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OntarioDid Not Pass42nd Parliament, 1st Session

Bill 37 explained in plain English

Liability for Climate-Related Harms Act, 2018

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
42nd Parliament, 1st Session
Bill number
Bill 37
Full title
Liability for Climate-Related Harms Act, 2018
Current status
Did Not Pass
Latest event
Lost on division
Last updated
Oct 25, 2018

Official Legislative Assembly of Ontario snapshot for 42nd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Lost on division
Latest Activity
Oct 25, 2018
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

The Liability for Climate-Related Harms Act, 2018, proposes to hold fossil fuel producers strictly liable for climate-related harms in Ontario based on their greenhouse gas emissions.

What It Means

This bill, if passed, would establish the Liability for Climate-Related Harms Act, 2018. It aims to make fossil fuel producers strictly liable for harms in Ontario that are linked to climate change. The bill defines 'climate-related harms' broadly to include economic and physical losses, injury, death, and costs related to adaptation, emergency response, and public education. It sets out rules for determining a producer's responsibility for greenhouse gas emissions and how to prove the link between climate change and specific events. The Act would come into force on the day it receives Royal Assent.

What This Bill Does
  • Enacts the Liability for Climate-Related Harms Act, 2018.
  • Defines "climate change" and "climate-related harms".
  • Establishes strict liability for fossil fuel producers for climate-related harms occurring in Ontario if their greenhouse gas emissions are at a globally detectable level.
  • Specifies how a producer's greenhouse gas emissions are to be determined, including emissions from production and use of fossil fuels.
  • Allows for strict liability to apply to certain future costs related to adaptation and mitigation if they are deemed reasonably required.
  • Provides rules for courts to consider when determining climate-related harms and their costs, including scientific data and historical experience.
  • Sets a standard for proving causation between climate change and specific events, stating that doubling the likelihood of an event is sufficient.
  • Grants the Lieutenant Governor in Council the power to make regulations regarding the determination of greenhouse gas emissions attributable to producers and whether these emissions are globally detectable.
  • Specifies that the Act comes into force on the day it receives Royal Assent.
Who Is Affected
  • Fossil fuel producers
  • Individuals and entities experiencing climate-related harms in Ontario
  • The Province of Ontario (through its government and public infrastructure)
  • Courts in Ontario
Rights, Duties, Or Obligations
  • Fossil fuel producers are subject to strict liability for climate-related harms if their greenhouse gas emissions are at a globally detectable level.
  • The right for those experiencing climate-related harms in Ontario to seek recourse from liable fossil fuel producers.
  • The power of the Lieutenant Governor in Council to make regulations concerning the determination of greenhouse gas emissions.
Important Dates
  • The Act comes into force on the day it receives Royal Assent.
Financial Or Tax Impacts
  • Fossil fuel producers may face financial liability for climate-related harms.
  • The definition of 'climate-related harms' includes various costs such as economic loss, property damage, insurance costs, health costs, monitoring and research expenses, emergency response costs, infrastructure repair, and public education costs.
Enforcement Or Penalties
  • The bill establishes strict liability, meaning a producer can be held responsible for harms regardless of fault, if the conditions (globally detectable greenhouse gas emissions) are met. The specific mechanisms for enforcing this liability and any associated penalties beyond compensation for damages are not detailed in the provided text.
Uncertainties Or Limits
  • The precise methods for determining a producer's greenhouse gas emissions and whether they are at a 'globally detectable level' will be defined by regulations made by the Lieutenant Governor in Council.
  • The bill does not specify the exact process for calculating damages or how the strict liability will be enforced in practice.
  • The determination of 'reasonably required' costs for adaptation and mitigation (clauses 1(f) to (i) of 'climate-related harms') will be subject to court determination.
  • The bill does not contain a list of specific fossil fuel producers that would be subject to the Act.
Laws Or Regulations Affected
Liability for Climate-Related Harms Act, 2018
enacted

This bill would create a new provincial law with the stated purpose of establishing civil liability for harms caused by climate change.

Source: Preamble, Section 1-6

Regulations
created

The Lieutenant Governor in Council is empowered to create regulations to define how a producer's greenhouse gas emissions are determined and whether they are globally detectable.

Source: Section 4

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1
First reading
Oct 1, 2018
Step 2
Second reading
Oct 25, 2018
Step 3
Committee review
Not reached yet
Step 4
Third reading
Not reached yet
Step 5
Royal assent
Not reached yet

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Peter Tabuns
New Democratic Party of Ontario | Toronto—Danforth
Jurisdiction
Ontario Legislature

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced