May 2013 The Regulatory Review Page 1 May, 2013 ISSN 1206-9647 Issue 225 I. LEGISLATION A. Federal 1. Bill C-47, the Northern Jobs and Growth Act, passed second reading in the Senate and was referred to the Standing Senate Committee on Energy, the Environment and Natural Resources, on April 16, 2013. When passed, the Bill will implement the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act. 2. Bill S-15, the Expansion and Conservation of Canada’s National Parks Act, was reported back from the Standing Senate Committee on Energy, the Environment and Natural Resources with one amendment on April 25, 2013. The amendment confirms that the Act does not limit the authority of the Minister to fix fees pursuant to sections 23 or 24 of the Parks Canada Agency Act. A legislative summary of the Bill is available on the website http://www.parl.gc.ca/Content/LOP/LegislativeSummaries/41/1/s15-e.pdf. 3. Bill C-383, the Transboundary Waters Protection Act, passed second reading in the Senate and was referred to the Standing Senate Committee on Foreign Affairs and International Trade on April 25, 2013. The Bill amends the International Boundary Waters Treaty Act to prohibit the bulk removal of transboundary waters. 4. A number of private member’s bills were introduced pertaining to amendments to the Navigable Waters Protection Act. Amendments to the Act were included in one of the omnibus budget acts from 2012, the Jobs and Growth Act, 2012. All of the private member’s bills propose to amend the Schedule to that Act immediately after the coming into force of section 331 of the Jobs and Growth Act, 2012, by adding specific water bodies. The bills are: Bill C-490, An Act to Amend the Navigable Waters Protection Act (Boundary Waters – Voyageur Waterway and other rivers), Bill C-491, An Act to Amend the Navigable Waters Protection Act (Bloodvein River and other rivers), Bill C-492, An Act to Amend the Navigable Waters Protection Act (Shelburne River and other rivers), Bill C-493, An Act to Amend the Navigable Waters Protection Act (Ashuapmushuan River, Mistassini River and Peribonka River), Bill C-494, An Act to Amend the Navigable Waters Protection Act (Main River and Bay du Nord River), Bill C-495, An Act to Amend the Navigable Waters Protection Act (Cowichan River), Bill C-496 An Act to Amend the Navigable Waters Protection Act (Kicking Horse River and Clearwater River), Bill C-497, An Act to Amend the Navigable Waters Protection Act (St. Croix River, Restigouche River and Saint John River), Bill C-498, An Act to Amend the Navigable Waters Protection Act (North Thames River, Middle Thames River and Thames River), Environmental Services Association of Alberta #102, 2528 Ellwood Drive SW, Edmonton, AB T6X 0A9 Phone (780) 429-6363 © McLennan Ross LLP 600 West Chambers, 12220 Stony Plain Road, Edmonton, Alberta T5N 3Y4 Phone (780) 482-9200 Edmonton / Calgary / Yellowknife May 2013 The Regulatory Review Page 2 Bill C-499, An Act to Amend the Navigable Waters Protection Act (Alsek River and Other Rivers), and Bill C-500, An Act to Amend the Navigable Waters Protection Act (Ocean Watersheds). If passed, the Bills will come into force on Royal Assent, or on the day section 331 of the Jobs and Growth Act, 2012 comes into force, whichever is later. 5. Effective April 1, 2013, sections 579 to 593 of the Jobs, Growth and Long-term Prosperity Act are in force. This Act is one of the omnibus budget acts from 2012, and these particular sections pertain to the closure of the National Round Table on the Environment and the Economy, including the repeal of the statute establishing the Round Table in 1993. (Canada Gazette Part II, April 10, 2013, p. 896.) [The website of the National Round Table has been archived and is available at http://collectionscanada.gc.ca/webarchives2/20130322140948/http://nrtee-trnee.ca/.] 6. Also effective April 1, 2013, Division 13 of Part 4, other than section 285 (transfer of employees and positions), of the Jobs and Growth Act, 2012, is in force. The Act is an omnibus budget act from 2012, and Division 13 of Part 4 pertains to the Hazardous Materials Information Review Act. (Canada Gazette Part II, April 10, 2013, p. 899.) B. Alberta 1. The Legislative Assembly resumed sitting on April 8, 2013. 2. Bill 21, the Environmental Protection and Enhancement Amendment Act, 2013, was introduced on April 25, 2013. The Bill makes a number of changes, including the addition of section 36.1 permitting the Minister to make regulations respecting environmental monitoring programs, and the replacement of section 188(1) concerning an identification number for hazardous waste. As introduced on April 25th: Bill 21 will create a funding mechanism between industry and government to support the joint Canada-Alberta implementation plan for oil sands monitoring. The funding arrangement will enable Alberta to collect, hold, and disburse funds and continue to implement the joint plan. Changes to the act will also allow government to move forward on a provincial monitoring system by identifying programs and setting fees to support those programs. The goal of Environment and Sustainable Resource Development is full integration of all hazardous waste management systems in the province. With this in mind, Bill 21 will remove the requirement for personal information numbers, PINs, for hazardous waste management to support implementation of the regulatory enhancement project. Removal of the requirement for a PIN will support the integration of the two waste management systems under the new Alberta energy regulator. Removing the PIN requirement will simplify administration and will not affect environmental assurance. When passed, the Bill will come into force on proclamation. 3. Bill 201, the Scrap Metal Dealers and Recyclers Identification Act, was reported back from the Committee of the Whole with amendments on April 8, 2013. It passed third reading that day. The Bill is intended to address the theft of scrap metal. 4. Bill 202, the Public Lands (Grasslands Preservation) Amendment Act, 2012, was defeated at second reading on April 8, 2013. 5. Bill 205, the Fisheries (Alberta) Amendment Act, 2012, was referred to the Standing Committee on Resource Stewardship on April 22, 2013. The amendment is intended to formalize the consultation process for setting fishing quotas on an annual basis. C. British Columbia 1. The Legislative Assembly is dissolved and a general election will be held on May 14, 2013. Environmental Services Association of Alberta #102, 2528 Ellwood Drive SW, Edmonton, AB T6X 0A9 Phone (780) 429-6363 © McLennan Ross LLP 600 West Chambers, 12220 Stony Plain Road, Edmonton, Alberta T5N 3Y4 Phone (780) 482-9200 Edmonton / Calgary / Yellowknife May 2013 The Regulatory Review Page 3 2. Sections 3, 5, and 7of the Protected Areas of British Columbia Amendment Act, 2013, were brought into force on March 27th, 21st, and 31st, respectively. 3. Sections 5 to 8, and 10 to 18 of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2012, are in force as of April 1, 2013. D. Manitoba 1. The Legislative Assembly resumed sitting on April 16, 2013. 2. Bill 24, The Endangered Species Amendment Act (Ecosystem Protection and Miscellaneous Amendments), was introduced on April 22, 2013. As introduced by Gord Mackintosh, Minister of Conservation and Water Stewardship: this proposed legislation sets out to protect from destruction those rare and critical ecosystems on Crown land that nurture species and plants that are at risk. It also requires recovery strategies for endangered species. It allows for prevention orders to be made to stop pending destructive action, and certainly increases enforcement options, including increased fines, the ability to include in a court order the return of a monetary benefit derived from a breach of the act, forfeiture of seized items and extending the time that a prosecution can be started. The Bill is available on the website http://web2.gov.mb.ca/bills/40-2/pdf/b024.pdf. 3, There is no further progress on Bill 19, The Waste Reduction and Prevention Amendment and Environment Amendment Act, which was introduced on December 6, 2012. E. Northwest Territories 1. The Legislative Assembly is adjourned. It will reconvene on May 29, 2013. F. Nunavut 1. The Legislative Assembly is adjourned. It is scheduled to reconvene on May 7, 2013. G. Saskatchewan 1. Both of Bill 47, The Saskatchewan Watershed Authority Amendment Act, 2012, and Bill 48, The Management and Reduction of Greenhouse Gases Amendment Act, 2012, remain with the Committee on Economy. 2. Bill 62, The Parks Amendment Act, 2012 (No. 2), Bill 63, The Regional Parks Act, 2012, and Bill 64, The Regional Parks Consequential Amendments Act, 2012, passed second reading on April 9, 2013, and were referred to the Committee on Intergovernmental Affairs and Justice. 3. Bill 80, The Power Corporation Amendment Act, 2012, passed second reading on April 10, 2013, and third reading on April 18, 2013. The amendment adds a subsection exempting the corporation from any action in nuisance. It also adds a new section related to market activities and replaces the section dealing with expropriation. The amendment Bill is available on the website http://docs.legassembly.sk.ca/legdocs/Bills/27L2S/Bill27-80.pdf. 4. Bill 604, The Public Health (Asbestos Right-to-know) Amendment Act, which was amended and reprinted as The Public Health (Howard’s Law) Amendment Act, passed third reading on April 18, 2013. The amendment Bill is available on the website http://docs.legassembly.sk.ca/legdocs/Bills/27L2S/Bill27-604Reprinted.pdf. The Bill will require mandatory reporting of public buildings which contain asbestos.