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FederalDid not become law (session ended)40th Parliament, 1st Session

Bill C-228 explained in plain English

An Act respecting the preservation of Canada’s water resources

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 1st Session
Bill number
Bill C-228
Full title
An Act respecting the preservation of Canada’s water resources
Current status
Did not become law (session ended)
Latest event
Outside the Order of Precedence
Last updated
Nov 25, 2008

Official Parliament of Canada snapshot for 40th Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
Outside the Order of Precedence
Latest Activity
Nov 25, 2008
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill C-228, the Canada Water Preservation Act, aims to prevent the bulk removal of water from major Canadian drainage basins, with exceptions and regulations to be established.

What It Means

This bill proposes to prohibit the large-scale removal of water from major drainage basins across Canada. It defines 'removal of water in bulk' and outlines exceptions, the process for creating regulations, and penalties for violations. The bill also includes provisions for injunctions and ensures it does not affect existing Aboriginal or treaty rights, or boundary waters.

What This Bill Does
  • Prohibits the removal of water in bulk from major drainage basins in Canada.
  • Defines key terms such as 'major drainage basin', 'Minister', and 'removal of water in bulk'.
  • Establishes conditions under which the prohibition on bulk water removal does not apply.
  • Allows for exemptions to the prohibition through agreements with provinces, specific pre-existing undertakings, use as ballast, inclusion in manufactured products, or short-term humanitarian or safety uses.
  • Requires the Governor in Council, on the recommendation of the Minister of the Environment, to make regulations to define 'major drainage basin', govern water use, diversion, and bulk removal, and specify exceptions.
  • Sets out a process for the proposed regulations to be laid before Parliament for review by committees before they can be made, with exceptions for immediate environmental protection or immaterial changes.
  • Specifies penalties for contravening the prohibition on bulk water removal, including fines and imprisonment.
  • Provides for court injunctions to prevent or stop violations of the Act.
  • States that the Act does not affect Aboriginal or treaty rights recognized in the Constitution Act, 1982.
  • States that the Act does not apply to boundary waters as defined by the International Boundary Waters Treaty Act.
Who Is Affected
  • Persons and entities involved in the removal of water in bulk from major drainage basins in Canada.
  • The Minister of the Environment.
  • Provincial governments.
  • Aboriginal peoples of Canada.
  • The Governor in Council.
Rights, Duties, Or Obligations
  • Prohibition on removing water in bulk from major drainage basins (Section 7).
  • Right to have existing Aboriginal and treaty rights protected (Section 5).
  • Obligation for the Minister to propose regulations for the purposes of the Act (Section 10).
  • Obligation for the Minister to lay proposed regulations before Parliament (Section 11).
  • Obligation to provide notice before an injunction is issued, unless urgency dictates otherwise (Section 14).
Important Dates
  • Undertakings commenced before January 1, 2009, are subject to specific exceptions regarding the amount of water removed (Section 9(a)).
  • Regulations made under subsection 10(1) must be brought into force within nine months after the Act comes into force (Section 10(2)).
  • Proposed regulations must be laid before Parliament, and a regulation cannot be made before the earliest of 30 sitting days, 160 calendar days, or the day after committees report (Section 11(3)).
Financial Or Tax Impacts
  • Fines for contravening section 7 can be up to $1,000,000 on indictment or $300,000 on summary conviction (Section 13(1)).
Enforcement Or Penalties
  • Contravention of the prohibition on bulk water removal is an offence punishable by fines and/or imprisonment (Section 13(1)).
  • Continuing contraventions are treated as separate offences for each day (Section 13(2)).
  • The Minister can apply for a court injunction to prevent or stop offences (Section 14(1)).
Uncertainties Or Limits
  • The definition of 'major drainage basin' will be determined by regulations, which are not yet in place (Section 3).
  • The specific scope of exceptions provided for in sections 8 and 9, and any other exceptions, will be defined by regulations (Section 10(1)(c)).
  • The bill does not specify what constitutes 'water in bulk' beyond the daily limit of 50,000 litres or diversion via certain infrastructure (Section 3).
  • The bill does not define 'undertaking' for the purpose of the exception related to activities commenced before January 1, 2009 (Section 9(a)).
  • The bill does not specify which committee of each House of Parliament is the 'appropriate committee' to review proposed regulations (Section 11(2)).
  • The bill does not detail the process or criteria for determining when a situation is too urgent to provide the 48-hour notice for an injunction (Section 14(2)).
Laws Or Regulations Affected
Canada Water Preservation Act
enactment

This is the new Act being created by the bill, which will establish the prohibition and framework for preserving Canada's water resources.

Regulations under the Canada Water Preservation Act
creation

The bill mandates the creation of regulations to define 'major drainage basin', govern water use, and specify exceptions to the bulk removal prohibition.

International Boundary Waters Treaty Act
non-application

The bill explicitly states that it does not apply to boundary waters as defined by this Act.

Constitution Act, 1982
clarification

The bill clarifies that it does not abrogate or derogate from Aboriginal or treaty rights protected by Section 35 of this Act.

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Nov 25, 2008
Completed

Bill C-228, An Act respecting the preservation of Canada’s water resources, completed its first reading in the House of Commons on November 25, 2008, and is currently outside the Order of Precedence.

Introduction and first reading, Nov 25, 2008
End of stage activity, Nov 25, 2008
Chamber sittings
Introduction and first reading - Nov 25, 2008

During a House of Commons sitting on November 25, 2008, Bill C-228, concerning the preservation of Canada's water resources, was introduced and received first reading.

Step 2
Second reading
Date not listed
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Francis Scarpaleggia
Liberal | Lac-Saint-Louis
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced