Bill 18 - An Act to Amend the Climate Change Act

BILL 18

An Act to Amend the Climate Change Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Climate Change Act, chapter 11 of the Acts of New Brunswick, 2018, is amended by adding before section 1 the following:

PART 1

DEFINITIONS AND APPLICATION

2 Section 1 of the Act is amended by adding the following definitions in alphabetical order:

“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)

aa fund credit,

ba performance credit,

can offset credit, and

dany 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)

“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 credit” means a credit obtained by a regulated facility by paying money into the Fund. (crédit du Fonds)

“highway” means a highway as defined in the Highway Act. (route)

“industrial facility” means a facility in the Province engaged in (installation industrielle)

amanufacturing and processing,

bmining, quarrying and oil and gas extraction,

celectricity generation, or

dany 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)

“offset credit” means a credit earned by a person for any activity prescribed by regulation that (crédit compensatoire)

areduces greenhouse gas emissions,

bsequesters greenhouse gases, or

ccaptures 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

bif 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)

aan 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,

ban 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

can 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)

3 The Act is amended by adding after section 1 the following:

Interpretation

1.1 For the purposes of the definition “carbon dioxide equivalent” in section 1,

athe carbon dioxide equivalent of a greenhouse gas shall be determined in accordance with the regulations, and

bthe value of the global warming potential of a greenhouse gas shall be prescribed by regulation.

This Act binds the Crown.

1.2 This Act binds the Crown.

PART 2

GREENHOUSE GAS EMISSION
TARGET LEVELS AND
CLIMATE CHANGE ACTION PLAN

4 The Act is amended by adding after section 3 the following:

PART 3

CLIMATE CHANGE FUND

5 Section 4 of the Act is amended

ain subsection (8)

( i) by adding after paragraph (c) the following:

c.1any amount paid into the Fund by a regulated facility for the purchase of a fund credit;

( ii) by repealing paragraph (d) and substituting the following:

damounts paid into the Fund in accordance with the regulations;

( iii) by adding after paragraph (d) the following:

d.1amounts paid as administrative penalties under this Act and the regulations;

d.2amounts paid in accordance with paragraph 8.4(2)(c) to fulfil a compliance obligation;

d.3amounts paid as interest under this Act and the regulations; and

bin subsection (9)

( i) in subparagraph (a)(viii) of the English version by striking out “and” at the end of the subparagraph;

( ii) in paragraph (b) by striking out the period at the end of the paragraph and substituting a semicolon followed by “and”;

( iii) by adding after paragraph (b) the following:

cto pay the fees and expenses of an expert engaged under subsection (13).

cby adding after subsection (11) the following:

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.

dby adding after subsection (12) the following:

4( 13) The Minister may engage the services of an expert to advise the Minister on matters relating to subsection (9).

6 The Act is amended by adding after section 5 the following:

Certification of expert’s fees and expenses

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.

7 The Act is amended by adding after section 7 the following:

PART 4

REDUCTION OF GREENHOUSE GAS EMISSIONS

Opted-in facilities

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 September 1 of the year preceding the year in which the designation is intended to be effective,

aan application in the form established by the Minister, and

bany other document prescribed by regulation.

Mandatory registration

7.11 An owner or operator of a regulated facility shall register the regulated facility in accordance with the regulations.

Mandatory reduction of greenhouse gas emissions

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.

Mandatory emissions reports – regulated facilities

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.

Mandatory emissions reports – other facilities

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

ain any of the three years immediately preceding the commencement of this section, or

bin 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.

Calculation of greenhouse gas emissions

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.

Public information

7.31( 1) Subject to subsections (3) to (14), all information received by the Minister under this Act and the regulations is deemed to be public information.

7.31( 2) Subject to subsections (3) to (14), the Minister may disclose to the public any information that the Minister received under this Act and the regulations at any time and in any manner that the Minister considers appropriate.

7.31( 3) A person who submits information to the Minister under this Act and the regulations may request that the information be kept confidential for a period of up to five years after the information is received.

7.31( 4) A request under subsection (3) shall be made in writing and in conjunction with the information being submitted.

7.31( 5) A person whose information is being kept confidential for a period of up to five years may, in writing, before the expiry of that period, request that the information be kept confidential for a further period of up to five years, which period may be extended for further periods, each not exceeding five years, on requests made in accordance with this section.

7.31( 6) A request made under this section is to be dealt with by the Minister in accordance with the regulations.

7.31( 7) The Minister may approve a request made under this section if the Minister is satisfied that the information

awould reveal a trade secret of the person making the request,

bis commercial, financial, labour relations, scientific or technical information, the disclosure of which could reasonably be expected to

( i) harm the competitive position of the person making the request,

( ii) interfere with contractual or other negotiations of the person making the request, or

( iii) result in significant financial loss to the person making the request, or

cmeets the criteria prescribed by regulation.

7.31( 8) If the Minister refuses a request made under this section, the Minister shall serve the person who made the request with the copy of the decision along with the reasons for the decision and, subject to paragraph 11(b) and subsection (12), wait for a period of 30 days after service of the decision and reasons before disclosing to the public the information with respect to which the request was made.

7.31( 9) A person whose request was refused under subsection (8) may appeal to a judge of the Court of Queen’s Bench on a question of law within 30 days after receipt of the copy of the decision.

7.31( 10) The record of appeal shall consist of

athe information with respect to which the request was made,

bthe written representations, if any, that accompanied the request,

cthe decision being appealed and the reasons for that decision, and

dany other document required by the judge hearing the appeal.

7.31( 11) The judge hearing the appeal may

aconfirm the decision, or

bdirect that all or part of the information with respect to which the request was made be kept confidential for a period of up to five years.

7.31( 12) Unless otherwise ordered by the judge, an appeal under this section stays the operation of the decision being appealed.

7.31( 13) To the extent they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.

7.31( 14) If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.

Inspectors

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,

aenter 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

ctake 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.

Assistance of inspectors

7.41 The 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.

Obstruction of inspector

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.

False or misleading statement

7.51 No 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.

Application for investigation of offence

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,

bstating that the applicant is at least 18 years old and a resident of Canada,

cstating the nature of the alleged offence and the name of each person alleged to be involved, and

dcontaining a brief statement of the evidence supporting the allegations of the applicant.

Investigation by the Minister

7.61 The 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.

Conduct of investigation

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

aprepare a report in writing that describes the information obtained during the investigation and states the reasons for its discontinuation, and

bserve 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.

Administrative penalty

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.

Ministerial orders

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:

astop or shut down an activity or an undertaking involved in the alleged violation or failure to comply;

btake any measures that the Minister considers necessary to prevent further violations or failures to comply;

cinstall, 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;

dmaintain records on any relevant matter and report periodically to the Minister;

eengage an expert to prepare a report for submission to the Minister;

fsubmit to the Minister a proposal or plan for action or other information required by the Minister;

gundertake tests or investigations or other similar action and report the results of these to the Minister;

htake 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.

Amendment or revocation of Ministerial order

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.

Effect of Ministerial order

7.9( 1) An order made by the Minister under section 7.8 remains in effect until

athe 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

bthe 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.

Appeals

7.91 An 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.

PART 5

GENERAL AND MISCELLANEOUS

8 The Act is amended by adding after section 8 the following:

Forms

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.

Service of documents

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

aif it is served in the manner in which personal service may be made under the Rules of Court,

bif it is mailed prepaid registered mail to the last address of that person reported to the Minister under this Act or the regulations, or

cif 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.

Recovery of amount

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.

Offences and penalties

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:

amakes 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;

bviolates or fails to comply with a Ministerial order made under this Act;

cviolates or fails to comply with a provision of this Act that is listed in Schedule A; and

dviolates 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

aprohibiting the offender from doing anything that may result in the continuation or repetition of the offence,

brequiring 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,

cdirecting 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

drequiring 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,

athe 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

bthe 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.

Limitation period

8.5 A 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.

Compliance with obligations

8.6 The 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.

9 Section 10 of the Act is amended

aby renumbering the section as subsection (1);

bin subsection (1)

( i) by adding after paragraph (a) the following:

a.1for the purposes of the definition “compliance option” in section 1, prescribing other types of credits;

a.2for the purposes of the definition “compliance period” in section 1, prescribing compliance periods;

a.3for the purposes of the definition “industrial facility” in section 1, prescribing other activities;

a.4for the purposes of the definition “offset credit” in section 1, prescribing activities;

a.5for 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.6for the purposes of section 1.1, prescribing the manner of determining the carbon dioxide equivalent and prescribing the value of the global warming potential;

( ii) by adding after paragraph (b) the following:

b.1respecting 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.2prescribing a rate of interest for the purposes of subsection 4(11.1);

( iii) by adding after paragraph (c) the following:

c.1for the purposes of paragraph 7.1(2)(b), prescribing other documents;

c.11respecting the designation of an industrial facility as an opted-in facility, including the term and revocation of that designation;

c.2for 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.21respecting the creation, operation and management of one or more public registries;

c.3for 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.31for 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.4for the purposes of section 7.3, prescribing the method of calculating greenhouse gas emissions;

c.41respecting compliance obligations, including the registration of compliance obligations and the provision of compliance reports;

c.5respecting 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.51for the purposes of section 7.31,

( i) prescribing the manner in which a request may be dealt with, and

( ii) prescribing the criteria that must be considered by the Minister when deciding whether or not to keep information confidential in accordance with a request;

c.6prescribing information and documents that must be retained by regulated facilities and the period for which the information must be retained;

c.61for 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.7governing 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.71for the purposes of paragraph 8.2(1)(c), prescribing other means of service;

c.8respecting 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.9respecting the circumstances under which and the conditions on which exemptions referred to in paragraph (c.8) apply;

( iv) by repealing paragraph (d);

( v) by repealing paragraph (e) and substituting the following:

erespecting fees for the purposes of this Act, the regulations and the standards;

( vi) in paragraph (f) by striking out “for the purposes of this Act, the regulations or both” and substituting “for the purposes of this Act, the regulations or the standards”;

( vii) by adding after paragraph (f) the following:

f.1prescribing anything required or authorized by this Act to be prescribed;

cby adding after subsection (1) the following:

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.

10 The Act is amended by adding after section 10 the following:

Notice and publication of standards

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

apublish the standard on the website of the Department of Environment and Local Government, and

bpublish 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).

Proof of the making of a standard

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.

Review of Act

10.3 The Minister shall undertake a revision of this Act every five years or at any shorter interval the Minister considers appropriate.

11 The Act is amended by adding the attached Schedule A.

12 This Act shall be deemed to have come into force on January 1, 2019.

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)