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FederalDid not become law (session ended)40th Parliament, 2nd Session

Bill S-212 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

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 2nd Session
Bill number
Bill S-212
Full title
An Act to amend the Canadian Environmental Protection Act, 1999
Current status
Did not become law (session ended)
Latest event
At consideration in committee in the Senate
Last updated
Oct 29, 2009

Official Parliament of Canada snapshot for 40th Parliament, 2nd 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
At consideration in committee in the Senate
Latest Activity
Oct 29, 2009
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

This bill amends the Canadian Environmental Protection Act, 1999, to remove the requirement for significant environmental harm to be proven to initiate an environmental protection action, and to allow for fine splitting and cost recovery in private prosecutions.

What It Means

This bill proposes changes to the Canadian Environmental Protection Act, 1999. It aims to make it easier for individuals to bring legal action related to environmental offences. Currently, to start a legal action, an individual must prove that the alleged offence caused significant harm to the environment. This bill seeks to remove that requirement. Additionally, it introduces provisions for how fines collected in private prosecutions (where an individual, not the government, lays the charge) are split between the prosecutor and the government, and allows for the recovery of costs in such cases. The bill also makes changes to how existing court orders related to environmental offences can be varied.

What This Bill Does
  • Removes the requirement for an individual to prove significant environmental harm to start an environmental protection action.
  • Introduces provisions for splitting fines collected in private prosecutions between the prosecutor and the government.
  • Allows for the recovery of costs in private prosecutions for environmental offences.
  • Modifies how court orders related to environmental offences can be changed.
Who Is Affected
  • Individuals seeking to initiate environmental protection actions.
  • Individuals or entities accused of environmental offences.
  • Private prosecutors in environmental offence cases.
  • The Minister of the Environment.
  • Provincial governments (in relation to fine distribution).
  • Courts dealing with environmental protection actions and private prosecutions.
  • The Governor in Council (for making regulations).
Rights, Duties, Or Obligations
  • Individuals bringing an environmental protection action will no longer need to prove significant environmental harm.
  • Private prosecutors may receive a portion of collected fines.
  • Offenders may be directed to compensate private prosecutors for costs incurred.
  • Courts can vary existing orders related to offenders.
Important Dates
  • The bill comes into force on a date to be fixed by order of the Governor in Council.
  • Existing environmental protection actions and private prosecutions that are in progress before the bill comes into force will continue under the old rules (Sections 7 and 8).
Financial Or Tax Impacts
  • Fines collected in private prosecutions will be split, with one half going to the private prosecutor and one half to the Minister or a provincial government.
  • Provisions are made for the recovery of costs incurred in private prosecutions.
Enforcement Or Penalties
  • The bill allows for the recovery of costs and the splitting of fines in private prosecutions for environmental offences.
  • It also amends provisions related to court orders and sanctions for environmental offences.
Uncertainties Or Limits
  • The exact timing of when the new provisions come into effect is not specified in the provided text, as it is subject to a future order by the Governor in Council.
  • The specific details of how fine proceeds will be distributed, beyond the initial split in private prosecutions, may be further defined by regulations made by the Governor in Council.
  • The text does not specify what constitutes 'significant harm to the environment', but the bill removes the requirement to prove it for initiating an action.
Laws Or Regulations Affected
Canadian Environmental Protection Act, 1999
amends

Changes to the process for initiating environmental protection actions, the distribution of fines in private prosecutions, and the variation of court orders.

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 text

Parliamentary Process

Step 1
First reading
Jan 27, 2009
Completed

Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999, completed its first reading in the Senate on January 27, 2009.

Introduction and first reading, Jan 27, 2009
End of stage activity, Jan 27, 2009
Chamber sittings
Introduction and first reading - Jan 27, 2009

On January 27, 2009, Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999, was introduced and received its first reading in the Senate, as part of a larger sitting that included tributes, statements, other bill introductions, and debate on the Speech from the Throne.

Step 2
Second reading
Oct 29, 2009
Completed

Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999, completed its second reading in the Senate and was referred to committee.

Second reading, Oct 29, 2009
Referral to committee, Oct 29, 2009
End of stage activity, Oct 29, 2009
Chamber sittings
Debate at second reading - Mar 10, 2009

During a Senate sitting on March 10, 2009, Senators observed a moment of silence, heard statements on various issues, dealt with routine proceedings including bill readings, held a question period, and continued debate on several items, ultimately adjourning the second reading debate for Bill S-212.

Debate at second reading - Mar 26, 2009

The Senate continued the second reading debate on Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999, focusing on improving public participation in enforcement due to current ineffectiveness, with the debate being adjourned.

In a Senate debate on Bill S-212, Senator Tommy Banks explained that the bill seeks to improve public participation in enforcing environmental protection laws by addressing cost and information barriers.

Debate at second reading - May 27, 2009

The Senate held a sitting on May 27, 2009, primarily to pay tribute to retiring Senator J. Trevor Eyton, with other proceedings including routine matters, question period discussions on economic and social issues, and the continuation of debate on several bills, including Bill S-212 concerning the Canadian Environmental Protection Act.

Debate at second reading - Oct 6, 2009

On October 6, 2009, the Senate debated various bills including Bill S-212 concerning the Canadian Environmental Protection Act, engaged in Question Period, and addressed a question of privilege regarding alleged interference in committee proceedings.

Debate at second reading - Oct 29, 2009

The Senate debated and advanced Bill S-212, An Act to amend the Canadian Environmental Protection Act, 1999, to the committee stage, with some senators raising specific concerns about its proposed amendments.

During the second reading debate of Bill S-212, a Senator raised concerns about proposed amendments related to private prosecutions, court costs, and limitation periods, leading to the bill's referral to committee.

Step 3
Consideration in committee
Nov 19, 2009
Not completed

Bill S-212 concerning amendments to the Canadian Environmental Protection Act, 1999, was referred to a Senate committee and had meetings for consideration on November 17 and 19, 2009, but this stage was not completed.

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.

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
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
Tommy Banks
Senator | Details not listed in current Senate roster
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