Bill C-535

2nd Session, 39th Parliament,

56-57 Elizabeth II, 2007-2008

house of commons of canada

BILL C-535

An Act respecting the preservation of Canada's water resources

WHEREAS Canada must protect the integrity of its ecosystems from the harmful impacts of large-scale removals of freshwater from the nation's major drainage basins;

WHEREAS future demand for water in North America and around the world will create added pressures on Canada's freshwater resources;

AND WHEREAS protecting Canadians' common freshwater heritage from the environmental effects of removal of water in bulk requires a consistent approach across political jurisdictions;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as the Canada Water Preservation Act.

2. The purpose of this Act is to foster the sustainable use of Canada’s water resources and, in particular, to prevent the removal of water in bulk from major drainage basins in Canada.

3. The following definitions apply in this Act.

“major drainage basin” means a major drainage basin as defined in the regulations.

“Minister” means the Minister of the Environment.

“removal of water in bulk” means the removal of water, whether it has been treated or not, from the major drainage basin in which the water is located

(a) by any means of diversion that includes a pipeline, canal, tunnel, aqueduct or channel; or

(b) by any other means of diversion by which more than 50,000 litres of water per day is removed from the major drainage basin.

4. This Act is binding on Her Majesty in right of Canada or a province.

5. For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

6. This Act does not apply to boundary waters as defined by the International Boundary Waters Treaty Act.

7. Subject to sections 8 and 9 and the regulations, no person shall remove water in bulk from a major drainage basin to a location outside the basin.

8. (1) Section 7 does not apply in a province in which an order made under subsection (2) is in force.

(2) If the Minister and a province agree in writing that there are laws of that province in force that have an effect that is equivalent to that of section 7, the Governor in Council may, on the recommendation of the Minister, make an order declaring that section 7 does not apply in that province.

9. Section 7 does not apply in respect of the removal of water in bulk from a major drainage basin if

(a) the removal was done as part of an undertaking that was commenced before January 1, 2008 and the amount of water removed from the basin by means of the undertaking in a calendar year does not exceed the greatest amount of water removed from the basin by the undertaking in any calendar year between 1970 and 2008;

(b) the water that was removed is used in a conveyance such as a vessel, aircraft or train as ballast, for the operation of the conveyance or in respect of people, animals or goods on or in the conveyance;

(c) the water that was removed is included in a manufactured product, including water and any other beverage that is placed in bottles or other containers for commercial purposes; or

(d) the water that was removed is used in a non-commercial project on a short-term basis for safety, security, firefighting or humanitarian purposes.

10. (1) The Governor in Council shall, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Act including, in particular, regulations

(a) defining the term “major drainage basin” for the purposes of this Act;

(b) respecting the use, diversion and removal of water in bulk under this Act; and

(c) defining the scope of the exceptions provided for in sections 8 and 9 and providing for any other exceptions that the Minister considers necessary for carrying out the purposes and provisions of this Act.

(2) Any regulations that are made under subsection (1) shall be brought into force within nine months after this Act comes into force.

11. (1) Before a regulation is made under section 10, the Minister shall lay the proposed regulation before each House of Parliament.

(2) A proposed regulation that is laid before Parliament shall be referred to the appropriate committee of each House, as determined by the rules of that House, and the committee may review the proposed regulation and report its findings to the House.

(3) A regulation may not be made before the earliest of

(a) 30 sitting days after the proposed regulation is laid before Parliament;

(b) 160 calendar days after the proposed regulation is laid before Parliament; and

(c) the day after the appropriate committee of each House of Parliament has reported its findings with respect to the proposed regulation.

(4) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall lay before that House a statement of the reasons for not incorporating it.

(5) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.

12. (1) A regulation may be made without being laid before either House of Parliament if the Minister is of the opinion that

(a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 11 should not apply in the circumstances; or

(b) the regulation must be made immediately in order to prevent harm to the environment.

(2) If a regulation is made without being laid before Parliament, the Minister shall lay before each House of Parliament a statement of the Minister's reasons.

13. (1) Every person who contravenes section 7 is guilty of an offence and liable

(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; or

(b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

(2) A contravention of section 7 that is committed or continued on more than one day is deemed to constitute a separate offence for each day on which the contravention is committed or continued.

14. (1) When, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person named in the application

(a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of the offence; or

(b) to do any act or thing that it appears to the court may prevent the commission of the offence.

(2) No injunction shall issue under subsection (1) unless 48 hours' notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.