Bill 4, Cap and Trade…

Bill 4, Cap and Trade Cancellation Act, 2018 repeals the Climate Change Mitigation and Low-carbon Economy Act, 2016 and provides for various matters related to the wind down of the Cap and Trade Program. It is said to also establish a requirement for the Minister to prepare a climate change plan and to prepare progress reports in respect of the plan.
These actions are insufficient to replace the protections of the associated purposes of Ontario's Environmental Protection Act and Ontario's Environmental Bill of Rights, both of which are to provide protection and conservation of the natural environment. The Climate Change Mitigation and Low-carbon Economy Act, 2016 provided for the cap and trade program which in turn provided for protection and conservation of the natural environment. Although Bill 4 provides for a replacement climate change plan without employing cap and trade or a carbon tax it is insufficient to provide protection and conservation of the natural environment. To illustrate this consider the use of cap and trade proceeds that were directed to funding the Electric and Hydrogen Vehicle Incentive Program (the "EHVIP"). Electric Vehicles are currently priced at a significant premium to vehicles with internal combustion engines and adoption has been slow. The automotive industry expects Ontario EV sales to plummet until either costs come down or financial incentives are provided by the federal government.

Without such support the current Ontario government is not providing protection and conservation of the natural environment. Each time the government approves and funds expansion of any provincial roadway it has encroached upon the natural environment by reducing wildlife habitat directly or indirectly from road runoffs and bringing or increasing air pollutants from vehicular operation to greater areas of the natural environment. These are the results that can be directly attributed to government actions and are adverse to the identified purpose of Environmental Protection Act and the Environmental Bill of Rights. Any replacement climate change plan can not eliminate this as the provincial government does not have control over a number of factors that drive demand pressures for additional roadways (although it can certainly attempt to end urban sprawl). However the funding that cap and trade provided to the EHVIP was a mitigation measure that was able to reduce emissions on existing roadways let alone expanded roadways. It therefore provided an immediate measure to provide protection and conservation of the natural environment and was congruent with the stated purpose of the Environmental Protection Act and the Environmental Bill of Rights . Similarly other programs funded by cap and trade proceeds were bringing immediate results to provide protection and conservation of the natural environment and support the design purposes of the Environmental Protection Act and the Environmental Bill of Rights. Bill 4 should not be allowed to proceed without the public being able to analyze and assess how the government's replacement climate change plan compares to the immediate achievements of the cap and trade program. While such a comparison is not normally a prerequisite for passing legislation Bill 4 however results in a greater threat to the protection and conservation of the natural environment in contravention to long existing legislation of the Environmental Protection Act and the Environmental Bill of Rights. This is sufficient reason to make Bill 4 subject to a higher test before it proceeds, i.e. the replacement climate change plan needs to be assessed by the public before Bill 4 proceeds. The public should also be provided with significant investigative proof that Bill 4 will provide at least as much protection and conservation of the natural environment that cap and trade achieved.