, that must
(i) meet or exceed a prescribed efficiency or emissions standard,
(ii) use low-emitting technologies, or
(iii) be high-efficiency vehicles.
A regulation under this section may establish classes of distributors, dealers and new private vehicles, and may provide differently for different classes.
Mitigating Landfill Emissions
Every owner or operator of a prescribed landfill must submit to the minister
(a) an assessment of the potential for mitigating emissions that may be generated at the landfill;
(b) a proposed plan for monitoring those emissions and for controlling, collecting or using them before they are released into the atmosphere, both during operation of the landfill and after it is closed, to be implemented by December 31, 2010; and
(c) any other information and material the minister may request about emissions that may be generated at the landfill.
The minister may
(a) approve or reject a proposed plan for mitigating landfill emissions as submitted; or
(b) refer a proposed plan back to the owner or operator with any directions the minister considers appropriate.
A proposed plan that is referred back to an owner or operator must be resubmitted as directed by the minister, and when it is resubmitted, subsection (2) applies.
By December 31, 2010, or any later date permitted by the minister, an owner or operator of a prescribed landfill must implement its proposed plan, as approved by the minister, for mitigating emissions generated at the landfill.
The government's estimates of expenditure for a fiscal year beginning after this section comes into force must include, as a sum to be voted for grants to the owners or operators of prescribed landfills, an amount that may be used to assist them with the capital funding needed to implement the plans as approved by the minister.
INITIATIVES RELATED TO MANITOBA HYDRO
Despite any provision of The Manitoba Hydro Act, after December 31, 2009, Manitoba Hydro must not use coal to generate power, except to support emergency operations.
No later than one year after this Act comes into force or any further period that the minister may permit, Manitoba Hydro must provide the minister with a report containing recommendations for reducing or eliminating the use of petroleum-based diesel fuel to supply power in the following communities by 2012:
(a) the First Nations communities of Brochet, Lac Brochet, Shamattawa and Tadoule Lake;
(b) the community of Brochet.
In preparing the report, Manitoba Hydro must
(a) consult with the band councils of the First Nations mentioned in clause (1)(a) and the council of the community of Brochet;
(b) seek input from the relevant federal authorities; and
(c) determine the costs, and the potential sources of funds, necessary to implement the recommendations.
The minister must table a copy of the report before the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the beginning of the next sitting.
In sections 16 and 17, "power" has the same meaning as in The Manitoba Hydro Act.
The minister may appoint one or more advisory committees to provide advice and recommendations to him or her about any matter relating to the purpose of this Act.
The minister may direct an advisory committee to carry out public consultation before providing advice and recommendations.
The minister may determine the terms of reference and the procedures of an advisory committee.
The Lieutenant Governor in Council may make regulations
(a) prescribing as a greenhouse gas a gas that, in the opinion of the Lieutenant Governor in Council, can reasonably be anticipated to cause or contribute to climate change;
(b) governing fuel efficiency standards for vehicles or classes of vehicles acquired for use by the government;
(c) for the purpose of section 15 (mitigating landfill emissions), prescribing landfills that, in the opinion of the Lieutenant Governor in Council, are significant sources of emissions;
(d) governing requirements for reporting and recordkeeping for any purpose related to this Act;
(e) governing methods and procedures for conducting sampling, analyses, tests, measurements, verification and monitoring for any purpose related to this Act;
(f) respecting the use of economic and financial instruments and market-based approaches directed to reduce emissions or achieve an emissions reduction target established under this Act;
(g) defining a word or expression used but not defined in this Act;
(h) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
A regulation under this Act may adopt by reference, with any changes the Lieutenant Governor in Council considers appropriate, all or part of a code, rule or standard made by a governmental authority or by any other body, and the code, rule or standard may be adopted as amended from time to time.
RELATED AND CONSEQUENTIAL AMENDMENTS
The Drivers and Vehicles Act is amended by adding the following after section 108:
IMPORTING OLDER MOTOR VEHICLES
Subject to the regulations, no person shall bring a motor vehicle into Manitoba for the purpose of resale if its model year is older than 1995, or another model year that is prescribed by regulation.
For the purpose of subsection (1), the Lieutenant Governor in Council may make regulations
(a) prescribing a model year that is more recent than 1995 but which is at least 10 years older than the current model year;
(b) defining "model year", and prescribing the date in a year on which a model year begins;
(c) establishing the following classes of motor vehicles, and authorizing vehicles within such a class to be brought into Manitoba for resale, despite the vehicle's model year being older than 1995, or the model year prescribed under clause (a):
(i) antique motor vehicles,
(ii) classic motor vehicles,
(iii) vehicles with low emissions;
(d) authorizing a person to bring a motor vehicle into Manitoba for resale to a person who holds a collector number plate, despite the vehicle's model year being older than 1995, or the model year prescribed under clause (a).
The following is added after section 319(1.1):
The Lieutenant Governor in Council may make regulations
(a) permitting zero-emission and other low-speed vehicles to be driven on highways;
(b) establishing rules of the road for low-speed vehicles;
Subsections 319(2) and (4) are amended by striking out "or (1.1)" and substituting ", (1.1) or (1.2)".
The definition "assessable property" in subsection 1(1) of The Municipal Assessment Act is amended by striking out "or" at the end of clause (g), adding "or" at the end of clause (i) and adding the following after clause (i):
(j) in respect of a geothermal heating system used to heat a building on property that is within the classes of property prescribed under clause 6(1)(b) as "Residential 1", the portion of the system that lies below the surface outside the building.
Section 9 of The Municipal Revenue (Grants and Taxation) Act is amended
(a) in subsection (1), by striking out "The manner" and substituting "Subject to subsection (1.1), the manner"; and
(b) by adding the following after subsection (1):
The grants under subsection (1) must include for each municipality that operates a regular or rapid public transit system a transit operating grant in an amount that is not less than 50% of the annual operating cost of the transit system in excess of its annual operating revenue, as determined by the Minister of Intergovernmental Affairs in consultation with the municipality.
The definition "building construction standard" in section 1 of The Buildings and Mobile Homes Act is amended by striking out "or" at the end of clause (a) and adding the following after clause (a):
(a.1) the energy and water efficiency of a building or part of a building, or
C.C.S.M. REFERENCE AND COMING INTO FORCE
This Act may be referred to as chapter C135 of the Continuing Consolidation of the Statutes of Manitoba.
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Sections 7, 8, 11, 12, 21 and 23 come into force on a day to be fixed by proclamation.