BILL NO. 120

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Private Member's Bill

 

Local Action on Climate Change Support Act

 

Lisa Roberts
Halifax Needham

First Reading: March 15, 2019

Second Reading:

Third Reading:

 

An Act to Support
Local Action on Climate Change

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Local Action on Climate Change Support Act.

2 In this Act, "Fund" means the Local Action on Climate Change Fund established under Section 3.

3 (1) The Local Action on Climate Change Fund is hereby established.

(2) The purpose of the Fund is to assist municipalities with projects to address climate-change matters, including, in their sole discretion,

(a) hiring or supporting staff;

(b) planning; and

(c) construction of physical infrastructure.

(3) The Government shall include in its budget estimates for each fiscal year an amount to be transferred to the Fund sufficient to cover the estimated expenses of the Fund in that fiscal year.

(4) Subject to Section 11, the Governor in Council may from time to time transfer to the Fund and charge to the General Revenue Fund such money as is considered necessary for the purpose of this Act or if it is considered expedient so to do.

4 (1) Subject to subsection (2), criteria for eligibility for money from the Fund is as prescribed by the regulations.

(2) Vulnerable municipalities, as determined by relative fiscal capacity, demographic factors and the cost of providing services have priority in determining eligibility for money from the Fund and amounts awarded under the Fund.

5 (1) Subject to Section 11, the Province shall provide funding to the Federation of Nova Scotia Municipalities to establish a staff position within the Federation dedicated to the function of assisting municipalities in accessing federal funding for environmental sustainability or climate-change matters.

(2) The maximum amount of funding provided by the Province under subsection (1) in a fiscal year is the lesser of

(a) $62,500; and

(b) the amount, other than funds provided under this Section, expended by the Federation of Nova Scotia Municipalities in connection with the staff position.

6 The Province hereby commits itself to working in co-operation with municipalities to support their plans and actions to address climate-change matters, including supporting the installation of energy-efficiency and water-conservation equipment on private property in accordance with Section 81A of the Municipal Government Act and Section 104A of the Halifax Regional Municipality Charter through a program such as the Residential Property Assessed Clean Energy Program.

7 (1) The Governor in Council may make regulations prescribing criteria for eligibility for money from the Fund.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.

8 Section 65 of Chapter 18 of the Acts of 1998, the Municipal Government Act, as amended by Chapter 35 of the Acts of 2001, Chapter 9 of the Acts of 2003, Chapter 7 of the Acts of 2004, Chapter 9 of the Acts of 2005, Chapters 27 and 63 of the Acts of 2012, Chapter 25 of the Acts of 2016 and Chapter 33 of the Acts of 2018, is further amended by

(a) adding immediately after clause (j) the following clause:

(ja) all measures the council deems reasonable to advance environmental sustainability, including addressing climate change, whether by mitigation, adaptation or otherwise;

and

(b) adding ", generation" immediately "supply" in the first line of clause (ac).

9 Chapter 18 is further amended by adding immediately after Section 193 the following Section:

193A The Governor in Council, on the recommendation of the Minister, shall adopt a statement of provincial interest respecting environmental sustainability.

10 Section 79 of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, as amended by Chapter 52 of the Acts of 2010, Chapter 25 of the Acts of 2016 and Chapter 33 of the Acts of 2018, is further amended by

(a) adding immediately after clause (j) the following clause:

(ja) all measures the Council deems reasonable to advance environmental sustainability, including addressing climate change, whether by mitigation, adaptation or otherwise;

and

(b) adding ", generation" immediately "supply" in the first line of clause (ad).

11 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.

 

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