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FederalDid not become law (session ended)40th Parliament, 3rd Session

Bill S-213 explained in plain English

An Act to amend the International Boundary Waters Treaty Act (bulk water removal)

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, 3rd Session
Bill number
Bill S-213
Full title
An Act to amend the International Boundary Waters Treaty Act (bulk water removal)
Current status
Did not become law (session ended)
Latest event
Bill not proceeded with
Last updated
May 27, 2010

Official Parliament of Canada snapshot for 40th Parliament, 3rd 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
Bill not proceeded with
Latest Activity
May 27, 2010
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 S-213 proposes to prohibit the bulk removal of boundary waters from the water basins where they are located, with limited exceptions for conveyance ballast, conveyance operations, and firefighting or humanitarian purposes.

What It Means

Bill S-213 would amend the International Boundary Waters Treaty Act to create a new prohibition on bulk water removal from boundary waters. The bill defines "removal of boundary waters in bulk" as taking water from boundary waters and moving it outside the water basin either through diversions (pipelines, canals, tunnels, aqueducts, channels) or by any other means that removes more than 50,000 litres per day. The bill would make this activity illegal for all persons, with only a few specific exceptions: (1) water used on vessels, aircraft, or trains for ballast, operation, or for people/animals/goods on board, and (2) water for firefighting or humanitarian purposes on a short-term, non-commercial basis. The bill specifies that removing bulk boundary waters is deemed to affect water levels and flow on the other side of the international border, taking into account the cumulative effect of such removals. The bill also removes the government's power to make regulations creating additional exceptions to bulk water removal, though the government can still make regulations defining terms used in the Act and specifying exceptions only to other provisions (sections 11(1) and 12(1), not section 13(1) on bulk removal). Any proposed regulations must be tabled in Parliament and can be blocked if either House of Parliament votes to disapprove them.

What This Bill Does
  • Defines 'removal of boundary waters in bulk' as taking water from boundary waters and moving it outside the water basin through diversions (pipelines, canals, tunnels, aqueducts, channels) or by other means removing more than 50,000 litres per day
  • Prohibits any person from using or diverting boundary waters through bulk removal
  • Provides limited exceptions to the bulk removal prohibition for water used on vessels, aircraft, or trains (as ballast, for operation, or for people/animals/goods) and for short-term non-commercial firefighting or humanitarian purposes
  • Deems bulk boundary water removal to affect the natural level or flow of boundary waters on the other side of the international boundary, considering the cumulative effect of such removals
  • Removes the government's authority to specify additional exceptions to the bulk removal prohibition through regulations
  • Retains the government's ability to make regulations defining terms used in sections 11 to 26 and specifying exceptions only to subsections 11(1) and 12(1)
  • Requires that proposed regulations under section 21(2) be tabled in each House of Parliament
  • Allows either House of Parliament to block proposed regulations by adopting a motion of disapproval within 30 sitting days
Who Is Affected
  • Any person or entity seeking to remove boundary waters in bulk from their source water basin
  • Water supply utilities or companies that may have been considering large-scale water diversion projects
  • Operators of vessels, aircraft, and trains that use boundary water for ballast or operations (permitted under exceptions)
  • Emergency responders and humanitarian organizations conducting firefighting or emergency water relief operations (permitted under exceptions)
  • The Government of Canada (responsible for enforcing the prohibition and making permitted regulations)
  • The Parliament of Canada (given new power to approve or disapprove proposed regulations)
  • Users and businesses depending on boundary water resources in water basins shared with the United States
Rights, Duties, Or Obligations
  • No person shall remove boundary waters in bulk from the water basin in which they are located, with only two specified exceptions
  • Operators of conveyances (vessels, aircraft, trains) have the right to use boundary water for ballast, conveyance operations, and for people, animals, or goods on board
  • Organizations may remove boundary water in bulk for short-term non-commercial firefighting or humanitarian purposes
  • The Governor in Council may make regulations to define terms and specify exceptions to subsections 11(1) and 12(1), but not to section 13(1) bulk removal prohibition
  • Proposed regulations under section 21(2) must be tabled before each House of Parliament and may be rejected if either House adopts a motion of disapproval
  • Parliament has the power to block proposed regulations by adopting a motion to disapprove within 30 sitting days
Important Dates
  • Bill first read in Senate on March 23, 2010
  • Bill status: Not proceeded with (as of the information provided)
Enforcement Or Penalties
  • The bill text does not specify penalties or enforcement mechanisms for violations of the bulk water removal prohibition
Uncertainties Or Limits
  • The bill text does not specify what penalties or enforcement measures would apply to violations of the bulk water removal prohibition
  • The bill does not detail how 'short-term' is defined for the humanitarian and firefighting exceptions, leaving some ambiguity about the duration of permitted removals
  • The bill does not explain how compliance would be monitored for the 50,000-litre-per-day threshold for non-diversion removal activities
  • The bill's status is listed as 'not proceeded with', meaning it was not enacted and no amendments described actually take effect
  • The bill does not address implementation costs or resource requirements for enforcement
  • The explanatory notes indicate the bill removed sections of the existing Act that allowed regulations describing which water basins section 13 applies to, but the new bill does not specify this—creating potential ambiguity about geographic scope
Laws Or Regulations Affected
International Boundary Waters Treaty Act
amends

The Act is amended to add a new definition of 'removal of boundary waters in bulk', replace section 13 to impose a blanket prohibition on bulk water removal with only specified exceptions, and modify section 21 to remove the government's power to create additional exceptions to the bulk removal prohibition while retaining other regulatory powers and adding parliamentary approval requirements for certain regulations.

Section 10 of the International Boundary Waters Treaty Act
amends

A new definition of 'removal of boundary waters in bulk' is added to section 10, which contains definitions used throughout the Act.

Section 13 of the International Boundary Waters Treaty Act
replaces

Section 13 is completely replaced. The new version prohibits all bulk removal of boundary waters, provides only two specific exceptions (conveyance use and short-term humanitarian/firefighting purposes), and includes a provision deeming bulk removals to affect boundary water levels on the other side of the border.

Section 21(1) paragraphs (a) to (d) of the International Boundary Waters Treaty Act
repeals

Paragraphs 21(1)(a) to (d), which gave the government the power to regulate definitions, describe water basins, and specify exceptions to sections 11(1), 12(1), and 13(1), are removed from the Act.

Section 21(2) of the International Boundary Waters Treaty Act
replaces

Section 21(2) is replaced to allow the Governor in Council to make regulations only for specifying definitions, defining terms in sections 11 to 26, and specifying exceptions to subsections 11(1) and 12(1)—but notably NOT to section 13(1) which covers bulk water removal, preventing regulations that would create exceptions to the bulk removal prohibition.

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
Mar 23, 2010
Completed

Bill S-213, an act to amend the International Boundary Waters Treaty Act regarding bulk water removal, was introduced in the Senate but was withdrawn before further progression.

Introduction and first reading, Mar 23, 2010
End of stage activity, Mar 23, 2010
Chamber sittings
Introduction and first reading - Mar 23, 2010

On March 23, 2010, the Senate proceeded with tributes, routine proceedings including the first reading of Bill S-213 concerning bulk water removal, and other committee and debate matters before adjourning.

Step 2
Second reading
May 27, 2010
Not completed

Bill S-213, aiming to amend the International Boundary Waters Treaty Act concerning bulk water removal, was withdrawn from the Senate's agenda on May 27, 2010, at the second reading stage.

Chamber sittings
Debate at second reading - Apr 27, 2010

During a Senate sitting on April 27, 2010, Bill S-213, concerning the amendment of the International Boundary Waters Treaty Act regarding bulk water removal, was brought up for second reading, but the debate was adjourned and the bill was not proceeded with.

Senator Lowell Murray moved the second reading of Bill S-213 to keep it on the Senate's agenda, noting the government's intention to introduce similar legislation, and then adjourned the debate.

Debate at second reading - May 27, 2010

On May 27, 2010, the Senate of Canada withdrew Bill S-213 concerning bulk water removal, as a government bill had superseded it, and engaged in debates on various other matters, including bills related to a national day of service, Supreme Court appointments, and historical injustices, alongside discussions on government spending and public safety.

The Senate debate on Bill S-213, concerning bulk water removal, concluded with the bill being withdrawn after a more comprehensive government bill (Bill C-26) was introduced.

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
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
Lowell Murray
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