Amendments to Bill C-12 (Canadian Net-Zero Emissions Accountability Act)

In September 2020, the Canadian government tabled Bill C-12, the Canadian Net-Zero Emissions Accountability Act. After its second reading, this Bill was sent to the Standing Committee on Environment and Sustainable Development to consider whether any changes should be made to the Bill.

Lawyers for Climate Justice members Heather Mahony, Christie McLeod & Matt Hulse co-authored a submission on behalf of Lawyers for Climate Justice recommending the following amendments be made to strengthen the Bill:

1. Amend section 10 of the Bill to require that the emissions reductions plans prepared under this section be required to describe how the plan addresses and mitigates the disproportionate impacts of climate change and climate policies on groups most affected, including Indigenous peoples.

2. Amend section 13 of the Bill to include minimum levels of, and mechanisms for, public participation.

3. To ensure transparency concerning how submissions are considered in decision-making processes, amend section 13 of the Bill to require that all submissions are made publicly available.

4. Delete reference to the advisory body in section 13 and insert a clear process for consultation with the advisory body in preparing reports under sections 14, 15, and 16.

5. Amend section 21 of the Bill to specify the climate-related scientific, economic, technical, and social expertise required by the members of the Advisory body to ensure that it can independently and competently advise the Minister on matters relating to emissions targets and plans to achieve targets. Ensure that the requisite expertise includes Indigenous knowledge.

6. Ensure that the composition of the advisory body includes minimum requirements for Indigenous representatives from across Canada, including from southern and northern communities.

7. Amend sections 4 and 8 of the Bill to expressly note the importance of considering Indigenous and/or Traditional Ecological Knowledge in setting targets.

8. Amend section 6 of the Bill to require that net-zero emissions be achieved by reducing emissions at least 90% below 2005 levels.

9. Include a provision to ensure that any international carbon credit schemes used to meet Canada’s target only employ effective climate mitigation strategies, support social and environmental objectives, and do not exacerbate inequalities. This could be achieved with a regulation under the Bill that sets criteria for acceptable carbon credit schemes.

10. Amend sections 6 and 7 of the Bill to place clear and mandatory obligations on the Minister of the Environment to achieve the 2050 and milestone targets.

11. Include in the Bill provisions conferring standing and confirming causes of action (judicial review, statutory claims) sufficient to enable Canadians to enforce the Government of Canada’s obligations in the Bill in courts of competent jurisdiction, and providing that the full suite of remedies and relief are available to the courts when reviewing decision-making under the Act, including when emissions reduction plans are not followed and emissions targets are not met (e.g. declaratory relief, certiorari, mandamus).

Read the full letter here.