1st Session, 37th Parliament,
49-50 Elizabeth II,

House of Commons of Canada

BILL C-205

An Act to prohibit the export of water by interbasin transfers

Preamble

Whereas it is recognized that water is one of Canada's most valuable natural resources;

Whereas Canada is committed to preserving water resources within its boundaries;

And Whereas Canada will continue to promote adherence to the Boundary Waters Treaty by Canada and by the United States when managing boundary water matters;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Canada Water Export Prohibition Act.

INTERPRETATION

Definition of ``Minister''

2. For the purposes of this Act, ``Minister'' means the Minister of the Environment.

HER MAJESTY

Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or a province.

INTERBASIN TRANSFERS

Prohibition

4. Notwithstanding any other Act of Parliament, no person shall export water from Canada by interbasin transfers.

Duty of Minister

5. The Minister shall take such measures as are necessary to prevent the export of water by interbasin transfers.

Consultative arrangements with provinces and territories

6. For the purpose of facilitating the formulation of policies and programs with respect to interbasin transfers within Canada, the Minister may, with the approval of the Governor in Council, enter into an arrangement with one or more provincial or territorial governments

    (a) to conduct research on the effects of interbasin transfers;

    (b) to maintain continuing consultation on interbasin transfers; and

    (c) to formulate and coordinate the implementation of interbasin transfer policies and programs.

JUDICIAL REVIEW

Judicial review

7. Any person may apply for judicial review of the Minister's exercise or non-exercise of any power or fulfilment or non-fulfilment of any duty conferred or imposed on the Minister by this Act, whether or not the person applying for it is affected or has suffered damages.