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)

C-546 Second Session, Thirty-ninth 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) first reading, May 14, 2008 Mr. Mulcair 392053 SUMMARY This enactment provides for compensation to any farmer for losses suffered as a result of complying with regulations requiring a 10-metre buffer zone within which farmers are prohibited from farming. The enactment also amends the Canadian Environmental Protection Act, 1999 to prohibit the use or sale in Canada and the import of dishwashing detergents that contain phosphorus. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 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 Short title 1. This Act may be cited as the Farmers Compensation and Blue-green Algae Proliferation Prevention Act. INTERPRETATION Definitions 2. The following definitions apply in this Act. “buffer zone”« zone tampon » “buffer zone” means a width of land extending outward from the boundary of a water body or wetland. “farmer”« agriculteur » “farmer” means any individual, partnership, corporation or cooperative association that is engaged in farming in Canada. “farming”« agriculture » “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”« ministre » “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”« plan d’eau » “water body” means any canal, reservoir, river, stream, lake, pond or other body of water. COMPENSATION 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. Amount of compensation 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 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 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. 1999, c. 33 CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 7. The Canadian Environmental Protection Act, 1999 is amended by adding the following after section 117: Prohibition of phosphorus 117.1 (1) No person shall (a) manufacture for use or sale in Canada a dishwashing detergent that contains phosphorus; (b) import a dishwashing detergent that contains phosphorus; or (c) sell a dishwashing detergent that contains phosphorus. Definition of “dishwashing detergent” (2) For the purpose of this section, “dishwashing detergent” means a dishwashing detergent or other dishwashing compound — whether used or intended to be used for cleaning dishes by machine or by hand. Coming into force (3) Paragraphs (1)(a) and (b) come into force 180 days after the day on which this Act receives royal assent. Coming into force (4) Paragraph (1)(c) comes into force 360 days after the day on which this Act receives royal assent. 8. The portion of subsection 119(1) of the Act before paragraph (a) is replaced by the following: Remedial measures 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 Order in council 9. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada