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ARTICLE · 02 JUNE 2009

Ontario Prepares Legislative Groundwork For GHG Cap-And-Trade System

Willms & Shier Environmental Lawyers LLP
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On May 27, Minister of the Environment John Gerretsen introduced Bill 185, the Environmental Protection Amendment Act (Greenhouse Gas Emissions Trading), 2009.

CanadaEnergy and Natural Resources
Paul Manning
Paul Manning
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On May 27, Minister of the Environment John Gerretsen introduced Bill 185, the Environmental Protection Amendment Act (Greenhouse Gas Emissions Trading), 2009.

Bill 185 amends the Environmental Protection Act (EPA) to allow Ontario to implement its own emissions trading scheme. It is designed to allow the Province to fulfill its obligations under the Western Climate Initiative (WCI) and its Memorandum of Understanding with Quebec. The proposals also anticipate implementation of a cap and trade scheme in the USA and the emergence of a North America wide scheme. Such a scheme could be in place as early as 2012.

The Bill re-enacts section 176.1 of the EPA, which authorizes the making of regulations relating to emissions trading and other market-based approaches. The Province's current NOx and SOx trading scheme operates under these provisions. The Bill clarifies that section 176.1 applies to greenhouse gases (GHGs).

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