Bill C-225: An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law)

Bill C-225 If you have any questions or comments regarding the accessibility of this publication, please contact us at [email protected]. First Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content ENGLISHSUMMARYSUMMARY1 Aeronautics Act1 Aeronautics Act6 Fishing and Recreational Harbours Act6 Fishing and Recreational Harbours Act7 National Capital Act7 National Capital Act8 Radiocommunication Act8 Radiocommunication Act9 Federal Real Property and Federal Immovables Act9 Federal Real Property and Federal Immovables Act10 Canada Marine Act10 Canada Marine Act11 Canada Infrastructure Bank Act11 Canada Infrastructure Bank Act First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020 HOUSE OF COMMONS OF CANADA BILL C-225 An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law) FIRST READING, February 25, 2020 NOTE 2nd Session, 43rd Parliament This bill was introduced during the first session of the 43rd Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the first session. The number of the bill remains unchanged. Mr. Simard 431085 SUMMARY This enactment amends certain acts to subordinate the exercise of certain powers to the applicable provincial laws concerning land use and development and environmental protection. Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 43rd Parliament, 68-69 Elizabeth II, 2019-2020 HOUSE OF COMMONS OF CANADA BILL C-225 An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.‍S.‍, c. A-2 Aeronautics Act 1 Subsection 3(2) of the Aeronautics Act is replaced by the following: Minister for certain purposes (2) Despite the definition Minister in subsection (1), Minister, in relation to any matter referred to in paragraph 4.‍2(1)‍(n), 4.‍9(1)(p), (q) or (r) or 8.‍7(1)‍(b), means the Minister of National Defence. 2 Subsection 4(1) of the Act is replaced by the following: Application of Part 4 (1) Subject to any regulations made pursuant to paragraph 4.‍9(1)(w), this Part applies in respect of aeronautics to all persons and to all aeronautical products and other things in Canada, to all persons outside Canada who hold Canadian aviation documents and to all Canadian aircraft and passengers and crew members thereon outside Canada. 3 Subsection 4.‍3(3) of the Act is replaced by the following: Deputy may be authorized to make orders (3) The Minister may authorize his deputy to make orders with respect to the matters referred to in paragraph 4.‍9(1)(l). 4 Section 4.‍9 of the Act is renumbered as subsection 4.‍9(1) and is amended by adding the following: Application of provincial law — aerodrome (2) Despite any regulation made under subsection (1), an aerodrome may operate in a province only if its operation complies with that province’s laws concerning land use and development and environmental protection. 5 Paragraph 6.‍2(1)‍(a) of the Act is replaced by the following: (a) a regulation made under paragraph 4.‍9(1)(l), or a notice issued under section 5.‍1, that prohibits or restricts the use of any airspace or aerodrome; R.‍S.‍, c. F-24 Fishing and Recreational Harbours Act 6 Section 9 of the Fishing and Recreational Harbours Act is renumbered as subsection 9(1) and is amended by adding the following: Application of provincial law — projects (2) Despite any regulation made under subsection (1), no project shall be undertaken in a province under subsection 5(1) unless it complies with that province’s laws concerning land use and development and environment­al protection. R.‍S.‍, c. N-4 National Capital Act 7 Section 10 of the National Capital Act is amended by adding the following after subsection (2): Application of provincial law (3) In the exercise of its powers under subsection (2), the Commission shall not establish development, conservation or improvement plans for the National Capital Region unless the Commission is of the opinion that those plans comply with the laws of Ontario and Quebec concerning land use and development and environmental protection. R.‍S.‍, c. R-2 Radiocommunication Act 8 (1) The portion of subsection 5(1) of the Radiocommunication Act before paragraph (a) is replaced by the following: Minister’s powers 5 (1) Subject to subsection (1.‍6) and any regulations made under section 6, the Minister may, taking into account all matters that the Minister considers relevant for ensuring the orderly establishment or modification of radio stations and the orderly development and efficient operation of radiocommunication in Canada, (2) Section 5 of the Act is amended by adding the following after subsection (1.‍5): Application of provincial law (1.‍6) In exercising the power conferred under paragraph (1)‍(f), the Minister shall not approve the site on which radio apparatus may be located or the erection of masts, towers or other antenna-supporting structures unless the Minister is satisfied that the laws concerning land use and development and environmental protection of the province in which the site or the construction is located are complied with. 1991, c. 50; 2001, c. 4, s. 10 Federal Real Property and Federal Immovables Act 9 Section 18 of the Federal Real Property and Federal Immovables Act is amended by adding the following after subsection (6): Application of provincial law (7) A Minister or corporation shall use any federal real property or federal immovable under their administration in a manner that complies with the laws concerning land use and development and environmental protection of the province in which the property is situated. 1998, c. 10 Canada Marine Act 10 Section 28 of the Canada Marine Act is amended by adding the following after subsection (4): Application of provincial law (4.‍1) A port authority shall exercise the powers and engage in the activities set out in its letters patent in compliance with the laws concerning land use and de­velopment and environmental protection of the province in which the port that it operates is situated. 2017, c. 20, s. 403 Canada Infrastructure Bank Act 11 Section 7 of the Canada Infrastructure Bank Act is amended by adding the following after subsection (2): Application of provincial law (3) The Bank must not undertake any of the functions referred to in subsection (1) with respect to infrastructure projects unless the Bank is satisfied that those projects comply with the laws concerning land use and development and environmental protection of the provinces involved. 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