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
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.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
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.
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.
- 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.
- 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).
- 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.
- 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).
- 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.
- 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.
- 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.
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 textParliamentary Process
Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999, completed its first reading in the Senate on January 27, 2009.
This artifact documents the first reading of Bill S-212 in the Senate on January 27, 2009. This is a procedural step where the bill is formally introduced to the Senate. The bill was later referred to a committee on October 29, 2009, and had its second reading on March 10, 2009. Speeches from Senators Tommy Banks and Daniel Lang are noted for the second reading.
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.
On January 27, 2009, the Senate convened for its first reading of Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999. This artifact is a record of that sitting. The Senate also observed a moment of silence for fallen soldiers, heard statements on the inauguration of President Obama and the 40th anniversary of the Official Languages Act, and discussed the conflict in Gaza and youth justice initiatives. Additionally, several other bills were introduced and read for the first time, various notices of motion were given, and a debate on the Speech from the Throne took place. The artifact does not contain a debate or discussion specifically about Bill S-212 beyond its introduction.
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.
This artifact details the progress of Bill S-212 through the Senate. The bill, which aims to amend the Canadian Environmental Protection Act, 1999, completed its second reading stage on March 10, 2009. Following this, it was referred to a committee for further consideration on October 29, 2009. The artifact also lists the dates of major speeches given during the second reading and subsequent committee meetings.
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.
On March 10, 2009, the Senate convened and engaged in various procedural activities. The sitting began with a silent tribute to Trooper Marc Diab. Senators then proceeded with Routine Proceedings, including the presentation of committee reports and the first reading of several bills. The Question Period addressed topics such as disenfranchised Canadian citizens, pay equity, violence against Aboriginal women, and social responsibility overseas. Under Orders of the Day, the Senate continued debate on the Speech from the Throne, adjourned debate on several bills, and passed a report concerning Supplementary Estimates (C). Notably, the second reading debate for Bill S-212, An Act to amend the Canadian Environmental Protection Act, 1999, was adjourned.
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.
On March 26, 2009, the Senate continued its debate on Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999. The debate focused on the act's review process and the effectiveness of public participation in enforcing the act. The current provisions, intended to encourage public involvement, have been found to be ineffective due to high costs, the burden of proof, and lack of access to information. The proposed amendments aim to address these issues to improve environmental protection. The debate was adjourned to allow further discussion.
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.
This artifact is a record of a debate in the Senate on March 26, 2009, concerning Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999. Senator Tommy Banks spoke about the bill, explaining that it aims to implement two recommendations from a previous committee review of the Act. These recommendations are intended to make it easier for the public to participate in enforcing the Act by reducing costs, lessening the burden of proof, and improving access to information. The debate was adjourned to allow other senators to speak.
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.
This record details a sitting of the Senate on May 27, 2009. The majority of the sitting was dedicated to tributes honouring Senator J. Trevor Eyton, who was retiring after nearly 19 years of service. Senators from all parties spoke about his extensive career in law, business, and public service, highlighting his contributions to various committees and organizations. The sitting also included routine proceedings such as tabling committee reports and introducing bills. In addition, there was a question period where senators discussed the federal deficit, funding for science and technology, the lobster fishery, and government support for linguistic duality. Several bills were also brought forward for debate, including amendments to the Royal Canadian Mounted Police Superannuation Act, the Criminal Code, and an Environmental Enforcement Bill. Notably, Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999, was continued for debate at second reading.
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.
This document is a record of a Senate sitting on October 6, 2009. It details various proceedings, including Senators' Statements on topics like the Emancipation Act and the Nobel Prize, Routine Proceedings involving the tabling of reports and first readings of bills, and Question Period where senators asked questions on diverse topics. The bulk of the record details the debate on several bills at their Second Reading stage, including Bill S-212, An Act to amend the Canadian Environmental Protection Act, 1999. The sitting also included debates on motions and a significant discussion regarding a question of privilege raised by Senator Joan Fraser concerning alleged interference in a Senate committee's work.
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.
On October 29, 2009, the Senate proceeded to the second reading of Bill S-212, An Act to amend the Canadian Environmental Protection Act, 1999. During the debate, Senator Hector Daniel Lang expressed concerns regarding the bill's proposed amendments, particularly concerning fine-splitting, court cost recovery, and the limitation period for private prosecutions. Despite these concerns, the bill was read a second time and referred to the Standing Senate Committee on Energy, the Environment and Natural Resources for further study. The sitting also included tributes to the late Honourable Stanley Haidasz, discussions on various other matters, and other procedural business.
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.
This record details a debate in the Senate on October 29, 2009, concerning Bill S-212, an Act to amend the Canadian Environmental Protection Act, 1999. During the second reading debate, Senator Hector Daniel Lang expressed concerns about several proposed amendments. These included a fine-splitting scheme that could allow private prosecutors to profit, a court cost recovery scheme that might favour private prosecutors over defendants, and a proposed amendment to the limitation period that conflicts with the government's Environmental Enforcement Act. Senator Lang indicated that the government did not support the bill in its current form due to these issues, but agreed to move it to committee for further discussion. The bill was subsequently read a second time and referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
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.
This record shows the procedural steps for Bill S-212 in the Senate. The bill was referred to a committee on October 29, 2009, and the committee met on November 17 and November 19, 2009, for consideration. The stage of 'Senate Consideration in committee' was not completed as of November 19, 2009. The record also lists dates for first and second readings, and major speeches made during the second reading stage.
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.
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