Bill 138 2013

An Act to amend the Environmental Protection Act to require the cessation of coal use to generate electricity at generation facilities

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Environmental Protection Act is amended by adding the following Part:

PART VI.1
Cessation of Coal Use at Generation Facilities

Definition

   59.1  In this Part,

"generation facility" has the same meaning as in the Electricity Act, 1998.

Cessation of coal use, certain generation facilities

   59.2  (1)  The owner and the operator of each of the following generation facilities shall ensure that coal is not used to generate electricity at the generation facility after December 31, 2014:

    1.  Atikokan Generating Station, located on Highway 622 in the Township of Atikokan.

    2.  Lambton Generating Station, located on St. Clair Parkway in the Township of St. Clair.

    3.  Nanticoke Generating Station, located on Regional Road 55 South in Haldimand County.

    4.  Thunder Bay Generating Station, located on 108th Avenue in the City of Thunder Bay. 

Change of name or ownership

   (2)  Subsection (1) applies in respect of each generation facility named in that subsection even if the generation facility's name or ownership changes.

Application of s. 187 (4) and (5)

   (3)  Subsections 187 (4) and (5) apply with respect to an offence under subsection 186 (1) of contravening subsection (1).

Same

   (4)  For the purposes of subsections 187 (4) and (5), an offence under subsection 186 (1) of contravening subsection (1) is deemed to be an offence described in subsection 187 (3).

Cessation of coal use, general

   59.3  (1)  Subject to subsection (2), no person shall use coal at a generation facility to generate electricity in Ontario after December 31, 2014.

Exception

   (2)  Subsection (1) does not apply to the following types of generation facilities:

    1.  A generation facility at a facility that produces a product other than electricity or steam where the generation of electricity is not the primary purpose of the facility.

    2.  A generation facility that uses heat, steam or by-product gas from another facility that produces a product other than electricity or steam where the generation of electricity is not the primary purpose of the other facility.

Definition

   (3)  In this section,

"by-product gas" means a gas that is a by-product of a chemical reaction or physical process.

Exception, exemption

   59.4  Clause 175.1 (1) (a) does not apply with respect to a generation facility that uses coal to generate electricity in Ontario after December 31, 2014 unless the generation facility is of a type of generation facility that is similar to the type described in subsection 59.3 (2).

Commencement

   2.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   3.  The short title of this Act is the Ending Coal for Cleaner Air Act, 2013.

EXPLANATORY NOTE

The Bill amends the Environmental Protection Act by adding a new Part VI.1.  Section 59.2 prohibits the use of coal to generate electricity at certain specified generation facilities after December 31, 2014.  The greater fines set out in subsections 187 (4) and (5) of the Act apply in respect of a conviction for breach of the prohibition in section 59.2. 

Section 59.3 generally prohibits the use of coal at generation facilities to generate electricity after December 31, 2014.  This prohibition does not apply in respect of two types of generation facilities.  One type is a generation facility at a facility that produces a product other than electricity or steam where the generation of electricity is not the primary purpose of the facility.  The other type is a generation facility that uses heat, steam or by-product gas from another facility that produces a product other than electricity or steam where the generation of  electricity is not the primary purpose of the other facility. 

The power to make regulations exempting any person or thing from any provision of the Act does not apply to a generation facility that uses coal to generate electricity unless the facility is of a type that is similar to the type that is exempted under section 59.3.