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On June 22nd, 2007 the Kyoto Protocol Implementation Act received Royal Assent.
Section 5 of the Act provides that "Within 60 days after this Act comes into force and not later than May 31 of every year thereafter until 2013, the Minister [of the Environment] shall prepare a Climate Change Plan that includes
Sections 6 through 8 address the issues of regulating greenhouse gases. Section 6 sets out broad authorities for the Governor-in-Council to make regulations respecting greenhouse gases. Section 7 provides that within 180 days of the coming into force of the Kyoto Protocol Implementation Act the Governor-in-Council shall ensure that Canada fully meets its obligations under section 3, paragraph 1, of the Kyoto Protocol by "making, amending or repealing the necessary regulations under this or any other Act." Section 8 sets out requirements for pre-publication of any such regulations for consultation purposes.
Section 9 of the Act provides that "Within 120 days after this Act comes into force, the Minister of the Environment shall prepare a statement setting out the greenhouse gas emission reductions that are reasonably expected to result for each year up to and including 2012 from
This document addresses the Government's obligations under sections 5 through 9 of the Kyoto Protocol Implementation Act.
Specifically, this document constitutes the Climate Change Plan that the Minister of the Environment is required to file under Section 5 of the Act.
With regard to Sections 6 through 8 of the Act, these call for the Government to regulate compliance with the Kyoto Protocol, but are silent on what types of regulation are expected and which sectors of society should shoulder the burden. The Governor-in-Council has discretion on whether and how best to regulate to meet legislative objectives, in order that the Government may pursue a balanced approach that protects both the environment and the economy. The Government is taking aggressive action to reduce greenhouse gases and will therefore continue to fulfil its proper role in Canada's parliamentary system by regulating where appropriate and in a balanced and responsible manner. In that context, this document elaborates on the Government's existing plan to regulate greenhouse gas emissions and air pollution, Turning the Corner.
With regard to Section 9, Annex 1 constitutes the Statement required under that section of the Act. As required by the Kyoto Protocol Implementation Act, this document will be tabled in Parliament within the required timelines.
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