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Briefing Note on A Climate Change Law For BC - The Environmental ...

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the Securities Commissi<strong>on</strong> are excepti<strong>on</strong>s to this pattern, but they are somewhat<br />

anomalous. It was felt that the sometimes <strong>on</strong>erous regulati<strong>on</strong>s needed to address climate<br />

change (regulati<strong>on</strong>s that could create winners and losers) would require more public<br />

legitimacy than mere Board-generated regulati<strong>on</strong>s might possess. Without such<br />

legitimacy, they might fail.<br />

<strong>The</strong>refore, the Act incorporates an approach inspired by the federal Species At Risk Act,<br />

where government is not bound to implement the recommendati<strong>on</strong>s of an independent<br />

board, but must at least give public reas<strong>on</strong>s if it decides to not implement the<br />

recommendati<strong>on</strong>s. <strong>The</strong> proposed Act strengthens this model, requiring not just reas<strong>on</strong>s<br />

but the implementati<strong>on</strong> of an alternative plan. Further, it invokes the powers of the<br />

Auditor General and citizen suit provisi<strong>on</strong>s to encourage compliance with the statutory<br />

purpose.

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