Alternative Fuels Act, 1996

EXPLANATORY NOTE

The purpose of the Bill is to accelerate the use in Ontario of alternative fuels in motor vehicles in order to reduce the emission of carbon dioxide and other greenhouse gases, thereby lessening dependence on petroleum-based fuels for transportation.

The enactment requires the Minister of Finance to ensure that, by the year 2004 following a seven-year phasing-in period, 75 per cent of all automobiles, passenger vans and light duty trucks operated by provincial ministries and agencies will be using alternative fuels. The same requirement applies to every Crown corporation, as defined in the Bill.

The Bill also requires the Minister of Finance and each Crown corporation to table in the Legislative Assembly after each fiscal year a report on the manner and extent to which the Act has been complied with in that fiscal year.

Bill1996

An Act to Accelerate the Use of

Alternative Fuels in Motor Vehicles

used by the Government of Ontario and

its Agencies, Boards and Commissions

Preamble

The Government of Ontario has a commitment to protect and enhance the quality of the environment for the present and future well-being of the people of Ontario.

Damage to the environment is caused by the emission of air pollutants generated by internal combustion engines using conventional fuels.

The provincial government and its agencies, boards and commissions are major users of vehicles with internal combustion engines that use conventional fuels.

The provincial government can promote the use of alternative fuels by using them in its vehicles and the vehicles of its agencies, boards and commissions.

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

Definitions

1. (1) In this Act,

"acquire" includes to lease for a period of 12 months or more, with or without an option to purchase; ("acquérir")

"alternative fuel" means fuel prescribed by regulation that is for use in motor vehicles to deliver direct propulsion and that is less damaging to the environment than conventional fuels, and includes ethanol, methanol, propane gas, natural gas, hydrogen or electricity when used as a sole source of direct propulsion energy; ("carburant de remplacement")

"Crown corporation" means any body that is a Schedule II agency as determined in accordance with Management Board of Cabinet directives, unless excluded pursuant to subsection (2); ("société")

"provincial body" means any body that is a Schedule I, III or IV agency as determined in accordance with Management Board of Cabinet directives; ("organisme fédéral")

"motor vehicle" means any motor vehicle of a class prescribed by regulation and includes an automobile, passenger van or light duty truck. ("véhicule automobile")

Excluding Crown corporations

(2) The Minister of Finance may, by order, exclude any Crown corporation from the application of this Act, after consultation with the board of directors of the corporation.

Alternative fuels policy

2. It is the purpose of this Act that, for the fiscal year commencing on April 1, 2004 and for every fiscal year thereafter, where it is cost effective and operationally feasible, 75 per cent of motor vehicles operated by all provincial bodies and Crown corporations will be motor vehicles operating on alternative fuels, thereby promoting the replacement of petroleum-based fuels for transportation.

Implementation of policy

3. (1) The Minister of Finance shall take such measures as may be necessary to ensure that all provincial bodies that acquire motor vehicles shall, where it is cost effective and operationally feasible to do so, in the aggregate, select, in percentages not less than those following, motor vehicles powered by engines that are capable of operating on alternative fuels:

1. 50 per cent, for the fiscal year commencing April 1, 1997.

2. 60 per cent, for the fiscal year commencing April 1, 1998.

3. 75 per cent, for the fiscal year commencing April 1, 1999 and for every fiscal year thereafter.

Obligatory use

(2) Where it is cost effective and operationally feasible to do so, a provincial body shall use an alternative fuel in the operation of any motor vehicle capable of operating on such a fuel.

Crown corporations

4. (1) Every Crown corporation that acquires motor vehicles shall, where it is cost effective and operationally feasible to do so, select, in percentages not less than those following, vehicles powered by motors that are capable of operating on alternative fuels:

1. 50 per cent, for the fiscal year commencing April 1, 1997.

2. 60 per cent, for the fiscal year commencing April 1, 1998.

3. 75 per cent, for the fiscal year commencing April 1, 1999 and for every fiscal year thereafter.

Obligatory use

(2) Where it is cost effective and operationally feasible to do so, a Crown corporation shall use an alternative fuel in the operation of any motor vehicle capable of operating on such a fuel.

Regulations

5. The Lieutenant Governor in Council may, on the recommendation of the Minister of Finance after he or she has consulted with such representatives of industry and environmental groups as the Minister of Finance considers appropriate, make regulations,

(a) prescribing any fuel for the purposes of the definition of "alternative fuel";

(b) prescribing any class of motor vehicle for the purposes of the definition of "motor vehicle";

(c) respecting the criteria to be used in determining cost effectiveness and operational feasibility; and

(d) generally for carrying out the purpose of this Act or any of its provisions.

Measures

6. The Minister of Finance may take such measures as he or she considers appropriate for giving effect to the purpose of this Act or any provision of it.

Report to Assembly

7. Effective with the fiscal year commencing April 1, 1997, there shall be laid before the Legislative Assembly as soon as practicable but not later that six months following the end of each fiscal year,

(a) by the Minister of Finance, a report for the year on the application of this Act in respect of all provincial bodies; and

(b) by every Crown corporation, a report for the year on the application of this Act in respect of that corporation.

Commencement

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

Short title

9. The short title of this Act is the Alternative Fuels Act, 1996.