Acts and Regulations

2018, c.11 - Climate Change Act

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Document at 17 August 2022
CHAPTER 2018, c.11
Climate Change Act
Assented to March 16, 2018
Preamble
The science of climate change is clear. The Intergovernmental Panel on Climate Change, the leading international body for the assessment of climate change, has projected that an increase in global temperatures of more than 2 ºC will result in irreversible and catastrophic impacts. The current level of greenhouse gas emissions is expected to raise global temperatures by 3.5 ºC before the end of this century. All regions of the planet face this threat. Temperatures in Canada are projected to increase at a rate that is two times faster than the global average. In New Brunswick, climate change is already evident in the form of increased temperatures, increased precipitation and a rising sea level. In the future, New Brunswick can expect an elevated risk of heat-related health concerns, new pests and invasive species, flood damage, coastal erosion, extreme winds and icing of trees and power lines.
The Paris Agreement was adopted on December 12, 2015, by 195 nations, including Canada, under the United Nations Framework Convention on Climate Change. This first legally binding, global climate deal includes a commitment to take necessary steps to limit this century’s global temperature rise to less than 2 ºC above pre-industrial levels and to make vigorous efforts to limit the temperature increase to 1.5 ºC. Fulfilling this commitment will require substantial changes to the global economy, most notably additional, substantial and permanent reductions to greenhouse gas emissions. In Canada, First Ministers released the Pan-Canadian Framework on Clean Growth and Climate Change, thereby demonstrating a commitment to a coordinated, national effort to reduce greenhouse gas emissions.
At its August 2015 meeting, the Conference of the New England Governors and Eastern Canadian Premiers adopted a new regional target for the reduction of greenhouse gas emissions of 35% to 45% below 1990 levels by the year 2030 and confirmed the previous regional targets.
All New Brunswickers have a role to play in addressing climate change, including understanding how New Brunswickers contribute to greenhouse gas emissions and changing their behaviour to reduce those emissions. As such, New Brunswick is committed to making its own contributions to these international, national and regional efforts. In December 2016, the Government of New Brunswick released a new Climate Change Action Plan.
The Climate Change Action Plan provides a clear path forward for reducing greenhouse gas emissions while promoting economic growth and increasing New Brunswick’s resilience to climate change through adaptation. Among other things, the action plan calls for the implementation of a carbon pricing mechanism that takes into account New Brunswick’s unique economic and social circumstances, including trade-exposed, energy-intensive industries, low-income families, consumers and businesses.
Carbon pricing is an efficient and effective way to reduce greenhouse gas emissions and will play an important role in New Brunswick’s transition toward a low-carbon economy. However, carbon pricing alone is not expected to be sufficient to meet the Government of New Brunswick’s greenhouse gas emission target levels. Additional actions will be needed. Consequently, the Government of New Brunswick will pursue complementary initiatives to support and promote the transition to a low-carbon economy.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1
DEFINITIONS AND APPLICATIONS
2020, c.3, s.1
Definitions
1The following definitions apply in this Act.
“carbon dioxide equivalent” means the mass of carbon dioxide that would produce the same global warming potential as a given mass of another greenhouse gas.(équivalent en dioxyde de carbone)
“compliance obligation” means any action that a regulated facility is required to take under this Act and the regulations if the regulated facility has failed to reduce its emissions of greenhouse gases under section 7.12.(obligation en matière de conformité)
“compliance option” means(option de conformité)
(a) a fund credit,
(b) a performance credit,
(c) an offset credit, and
(d) any other type of credit prescribed by regulation.
“compliance period” means a period prescribed as a compliance period by regulation.(période de conformité)
“Court of Queen’s Bench” means The Court of Queen’s Bench of New Brunswick.(Cour du Banc de la Reine)
“diesel fuel” Repealed: 2019, c.1, s.1
“diesel fuel tax” Repealed: 2019, c.1, s.1
“diesel fuel tax refund” Repealed: 2019, c.1, s.1
“electricity generation” means the operation of electric utilities that generate, transmit, control and distribute electric power.(production d’électricité)
“facility” means an integrated facility or a pipeline transportation system.(installation)
“Fund” means the Climate Change Fund established under section 4. (Fonds)
“fund credit” means a credit obtained by a regulated facility by paying money into the Fund.(crédit du Fonds)
“gasoline” Repealed: 2019, c.1, s.1
“gasoline tax” Repealed: 2019, c.1, s.1
“gasoline tax refund” Repealed: 2019, c.1, s.1
“greenhouse gas” means(gaz à effet de serre)
(a) carbon dioxide (CO2),
(b) methane (CH4),
(c) nitrous oxide (N2O),
(d) hydrofluorocarbons (HFCs),
(e) perfluorocarbons (PFCs),
(f) sulphur hexafluoride (SF6),
(g) nitrogen trifluoride (NF3), or
(h) any other gas prescribed by regulation or of a category prescribed by regulation.
“highway” means a highway as defined in the Highway Act.(route)
“industrial facility” means a facility in the Province engaged in(installation industrielle)
(a) manufacturing and processing,
(b) mining, quarrying and oil and gas extraction,
(c) electricity generation, or
(d) any other activity prescribed by regulation.
“inspector” means a person designated as an inspector under section 7.4.(inspecteur)
“integrated facility” means all buildings, equipment, structures, on-site transportation machinery and stationary items that are located on a single site, on multiple sites or between multiple sites that are owned or operated by the same person or persons and that function as a single integrated site but does not include highways.(installation intégrée)
“manufacturing and processing” means the chemical, mechanical or physical transformation of materials or substances into finished or semi-finished products.(fabrication et transformation)
“mining, quarrying and oil and gas extraction” means the extraction of minerals, solid materials, liquids and gases.(exploitation minière, exploitation de carrières et extraction de pétrole et de gaz)
“Minister” means the Minister of Environment and Climate Change and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“Minister of Finance” Repealed: 2019, c.29, s.26
“Minister of Finance and Treasury Board” means Minister as defined in the Gasoline and Motive Fuel Tax Act.(ministre des Finances et du Conseil du Trésor)
“offset credit” means a credit earned by a person for any activity prescribed by regulation that(crédit compensatoire)
(a) reduces greenhouse gas emissions,
(b) sequesters greenhouse gases, or
(c) captures greenhouse gases and prevents their release into the atmosphere.
“operator” means (exploitant)
(a) the person who is responsible for an industrial facility’s operations as of December 31 of a year, or
(b) if an industrial facility closed during a year, the person who last operated the industrial facility in that year.
“opted-in facility” means an industrial facility designated as an opted-in facility under section 7.1 whose designation remains in effect.(installation participante)
“performance credit” means, subject to the regulations, a credit expressed in carbon dioxide equivalent awarded by the Minister to a regulated facility for reaching or surpassing the greenhouse gas emissions reductions threshold set by or determined in accordance with the regulations for a given compliance period.(crédit de performance)
“pipeline transportation system” means all pipelines that are owned or operated by the same person or persons within the Province that transport or distribute carbon dioxide or processed natural gas and their associated installations, including meter sets and storage installations but excluding straddle plants or other processing installations.(réseau de transport par pipeline)
“regulated facility” means(installation assujettie)
(a) an industrial facility that emits 50,000 tonnes or more of carbon dioxide equivalent of greenhouse gases in any of the three years immediately preceding the commencement of this definition,
(b) an industrial facility that emits 50,000 tonnes or more of carbon dioxide equivalent of greenhouse gases in any year after the commencement of this definition, or
(c) an opted-in facility.
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a standard.(règlement)
“standard” means a standard made by the Minister under subsection 10(2).(norme)
2019, c.1, s.1; 2019, c.29, s.26; 2020, c.3, s.2; 2020, c.25, s.26
Interpretation
2020, c.3, s.3
1.1For the purposes of the definition “carbon dioxide equivalent” in section 1,
(a) the carbon dioxide equivalent of a greenhouse gas shall be determined in accordance with the regulations, and
(b) the value of the global warming potential of a greenhouse gas shall be prescribed by regulation.
2020, c.3, s.3
This Act binds the Crown.
2020, c.3, s.3
1.2This Act binds the Crown.
2020, c.3, s.3
2
GREENHOUSE GAS EMISSION
TARGET LEVELS AND
CLIMATE CHANGE ACTION PLAN
2020, c.3, s.3
Greenhouse gas emission target levels
2 It is the objective of the Government of New Brunswick that greenhouse gas emissions in the Province be reduced so that they do not exceed
(a) 14.8 megatonnes in 2020,
(b) 10.7 megatonnes in 2030, and
(c) 5 megatonnes in 2050.
Climate Change Action Plan
3(1) Before January 1, 2017, the Minister shall prepare a Climate Change Action Plan that sets out actions that will enable the Government of New Brunswick to achieve its greenhouse gas emissions target levels and to increase resiliency to the impacts of climate change.
3(2)The Minister shall cause the action plan to be made available to the public in the form and the manner that he or she considers appropriate.
3(3)The action plan may be revised at any time and shall be reviewed at least every five years.
3(4)If the action plan is revised, the Minister shall cause the revised action plan to be made available to the public in the form and the manner that he or she considers appropriate.
3(5)The Minister shall prepare a progress report at least once every year outlining the status of the actions set out in the action plan and the outcomes and impacts of carbon pricing policies.
3(6)The Minister shall cause the progress report to be made available to the public in the form and the manner that he or she considers appropriate.
3
CLIMATE CHANGE FUND
2020, c.3, s.4
Climate Change Fund
4(1)There is established a fund called the Climate Change Fund.
4(2)The Minister of Finance and Treasury Board shall be the custodian of the Fund and the Fund shall be held in trust by the Minister of Finance and Treasury Board.
4(3)All interest arising from the Fund shall be paid into and form part of the Fund.
4(4)The Minister of Finance and Treasury Board may invest the money in the Fund in the manner authorized by the Trustees Act and may invest in securities issued under the Provincial Loans Act.
4(5)The Fund may receive direct contributions.
4(6)When the contributions are made by individuals, partnerships or corporations under subsection (5), the contributions shall be deemed to be gifts to the Crown in right of New Brunswick.
4(7)Subsection (6) does not apply to contributions made by a department or agency of the Government of New Brunswick or of Canada or a provincial or federal Crown corporation.
4(8)The Fund shall be credited with the following amounts:
(a) Repealed: 2019, c.1, s.2
(b) gifts and legacies paid into the Fund;
(c) the income generated by the investment of the sums credited to the Fund;
(c.1) any amount paid into the Fund by a regulated facility for the purchase of a fund credit;
(d) amounts paid into the Fund in accordance with the regulations;
(d.1) amounts paid as administrative penalties under this Act and the regulations;
(d.2) amounts paid in accordance with paragraph 8.4(2)(c) to fulfil a compliance obligation;
(d.3) amounts paid as interest under this Act and the regulations; and
(e) any other money received by the Fund.
4(9)The assets of the Fund may be used
(a) to pay the costs of measures for
(i) greenhouse gas reduction, limitation, avoidance or capturing;
(ii) the mitigation of the economic and social impact of greenhouse gas emission reduction efforts;
(iii) public education, outreach and engagement related to climate change;
(iv) adaptation to current and future climate conditions;
(v) the development of regional and international partnerships related to climate change and New Brunswick’s participation in such regional and international partnerships;
(vi) research into and the development and demonstration of measures that may lead to greenhouse gas emission reductions or adaptation to current and future climate conditions;
(vii) the development of climate change policy and the measurement, tracking and reporting of climate change initiatives; and
(viii) the attainment of any other purpose related to climate change that is prescribed by regulation;
(b) to reimburse any department or agency of the Government of New Brunswick or any provincial Crown corporation that makes an advance to cover the costs of measures referred to in paragraph (a); and
(c) to pay the fees and expenses of an expert engaged under subsection (13).
4(10)For greater certainty, the assets of the Fund may be used to pay any operating or capital expenditure related to any measure referred to in subsection (9).
4(11)Payments for the purposes of subsection (9) shall be a charge on and payable out of the Fund.
4(11.1)Any amount that is required to be paid into the Fund under this Act and the regulations that remains unpaid is a debt due to the Crown in right of the Province, bears interest at the rate prescribed by regulation from the date it becomes due and may be recovered by action in the name of the Crown in right of the Province in a court of competent jurisdiction.
4(12)The Minister shall appoint a Climate Change Fund Advisory Board consisting of a chair and not fewer than four members to advise the Minister on matters relating to subsections (8) and (9).
4(13)The Minister may engage the services of an expert to advise the Minister on matters relating to subsection (9).
2019, c.1, s.2; 2019, c.29, s.26; 2020, c.3, s.5
Certification of costs
5(1)Subject to subsection (2), the Minister shall certify the costs incurred under subsection 4(9) to the Minister of Finance and Treasury Board.
5(2)If the taking of any measure provided for in subsection 4(9) falls under the authority of a minister of the Crown in right of New Brunswick other than the Minister, that other minister shall certify the costs incurred.
5(3)The Minister of Finance and Treasury Board may rely on the costs certified under this section.
2019, c.29, s.26
Certification of expert’s fees and expenses
2020, c.3, s.6
5.1(1)The Minister shall certify the amount of the fees and expenses of an expert engaged under subsection 4(13) to the Minister of Finance.
5.1(2)The Minister of Finance may rely on the amount certified under this section.
2020, c.3, s.6
Transfer to the Fund of part of the net revenue from the gasoline tax and the diesel fuel tax
Repealed: 2019, c.1, s.3
2019, c.1, s.3
6Repealed: 2019, c.1, s.4
2019, c.1, s.4
Annual report on Fund
7(1)In 2019 and every year thereafter, the Minister shall prepare a report on the Fund and provide the report to the appropriate committee of the Legislative Assembly.
7(2)The report shall set out the following:
(a) a description of each of the amounts credited and charged to the Fund for the year in question;
(b) a description of each of the initiatives with respect to which amounts were charged to the Fund for the year in question;
(c) a description of amounts charged to the Fund to reimburse the Crown in right of New Brunswick for expenditures made by the Crown in right of New Brunswick, directly or indirectly, in connection with the administration and enforcement of this Act and the regulations; and
(d) any other information prescribed by regulation.
4
REDUCTION OF GREENHOUSE GAS EMISSIONS
2020, c.3, s.7
Purpose of this Part
2020, c.3, s.7
7.01The purpose of this Part is to regulate the reduction of greenhouse gas emissions in order to facilitate the achievement of the Government of New Brunswick’s target levels set out in section 2.
2020, c.3, s.7
Opted-in facilities
2020, c.3, s.7
7.1(1)Any industrial facility that emits 10,000 tonnes or more but less than 50,000 tonnes of carbon dioxide equivalent of greenhouse gases in any year after the commencement of this section may apply to the Minister to be designated as an opted-in facility.
7.1(2)The Minister may designate an industrial facility as an opted-in facility if the industrial facility files with the Minister, on or before December 1 of the year preceding the year in which the designation is intended to be effective,
(a) an application in the form established by the Minister, and
(b) any other document prescribed by regulation.
7.1(3)Despite subsections (1) and (2), an industrial facility that has been designated as a covered facility under subsection 172(1) of the Greenhouse Gas Pollution Pricing Act (Canada) and whose designation is in effect on the commencement of this subsection shall be deemed to have been designated as an opted-in facility under this section on January 1, 2019.
2020, c.3, s.7; 2020, c.20, s.1
Mandatory registration
2020, c.3, s.7
7.11An owner or operator of a regulated facility shall register the regulated facility in accordance with the regulations.
2020, c.3, s.7
Mandatory reduction of greenhouse gas emissions
2020, c.3, s.7
7.12(1)A regulated facility shall reduce its greenhouse gas emissions in accordance with the regulations.
7.12(2)Subject to the regulations, a compliance obligation shall be imposed on a regulated facility that does not reduce its greenhouse gas emissions as required by subsection (1).
7.12(3)A regulated facility on which a compliance obligation is imposed shall, within the time prescribed by regulation, fulfil that obligation in accordance with the regulations.
2020, c.3, s.7
Mandatory emissions reports – regulated facilities
2020, c.3, s.7
7.2(1)An owner or operator of a regulated facility shall submit to the Minister a greenhouse gas emissions report containing the information prescribed by regulation.
7.2(2)The report shall be submitted in the manner and within the time prescribed by regulation.
7.2(3)The report shall be verified in accordance with the regulations.
2020, c.3, s.7
Mandatory emissions reports – other facilities
2020, c.3, s.7
7.21(1)This section applies to an industrial facility that is not a regulated facility but that emits 10,000 tonnes or more but less than 50,000 tonnes of carbon dioxide equivalent of greenhouse gases
(a) in any of the three years immediately preceding the commencement of this section, or
(b) in any year after the commencement of this section.
7.21(2)An owner or operator of an industrial facility referred to in subsection (1) shall submit to the Minister a greenhouse gas emissions report containing the information prescribed by regulation.
7.21(3)The report shall be submitted in the manner and within the time prescribed by regulation.
2020, c.3, s.7
Calculation of greenhouse gas emissions
2020, c.3, s.7
7.3(1)This section applies to an industrial facility that is a regulated facility and to an industrial facility to which section 7.21 applies.
7.3(2)An owner or operator of an industrial facility referred to in subsection (1) shall calculate the industrial facility’s greenhouse gas emissions using the method prescribed by regulation.
2020, c.3, s.7
Inspectors
2020, c.3, s.7
7.4(1)The Minister may designate persons as inspectors for the purpose of this Act and the regulations.
7.4(2)The Minister shall issue to every inspector a certificate of designation.
7.4(3)An inspector, in the execution of the inspector’s duties under this Act and the regulations, shall produce his or her certificate on request.
7.4(4)For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,
(a) enter and inspect any area, place or premises if the inspector reasonably believes
(i) a greenhouse gas is being, has been or may be released into the atmosphere,
(ii) an activity relating to a person’s compliance with the requirements of this Act or the regulations is occurring or has occurred at the area, place or premises, or
(iii) the area, place or premises contains records or other documents relating to a person’s compliance with the requirements of this Act and the regulations,
(b) remove records or other documents from the area, place or premises and make a copy of them or any part of them or make extracts of them, and
(c) take samples of a substance or material.
7.4(5)Despite subsection (4), an inspector shall not enter a private dwelling unless the inspector
(a) has the consent of a person who appears to be an adult and an occupant of the dwelling, or
(b) has obtained a warrant under the Entry Warrants Act.
7.4(6) Before or after attempting to enter an area, place or premises under subsection (4), an inspector may apply for an entry warrant under the Entry Warrants Act.
7.4(7)Subject to subsection (8), an inspector who removes records or other documents shall give a receipt for them and return them as soon as the circumstances permit after the making of copies or extracts.
7.4(8)An inspector may detain for the purposes of evidence any document or other thing that the inspector discovers while acting under this section and believes, on reasonable and probable grounds, may afford evidence of a violation of or a failure to comply with a provision of this Act or the regulations.
7.4(9)If copies of or extracts from records or documents referred to in this section are certified as being true copies of or extracts from the originals by the person who made them, the copies or extracts are admissible in evidence to the same extent and have the same evidentiary value as the originals.
2020, c.3, s.7
Assistance of inspectors
2020, c.3, s.7
7.41The owner or person in charge of any area, place or premises and any employees or agents of the owner or person in charge shall give all reasonable assistance to an inspector to enable the inspector to carry out the inspector’s duties under this Act and the regulations, and shall provide the inspector with any document and other information and any software, hardware or other equipment necessary to access them as the inspector may reasonably require.
2020, c.3, s.7
Obstruction of inspector
2020, c.3, s.7
7.5(1)No person shall obstruct or hinder an inspector in the carrying out of the inspector’s duties under this Act and the regulations.
7.5(2)A refusal of consent to enter a private dwelling is not and shall not be considered to be obstructing or hindering within the meaning of subsection (1), except if an entry warrant has been obtained by the inspector.
2020, c.3, s.7
False or misleading statement
2020, c.3, s.7
7.51No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is engaged in carrying out his or her duties under this Act and the regulations.
2020, c.3, s.7
Application for investigation of offence
2020, c.3, s.7
7.6(1) An individual who is resident in Canada and at least 18 years of age may apply to the Minister for an investigation of any offence under this Act or the regulations that the individual alleges has occurred.
7.6(2) The application shall include a solemn affirmation or declaration
(a) stating the name and address of the applicant,
(b) stating that the applicant is at least 18 years old and a resident of Canada,
(c) stating the nature of the alleged offence and the name of each person alleged to be involved, and
(d) containing a brief statement of the evidence supporting the allegations of the applicant.
2020, c.3, s.7
Investigation by the Minister
2020, c.3, s.7
7.61The Minister shall acknowledge receipt of the application within 20 days after its receipt and shall investigate all matters that the Minister considers necessary to determine the facts relating to the alleged offence.
2020, c.3, s.7
Conduct of investigation
2020, c.3, s.7
7.7(1)Starting on the date on which the Minister acknowledges receipt of the application, the Minister shall report to the applicant every 90 days until the end of the investigation on the progress of the investigation and any action that the Minister has taken or proposes to take, and the report must include an estimate of the time required, in the Minister’s opinion, to complete the investigation or to implement the action, as the case may be.
7.7(2)The Minister may discontinue an investigation if the Minister is of the opinion that further investigation is not warranted.
7.7(3) If an investigation is discontinued, the Minister shall
(a) prepare a report in writing that describes the information obtained during the investigation and states the reasons for its discontinuation, and
(b) serve a copy of the report on the applicant and on any person whose conduct was investigated.
7.7(4)A copy of the report referred to in subsection (3) shall not disclose the name or address of the applicant or any other personal information about the applicant.
2020, c.3, s.7
Administrative penalty
2020, c.3, s.7
7.71(1)Subject to the regulations and in accordance with the regulations, if the Minister is satisfied that a person has violated or failed to comply with this Act or the regulations, the Minister may impose an administrative penalty on the person by issuing a notice of administrative penalty.
7.71(2)A person subject to an administrative penalty shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.
2020, c.3, s.7
Ministerial orders
2020, c.3, s.7
7.8(1)If the Minister believes on reasonable grounds that an owner or operator of an industrial facility has violated or failed to comply with this Act or the regulations, the Minister may, whether or not the owner or operator has been charged or convicted in respect of the violation or failure to comply, issue an order requiring the owner or operator, at that owner or operator’s own expense, to do one or more of the following:
(a) stop or shut down an activity or an undertaking involved in the alleged violation or failure to comply;
(b) take any measures that the Minister considers necessary to prevent further violations or failures to comply;
(c) install, remove, replace or alter equipment, a tank or a container used to control, contain, reduce or eliminate the release of greenhouse gas into the atmosphere;
(d) maintain records on any relevant matter and report periodically to the Minister;
(e) engage an expert to prepare a report for submission to the Minister;
(f) submit to the Minister a proposal or plan for action or other information required by the Minister;
(g) undertake tests or investigations or other similar action and report the results of these to the Minister;
(h) take any other measure that the Minister considers necessary to facilitate compliance with the order.
7.8(2)In a Ministerial order, the Minister may also establish the time within which and the manner in which any measure required by the order is to be taken.
7.8(3)A Ministerial order shall be in writing and shall be accompanied by written reasons for the order, and the order and reasons shall be served on the owner or operator of the industrial facility to which the order applies.
7.8(4)An owner or operator to whom an order is directed shall comply with the order in accordance with its terms.
7.8(5)No owner or operator of an industrial facility is entitled to financial compensation from the Crown in right of the Province for any financial losses resulting from the making of an order under this section.
2020, c.3, s.7
Amendment or revocation of Ministerial order
2020, c.3, s.7
7.81(1)The Minister may amend or revoke an order made under section 7.8.
7.81(2)An amendment or revocation shall be in writing and served on the same persons on whom the order was served under section 7.8.
2020, c.3, s.7
Effect of Ministerial order
2020, c.3, s.7
7.9(1)An order made by the Minister under section 7.8 remains in effect until
(a) the Minister has provided a written notice to the owner or operator to whom the order is directed, and to all other persons the Minister considers appropriate, to the effect that the order has been fully complied with, or
(b) the order is revoked.
7.9(2)An order is binding on the heirs, successors, executors, administrators and assigns of the persons to whom it is directed.
2020, c.3, s.7
Appeals
2020, c.3, s.7
7.91An owner or operator to whom an order is directed may appeal in the manner provided by regulation, but the appeal does not stay the operation of the order being appealed.
2020, c.3, s.7
5
GENERAL AND MISCELLANEOUS
2020, c.3, s.7
Agreements
8(1)The Minister may enter into an agreement with the government of another province, of a territory, of Canada or of a foreign country or state for a purpose related to this Act.
8(2)Without limiting the generality of subsection (1), an agreement may provide for
(a) the collection, use and disclosure of information, including personal information, or
(b) the recognition of offset credits granted under similar regulatory schemes for offset credits in other jurisdictions.
8(3)Without limiting the generality of subsection (1), the Minister may enter into agreements with the Government of Canada with respect to carbon pricing and funds generated from carbon pricing.
Forms
2020, c.3, s.8
8.1(1)The Minister may establish forms for the purposes of any provision of this Act or the regulations.
8.1(2)The Minister may establish the form and content of a form.
8.1(3)The Minister may determine whether a form established by the Minister is required to be signed, certified or made under oath or solemn declaration and any additional requirements respecting signatures.
8.1(4) The Minister may, in forms, collect personal information either directly from the individual concerned, or indirectly, from any other person authorized to complete the form.
8.1(5)The Regulations Act does not apply to the forms established by the Minister or to the requirements referred to in subsection (3).
8.1(6)If there is a conflict or an inconsistency between a form established by the Minister and any provision of this Act or the regulations, the provision of the Act or regulation prevails.
2020, c.3, s.8
Service of documents
2020, c.3, s.8
8.2(1)A Ministerial order, a notice or other document to be served on a person under this Act or the regulations is sufficiently served
(a) if it is served in the manner in which personal service may be made under the Rules of Court,
(b) if it is mailed prepaid registered mail to the last address of that person reported to the Minister under this Act or the regulations, or
(c) if it is served by any other means prescribed by the regulations.
8.2(2)Service by prepaid registered mail under paragraph (1)(b) shall be deemed to be effected five days after the date of mailing.
2020, c.3, s.8
Recovery of amount
2020, c.3, s.8
8.3(1)The Minister may issue a certificate stating an amount that is due and payable under this Act or the regulations, including interest, if any, and the name of the person by whom the same is due and payable.
8.3(2)The certificate may be filed in the Court of Queen’s Bench and shall be entered and recorded in the Court of Queen’s Bench, and when so entered and recorded becomes a judgment of that Court and may be enforced as a judgment obtained in that Court by the Crown in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.
8.3(3)All reasonable costs and charges attendant on the filing, entering and recording of the certificate shall be recovered in like manner as if the amount of the costs and charges had been included in the certificate.
2020, c.3, s.8
Offences and penalties
2020, c.3, s.8
8.4(1)A person who does any of the following commits an offence, and is liable on conviction, for each offence, if an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and if a person other than an individual, to a fine of not more than $1,000,000:
(a) makes a statement in any information or material submitted, provided, produced, delivered or given to or filed with the Minister or any person acting under the authority of the Minister that is misleading or untrue or does not state a fact that is required to be stated or that is necessary to make the statement not misleading;
(b) violates or fails to comply with a Ministerial order made under this Act;
(c) violates or fails to comply with a provision of this Act that is listed in Schedule A; and
(d) violates or fails to comply with any provision of the regulations.
8.4(2)When a person is convicted of an offence under this Act or the regulations, the convicting judge may, in addition to any other penalty imposed under this Act or the regulations, make an order 
(a) prohibiting the offender from doing anything that may result in the continuation or repetition of the offence,
(b) requiring the offender to take within the time or in the manner set out in the order any action that could reduce or limit greenhouse gas emissions,
(c) directing an offender who has an unfulfilled compliance obligation to fulfil the compliance obligation by paying into the Fund the amount of the compliance obligation and any interest on that amount, or
(d) requiring the offender to comply with any other conditions that the judge considers necessary.
8.4(3)If an offence referred to in subsection (1) continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine provided for under subsection (1) multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine provided for under subsection (1) multiplied by the number of days during which the offence continues.
2020, c.3, s.8
Limitation period
2020, c.3, s.8
8.5A proceeding with respect to an offence under this Act or the regulations may be instituted at any time within two years after the time when the subject matter of the proceeding arose.
2020, c.3, s.8
Compliance with obligations
2020, c.3, s.8
8.6The owner or operator of an industrial facility is responsible for ensuring compliance with the obligations imposed on the industrial facility under this Act and the regulations.
2020, c.3, s.8
Administration
9The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
Regulations
10(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing any other gas or any category of gas for the purposes of the definition “greenhouse gas” in section 1;
(a.1) for the purposes of the definition “compliance option” in section 1, prescribing other types of credits;
(a.2) for the purposes of the definition “compliance period” in section 1, prescribing compliance periods;
(a.3) for the purposes of the definition “industrial facility” in section 1, prescribing other activities;
(a.4) for the purposes of the definition “offset credit” in section 1, prescribing activities;
(a.5) for the purposes of the definition “performance credit” in section 1, respecting performance credits, including setting the greenhouse gas emissions reductions threshold that must be reached by a regulated facility in order to be awarded a performance credit or prescribing the manner of determining the threshold;
(a.6) for the purposes of section 1.1, prescribing the manner of determining the carbon dioxide equivalent and prescribing the value of the global warming potential;
(b) prescribing any other purpose related to climate change for the purposes of subparagraph 4(9)(a)(viii);
(b.1) respecting the payment into the Fund of any or all amounts payable to the Crown in right of the Province through the operation of the regulations or standards made under this section;
(b.2) prescribing a rate of interest for the purposes of subsection 4(11.1);
(c) prescribing any information for the purposes of 7(2)(d);
(c.1) for the purposes of paragraph 7.1(2)(b), prescribing other documents;
(c.11) respecting the designation of an industrial facility as an opted-in facility, including the term and revocation of that designation;
(c.2) for the purposes of section 7.11, respecting the registration of regulated facilities, including
(i) prescribing the manner and procedures to be followed for registration,
(ii) prescribing registration fees,
(iii) prescribing information to be provided for the purposes of registration, and
(iv) prescribing terms and conditions to which registrations may be subject;
(c.21) respecting the creation, operation and management of one or more public registries;
(c.3) for the purposes of section 7.12, respecting the reduction of greenhouse gas emissions by regulated facilities, including
(i) establishing the bases on which regulated facilities are required to reduce their greenhouse gas emissions, including on an absolute basis or an emissions intensity basis,
(ii) prescribing the manner in which and the means by which regulated facilities are required to reduce greenhouse gas emissions,
(iii) prescribing the date by which greenhouse gas emissions are to be reduced by regulated facilities,
(iv) establishing compliance obligations for regulated facilities that do not reduce their greenhouse gas emissions under section 7.12,
(v) prescribing the manner in which and the date by which compliance obligations must be fulfilled, and
(vi) prescribing penalties for the non-fulfilment of a compliance obligation;
(c.31) for the purposes of section 7.2 or 7.21, respecting the monitoring of greenhouse gas emissions, the submission of greenhouse gas emissions reports and the verification of these reports, including
(i) prescribing the time for submission of the reports,
(ii) prescribing the content of the reports, and
(iii) prescribing the means by which the reports must be submitted;
(c.4) for the purposes of section 7.3, prescribing the method of calculating greenhouse gas emissions;
(c.41) respecting compliance obligations, including the registration of compliance obligations and the provision of compliance reports;
(c.5) respecting compliance options, including
(i) respecting the creation, the registration, the obtention, the distribution, the exchange, the trading, the sale, the use, the variation and the cancellation of compliance options,
(ii) respecting the imposition of requirements, terms, conditions, limits or prohibitions in respect of the creation, the registration, the obtention, the distribution, the exchange, the trading, the sale, the use, the variation and the cancellation of compliance options, and
(iii) respecting the recognition of offset credits granted under similar regulatory schemes for offset credits in other jurisdictions;
(c.6) prescribing information and documents that must be retained by regulated facilities and the period for which the information must be retained;
(c.61) for the purposes of section 7.71, respecting the imposition, payment and enforcement of administrative penalties, including
(i) prescribing the amounts that may be imposed as administrative penalties, including minimum and maximum amounts,
(ii) prescribing provisions of this Act, the regulations or the standards for which a notice of administrative penalty may be issued,
(iii) prescribing the form of the notice of administrative penalty,
(iv) determining the amounts of administrative penalties, which may vary according to the nature or frequency of the violation or failure to comply, and whether the person in violation or in non-compliance is an individual or person other than an individual, and
(v) governing appeals, including establishing an appeal mechanism for persons on whom an administrative penalty has been imposed and conferring authority on a specified person or body to whom an appeal may be made, which may include a court;
(c.7) governing appeals for the purposes of section 7.91, including establishing an appeal mechanism and conferring authority on a specified person or body to whom an appeal may be made, which may include a court;
(c.71) for the purposes of paragraph 8.2(1)(c), prescribing other means of service;
(c.8) respecting exemptions from any requirement of this Act, the regulations or the standards or from any provision of this Act, the regulations or the standards;
(c.9) respecting the circumstances under which and the conditions on which exemptions referred to in paragraph (c.8) apply;
(d) Repealed: 2020, c.3, s.9
(e) respecting fees for the purposes of this Act, the regulations and the standards;
(f) defining any word or expression used in this Act but not defined in this Act, for the purposes of this Act, the regulations or the standards;
(f.1) prescribing anything required or authorized by this Act to be prescribed;
(g) respecting any other matter that may be necessary for the proper administration of this Act.
10(2)The Minister may make a standard in respect of all matters in respect of which the Lieutenant-Governor in Council has authority to make a regulation, excluding those matters in paragraphs (1)(a), (b), (c), (c.61) and (c.7).
10(3)A regulation or standard made under this section may be retroactive to any date, including a date before the commencement of this subsection.
10(4)A regulation authorized by this section may incorporate by reference, in whole or in part, any regulatory instrument, any code, any standard established by the Minister or other standard, any procedure or any guideline as it is amended from time to time before or after the making of the regulation or as it read at a fixed time and may require compliance with the regulatory instrument, code, standard, procedure or guideline so incorporated.
10(5)A standard authorized by this section may incorporate by reference, in whole or in part, any regulatory instrument, any code, any other standard, any procedure or any guideline as it is amended from time to time before or after the making of the standard or as it read at a fixed time and may require compliance with the regulatory instrument, code, standard, procedure or guideline so incorporated.
10(6)Regulations or standards made under this section may vary in respect of different processes used, greenhouse gases, facilities, businesses, sectors or products or in respect of different categories of processes used, greenhouse gases, facilities, businesses, sectors or products.
10(7)A regulation or a standard made under this section may be general or particular in its application.
10(8)The Regulations Act does not apply to the standards made under this section.
10(9)If there is a conflict or an inconsistency between a regulation made by the Lieutenant-Governor in Council under this Act and a standard made by the Minister under this Act, the regulation prevails but in all other respects a standard has the same force and effect as a regulation.
10(10)In a regulation made under this section, the Lieutenant-Governor in Council may delegate a matter to the Minister or confer a discretion on the Minister.
2020, c.3, s.9; 2020, c.20, s.2
Notice and publication of standards
2020, c.3, s.10
10.1(1)If a standard is made under section 10, the Minister shall as soon as the circumstances permit after the standard is made
(a) publish the standard on the website of the Department of Environment and Local Government, and
(b) publish in The Royal Gazette notice of the standard.
10.1(2)The Minister shall without delay after a standard is made make a copy of the standard available for public inspection at the head office and each regional office of the Department of Environment and Local Government during the normal business hours of the Department.
10.1(3)If notice of a standard has been published in The Royal Gazette as required under paragraph (1)(b), any person affected by the standard shall be deemed to have notice of it when it is published in accordance with paragraph (1)(a).
2020, c.3, s.10
Proof of the making of a standard
2020, c.3, s.10
10.2(1)Proof of the making of a standard on a specified day may be made by a certificate purporting to be signed by the Minister.
10.2(2)A document that purports to be a certificate of the Minister under subsection (1) may be adduced in evidence in any court and when so adduced is proof, in the absence of evidence to the contrary, of the statements contained in the certificate without proof of the appointment, authority or signature of the Minister.
10.2(3)A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.
2020, c.3, s.10
Review of Act
2020, c.3, s.10
10.3The Minister shall undertake a revision of this Act every five years or at any shorter interval the Minister considers appropriate.
2020, c.3, s.10
Commencement
11(1)Subject to subsection (2), this Act or any provision of it comes into force on a day or days to be fixed by proclamation.
11(2)Subsections 3(1), (2), (3) and (4) of this Act shall be deemed to have come into force on January 1, 2016.
SCHEDULE A
Number of provision
7.11
7.12(1)
7.12(3)
7.2(1)
7.21(2)
7.3(2)
7.41
7.5(1)
7.51
7.8(4)
2020, c.3, s.11
N.B. This Act, with the exception of subsection 4(12), was proclaimed and came into force April 1, 2018.
N.B. Subsection 4(12) was proclaimed and came into force September 30, 2018.
N.B. This Act is consolidated to December 18, 2020.