S-222
Second Session, Fortieth Parliament,
57 Elizabeth II, 2009
SENATE OF CANADA
BILL S-222
An Act to amend the International Boundary Waters Treaty Act (bulk water removal)
first reading, February 4, 2009
THE HONOURABLE SENATOR MURRAY, P.C.
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SUMMARY
This enactment amends the International Boundary Waters Treaty Act to prohibit the removal, in bulk, of boundary waters from the water basins in which the boundary waters are located. The prohibition applies to all boundary waters as defined in the International Boundary Waters Treaty. The enactment sets out limited exceptions to the prohibition for specified usages, but does not provide regulation-making authority to specify other exceptions to the prohibition.
The enactment also requires that certain regulations proposed to be made under the Act be laid before each House of Parliament, and that those regulations may not be made if a House adopts a motion disapproving the proposed regulations.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57 Elizabeth II, 2009
senate of canada
BILL S-222
An Act to amend the International Boundary Waters Treaty Act (bulk water removal)
R.S., c. I-17
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 10 of the International Boundary Waters Treaty Act is amended by adding the following in alphabetical order:
“removal of boundary waters in bulk”« captage massif d’eaux limitrophes »
“removal of boundary waters in bulk” means the removal of water from boundary waters and taking the water, whether it has been treated or not, outside the water basin in which the boundary waters are located
(a) by any means of diversion, including by pipeline, canal, tunnel, aqueduct or channel, or
(b) by any other means by which more than 50,000 L of boundary waters are taken outside the water basin per day,
but does not include taking a manufactured product that contains water, including water and other beverages in bottles or packages, outside the water basin.
2. Section 13 of the Act is replaced by the following:
Removal of water in bulk prohibited
13. (1) Despite section 11, no person shall use or divert boundary waters by the removal of boundary waters in bulk.
Exceptions
(2) Subsection (1) does not apply to the removal of boundary waters in bulk
(a) for use in a conveyance, including a vessel, aircraft or train,
(i) as ballast,
(ii) for the operation of the conveyance, or
(iii) for people, animals or goods on or in the conveyance; or
(b) for firefighting or humanitarian purposes on a short-term, non-commercial basis.
Deeming
(3) For the purpose of subsection (1) and the application of the treaty, the removal of boundary waters in bulk is deemed, given the cumulative effect of such removals, to affect the natural level or flow of the boundary waters on the other side of the international boundary.
3. (1) Paragraphs 21(1)(a) to (d) of the Act are repealed.
(2) Subsection 21(2) of the Act is replaced by the following:
Regulations
(2) Subject to subsections (3) to (5), the Governor in Council may, on the recommendation of the Minister, make regulations
(a) specifying what constitutes a use, obstruction, diversion or work for the purposes of this Act;
(b) defining, for the purposes of this Act, any word or expression used in sections 11 to 26 that is not defined in this Act; and
(c) specifying exceptions to the application of subsections 11(1) and 12(1).
Tabling and referral of proposed regulation
(3) Before a regulation is made under subsection (2), the proposed regulation shall be tabled in each House of Parliament and may be referred to an appropriate committee of that House.
Disapproval by committee
(4) A committee to which a proposed regulation is referred may, within 30 sitting days after the proposed regulation is tabled, report to the House that it disapproves the proposed regulation, in which case a motion to concur in the report shall be put to the House in accordance with its procedures.
Making of regulation
(5) The proposed regulation may be made if no report disapproving the proposed order is presented in accordance with subsection (4) or if, in respect of each such report that is presented, the motion to concur in the report is negatived.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
International Boundary Waters Treaty Act
Clause 1: New.
Clause 2: Existing text of section 13:
13. (1) Despite section 11, no person shall use or divert boundary waters by removing water from the boundary waters and taking it outside the water basin in which the boundary waters are located.
(2) For the purpose of subsection (1) and the application of the treaty, removing water from boundary waters and taking it outside the water basin in which the boundary waters are located is deemed, given the cumulative effect of removals of boundary waters outside their water basins, to affect the natural level or flow of the boundary waters on the other side of the international boundary.
(3) Subsection (1) applies only in respect of the water basins described in the regulations.
(4) Subsection (1) does not apply in respect of the exceptions specified in the regulations.
Clause 3: (1) Relevant portions of subsection 21(1):
21. (1) The Governor in Council may, on the recommendation of the Minister, make regulations
(a) specifying what constitutes a use, obstruction, diversion or work for the purposes of this Act;
(b) defining, for the purposes of this Act, any word or expression used in sections 11 to 26 that is not defined in this Act;
(c) describing the water basins to which section 13 applies;
(d) specifying exceptions to the application of subsections 11(1), 12(1) and 13(1);
. . . 
(2) Existing text of subsection 21(2):
(2) For greater certainty, regulations made under paragraph (1)(a) do not restrict the ordinary meaning of the words “use”, “obstruction”, “diversion” or “work”.