[37] Bill 87 Original (PDF)
Bill 87 2003
An Act to require that
public sector organizations
conduct an energy audit,
submit an energy efficiency plan
and implement the plan
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"Minister" means the Minister of Energy or any other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; ("ministre")
"Ministry" means the Ministry of the Minister. ("ministère")
Application
2. (1) The following are public sector organizations to which this Act applies:
1. The Crown in right of Ontario, every agency of the Crown in right of Ontario and every authority, board, commission, corporation, office or organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council.
2. The corporation of every municipality in Ontario.
3. Every local board as defined in the Municipal Affairs Act and every authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario.
4. Every board as defined in the Education Act.
5. Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for the purposes of calculating annual operating grants entitlements.
6. Every hospital referred to in the list of hospitals and their grades and classifications that is maintained under the Public Hospitals Act, every private hospital operated under the authority of a licence issued under the Private Hospitals Act and every hospital established or approved by the Lieutenant Governor in Council as a community psychiatric hospital under the Community Psychiatric Hospitals Act.
7. Every corporation with share capital, at least 90 per cent of the issued shares of which are beneficially held by, or for, one or more public sector organizations described in paragraphs 1 to 6, and every wholly-owned subsidiary of such a corporation.
8. Every corporation without share capital, the majority of whose members, directors or officers are members of, or are appointed or chosen by or under the authority of, one or more public sector organizations described in paragraphs 1 to 6, and every wholly-owned subsidiary of such a corporation.
9. Every board of health under the Health Protection and Promotion Act and every board of health under an Act of the Assembly that establishes or continues a regional municipality.
10. The Office of the Lieutenant Governor of Ontario, the Office of the Assembly, members of the Assembly, the Office of the Ombudsman, the Information and Privacy Commissioner and the Provincial Auditor.
11. Such other organizations as may be prescribed.
Exclusion
(2) This Act does not apply to such public sector organizations as may be prescribed by regulation, despite subsection (1).
Duty to prepare an energy efficiency plan
3. (1) Every public sector organization shall prepare an energy efficiency plan.
Content of plan
(2) The energy efficiency plan,
(a) must be based on an energy efficiency audit and must either have the audit appended to the plan or include a summary of the audit in the plan;
(b) must contain a description of the proposed changes that would promote energy efficiency; and
(c) must include estimates of the costs of implementing the changes and of the savings that would result from implementing the changes.
Approval
(3) The energy efficiency plan must be approved by the governing body of the public sector organization.
Same
(4) In the case of the Crown in right of Ontario, the energy efficiency plan must be approved by the Chair of the Management Board of Cabinet.
Transition
(5) In respect of public sector organizations that exist as public sector organizations on the day this section comes into force, they shall prepare their energy efficiency plans by the first anniversary of the day that this section comes into force.
Same
(6) In respect of organizations that become public sector organizations after the day this section comes into force, they shall prepare their energy efficiency plans by the first anniversary of the day that they become public sector organizations.
Same
(7) Despite subsection (1), if a public sector organization ceases to be a public sector organization before it is required to prepare an energy efficiency plan under this section, it is not required to prepare an energy efficiency plan for the period when it was a public sector organization.
Plan submitted to Minister
4. (1) Every public sector organization shall submit its energy efficiency plan to the Minister by the earlier of 30 days after the day it is approved by the governing body of the organization and 30 days after the first anniversary of the day that the public sector organization is required to submit its energy efficiency plan.
Review by Minister
(2) The Minister shall review each energy efficiency plan and shall approve the plan or shall return it to the public sector organization that submitted the plan, with an indication as to when the plan must be resubmitted.
Plan resubmitted to Minister
(3) If an energy efficiency plan is returned to a public sector organization, the organization,
(a) shall work with staff from the Ministry and with such other persons as are necessary to revise the plan; and
(b) shall resubmit the plan to the Minister within the time that the Minister indicates when he or she returns the plan to the public sector organization.
Approval of resubmitted plan
(4) A public sector organization that is required to resubmit its energy efficiency plan to the Minister shall continue to revise the plan until it is approved by the Minister.
Implementation of plan
5. Within one year after the energy efficiency plan is approved by the Minister, the public sector organization shall implement the plan.
Regulations
6. (1) The Minister may make regulations,
(a) including organizations as public sector organizations for the purposes of this Act;
(b) exempting public sector organizations from this Act, subject to such conditions or restrictions as may be specified.
Scope of regulations
(2) A regulation may be general or particular in its application.
Classes
(3) A regulation may create different classes and may impose different requirements, conditions or restrictions on or relating to each class.
Commencement
7. This Act comes into force on the day it receives Royal Assent.
Short title
8. The short title of this Act is the Public Sector Energy Efficiency Act, 2003.
EXPLANATORY NOTE
The Bill requires all public sector organizations to prepare and submit energy efficiency plans to the Minister of Energy, after the completion of an energy audit. After the Minister approves the energy efficiency plan, the public sector organization is required to implement it.