Friday, we described how the Navigable Waters Protection
Act is being slashed so that it applies to only 62 named lakes
and rivers and renamed the Navigation Protection Act. Here
are some of the other environmental changes in the new Omnibus Bill, C-45:
The Fisheries Act, the Navigable Waters Protection
Act (being renamed the Navigation Protection Act),
the Species at Risk Act, section 6 of the
International Bridges and Tunnels Act, the
Canadian Environmental Assessment Act, 2012 and the
Port Authorities Operations Regulations do not apply
to the construction of the new Detroit bridge, parkway or any
related work. Instead, they must file with the Minister a
plan that includes all measures to be taken to mitigate any adverse
environmental effects caused by the construction and sets out a
process for consulting the public with respect to the construction.
This is part of an entire new BRIDGE TO STRENGTHEN TRADE
ACT is being adopted to sweep away some of the litigation
being brought against the new bridge (mostly by the private owners
of the Ambassador Bridge).
The Fisheries Act receives further minor amendments:
The definition of protected Aboriginal fishery is expanded to
include "purposes set out in a land claims agreement
entered into with the Aboriginal organization."
Fisheries Act fines are to be paid into the Environmental
Damages Fund: s. 40 (6). The court can recommend how the Fund
should apply the monies: s. 40(7).
Seines and "fishing appliance"s are added as types of
"Technical" changes are being made to the
Canadian Environmental Assessment Act 2012, apparently to
correct unintended drafting errors. For example, "would"
is changed to "could". CHECK
The Hazardous Materials Information Review Act is
amended to abolish the Hazardous Materials Information Review
Commission and to transfer its powers and functions to the Minister
of Health. No reasons were given for this.
to formally register claims for trade-secret exemptions and
issue registry numbers;
to adjudicate and issue decisions on the validity of claims for
exemption using prescribed regulatory criteria;
to make decisions on the compliance of material safety data
sheets (MSDSs) and labels within theWorkplace Hazardous
Materials Information System(WHMIS) requirements [as set out
in the Hazardous Products Act (HPA)
and Controlled Products Regulations (CPR), and
various provincial and territorial occupational health and safety
to convene independent, tripartite boards to hear appeals from
claimants or affected parties on decisions and orders issued by
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