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An Act to amend the Federal Sustainable Development Act (S.C. 2019, c. 2)

Assented to 2019-02-28

2008, c. 33Federal Sustainable Development Act (continued)

Marginal note:2010, c. 16, s. 3

 Subsections 10(2) and (3) of the Act are replaced by the following:

  • Marginal note:Tabling in each House of Parliament

    (2) The Minister shall cause the official Federal Sustainable Development Strategy to be tabled in each House of Parliament within the period referred to in subsection 9(1) or on any of the first 15 days on which that House is sitting after that period.

  • Marginal note:Deemed referred to committee

    (3) The Federal Sustainable Development Strategy that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development.

Marginal note:2010, c. 16, s. 4

 Sections 11 and 12 of the Act are replaced by the following:

Marginal note:Power of Treasury Board

10.1 The Treasury Board may establish policies or issue directives applicable to one or more of the designated entities in relation to the sustainable development impact of their operations.

Sustainable Development Strategies of Designated Entities

Marginal note:Designated entities

  • 11 (1) Within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), every designated entity other than a designated entity referred to in section 12 shall

    • (a) prepare a sustainable development strategy that

      • (i) contains objectives and plans for the designated entity,

      • (ii) complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals,

      • (iii) takes into account the designated entity’s mandate,

      • (iv) takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.1, and

      • (v) takes into account comments made under subsections 9(3) or (4); and

    • (b) provide the sustainable development strategy to the appropriate Minister with respect to the designated entity.

  • Marginal note:Tabling in each House of Parliament

    (2) The appropriate Minister shall cause the sustainable development strategy to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it.

  • Marginal note:Report

    (3) The designated entity shall, at least once in each of the two years following the tabling of its sustainable development strategy in a House of Parliament under subsection (2), provide the appropriate Minister with a report on its progress in implementing the sustainable development strategy. The appropriate Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it.

Marginal note:Designated entities over which minister presides

  • 12 (1) In the case of a designated entity over which a minister presides, the minister who presides over the designated entity shall

    • (a) within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), prepare a sustainable development strategy with respect to the designated entity that

      • (i) contains objectives and plans for the designated entity,

      • (ii) complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals,

      • (iii) takes into account the designated entity’s mandate,

      • (iv) takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.1, and

      • (v) takes into account comments made under subsections 9(3) or (4); and

    • (b) cause the designated entity’s sustainable development strategy to be tabled in each House of Parliament within the year referred to in paragraph (a) or on any of the first 15 days on which that House is sitting after that year.

  • Marginal note:Report

    (2) The minister presiding over the designated entity shall, at least once in each of the two years following the tabling of the designated entity’s sustainable development strategy in a House of Parliament under paragraph (1)(b), prepare a report on the progress of the designated entity in implementing its sustainable development strategy. That minister shall cause the report to be tabled in each House of Parliament within the year in which the report shall be prepared or on any of the first 15 days on which that House is sitting after that year.

Marginal note:Deemed referral to committee

12.1 A sustainable development strategy or report that is tabled in a House of Parliament under section 11 or 12 is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development.

Marginal note:Regulations

12.2 The Governor in Council may, on the recommendation of the Minister, make regulations prescribing the form in which a sustainable development strategy is to be prepared and the information that is required to be contained in it.

Marginal note:Amendments to schedule

12.3 The Governor in Council may, by order, amend the schedule

  • (a) to add or amend an item, in order to subject an entity to the application of this Act; or

  • (b) to remove or amend an item, in order to exclude an entity from the application of this Act, on the recommendation of the entity’s appropriate Minister.

 The Act is amended by adding the following after section 13:

Permanent Review of Act

Marginal note:Permanent review of Act by parliamentary committee

  • 13.1 (1) The administration of this Act shall, every five years after the day on which this section comes into force, stand referred to any committee of the Senate or the House of Commons that normally considers matters relating to sustainable development, or of both Houses of Parliament, that may be designated or established for that purpose.

  • Marginal note:Review and report to Parliament

    (2) The committee designated or established for the purpose of subsection (1) shall, as soon as feasible, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within any further time that the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report to Parliament, including a statement of any changes to this Act or its administration that the committee would recommend.

Marginal note:2013, c. 33, s. 194

 The schedule to the Act is replaced by the schedule set out in the schedule to this Act.

Consequential Amendments to the Auditor General Act

  •  (1) The definition category I department in section 2 of the Auditor General Act is repealed.

  • (2) Section 2 of the Act is amended by adding the following in alphabetical order:

    designated entity

    designated entity has the same meaning as in section 2 of the Federal Sustainable Development Act; (entité désignée)

 The portion of section 21.1 of the Act before paragraph (a) is replaced by the following:

Marginal note:Purpose

21.1 In addition to carrying out the functions referred to in subsection 23(3), the purpose of the Commissioner is to provide sustainable development monitoring and reporting on the progress of designated entities towards sustainable development, which is a continually evolving concept based on the integration of social, economic and environmental concerns, and which may be achieved by, among other things,

 Subsection 22(1) of the Act is replaced by the following:

Marginal note:Petitions received

  • 22 (1) Where the Auditor General receives a petition in writing from a resident of Canada about an environmental matter in the context of sustainable development that is the responsibility of a designated entity, the Auditor General shall make a record of the petition and forward the petition within fifteen days after the day on which it is received to the appropriate Minister for the designated entity.

  •  (1) Paragraph 23(1)(a) of the Act is replaced by the following:

    • (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act; and

  • (2) Paragraph 23(2)(a) of the Act is replaced by the following:

    • (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act;

  • (3) Paragraph 23(2)(c) of the Act is replaced by the following:

 

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