Canada's Clean Air Act Introduced in Parliament
On October 19, 2006, the federal government introduced Bill C-30, Canada's Clean Air Act, for first reading in Parliament. The proposed legislation sets the legislative framework for implementing what the government refers to as "an integrated, nationally consistent approach to reducing emissions of air pollutants and greenhouse gases."
In the Notice of Intent that accompanies Bill C-30, the federal government has stated that it will adopt fixed caps for air pollutants and is committed to achieving an absolute reduction in greenhouse gases emissions of between 45% and 65% from 2003 levels by 2050. The federal government will ask the National Round Table on the Environment and the Economy (NRTEE) for advice on the specific emission-reduction targets to be selected and scenarios for how the target could be achieved.
The Notice of Intent also outlines some of the actions the government intends to implement under the new legislation to meet its goals, including measures to:
- reduce air pollutants and greenhouse gases from key industrial sectors, including fossil fuel-fired electricity generation, upstream oil and gas and downstream petroleum;
- identify indoor air issues that are national in scope and develop measures for improving indoor air quality, including the regulation of products that could result in degradation of indoor air quality;
- strengthen energy-efficiency standards and labelling requirements for consumer and commercial products, including products that may not themselves contain pollutants but whose use or existence may cause air emissions; and
- regulate the fuel consumption of road motor vehicles starting in the 2011 model year and use the government's existing authority to regulate emissions of pollutants in the areas of shipping, railways and aviation.
In the next twelve months, the federal government intends to continue the process of harmonizing Canadian vehicle emission standards with those of the United States and to initiate discussions with the Americans on a coordinated approach to administering cleaner vehicles. Another stated goal for the next year is to align Canadian standards for volatile organic compound emissions from architectural, industrial and maintenance coatings, consumer products, and automobile refinishing coatings with the generally more stringent standards that are in place in the United States.
In addition to advice from NRTEE, the federal government will also consult with stakeholders on the development of proposed regulations to reduce air emissions in key industrial sectors using a three-phase process:
- during fall 2006 and spring 2007, the federal government will consult on the overall regulatory framework that will guide the development of industrial sector regulations, including proposed short-term targets for air pollutants and greenhouse gases, to be reflected in the proposed regulations to come into effect in the 2010-2015 period;
- beginning in summer 2007 and continuing until the end of 2008, the federal government will engage in detailed consultations on the proposed regulations that will apply to individual sectors, including defining sectoral obligations and timelines; and
- in the final phase, the proposed regulations will be approved and published with the initial provisions coming into force by the end of 2010 and the balance of the provisions to follow.
The aim of the consultation process is to set realistic targets and timelines for emission reduction, to identify cost-effective compliance options to meet those targets, and to develop a one-window regulatory tool for compliance assessment, monitoring and reporting to ensure that industry is on track to meet its regulatory obligations.
The proposed legislation promises to be controversial and it will no doubt be a hot topic of debate on Parliament hill. It is unclear at this time if the federal government will be able to muster the necessary support in Parliament to pass the proposed legislation into law in its current form. On November 1, 2006, the federal government announced that it was willing to send the Bill to a special legislative committee to be deliberated on by Members of Parliament from all federal political parties.
