Bill C-271: An Act to give legal capacity to the St. Lawrence River and to provide for measures respecting its protection

Short Title Short title 1 This Act may be cited as the St. Lawrence River Capacity and Protection Act . Interpretation Definitions 2 The following definitions apply in this Act. Committee  means the St. Lawrence River Protection Committee established by section 6. ( Comité ) Indigenous governing body  means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 . ( corps dirigeant autochtone ) Indigenous peoples  has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones ) Minister  means the Minister of the Environment. ( ministre ) River  means the St. Lawrence River and includes its fauna, flora and bed. ( Fleuve ) Rights of Indigenous peoples 3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of Indigenous peoples by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982 . Purposes Purposes 4 (1) The purposes of this Act are (a) to give the River the capacity of a natural person in order to protect its right to exist and flow, to maintain its vital cycles, natural biodiversity and integrity, to fulfil essential functions within its ecosystem, to be nourished by its aquifers and tributaries, to be protected from contamination and to regenerate; and (b) to establish the St. Lawrence River Protection Committee, responsible for acting on behalf of the River. Limitation — permitted uses (2) This Act is not intended to prohibit either recreational uses of the River or subsistence uses, such as fishing, that are carried out in a responsible manner and that preserve the health of the River and its ecosystem. Capacity Capacity 5 (1) The River has the capacity and the rights, powers and privileges of a natural person, including the right to institute legal proceedings. Immunity (2) No action or other proceeding lies against the River or the Committee as its representative in respect of anything that is done or omitted to be done in good faith by the Committee while exercising its powers or performing its duties and functions under this Act. St. Lawrence River Protection Committee St. Lawrence River Protection Committee 6 (1) The St. Lawrence River Protection Committee is hereby established. Composition (2) The Committee is to consist of eleven members appointed by the Governor in Council, including (a) two members recommended by the Government of Ontario; (b) two members recommended by the Government of Quebec; (c) two members recommended by relevant Indigenous governing bodies from the Province of Ontario; (d) two members recommended by relevant Indigenous governing bodies from the Province of Quebec; and (e) three members recommended by relevant non-governmental organizations from the provinces of Ontario or Quebec. Expertise (3) Each member must have specialized knowledge of and experience in the management of waters and their ecosystems. Chairperson (4) The Governor in Council must appoint the Chairperson of the Committee from among the members who were recommended by an Indigenous governing body. Term (5) Each member is to be appointed for a renewable term of seven years. Review of composition (6) Before their term of office expires, the Members must review the composition of the Committee and the appointment criteria for their successors, as the case may be, and include any recommendation for change that they consider necessary in the report provided for in subsection 12(1). Tenure (7) Each member holds office during good behaviour and may be removed by the Governor in Council for cause. Remuneration and expenses (8) Each member is to be paid the remuneration fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses incurred in the course of their duties and functions under this Act while absent from their ordinary place of work. Meetings (9) The Chairperson presides over meetings of the Committee, which are to be held at least three times a year. Subject 7 The Committee is the agent of the River and, as its representative, exercises the rights of the River in its best interests. Duties of the Committee 8 The duties of the Committee include (a) promoting activities to raise public awareness of the River; (b) intervening and advising during consultations, public hearings and environmental impact assessments connected with the authorization of projects that might affect the River; (c) acting as the River’s agent before the courts; (d) communicating with the relevant public authorities in the event of real or potential damage; (e) submitting recommendations to the Minister on ways to protect, restore and regenerate the waters of the River; (f) acting on a priority basis to mitigate any harm done to the River and to restore its ecosystems; (g) proposing concrete measures that respect the River to guarantee secure access to the River and its tributaries for community and tourist activities; and (h) participating in the implementation of plans and programs for the management and conservation of the River’s habitat and ecosystems. Technical assistance 9 The Committee may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to its work to advise and assist the Committee in the exercise of its powers or the performance of its duties and functions under this Act and, with the Treasury Board’s approval, may fix and pay their remuneration and expenses. Immunity 10 No action or other proceeding lies against a member of the Committee in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties and functions under this Act. Action and Relief Action 11 (1) The Committee may bring an action for damages on behalf of the River if it is of the opinion that an act or omission in contravention of any Act of Parliament or of a provincial legislature caused or is likely to cause substantial damages to the River. Monetary relief (2) Any monetary relief awarded to the Committee must be invested in protection and restoration measures for the River. Annual Report Annual report 12 (1) Each year, the Committee must present the Minister with a report detailing the activities of the previous year and report on any action for damages brought under subsection 11(1). Tabling of report (2) The Minister must cause the report to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.