BILL NO. 113

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022

 

Private Member's Bill

 

Environmental Goals and Climate Change Reduction Act
(amended)

 

Susan Leblanc
Dartmouth North

First Reading: March 30, 2022

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1

(a) sets the target for greenhouse gas emissions reductions by 2030 to be at least 58% below the levels that were emitted in 2005; and

(b) removes references to balancing emissions and removals in the target for net zero emissions by 2050.

Clause 2 amends the Government's goals with respect to climate change mitigation and adaptation and the reduction of greenhouse gas emissions to include additional goals respecting

(a) development of an energy-efficiency resource standard, a plan to eliminate oil heating, electricity demand-side management and a minimum budget for energy-efficiency programs for persons with low incomes;

(b) adoption of amendments to the National Building Code;

(c) a requirement for the National Energy Code for Buildings to be adopted within 12 months of being published rather than 18;

(d) requirements for new buildings to be net-zero ready and zero-carbon ready;

(e) amendments to legislation to allow municipalities to adopt more stringent building codes;

(f) requirements for home energy audits for all residential premises in Nova Scotia at point of sale by 2023;

(g) requirements for energy and greenhouse gas emissions reporting and disclosure from large buildings;

(h) accelerating the adoption of zero-emission vehicles; and

(i) increasing the target for the amount of electrical energy obtained from renewable sources.

Clause 3 requires

(a) the Government's strategic plan to include a provincial carbon budget and a provincial greenhouse gas inventory; and

(b) the Government to include updated carbon budgets in its annual progress reports.

Clause 4 amends the Government's goals with respect to the protection of land by

(a) accelerating targets for the conservation of total land and water mass;

(b) adding an immediate moratorium on clear-cutting to the goals respecting forestry;

(c) adding goals for protecting the remaining area of the Parks and Protected Areas Plan; and

(d) requiring public consultation before the removal of protections for or development of land for which protection is proposed or pending.

Clause 5 amends the Government's goals with respect to water and air to include addressing and mitigating barriers to the testing and treatment of rural wells with specific targets for certain contaminants.

Clause 6

(a) amends the Government's goals with respect to environmental assessments to include consideration of Etuaptmumk and the United Nations Declaration on the Rights of Indigenous Peoples; and

(b) adds goals for the Government with respect to environmental decision-making outside of the environmental assessment process.

Clause 7 amends the Government's goals with respect to aquaculture and food to

(a) include targets for shellfish and seaweed aquaculture production;

(b) implement a moratorium on new leases for open-net pen fish farms;

(c) implement the Doelle-Lahey Report; and

(d) develop a universal school food program that sources food from local farms.

Clause 8 amends the Government's goals to support business, training and education to

(a) include updating school curricula; and

(b) create a position of an Environmental Commissioner in the Office of the Auditor General.

Clause 9

(a) requires the Minister of Environment and Climate Change to report annually on progress made towards greenhouse gas emissions targets;

(b) emphasizes that annual reports must comply with the regulations; and

(c) requires the Minister to seek advice from the Round Table established under the Environment Act when preparing annual reports.

Clause 10 requires

(a) public reviews of the Act and the regulations every five years; and

(b) the Minister to table a report with recommendations for improving the Act and its implementation after each review.

Clause 11 allows the Governor in Council to make regulations setting additional targets for greenhouse gas emissions.

Clause 12 requires new regulations and amendments to regulations to undergo public review.

An Act to Amend Chapter 20
of the Acts of 2021,
the Environmental Goals
and Climate Change Reduction Act

Be it enacted by the Governor and Assembly as follows:

1 Section 6 of Chapter 20 of the Acts of 2021, the Environmental Goals and Climate Change Reduction Act, is amended by

(a) striking out "53%" in the first line of clause (a) and substituting "58%"; and

(b) striking out ", by balancing greenhouse gas emissions with greenhouse gas removals and other offsetting measures" in the first and second lines of clause (b).

2 Section 7 of Chapter 20 is amended by

(a) striking out clause (b) and substituting the following clause:

(b) to support, strengthen and set targets for energy-efficiency programming while prioritizing equitable access and benefits for low income and marginalized Nova Scotians, including
(i) development of an energy-efficiency resource standard in the next provincial climate plan that will be incorporated into this Act covering all energy sources,

(ii) development of a plan to eliminate oil heating in the Province by no later than 2050 with interim targets for reductions in the use of fossil fuels and the number of buildings retrofitted to no longer use oil heating,

(iii) minimum electricity demand-side management annual savings equal to one and a half per cent of annual sales in 2023, increasing to reach three per cent of annual sales by 2030, and

(iv) establishment of a minimum budget for energy-efficiency programs for persons with low incomes in all plans to meet energy-efficiency resource standard requirements;

(b) striking out "18" in the second line of clause (e) and substituting "12";

(c) adding immediately after clause (e) the following clauses:

(ea) to adopt amendments to the National Building Code respecting energy efficiency within 12 months of their publication;

(eb) to require all new buildings to be net-zero ready and zero-carbon ready by no later than 2030;

(ec) to amend legislation to allow municipalities to adopt more stringent building codes by the end of 2022;

(ed) to require mandatory home energy audits for all residential premises in the Province at point of sale by 2023;

(ee) to require mandatory energy and greenhouse gas emissions reporting and disclosure from all large buildings in the Province by 2023;

(d) striking out "30%" in the second line of clause (j) and substituting "50%";

(e) adding "and 100% of new vehicle sales of all light duty and personal vehicles in the Province will be zero-emission vehicles by 2035;" immediately after "2030" in the third line of clause (j); and

(f) striking out "80%" in the first line of clause (l) and substituting "90%".

3 (1) Subsection 8(1) of Chapter 20 is amended by adding "through the creation of a provincial carbon budget and provincial greenhouse gas inventory" immediately after "6" in the second line of clause (a).

(2) Subsection 8(2) of Chapter 20 is amended by adding "with updated carbon budgets" immediately after "(1)" in the second line.

4 Section 10 of Chapter 20 is amended by

(a) adding "to conserve at least 17% of the total land and water mass of the Province by 2025 and" at the beginning of clause (a);

(b) adding "with an immediate moratorium on clear-cutting, including all forms of even-aged harvesting, until lands have been allocated to the triad" immediately after "Province" in the last line of clause (c);

(c) striking out "and" at the end of clause (c);

(d) striking out the period at the end of clause (d) and substituting a semicolon; and

(e) adding immediately after clause (d) the following clauses:

(e) to protect the remaining areas in the 2013 Parks and Protected Areas Plan by the end of 2022; and

(f) to introduce legislation that prevents the removal of protections for or development of land for which protection is proposed or pending without public consultation by the Government.

5 Section 11 of Chapter 20 is amended by striking out clause (b) and substituting the following clause:

(b) to address and mitigate barriers Nova Scotians face to the testing and treatment of rural wells by 2026, including the immediate removal of well-water testing fees to detect the presence and level of
(i) coliform bacteria,

(ii) arsenic,

(iii) lead, and

(iv) uranium,

and to provide continued testing without charge

(v) at least every six months for coliform bacteria, and

(vi) at least every two years for arsenic, lead and uranium.

6 Section 12 of Chapter 20 is repealed and the following Section substituted:

12 (1) The Government's goal with respect to environmental assessments is to modernize the environmental assessment process by 2024 taking into consideration

(a) cumulative impacts;

(b) diversity, equity and inclusion;

(c) independent review;

(d) Netukulimk;

(e) Etuaptmumk;

(f) the United Nations Declaration on the Rights of Indigenous Peoples; and

(g) climate change.

(2) The Government's goal with respect to environmental decision-making outside the environmental assessment process is to review and update its environmental approval and notification procedures by 2024 taking into consideration

(a) diversity, equity and inclusion;

(b) Netukulimk;

(c) Etuaptmumk; and

(d) the United Nations Declaration on the Rights of Indigenous Peoples.

7 Section 14 of Chapter 20 is amended by

(a) striking out "and" at the end of clause (a);

(b) adding immediately after clause (a) the following clauses:

(aa) to increase shellfish and seaweed aquaculture production by at least five per cent by 2026;

(ab) to implement an immediate moratorium on new leases for open-net pen fish farms;

(ac) to implement the "Final Report of the Independent Aquaculture Regulatory Review for Nova Scotia" published by the Government in 2014, also known as the Doelle-Lahey Report, with an emphasis on social licence;

(c) striking out the period at the end of clause (b) and substituting "; and"; and

(d) adding immediately after clause (b) the following clause:

(c) to support consumption of local food by developing a universal school food program that sources food from local farms by the end of 2023.

8 Section 16 of Chapter 20 is amended by

(a) striking out "and" at the end of clause (d);

(b) striking out "to promote and support climate change education and sustainability" in the first and second lines of clause (e) and substituting "to immediately update school curricula to promote and support environmental education, including education on climate change and biodiversity,";

(c) striking out the period at the end of clause (e) and substituting "; and"; and

(d) adding immediately after clause (e) the following clause:

(f) to create a position of an Environmental Commissioner in the Office of the Auditor General who will create
(i) annual reports to review progress on the goals contained in this Act, and

(ii) reports respecting any other environmental matter the Auditor General considers appropriate.

9 (1) Subsection 21(1) of Chapter 20 is amended by

(a) adding "the greenhouse gas emissions reductions targets and" immediately after "of" in the fourth line; and

(b) adding "and the regulations" immediately after "Act" in the last line.

(2) Section 21 is further amended by adding immediately after subsection (1) the following subsection:

(1A) The annual report referred to in subsection (1) must comply with the regulations established under clause 23(1)(f).

(3) Subsection 21(2) of Chapter 20 is amended by striking out "may" in the second line and substituting "shall".

10 Section 22 of Chapter 20 is repealed and the following Section substituted:

22 (1) The Minister shall request the Round Table to carry out a public review of this Act and the regulations

(a) every five years after this Act comes into force; and

(b) at any other time the Minister considers appropriate.

(2) The Minister shall table a report in the House of Assembly containing recommendations for amendments to this Act and improvements to its implementation within one year following a review conducted under subsection (1).

11 Subsection 23(1) of Chapter 20 is amended by adding immediately after clause (b) the following clause:

(ba) setting additional targets for greenhouse gas emissions;

12 Chapter 20 is further amended by adding immediately after Section 23 the following Section:

23A Any new regulations or substantive amendments to regulations made under this Act are effective only after the regulations or amendments have been subject to such public review as the Minister considers appropriate.

 

---

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created March 30, 2022. Send comments to legc.office@novascotia.ca.