Steve MacLellan

Despite being characterized by the government as “binding”, the proposed law features a number of weaknesses and limitations. Further, while tabling this bill is a commendable step (especially if it becomes law), and is the result of many years of hard work and input from environmental organizations, it leaves difficult, long-standing conversations unaddressed.

Accountability and transparency mechanisms are then built around this milestone-targets-plans approach. The Minister would, under s 14(1), be required to prepare a “progress report” regarding each milestone year at least two years before the start of that year (i.e. the 2030 milestone year report would be due at the start of 2028). The progress report would have to contain an update on progress toward the target, an update on the specific information required in the plan (as per s 10(1) above), and “any other information… including information on any additional measures that could be taken to increase the probability of achieving the plans greenhouse gas emissions target” (s 14(2)).

Despite the government characterizing this proposed law as “binding”, that concept is distracting in this context. If passed, this act would certainly enshrine the 2050 net-zero target in legislation and create all the above-described target-setting, plan-making, and report-writing obligations. The current government would be obliged to comply with all this. However, the principle of parliamentary sovereignty, as reflected in section 42(1) of the federal Interpretation Act, RSC 1985, c I-21, dictates that parliaments of tomorrow have the power to repeal and amend any act of a previous parliament.