By Professor Nigel Bankes
Faculty of Law, University of Calgary
Regulations commented on: Federal Regulations “Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations” as of 30 August 2012, (Canada Gazette Part II, Vol. 146, No 19, SOR/2012-167)
On 27 August 2011 the federal government published proposed regulations on the “Reduction of Carbon Dioxide Emissions from Coal-Fired Generation of Electricity” (the “Draft Regulations”) (see my previous ABlawg post Cleaning up Coal). The Draft Regulations were open for comments for a 60-day public consultation period. Environment Canada received over 5000 submissions during the consultation period, including submissions from 4 provincial governments, 16 electricity industry corporations and system operators, 17 other industry corporations and associations, 6 Non-governmental Organizations (NGOs) and from the general public. The Regulatory Impact Assessment Statement (RIAS) for the Regulations acknowledges that the comments and extensive discussions with industry and provinces led to refinements of the Draft Regulations which in its final version provides greater flexibility to industry, while respecting the draft regulatory framework and maintaining the contribution of the Regulations to meeting Canada’s Copenhagen target (for the RIAS see Canada Gazette Part II, Vol. 146, No 19, SOR/2012-167, 2002 at 2003). On 30 August 2012, the final Regulations were published as a regulation of the Canadian Environmental Protection Act, 1999 (CEPA), SC 1999, c 33.
In my previous ABlawg post I described the underlying rationale of the Regulations which is to assist in meeting Canada’s GHG commitments and climate targets. This post focuses on the major changes between the Draft and the final Regulations.