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The Climate and Green Plan Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of September 13, 2019.
It has been in effect since November 8, 2018, when this Act came into force.
 

C.C.S.M. c. C134

The Climate and Green Plan Act

(Assented to November 8, 2018)

WHEREAS climate change is the result of greenhouse gas emissions, and it creates a wide range of environmental risks and challenges in Manitoba and around the world;

AND WHEREAS greenhouse gas emissions are primarily caused by the use of carbon-based fuels and processes that release carbon, and a move to a low carbon economy is critical to slowing climate change and minimizing its effects;

AND WHEREAS economic development needs to occur in a sustainable manner that balances human and environmental interests;

AND WHEREAS the protection and enhancement of Manitoba's water resources and natural areas will provide lasting benefits for all Manitobans;

AND WHEREAS the government is committed to developing a made-in-Manitoba plan to address climate change, promote sustainable development, and protect and enhance water resources, natural habitat and biodiversity;

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.

"carbon savings account" means the carbon savings account established under section 4. (« compte d'épargne carbone »)

"climate and green plan" means the plan described in section 2. (« Plan vert et climatique »)

"council" means the expert advisory council established under section 7. (« conseil »)

"emissions" means the release into the atmosphere of greenhouse gases that are attributable to human activity. (« émission de gaz à effet de serre »)

"fund" means the Made-in-Manitoba Climate and Green Fund continued under section 11. (« Fonds »)

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

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

"office" means the Low Carbon Government Office established under section 9. (« Bureau »)

"sustainable development" means development that meets the needs of the present generation without compromising the ability of future generations to meet their needs. (« développement durable »)

CLIMATE AND GREEN PLAN

Climate and green plan

2(1)        The minister must develop a plan with a comprehensive framework of programs, policies and measures to

(a) reduce greenhouse gas emissions and address the effects of climate change;

(b) promote sustainable development;

(c) improve the management and protection of Manitoba's water resources; and

(d) preserve and protect Manitoba's natural habitat and biodiversity.

Input from council

2(2)        When developing and implementing the climate and green plan, the minister must take into account the advice and recommendations of the council.

Annual review of climate and green plan

2(3)        The minister must conduct an annual review of the programs, policies and measures in the climate and green plan to determine if they are achieving their intended goals.

GREENHOUSE GAS EMISSIONS REDUCTIONS

Five-year emissions reduction goals

3(1)        For the five-year period 2018 to 2022 and for each five-year period after that, the minister must establish greenhouse gas emissions reduction goals for Manitoba.

Input from council

3(2)        When establishing greenhouse gas emissions reduction goals, the minister must take into account the advice and recommendations of the council.

Timing

3(3)        The minister must

(a) establish the greenhouse gas emissions reduction goal for the 2018 to 2022 period within one year after the coming into force of this Act; and

(b) establish the greenhouse gas emissions reduction goal for subsequent five-year periods before the start of each period, subject to any adjustment under subsection 4(2) if the carbon savings account is in a deficit position.

Carbon savings account

4(1)        The minister must establish and maintain a carbon savings account that keeps a running balance of the greenhouse gas emissions reductions achieved in previous five-year periods as compared to the emissions reduction goals set for those periods.

Adjustment if emissions reduction goal not met

4(2)        If the greenhouse gas emissions reduction goal in a five-year period has not been achieved, the amount of the emissions reduction shortfall is to be added to the emissions reduction goal in the next five-year period.

REPORTING RE CLIMATE AND GREEN PLAN

Annual report on climate and green plan

5(1)        The minister must prepare an annual report on the programs, policies and measures employed in that year to implement the climate and green plan.

Reporting on greenhouse gas emissions reductions

5(2)        If a measure under the climate and green plan results in a reduction in greenhouse gas emissions, the annual report must set out the emissions reduction achieved.

Emissions reduction goal and carbon savings account

5(3)        The annual report must set out the applicable greenhouse gas emissions reduction goal established under section 3 and the current status of the carbon savings account.

Activities of council

5(4)        The annual report must contain a summary of the activities of the council in that year.

Activities of office

5(5)        The annual report must contain a summary of the activities of the office in that year and must include a report on the greenhouse gas emissions of all government departments and prescribed government agencies and entities in that year prepared by the office under subsection 10(3).

Activities of fund

5(6)        The annual report must contain a report on the activities of the fund in that year, including a list of the persons or groups that received money from the fund and the specific projects, studies and activities that were supported by the fund.

Tabling report

5(7)        The minister must table a copy of the annual report within 15 days after it has been prepared if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

Five-year greenhouse gas emissions reports

6(1)        For the five-year period 2018 to 2022 and for each five-year period after that, the minister must prepare a report on greenhouse gas emissions in Manitoba during that period.

Form of report

6(2)        The report must include the following information:

(a) the total amount of greenhouse gas emissions in Manitoba in that five-year period;

(b) the total amount of greenhouse gas emissions that would have occurred in that five-year period if no new greenhouse gas emissions reduction measures had been implemented in that period;

(c) the total greenhouse gas emissions reductions achieved in that five-year period due to the implementation of new greenhouse gas emissions reduction measures in that period;

(d) the greenhouse gas emissions reduction goal for that five-year period, and whether that goal was achieved.

Timing

6(3)        The report must be completed no later than 18 months after the five-year period to which the report relates.

Tabling report

6(4)        The minister must table a copy of the report within 15 days after it has been prepared if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

EXPERT ADVISORY COUNCIL

Expert advisory council

7(1)        The minister may appoint such persons as the minister considers appropriate to an independent expert advisory council.

Subcommittees

7(2)        The council may establish subcommittees to perform specific duties or functions.

Council to establish rules of procedure

7(3)        The council may establish its own rules of procedure, including rules of procedure for its subcommittees.

Role of council

8(1)         The council is to

(a) provide advice and recommendations to the minister on programs, policies and measures to be included in the climate and green plan;

(b) review progress on the implementation of the climate and green plan, and provide advice on any required changes to the plan; and

(c) provide advice and recommendations to the minister respecting greenhouse gas emissions reduction goals to be established under section 3.

Considerations re emissions reduction goals

8(2)        When providing advice and recommendations respecting greenhouse gas emissions reduction goals, the council must have regard to

(a) the total amount of greenhouse gas emissions projected to occur in Manitoba in that five-year period if no new greenhouse gas emissions reduction measures are implemented in that period;

(b) economic, industrial and demographic projections;

(c) the implementation of greenhouse gas emissions reduction measures;

(d) the availability and use of new and emerging technologies; and

(e) any other considerations that the council considers relevant.

LOW CARBON GOVERNMENT OFFICE

Low Carbon Government Office

9(1)        The Low Carbon Government Office is hereby established.

Staff

9(2)        The office consists of a director and such other employees appointed in accordance with The Civil Service Act.

Mandate

10(1)       The office is responsible for developing and implementing policies, strategies and initiatives to reduce greenhouse gas emissions and promote sustainable operations by government departments and government agencies and entities prescribed by regulation.

Areas of focus

10(2)       As part of its mandate, the office must focus on reducing greenhouse gas emissions and improving sustainable operations through

(a) sustainable procurement of goods and services;

(b) improved building design, construction and management;

(c) increased use of zero emission vehicles and reduced fuel consumption by the vehicle and equipment fleets operated by government departments and prescribed government agencies and entities;

(d) innovative use and management of information and communication technologies; and

(e) improved waste reduction and management operations.

Recording greenhouse gas emissions

10(3)       The office must track and record the greenhouse gas emissions of all government departments and prescribed government agencies and entities on an annual basis.

MADE-IN-MANITOBA CLIMATE AND GREEN FUND

Made-in-Manitoba Climate and Green Fund

11(1)       The Sustainable Development Innovations Fund established under The Sustainable Development Act is continued under this Act as the Made-in-Manitoba Climate and Green Fund. The fund consists of amounts appropriated for the purposes of the fund.

Purpose of fund

11(2)       The purpose of the fund is to provide financial support for projects, studies and activities that will do one or more of the following:

(a) reduce greenhouse gas emissions;

(b) address the effects of climate change, including measures to adapt to climate change;

(c) promote sustainable development;

(d) improve the management and protection of water resources;

(e) preserve and protect Manitoba's water resources, natural habitat and biodiversity.

Payments from fund

11(3)       Payments from the fund are to be made in accordance with any applicable regulations made and directives issued under The Financial Administration Act.

GENERAL PROVISIONS

Regulations

12          The Lieutenant Governor in Council may make regulations

(a) prescribing a gas or substance or any category of gases or substances to be a greenhouse gas;

(b) prescribing government agencies or entities for the purpose of section 10;

(c) defining any word or expression used but not defined in this Act;

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

Repeals

13          The following Acts are repealed:

(a) The Climate Change and Emissions Reductions Act, S.M. 2008, c. 17;

(b) The Sustainable Development Act, S.M. 1997, c. 61.

C.C.S.M. reference

14          This Act may be referred to as chapter C134 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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