Bill S-211 explained in plain English
An Act to amend the Canadian Environmental Protection Act, 1999
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
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.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-211 amends the Canadian Environmental Protection Act, 1999, to facilitate private environmental protection actions and allow for cost recovery in these cases.
This bill proposes changes to the Canadian Environmental Protection Act, 1999. It aims to make it easier for individuals to start legal actions related to environmental protection by removing the requirement to prove significant harm to the environment. It also introduces provisions for splitting fines in private prosecutions and allows for the recovery of costs in such cases. The bill also allows courts to order offenders to compensate private prosecutors for costs incurred.
- Removes the requirement for an individual to prove that an alleged offence under the Canadian Environmental Protection Act, 1999 has caused significant harm to the environment in order to start an environmental protection action. (Sections 1 and Explanatory Notes)
- Changes the burden of proof in environmental protection actions to focus on proving the offence, rather than both the offence and the resulting harm. (Section 2)
- Allows for the distribution of fines collected in private prosecutions, with one half going to the private prosecutor and the other half to the Minister or a provincial government, if they covered the costs. (Section 4)
- Enables courts to order an offender to compensate a private prosecutor for costs and expenses incurred in a private prosecution. (Section 5)
- Allows courts to vary existing orders or directions related to offenders, including applications made by private prosecutors. (Section 6)
- Ensures that certain changes related to environmental protection actions and private prosecutions continue to apply to actions that are already in progress when the bill comes into force. (Sections 7 and 8)
- Individuals seeking to initiate environmental protection actions.
- Individuals or entities alleged to have committed offences under the Canadian Environmental Protection Act, 1999.
- Private prosecutors involved in environmental protection cases.
- The Minister of the Environment.
- Provincial governments that cover costs for private prosecutions.
- Individuals have the right to bring an environmental protection action without proving significant harm. (Section 1)
- Courts may order offenders to compensate private prosecutors for incurred costs. (Section 5)
- Fines from private prosecutions are to be split between the private prosecutor and the Crown or a provincial government. (Section 4)
- The bill was first read on November 20, 2008.
- Transitional provisions ensure that ongoing actions are managed under the law as it existed before the bill's commencement or under the new provisions, as applicable. (Sections 7 and 8)
- Allows for the recovery of costs for private prosecutors in environmental protection actions.
- Provides for the distribution of fines collected in private prosecutions.
- Introduces provisions for the apportionment of fines in private prosecutions.
- Enables courts to order offenders to compensate private prosecutors for costs.
- The bill does not specify the exact criteria or process for determining the amount of costs that can be recovered by private prosecutors.
- The bill's transitional provisions determine how ongoing actions are handled, but the specific application may depend on the timing of events.
- The exact amount of fines or monetary awards that can be allocated is subject to court directions and other legal provisions.
- The bill relies on the Governor in Council to make regulations for the distribution of fine proceeds in certain circumstances.
Modifies provisions related to environmental protection actions, burden of proof, and the distribution of fines in private prosecutions.
Source: Sections 1, 2, 3, 4, 5, 6
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 textParliamentary Process
Bill S-211, an Act to amend the Canadian Environmental Protection Act, 1999, completed its first reading in the Senate on November 20, 2008, and is currently at the second reading stage.
Bill S-211 was introduced and received its first reading in the Senate on November 20, 2008. This is a procedural step where a bill is formally presented to the Senate. The bill aims to amend the Canadian Environmental Protection Act, 1999. It is now at the second reading stage in the Senate.
Bill S-211 was introduced in the Senate for the first time on November 20, 2008.
On November 20, 2008, the Senate proceeded with its first reading of Bill S-211, an Act to amend the Canadian Environmental Protection Act, 1999. This marks the initial introduction of the bill into the Senate. The sitting also included other routine proceedings, such as the introduction of several other bills and various notices of motion. The Senate also observed a moment of silence for fallen soldiers and heard welcoming remarks.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
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
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
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