Whereas measuring and reducing carbon pollution is critical to addressing the climate emergency: And whereas the courts are currently bound by the Plastic Bag Decision which would likely require ministerial approval of environmental bylaws and limit authority under the other heads of power; Therefore be it resolved that UBCM request that the Province enact legislation to enable local governments to require GHG emission reduction or elimination, including the sale or installation of fossil fuel heating systems and sale of fossil fuel vehicles, and require upgrades to or removal of fossil fuel heating systems.
Ministry of Environment and Climate Change Strategy Ministry of Environment and Climate Change Strategy ENV is not considering enacting legislation requested by Resolution NR38 and will continue to implement CleanBC policies including working with local governments on their climate action plans were appropriate. The Climate Change Accountability Act CCAA requires government to set an interim target and sectoral targets to help keep our CleanBC plan on track. The Province has recently announced a new interim emissions target of 16 below 2007 levels by 2025. BC established sectoral emission reduction targets in March, 2021 and notified UBCM at that time. CleanBC and The Climate Change Accountability Act do not call for the explicit elimination of fossil fuel heating systems or the sale of fossil fuels, but instead provide incentives, carbon pricing and legislation e.g. Zero-Emission Vehicle Act to make progress on CleanBC targets. The Province works in collaboration with UBCM and their climate plans. BC has also worked with UBCMs Special Committee on Climate Action and the subsequent recommendations that align with CleanBC. The request for legislation in Resolution NR38 directed to ENV is the responsibility of the Ministry of Municipal Affairs MUNI as they are responsible for local government legislation. MUNI responded to UBCM resolution NR2 Amend Section 86 of the Community Charter to Include Prohibit in Relation to Business. As the GHG reduction legislation resolution NR38 relates to local government authority over business operations ENV provides the following text from MUNIs response to NR2. The Province recognizes that the current provision in the Community Charter with respect to businesses limits municipalities authority to regulate and does not include the bare authority to prohibit. When the Community Charter was drafted, the Province needed to consider all interests that would be affected by the legislation, including the potentially significant impact on the business community and economic activity of broad authority to affect the fundamental nature of a business e.g. prohibit a particular type of businessbusiness activity. Local government legislation does provide municipalities various powers that can significantly affect business activities. Within the authority to regulate businesses under the Community Charter, a municipality may establish limitations and restrictions, including rules respecting what must or must not be done. Additionally, the Community Charter authorizes requiring a business license for businesses to operate and municipalities may prohibit any business activity until a license has been granted and establish terms and conditions. As well, municipal zoning authority under the Local Government Act includes the power to prohibit any land use or uses in a zone. Municipal authority under the Community Charter also includes the power to regulate, prohibit and impose requirements in relation to the protection of the natural environment, subject to provincial involvement through concurrent authority. The precise scope of legislative authority in a particular circumstance is ultimately determined by the courts. Any legislative change to the Community Charter in regard to business would need to understand and consider the full range of implications and interests affected by such a change, including court decisions, climate change considerations, impacts on economic prosperity, and business practices across BC. It would need to consider how such a change would affect the provincial role in regulating matters such as consumer protection and the protection of the natural environment. It would also require consultations with a broad range of interests in addition to local governments, including a wide range of business representatives, to gather the views of all who would be affected by any such proposed changes.