Bill C-57: An Act to amend the Federal Sustainable Development Act

Bill C-57 If you have any questions or comments regarding the accessibility of this publication, please contact us at [email protected]. First Reading Second Reading Third Reading Royal Assent LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content Federal Sustainable Development Act Consequential Amendments to the Auditor General Act Transitional Provisions Coming into Force SCHEDULE First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019 STATUTES OF CANADA 2019 CHAPTER 2 An Act to amend the Federal Sustainable Development Act ASSENTED TO February 28, 2019 BILL C-57 RECOMMENDATION His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Federal Sustainable Development Act”. SUMMARY This enactment amends the Federal Sustainable Development Act to make decision making related to sustainable development more transparent and subject to accountability to Parliament. Available on the House of Commons website at the following address: www.ourcommons.ca 64-65-66-67-68 Elizabeth II CHAPTER 2 An Act to amend the Federal Sustainable Development Act [Assented to 28th February, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2008, c. 33 Federal Sustainable Development Act 1 (1) The definitions precautionary principle and target in section 2 of the Federal Sustainable Development Act are repealed. (2) The definition Minister in section 2 of the Act is replaced by the following: Minister means the Minister of the Environment, unless the context otherwise requires. (ministre) (3) Section 2 of the Act is amended by adding the following in alphabetical order: appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent) designated entity means an entity named in the schedule. (entité désignée) entity means (a) any body named in any of Schedules I to II to the Financial Administration Act; or (b) any Crown corporation as defined in section 2 of the Financial Administration Act. (entité) 2 Section 3 of the Act is replaced by the following: Purpose 3 The purpose of this Act is to provide the legal framework for developing and implementing a Federal Sustainable Development Strategy that makes decision making related to sustainable development more transparent and subject to accountability to Parliament, promotes coordinated action across the Government of Canada to advance sustainable development and respects Canada’s domestic and international obligations relating to sustainable development, with a view to improving the quality of life of Canadians. 3 Section 5 of the Act is replaced by the following: Principles 5 The following principles shall be considered in the development of sustainable development strategies: (a) the principle that sustainable development is based on an efficient use of natural, social and economic resources and the need for the Government of Canada to integrate environmental, economic and social factors in the making of all of its decisions; (a.‍1) the principle that sustainable development (i) is a continually evolving concept, (ii) may be achieved by, among other things, the protection of ecosystems, prevention of pollution, protection of human health, promotion of equity, conservation of cultural heritage, respect for domestic and international obligations relating to sustainable development and recognition of the present generation’s responsibility to provide future generations with a healthy and ecologically sound environment, and (iii) may be advanced by, among other things, taking into account the precautionary principle, the “polluter pays” principle, the principle of internalization of costs and the principle of continuous improvement; (b) the principle of intergenerational equity, which is the principle that it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs; (c) the principle of openness and transparency, which is the principle that the release of information should be encouraged to support accountability and public engagement; (d) the principle that it is important to involve Aboriginal peoples because of their traditional knowledge and their unique understanding of, and connection to, Canada’s lands and waters; (e) the principle of collaboration, which is the principle that it is important for stakeholders to collaborate in the pursuit of common objectives; and (f) the principle that a results and delivery approach — that allows for developing objectives, developing strategies for meeting those objectives, using indicators for reporting on progress towards meeting those objectives and establishing accountability — is key to meeting measurable targets. 2010, c. 16, s. 1 4 Subsection 7(2) of the Act is replaced by the following: Report (2) The Office shall, at least once every three years after this Act comes into force or, as of November 10, 2017, at least once within every three-year period beginning on that date, provide the Minister with a report on the progress of the Government of Canada in implementing the Federal Sustainable Development Strategy. Contribution of designated entities (3) Every designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the report. Tabling in each House of Parliament (4) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it. Deemed referral to appropriate committee (5) A report that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. 5 (1) The portion of subsection 8(1) of the Act before paragraph (b) is replaced by the following: Sustainable Development Advisory Council 8 (1) The Minister shall appoint a Sustainable Development Advisory Council composed of one representative from each province and territory, six representatives of Aboriginal peoples, and three representatives from each of the following: (2) Section 8 of the Act is amended by adding the following after subsection (1): Demographic representation (1.‍1) The Minister shall, when appointing representatives to the Sustainable Development Advisory Council, seek to reflect the diversity of Canadian society by taking into account demographic considerations such as age and gender. (3) Subsection 8(3) of the Act is replaced by the following: Mandate (2.‍1) The mandate of the Sustainable Development Advisory Council is to advise the Minister on any matter related to sustainable development, including matters referred to it by the Minister. Expenses (3) The representatives appointed to the Sustainable Development Advisory Council may be paid reasonable expenses incurred by them in connection with the business of the Council, subject to applicable Treasury Board dir­ectives. 6 (1) Subsections 9(1) and (2) of the Act are replaced by the following: Preparation 9 (1) The Minister shall develop, in accordance with this section, a Federal Sustainable Development Strategy within two years after this Act comes into force and at least once within every three-year period after that or, as of November 10, 2017, at least once within every three-year period beginning on that date. Contribution of designated entities (1.‍1) Every designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the Federal Sustainable Development Strategy. Content (2) The Federal Sustainable Development Strategy shall set out federal sustainable development goals and targets and an implementation strategy for meeting each target and identify the minister responsible for meeting each target. Each target shall be measurable and shall include a time frame. (2) Subsection 9(4) of the Act is replaced by the following: Consultation: first draft (4) The Minister shall at the same time submit the draft of the Federal Sustainable Development Strategy to the Commissioner for review and comment, including as to whether each target is measurable and includes a time frame, for which the Minister shall allow a period of not less than 120 days. 2010, c. 16, s. 3 7 Subsections 10(2) and (3) of the Act are replaced by the following: Tabling in each House of Parliament (2) The Minister shall cause the official Federal Sustainable Development Strategy to be tabled in each House of Parliament within the period referred to in subsection 9(1) or on any of the first 15 days on which that House is sitting after that period. Deemed referred to committee (3) The Federal Sustainable Development Strategy that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. 2010, c. 16, s. 4 8 Sections 11 and 12 of the Act are replaced by the following: Power of Treasury Board 10.‍1 The Treasury Board may establish policies or issue directives applicable to one or more of the designated entities in relation to the sustainable development impact of their operations. Sustainable Development Strategies of Designated Entities Designated entities 11 (1) Within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), every designated entity other than a designated entity referred to in section 12 shall (a) prepare a sustainable development strategy that (i) contains objectives and plans for the designated entity, (ii) complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals, (iii) takes into account the designated entity’s mandate, (iv) takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.‍1, and (v) takes into account comments made under subsections 9(3) or (4); and (b) provide the sustainable development strategy to the appropriate Minister with respect to the designated entity. Tabling in each House of Parliament (2) The appropriate Minister shall cause the sustainable development strategy to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it. Report (3) The designated entity shall, at least once in each of the two years following the tabling of its sustainable development strategy in a House of Parliament under subsection (2), provide the appropriate Minister with a report on its progress in implementing the sustainable development strategy. The appropriate Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it. Designated entities over which minister presides 12 (1) In the case of a designated entity over which a minister presides, the minister who presides over the designated entity shall (a) within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), prepare a sustainable development strategy with respect to the designated entity that (i) contains objectives and plans for the designated entity, (ii) complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals, (iii) takes into account the designated entity’s mandate, (iv) takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.‍1, and (v) takes into account comments made under subsections 9(3) or (4); and (b) cause the designated entity’s sustainable development strategy to be tabled in each House of Parliament within the year referred to in paragraph (a) or on any of the first 15 days on which that House is sitting after that year. Report (2) The minister presiding over the designated entity shall, at least once in each of the two years following the tabling of the designated entity’s sustainable development strategy in a House of Parliament under paragraph (1)‍(b), prepare a report on the progress of the designated entity in implementing its sustainable development strategy. That minister shall cause the report to be tabled in each House of Parliament within the year in which the report shall be prepared or on any of the first 15 days on which that House is sitting after that year. Deemed referral to committee 12.‍1 A sustainable development strategy or report that is tabled in a House of Parliament under section 11 or 12 is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. Regulations 12.‍2 The Governor in Council may, on the recommendation of the Minister, make regulations prescribing the form in which a sustainable development strategy is to be prepared and the information that is required to be contained in it. Amendments to schedule 12.‍3 The Governor in Council may, by order, amend the schedule (a) to add or amend an item, in order to subject an entity to the application of this Act; or (b) to remove or amend an item, in order to exclude an entity from the application of this Act, on the recommendation of the entity’s appropriate Minister. 9 The Act is amended by adding the following after section 13: Permanent Review of Act Permanent review of Act by parliamentary committee 13.‍1 (1) The administration of this Act shall, every five years after the day on which this section comes into force, stand referred to any committee of the Senate or the House of Commons that normally considers matters relating to sustainable development, or of both Houses of Parliament, that may be designated or established for that purpose. Review and report to Parliament (2) The committee designated or established for the purpose of subsection (1) shall, as soon as feasible, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within any further time that the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report to Parliament, including a statement of any changes to this Act or its administration that the committee would recommend. 2013, c. 33, s. 194 10 The schedule to the Act is replaced by the schedule set out in the schedule to this Act. Consequential Amendments to the Auditor General Act 10.‍1 (1) The definition category I department in section 2 of the Auditor General Act is repealed. (2) Section 2 of the Act is amended by adding the following in alphabetical order: designated entity has the same meaning as in section 2 of the Federal Sustainable Development Act; (entité désignée) 10.‍2 The portion of section 21.‍1 of the Act before paragraph (a) is replaced by the following: Purpose 21.‍1 In addition to carrying out the functions referred to in subsection 23(3), the purpose of the Commissioner is to provide sustainable development monitoring and reporting on the progress of designated entities towards sustainable development, which is a continually evolving concept based on the integration of social, economic and environmental concerns, and which may be achieved by, among other things, 10.‍3 Subsection 22(1) of the Act is replaced by the following: Petitions received 22 (1) Where the Auditor General receives a petition in writing from a resident of Canada about an environmental matter in the context of sustainable development that is the responsibility of a designated entity, the Auditor General shall make a record of the petition and forward the petition within fifteen days after the day on which it is received to the appropriate Minister for the designated entity. 10.‍4 (1) Paragraph 23(1)‍(a) of the Act is replaced by the following: (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act; and (2) Paragraph 23(2)‍(a) of the Act is replaced by the following: (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act; (3) Paragraph 23(2)‍(c) of the Act is replaced by the following: (c) the exercising of the authority of the Governor in Council under sections 12.‍2 and 12.‍3 of the Federal Sustainable Development Act. Transitional Provisions Subsection 7(3) of Federal Sustainable Development Act 11 For the first report referred to in subsection 7(2) of the Federal Sustainable Development Act prepared after the day on which this Act comes into force, subsection 7(3) of the Federal Sustainable Development Act applies only in respect of designated entities, as defined in section 2 of that Act, that were subject to that Act before that day. Sections 11 and 12 of Federal Sustainable Development Act 12 In respect of designated entities, as defined in section 2 the Federal Sustainable Development Act, that become subject to that Act on the day on which this Act comes into force, sections 11 and 12 of the Federal Sustainable Development Act, as enacted by section 8 of this Act, apply only in respect of any Federal Sustainable Development Strategy tabled in a House of Parliament on or after that day. Coming into Force Order in council 13 This Act comes into force on a day to be fixed by order of the Governor in Council. SCHEDULE  (Section 10) SCHEDULE  (Sections 2 and 12.‍3) 1   Any department named in Schedule I to the Financial Administration Act 2   Any division or branch of the federal public administration set out in column I of Schedule I.‍1 to the Financial Administration Act 3   Any corporation named in Schedule II to the Financial Administration Act Publication Explorer Publication Explorer ParlVU