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Bill C-392

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First Session, Forty-second Parliament,
64-65-66 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-392
An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law)
FIRST READING, February 1, 2018
Ms. Pauzé
421476


SUMMARY
This enactment amends certain acts to subordinate the exercise of certain powers to the applicable provincial laws concerning land use and development and environmental protection.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-392
An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. A-2

Aeronautics Act

1Section 4.‍9 of the Aeronautics Act is renumbered as subsection 4.‍9(1) and is amended by adding the following:
Application of provincial law — aerodrome
(2)Despite any regulation made under subsection (1), an aerodrome may operate in a province only if its operation complies with that province’s laws concerning land use and development and environmental protection.
R.‍S.‍, c. F-24

Fishing and Recreational Harbours Act

2Section 9 of the Fishing and Recreational Harbours Act is renumbered as subsection 9(1) and is amended by adding the following:
Application of provincial law — projects
(2)Despite any regulation made under subsection (1), no project shall be undertaken in a province under subsection 5(1) unless it complies with that province’s laws concerning land use and development and environment­al protection.
R.‍S.‍, c. N-4

National Capital Act

3Section 10 of the National Capital Act is amended by adding the following after subsection (2):
Application of provincial law
(3)In the exercise of its powers under subsection (2), the Commission shall not establish development, conservation or improvement plans for the National Capital Region unless the Commission is of the opinion that those plans comply with the laws of Ontario and Quebec concerning land use and development and environmental protection.
R.‍S.‍, c. N-7

National Energy Board Act

4Section 52 of the National Energy Board Act is amended by adding the following after subsection (2):
Application of provincial law
(2.‍1)The Board shall not recommend that the Minister issue a certificate in respect of a pipeline unless the Board is satisfied that the laws concerning land use and development and environmental protection of any province through which the pipeline is to pass are respected.
R.‍S.‍, c. R-2

Radiocommunication Act

5(1)The portion of subsection 5(1) of the Radiocommunication Act before paragraph (a) is replaced by the following:
Minister’s powers
5(1)Subject to subsection (1.‍6) and any regulations made under section 6, the Minister may, taking into account all matters that the Minister considers relevant for ensuring the orderly establishment or modification of radio stations and the orderly development and efficient operation of radiocommunication in Canada,
(2)Section 5 of the Act is amended by adding the following after subsection (1.‍5):
Application of provincial law
(1.‍6)In exercising the power conferred under paragraph (1)‍(f), the Minister shall not approve the site on which radio apparatus may be located or the erection of masts, towers or other antenna-supporting structures unless the Minister is satisfied that the laws concerning land use and development and environmental protection of the province in which the site or the construction is located are respected.
1991, c. 50; 2001, c. 4, s. 10

Federal Real Property and Federal Immovables Act

6Section 18 of the Federal Real Property and Federal Immovables Act is amended by adding the following after subsection (6):
Application of provincial law
(7)A Minister or corporation shall use any federal immovable or federal real property under their administration in a manner that complies with the laws concerning land use and development and environmental protection of the province in which the property is situated.
1998, c. 10

Canada Marine Act

7Section 28 of the Canada Marine Act is amended by adding the following after subsection (4):
Application of provincial law
(4.‍1)The port authority shall exercise the powers and engage in the activities set out in its letters patent in compliance with the laws concerning land use and de­velopment and environmental protection of the province in which the port that it operates is situated.
2017, c. 20, s. 403

Canada Infrastructure Bank Act

8Section 7 of the Canada Infrastructure Bank Act is amended by adding the following after subsection (2):
Application of provincial law
(3)The Bank must not undertake any of the functions referred to in subsection (1) with respect to infrastructure projects unless the Bank is satisfied that those projects comply with the laws concerning land use and development and environmental protection of the provinces involved.
Published under authority of the Speaker of the House of Commons

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