Bill C-546

2nd Session, 39th Parliament,

56-57 Elizabeth II, 2007-2008

house of commons of canada

BILL C-546

An Act to provide compensation to farmers and prevent the proliferation of blue-green algae and to amend the Canadian Environmental Protection Act, 1999 (use of phosphorus)

WHEREAS the Government of Canada is committed to protecting the ecological health of Canada’s water bodies;

WHEREAS some water bodies are receiving excessive amounts of the plant nutrient phosphorus from urban and rural sources, resulting in blue-green algal blooms of increasing intensity and frequency;

AND WHEREAS these excessive amounts of phosphorus emanate from a large number of small sources, including the use of fertilizers close to water bodies and the use of phosphorus in dishwashing detergent;

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

1. This Act may be cited as the Farmers Compensation and Blue-green Algae Proliferation Prevention Act.

INTERPRETATION

2. The following definitions apply in this Act.

“buffer zone” means a width of land extending outward from the boundary of a water body or wetland.

“farmer” means any individual, partnership, corporation or cooperative association that is engaged in farming in Canada.

“farming” means the production of field-grown crops, cultivated and uncultivated, and horticultural crops, the raising of livestock, poultry and fur-bearing animals, the production of eggs, milk, honey, maple syrup, tobacco, fibre, wood from woodlots and fodder crops and the production or raising of any other prescribed thing or animal.

“Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act.

“water body” means any canal, reservoir, river, stream, lake, pond or other body of water.

COMPENSATION

3. The Minister may, upon request of the farmer, and in accordance with the regulations referred to in section 5, provide an annual compensation to any farmer for losses suffered as a result of complying with regulations requiring a buffer zone of at least 10-metres within which farmers are prohibited from farming.

4. The amount of compensation is determined based on

(a) each additional meter of buffer zone up to 10 metres;

(b) each linear metre of riparian boundary;

(c) the type of farming;

(d) the geographical location; and

(e) any other criteria set out in regulations.

REGULATIONS

5. The Governor in Council may make regulations

(a) prescribing the procedures to be followed in claiming compensation;

(b) prescribing the maximum amount of compensation that may be paid to a farmer in respect of a loss referred to in section 3;

(c) prescribing the information to be submitted to determine the eligibility of a farmer for compensation, the method of calculation used to determine the loss suffered by a farmer and the amount of compensation to be paid in respect of the loss;

(d) prescribing the minimum amount of loss in respect of which compensation may be paid under this Act;

(e) prescribing the terms and conditions for the payment of compensation under this Act; and

(f) generally, for carrying out the purposes and provisions of this Act.

PUBLIC CONSULTATION

6. The Minister shall take such measures as he or she considers appropriate to ensure public consultation before fixing the compensation to be paid under section 3.

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

7. The Canadian Environmental Protection Act, 1999 is amended by adding the following after section 117:

8. The portion of subsection 119(1) of the Act before paragraph (a) is replaced by the following:

119. (1) Where there is a contravention of section 117 or 117.1 or the regulations, the Minister may, in writing, direct a manufacturer or importer of a nutrient, cleaning product or water conditioner to take any or all of the following measures in the manner and within the period directed by the Minister:

COMING INTO FORCE

9. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.