Bill C-653: An Act to amend the Canada Water Act (recycling, conservation and efficiency)

C-653 Second Session, Forty-first Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 HOUSE OF COMMONS OF CANADA BILL C-653 An Act to amend the Canada Water Act (recycling, conservation and efficiency) first reading, February 18, 2015 Mr. Scarpaleggia 412005 SUMMARY This enactment amends the Canada Water Act to (a) authorize the Governor in Council to make regulations respecting water devices and standards for water recycling, water conservation and water efficiency; (b) confer powers on the Minister of the Environment in respect of the development and undertaking of programs relating to the development and promotion of water devices and water-recycling, water conservation and water efficiency practices; (c) establish requirements in respect of the importation and interprovincial sale or shipping of water devices; (d) create offences in respect of the failure to provide required information and the failure to comply with requirements in respect of the importation and the interprovincial sale or shipping of water devices; and (e) require the Minister to demonstrate in a report to Parliament (i) the extent to which the water efficiency standards prescribed under this Act compare to standards established by other jurisdictions, and (ii) the extent to which water efficiency standards have been prescribed under this Act for water devices whose use has a significant impact on water consumption in Canada. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 house of commons of canada BILL C-653 An Act to amend the Canada Water Act (recycling, conservation and efficiency) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-11 CANADA WATER ACT 1. (1) The preamble to the Canada Water Act is amended by adding the following after the first paragraph: AND WHEREAS those demands are increasing rapidly as a result of population and industrial growth and there is a need to sustain Canada’s agricultural, fishing, forestry and other resource-based sectors; AND WHEREAS there is concern that climate change will affect the availability and quality of water resources as a result of drought cycles that are increasing in frequency, length and warmth; (2) The third paragraph of the preamble to the Act is replaced by the following: AND WHEREAS there is a significant and immediate opportunity to promote the recycling, conservation and efficient use of the water resources of Canada to protect the well-being and prosperity of the people of Canada and the quality of the Canadian environment in general; AND WHEREAS the Government of Canada is committed to ensuring sustained improvement in the efficient use of water in all sectors of the Canadian economy; AND WHEREAS Parliament desires that, in addition, comprehensive programs be undertaken by the Government of Canada and by the Government of Canada in cooperation with provincial governments — each in accordance with its responsibilities in relation to water resources — for research and planning with respect to those resources, for the conservation, sustainable development and utilization of those resources and for the research, development and promotion of water devices and water-recycling, water conservation and water efficiency practices to ensure the optimum use of those resources for the benefit of all Canadians; 2. Subsection 2(1) of the Act is amended by adding the following in alphabetical order: “recycling”« recyclage » “recycling” in respect of water, means any process by which water that has been used is made available for further use or reuse with or without treatment or processing to alter its physical, chemical or aesthetic qualities. “water device”« dispositif d’eau » “water device” includes a water-applying device, water-consuming device, water-recycling device, water-conserving device and water efficient device. 3. Subsection 18(1) of the Act is amended by striking out “and” at the end of paragraph (i) and by adding the following after that paragraph: (i.1) prescribing classes of water devices; (i.2) prescribing test methods or protocols for determining the water efficiency rating of water devices; (i.3) respecting labels to be applied to water devices; (i.4) prescribing information to be made available by manufacturers, importers and distributors of water devices; (i.5) establishing or recognizing standards for water recycling, water conservation and water efficiency; (i.6) defining “water-applying device”, “water-consuming device”, “water-recycling device”, “water-conserving device” and “water efficient device”; (i.7) prescribing anything that is required by this Act to be prescribed; and 4. The Act is amended by adding the following after section 18: PART III WATER RECYCLING, WATER CONSERVATION AND WATER EFFICIENCY Arrangements Establishment of intergovernmental committees or other bodies 19. Subject to the approval of the Governor in Council and taking into consideration the distinctive geography of Canada and the character of water as a natural resource, the Minister may, in order to facilitate the formulation of policies and programs with respect to the recycling, conservation and efficient use of the water resources of Canada and to ensure the optimum use of those resources for the benefit of all Canadians, enter into arrangements with the government of the United States and with provincial governments to establish, on an international, national, provincial, regional, lake or river-basin basis, intergovernmental committees or other bodies for the purpose of (a) allowing consultation to take place on a continuing basis in respect of development of and research on water devices and water-recycling, water conservation and water efficiency practices; (b) providing expertise in respect of the formulation of water-recycling, water conservation and water efficiency policies and programs; and (c) facilitating the coordination, promotion and implementation of water-recycling, water conservation and water efficiency policies and programs. Programs Agreements regarding programs 20. Subject to the other provisions of this Act, the Minister may, with the approval of the Governor in Council, enter into agreements with the government of the United States, provincial governments, industrial and trade organizations and communities with an interest in the recycling, conservation and efficient use of water, to provide for programs to (a) develop water devices; and (b) promote the adoption of water devices and water-recycling, water conservation and water efficiency practices. Development, undertaking of programs under agreement 21. (1) The Minister may, with the approval of the Governor in Council, develop and undertake a program pursuant to an agreement that has been entered into under section 20. Development, undertaking of programs without agreement (2) The Minister may, with the approval of the Governor in Council, develop and undertake a program described in paragraph 20(a) or (b), despite the fact that an agreement has not been entered into under section 20 in respect of that program, if the Governor in Council is satisfied that all reasonable efforts have been made by the Minister to enter into such an agreement and that, despite those efforts, it is not possible for an agreement to be entered into in a timely fashion. Ministerial agreements with other countries 22. The Minister may, with the approval of the Governor in Council, enter into agreements with the governments of other countries to facilitate the implementation and enforcement in those countries of programs or standards applicable to water devices. Ministerial agreements with provinces etc. 23. The Minister may, with the approval of the Governor in Council, enter into agreements with provincial and municipal governments and any organization or group of organizations in Canada respecting the development and operation of demonstration projects or programs involving water recycling, water conservation or water efficiency. Research and development 24. The Minister may, in connection with the development and undertaking of programs, conduct research involving any aspect of water recycling, water conservation and water efficiency in cooperation with any government, organization or person. Contribution to funding 24.1 The Minister may, with the approval of the Governor in Council, contribute to the funding of any program undertaken under paragraph 20(b) or section 23. Conditions applicable to grants and contributions 24.2 The Minister may, with the approval of the Governor in Council, establish conditions to apply to applicants for and recipients of grants and contributions provided by the Government of Canada to implement water-recycling, water conservation and water efficiency practices. Annual report 24.3 (1) Within sixty days after the end of each fiscal year, the Minister shall publish on the departmental website an annual report on the activities carried out under sections 20 to 24.1. Reports and recommendations (2) The Minister may, from time to time, publish on the departmental website reports and recommendations on water-recycling, water conservation and water efficiency policies and practices. Importation and Interprovincial Sale or Shipping Information to be provided by importers etc. 24.4 (1) Every person who imports a water device into Canada, or sells or ships a water device from one province to another, shall provide the Minister, in the prescribed form and manner and at the prescribed time, with the prescribed information regarding those devices, including information regarding their water efficiency, their shipment or their importation. Exceptions (2) The requirement under subsection (1) to provide prescribed information in respect of the water efficiency of any particular water device does not apply if the Minister is satisfied that (a) the information has previously been provided under that subsection; or (b) information has previously been provided under that subsection in respect of the water efficiency of comparable water devices that differ from those devices solely in a manner that does not relate to water efficiency. Prohibition 24.5 (1) No person shall import a water device into Canada, or sell or ship a water device from one province to another, unless (a) the water device has been certified by an accredited organization to conform to stand­ards established or incorporated by regulation; and (b) the water device is labelled in accordance with the regulations and the prescribed information is included in its packaging. Definition of “accredited organization” (2) In this section, “accredited organization” means an organization accredited by the Stand­ards Council of Canada as being competent to certify the conformance of water devices to standards established or incorporated by regulation. 5. Subsection 25(1) of the Act is replaced by the following: Designation 25. (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Act but, if a qualified officer of any other department or agency of the Government of Canada or of a provincial government with which an agreement has been entered into under section 20 carries out similar duties for the purposes of other legislation, the Minister shall designate that officer whenever possible. 6. (1) Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i) and by adding the following after subparagraph (ii): (iii) there is being carried out any activity relating to the importing, manufacturing or distributing of water devices, or (iv) there is being or has been carried out any testing of water devices; (2) Subsection 26(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) examine and seize any water device found therein or open any container found therein that the inspector believes on reasonable grounds contains a water device; and 7. The Act is amended by adding the following after section 30: Punishment 30.1 Every person who contravenes section 24.4 is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars for each offence. Punishment 30.2 Every person who contravenes section 24.5 is guilty of an offence and liable on summary conviction to a fine not exceeding fifty thousand dollars for each offence. 8. Section 31 of the Act is replaced by the following: Punishment 31. Every person who contravenes section 27 or any regulation made under paragraph 18(1)(e), (f), (g), (i.3), (i.4) or (i.5) is guilty of an offence punishable on summary conviction. 9. Section 38 of the Act is renumbered as subsection 38(1) and is amended by adding the following: Comparison of water efficiency standards (2) Once every three years, the Minister shall, in the report referred to in subsection (1), demonstrate the extent to which the water efficiency standards prescribed under this Act are as stringent as comparable standards established by a province, the United Mexican States, the United States of America or a state of the United States of America. Report on extent water efficiency standards established (3) Within four years after the day on which this section comes into force, the Minister shall, in the report referred to in subsection (1), demonstrate the extent to which water efficiency standards have been prescribed under this Act for water devices whose use has a significant impact on water consumption in Canada. COMING INTO FORCE Order in council 10. The provisions of this Act come into force on a day or days to be fixed by the Governor in Council. Published under authority of the Speaker of the House of Commons