~YOF · CITY CLERK'S DEPARTMENT VANCOUVER - Access to Information & Privacy File No.: 04-1000-20-2019-480 January 21, 2020 Dear s.22Tl Re: Request for Access to Records under the Freedom of Information and Protection of Privacy Act (the "Act") ·I am responding to your request of July 25, 2019 for: Records rel~ted to climate liability, climate lawsuits, climate litigation, and climate accountability that the Council recently discussed and passed a motion on, including any information available where City staff or Council mentions or discusses these issues, or Councillor Christine Boyle· and Councillor Jean Swanson's, 'Accountability for Climate Change' motion, with each other or outside campaigners promoting the issues: 1. All types of correspondence (i.e. letters, emails, fax) sent or received by one or more of the addresses· [see City staff list below], whether to, from, cc: or bee: that include both i) "climate lawsuit, climate liability, climate litigation, climate accountability, class action climate lawsuits, recovering climate costs, fossil fuels" (in an·y usage), and ii) any pne of the following: "WCEL", "West Coast Environmental Law", "The Vancouver Foundation", "Pembina Institute", "Centre For Law and the Environment: Allard School of Law, UBC", and "Dan Fumano, Sun Reporter". 2. Entire thread(s) of all incoming and outgoing emails that were sent or . received by one or more of the addresses [see City staff list below], whether to, from, cc: or bee: ·and which contain any email address that includes; @wcel.org, @myseatosky.org, @georgiastrait.org, or WCEL, West Coast Environmental Law, Georgia Strait Alliance, Anna Barford, My Sea to Sky, Andrew Gage, Anjali Appadurai, Gordon Cornwall, Claudia Cornwall, Jessica Clogg, Lisa Matthaus, Tracy Saxby, The Vancouver Foundation, the Pembina Institute, Stepan Wood, Centre For Law and the Environment: Allard School of Law USC, Dustin Klaudt, Jesse Firempong, Priyanka Vittal, Greenpeace Vancouver, Greenpeace Canada, and · Vancouver Sun Reporter Dan Fumano. 3. Cale'ndar, minutes, notes and/or phone logs for [see City staff list below] that include any of the following: WCEL, West Coast Environmental Law, Andrew Gage, Lisa Matthaus, Jessica Clogg, Anjali Appadurai, Gordon Cornwall, Claudia Cornwall, the Vancouver Foundation, the Pembina Institute, Tracy Saxby, My Sea to Sky, Georgia Strait Alliance, Anna City Hall 453 West 12th Avenue Vancouver BC VSY 1v4· vancouver.ca City Clerk's Department tel: 604.829.2002 fax: 604.873.74.19 Barford, Dustin Klaudt , Stepan Wood, Centre For Law and the Environment: Allard School of Law, UBC, Jesse Firempong, Priyanka Vittal, Greenpeace Vancouver, Greenpeace Canada, Dan Fumano. 4. Any memorandum of understanding (MoU), agreement, and/or contract signed by sent to or from [see City staff list below] which mention any of the following: West Coast Environmental Law, WCEL, Andrew Gage, Lisa Matthaus, Jessica Clogg, The Vancouver Foundation, Pembina Institute, My Sea to Sky, Tracy Saxby, Georgia· Strait Alliance, Anna Barford, Christianne Wilhelmson, Stepan Wood , Centre For Law and the Environment: Allard School of Law UBC, Jesse Firempong, Priyanka Vittal, Greenpeace Vancouver, Greenpeace Canada. Relevant City of Vancouver Staff: Mayor Kennedy Stewart [email protected] Anita Zaenker [email protected] Neil Monckton [email protected] Alvin Singh [email protected] Sadhu Johnston [email protected] Councillor Pete Fry [email protected] Councillor Christine Boyle [email protected] Councillor Adriane Carr [email protected] Councillor Michael Wiebe [email protected] Matt Horne [email protected] Doug Smith [email protected] Gil Kelly [email protected] Paul Mochrie [email protected] Jerry Dobroyolny [email protected] Patrice lmpey [email protected] Rena Kendall-Graden [email protected] Date Range: April 18, 2019 to July 24, 2019. All responsive records are attached. Some information in the records has been severed, (blacked out), under s.13(1), s.14, s.15(1 )(I) and s.22(1) of the Act. You can read or download this section here: http://www.bclaws.ca/EPLibraries/bclaws new/document/lD/freeside/96165 00 Under section 52 of the Act, and within 30 business days of receipt of this letter, you may ask the Information & Privacy Commissioner to review any matter related to the City's response to your FOi request by writing to: Office of the Information & Privacy Commissioner, [email protected] or by phoning 250-387-5629. If you request a review, please provide the Commissioner's office with: 1) the request number (#04-1000-20-2019-480); 2) a copy of this letter; 3) a copy of your original request; and 4) detailed reasons why you are seeking the review. Page 2 of 3 Barbara J. Van Fraassen, BA Director, Access to Information & Privacy [email protected] 453 W. 12th Avenue Vancouver BC V5Y 1V4 *If you have any questions, please email us at [email protected] and we will respond to you as soon as possible. Or you can call the FOi Case Manager at 604.871.6584. Encl. :ma Page 3 of 3 From: "Wong, Tamarra" <[email protected]> To: "Stewart, K" <[email protected]> "Councillors - DL" <[email protected]> CC: "Mochrie, Paul" <[email protected]> "Hildebrandt, Tina" <[email protected]> "Hagiwara, Rosemary" <[email protected]> Date: 6/26/2019 9:46:13 PM Subject: Briefing Note for Item 6. Speaker 5. Andrew Gage Attachments: Motion5 _Briefi ngNote. pdf Good Evening, Please see the attached briefing note for Speaker 5 . Andrew Gage on agenda item 6. Accountability for Climate Change. Thank you, Tamarra Wong I Meeting Coordinator Office of the City Clerk I City of Vancouver 604.871.6355 [email protected] From: Andrew Gage [mailto:[email protected]] Sent: Monday, June 24, 2019 11:16 PM To:SpeakerRequest Subject: Materials in support of presentation Hello, I am scheduled to present on June 26th to Council on Motion BS. I would like to have the attached briefing note available to Council. Thank you, Andrew Gage Andrew Gage, Staff Lawyer West Coast Environmental Law Tel. 250-412-9784 City of Vancouver - FOi 2019-480 . Page 1 of 199 Briefing Note: Motion B5 – Climate Change Accountability On June 25th, 2019, Vancouver’s Mayor and Council will consider Motion B5, Climate Change Accountability, on holding global fossil fuel companies responsible for a share of Vancouver’s climate costs. This brief answers questions about this motion. Why does it matter to Vancouver? As a coastal city, Vancouver is preparing for a 1-metre sea level rise by 2100.1 In addition to the millions of dollars already spent or allocated to investigate and plan for rising sea levels, Vancouver expects to spend $1 billion over the next 81 years (an annual average of 12.3 million per year).2 Vancouver is also spending millions of dollars per year reducing risks through more climate-resilient rainwater management and sewage systems, establishing measures to address heat waves and droughts, making buildings more climate resilient, enhancing the urban forest and other measures. A 2012 Vancouver Sun article pegged the costs of the city’s Climate Adaptation Plan in the tens of millions over a 3 year period.3 These costs will rise dramatically, particularly if GHGs continue to rise. Currently the costs of building climate resilient communities fall to Vancouver’s taxpayer, as do the costs of re- building communities damaged public infrastructure. While Vancouver taxpayers will inevitably pay a significant portion of these costs, a fiscally responsible Council will examine all options to share these some of these costs with companies which have contributed to, and profited from, climate change. Vancouver residents want action. A 2017 poll conducted by Justason Market Intelligence found that 87% of residents strongly support (53%) or somewhat support (34%) fossil fuel companies paying a share of climate costs (above the 82% support province-wide). Why does it matter to our planet? Climate action is generally an uphill battle, focusing on reducing Greenhouse Gas (GHG) emissions where they occur, meaning that every single city, region, province and country needs to dramatically reduce GHG emissions if the problem is to be brought under control. However, existing Canadian law related to international disputes allows BC’s local and provincial governments to demand accountability for climate harm that occurs in BC from corporations that are a significant global source of climate change.4 A 2013 peer-reviewed paper “Tracing anthropogenic carbon dioxide and methane emissions to fossil fuel and cement producers, 1854–2010” estimated the emissions from the operations and products of just 90 entities – primarily fossil fuel companies – at almost 2/3 of human-caused GHGs in the atmosphere today. Just 20 companies are responsible for almost 30%.5 There is a direct link between the GHG emissions from these companies and the harm caused to our communities. Vancouver and other local governments can insist that global fossil fuel companies like Chevron, ExxonMobil 1 Based on guidance from the Province of BC. Note, however, that a recent study recommends that cities prepare for a worst-case scenario of a 2 metre sea-level rise: J. Bamber et al. Ice sheet contributions to future sea-level rise from structured expert judgment. PNAS first published May 20, 2019 https://doi.org/10.1073/pnas.1817205116. 2 City of Vancouver Administrative Report, Sea Level Rise Planning Update, 26 June 2018. 3 http://www.vancouversun.com/technology/ Vancouver+plans+face+climate+change+head/6968006/story html. 4 Gage, A. and Wewerinke, M. Taking Climate Justice into our own Hands. (Vancouver: West Coast Environmental Law, 2015), available at https://www.wcel.org/publication/taking-climate-justice-our-own-hands. 5 Heede, R. "Tracing anthropogenic carbon dioxide and methane emissions to fossil fuel and cement producers, 1854–2010" Climatic Change (2014) 122: 229.