Bill C-383 (Historical)

Transboundary Waters Protection Act

An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act

This enactment amends the International Boundary Waters Treaty Act to prohibit the bulk removal of transboundary waters. Some definitions and exceptions that are currently found in regulations are transferred to the Act. The enactment also provides for measures to administer and enforce the Act. Lastly, it also makes a consequential amendment to the International River Improvements Act.

[The Speaker, Conservative, Andrew Scheer]

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate chamber, His Excellency was pleased to give, in Her Majesty's name, the royal assent to certain bills:

C-321, An Act to amend the Canada Post Corporation Act (library materials)—Chapter 10, 2013.

C-37, An Act to amend the Criminal Code—Chapter 11, 2013.

C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act—Chapter 12, 2013.

S-9, An Act to amend the Criminal Code—Chapter 13, 2013.

C-47, An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts —Chapter 14, 2013.

C-309, An Act to amend the Criminal Code (concealment of identity)—Chapter 15, 2013.

C-43, An Act to amend the Immigration and Refugee Protection Act—Chapter 16, 2013.

S-213, An Act respecting a national day of remembrance to honour Canadian veterans of the Korean War—Chapter 17, 2013.

C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts—Chapter 18, 2013.

S-209, An Act to amend the Criminal Code (prize fights)—Chapter 19, 2013.

S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves—Chapter 20, 2013.

S-8, An Act respecting the safety of drinking water on First Nation lands—Chapter 21, 2013.

C-63, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014—Chapter 22, 2013.

C-64, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014—Chapter 23, 2013.

C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts—Chapter 24, 2013.

C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts—Chapter 25, 2013.

S-14, An Act to amend the Corruption of Foreign Public Officials Act—Chapter 26, 2013.

S-17, An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes—Chapter 27, 2013.

S-15, An Act to amend the Canada National Parks Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to the Canada Shipping Act, 2001—Chapter 28, 2013.

It being 4:24 p.m., the House stands adjourned until Monday, September 16, 2013, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 4:24 p.m.)

Transboundary Waters Protection Act

[The Acting Speaker, Conservative, Bruce Stanton]

It now being 5:30 p.m., the House will proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-383.

Call in the members.

The House resumed from February 8 consideration of the motion that Bill C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act, be read the third time and passed.

Foreign Affairs

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, a little order here would be good.

Today the House will vote at third reading on my private member's bill, the Transboundary Waters Protection Act. Through all stages, the bill has received overwhelming support from all members of the House, and I am very grateful for that support. I am hopeful that we will soon see it enacted.

I know the bill is very important to my constituents of Bruce—Grey—Owen Sound. Would the Minister of Foreign Affairs please tell the House why Bill C-383 is so important and whether he will be supporting it?

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Bonjour, monsieur le Président.

Today the House will vote on third reading on my private member's bill, Bill C-383, the Transboundary Waters Protection Act.

Transboundary Waters Protection Act

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, it is a pleasure to speak to the bill introduced by the hon. member for Bruce—Grey—Owen Sound. Our party intends to support this legislation, and I commend my colleague opposite for bringing it forward. However, I particularly want to thank all the activists in Canada who have been urging the government for several years to protect our most precious resource, namely our water.

Bill C-383 amends the International Boundary Waters Treaty Act to strengthen the prohibitions against bulk water removal and to improve current protections. It targets all boundary waters between Canada and the United States, the waters flowing from Canada into the United States, and the rivers flowing into the United States.

In my opinion, this is an important piece of legislation that would help protect our resources. As a member of the Standing Committee on Natural Resources, protecting Canada's waters is a major concern of mine. Therefore, I appreciate this opportunity to debate the bill, to stress its positive aspects, and to also discuss its limitations.

First, it is important to point out that the bill proposed by the member for Bruce—Grey—Owen Sound is quite similar to the legislation presented by the Conservative government in 2010. Indeed, a bill was introduced following promises made by the Conservatives in the 2008 and 2009 throne speeches to introduce legislation to ban bulk water transfers or exports from Canadian freshwater basins.

As hon. members know, the bill presented by the Conservatives was never passed because it never went beyond first reading stage. Of course, it was not a government priority. The reason I am discussing the similarities with the old legislation is not just to underline the Conservatives' inaction to this day, but also because one of the positive aspects of Bill C-383 is that it addresses a major flaw that existed in Bill C-26. Indeed, the latter did not protect Canadian waters from its most serious threat, that is transfers from a water basin that is neither a boundary nor transboundary water body from Canada into the United States.

As for Bill C-383, it proposes to amend the International River Improvements Act to prohibit the issuing of permits for projects that link non-boundary waters to an international river when the purpose of such projects is to increase the annual flow towards the United States. This is an important change that would prohibit the issuing of a permit to build, operate or maintain a canal or pipeline transporting Canadian water to an international river.

Like its predecessor, Bill C-383 has one major flaw: it does not prohibit all bulk water exports. That is why the NDP believes the legislation needs to go further. It must provide greater protection to this precious resource, water. We are hoping for legislation that provides for the protection of all surface water in Canada, the development of a plan coordinated with the provinces to implement the ban on bulk water removal, and the signing of binational agreements that would prevent the United States from acting unilaterally to import water.

Finally, the NDP especially wishes that the federal government will commit to addressing the threat posed by NAFTA to the sovereignty of Canada's water resources.

For those who may not know that, under NAFTA, Canadian water is both a service and an investment.

NAFTA defines water as a product. The definition of water as a good could weaken or invalidate provincial and federal legislation and regulations on the protection of our water.

In this regard, the Council of Canadians reminded us of the worrisome example of California's SunBelt Corporation. In 1990, SunBelt entered into an alliance with Canadian company Snowcap Waters to export bulk water from British Columbia to the United States.

On March 18, 1991, the Government of British Columbia imposed a moratorium on water exports. That moratorium was followed by the provincial government passing the Water Protection Act, which banned water exports for good.

After the British Columbia government passed this legislation, SunBelt filed a lawsuit against Canada under NAFTA provisions and demanded $10 billion in compensation.

At last report, the matter was still unresolved.

In order to deal with such threats, former NDP MP Bill Blaikie introduced, in 1999, an opposition motion that led to the moratorium on bulk water exports. The motion, which was adopted by the House, also tasked the government with introducing legislation to prohibit bulk freshwater exports and interbasin transfers. Furthermore, the motion stated that the federal government should not be a party to any international agreement that would compel Canada to export freshwater against its will.

The day after the motion was adopted, the Liberal government of the day announced a strategy to prohibit bulk water removal, including exports, in Canada's major basins. However, as was the case with many other grand Liberal announcements, the government did nothing tangible.

Needless to say, the NDP has not given up on its efforts to protect water. In June 2007, the NDP member for Burnaby—New Westminster moved a motion asking the government to initiate talks with the U.S. and Mexican governments to ensure that water is excluded from NAFTA. The motion was adopted by the House, but the government has not yet had serious discussions with these countries.

Always mindful of protecting Canadians' interests, the hon. member for Burnaby—New Westminster did not abandon the cause. In 2011, he tried again by once again introducing his motion calling for a national water strategy, Motion No. 5:

That, in the opinion of the House, the government should develop and present a comprehensive water policy based on public trust, which would specifically: (a) recognize that access to water is a fundamental right; (b) recognize the UN Economic and Social Council finding, in General Comment 15 on the International Covenant on Economic, Cultural, and Social Rights (2002), that access to clean water is a human right; (c) prohibit bulk water exports and implement strict restrictions on new diversions; (d) introduce legislation on national standards for safe, clean drinking water; (e) implement a national investment strategy to enable municipalities and aboriginal communities to upgrade desperately needed infrastructure without resorting to privatization through public-private partnerships; (f) oppose measures in international agreements that promote the privatization of water services; and (g) commit to ensure water does not become a tradable commodity in current and future trade deals.

I would like to commend the hon. member for Burnaby—New Westminster for showing the type of practical steps that must be taken. We must do what is necessary to make it law.

[Gary Schellenberger, Conservative, Perth—Wellington, ON]

Mr. Speaker, I am pleased to rise today to join the debate on Bill C-383, the transboundary waters protection act.

First, I would like to thank my colleague from Bruce—Grey—Owen Sound for bringing this important legislation forward. The support that the bill has received so far is a testament to his efforts and reflects the position of Canadians from all regions of this country on the need to protect Canada's waters.

Bulk removals of water would pose a significant threat to Canada's environment. The protection of this resource is of vital importance to all Canadians. That is why, in 2008, our government made a commitment in the Speech from the Throne to put in place stronger protections to prevent the bulk removal of water. It is also why we introduced Bill C-26, which unfortunately died on the order paper with the 2011 election call.

Thanks to the work of the member from Bruce—Grey—Owen Sound, we have this bill before us. The time has now come for the House to pass the legislation, which would ensure Canadian waters are protected from bulk removals. I am glad to see that Bill C-383 is supported by the government and by members of all parties.

As my colleague mentioned, the transboundary waters protection act would amend two acts: the International Boundary Waters Treaty Act and the International River Improvements Act. Amendments to the International Boundary Waters Treaty Act would prevent the bulk removal of water from transboundary waters, waters that flow across borders. Boundary waters that straddle the border, such as the Great Lakes, are already protected under the International Boundary Waters Treaty Act and its regulations. With the changes found in Bill C-383, all of these waters under federal jurisdiction would be protected from the bulk removal of water to outside the country.

There are other elements found in Bill C-383 that would strengthen protections against bulk removals. For example, proposed amendments to the International Boundary Waters Treaty Act would bring the enforcement authority fine schemes and sentencing provisions of the act in line with those found in the Environmental Enforcement Act, which delivers on the government's commitment to bolster protection of water, air, land and wildlife through more effective enforcement.

Provisions found in Bill C-383, which would amend the International Boundary Waters Treaty Act, closely follow the regime from the Environmental Enforcement Act, in terms of the fine schemes. I must remind everyone again of these penalties. Sentencing provisions and enforcement tools would be available. These provisions would include mandatory minimum fines for designated offences and increased maximum fines of all offences under prosecution and conviction.

In addition to higher fines, the act would set out fine ranges that vary according to the nature of the offences and the type of offender, such as individuals, small revenue corporations and corporations. Each of these categories of offender would face stiff fines for violations. For example, individuals could face up to $1 million in fines and a corporation up to $6 million for the first offence. For a second or subsequent offence, the applicable fine range would double. Fines for contravening the law would be cumulative, meaning that a violation that continues for more than one day would be seen as a separate offence for each day that it continues.

Further, the court must order an offender to pay additional fines if the court determines that the offender obtained any property, benefit or advantage from the commission of the offence. Courts also must consider increasing fines if the offence caused damage or risk of damage to the environment. As with the other federal environmental statutes that were amended through the Environmental Enforcement Act, the bill includes other provisions that would enhance the goals of deterrence, denunciation and restoration, which are the fundamental purposes of sentencing.

This legislation contains provisions aligned with the publication of information about an offence committed and the punishment imposed as well as provisions requiring that corporate shareholders be notified in the event of a conviction. The objective is to encourage compliance, given the importance of public opinion to corporate success.

As we can see, this legislation provides strict consequences for violation of the act. The goal is quite simple: to deter anyone from attempting to violate the bulk removal of water prohibitions found in the act.

Bill C-383 would also move certain definitions and exceptions from the regulations for the International Boundaries Water Treaty Act into the act itself. This would make it more difficult to change these definitions or exceptions at a later date and would provide Parliament with a stronger oversight role, should changes ever be considered.

I would also like to take a few minutes to speak about the provision in the bill that would amend the International River Improvements Act. The purpose of the International River Improvements Act is to ensure that international rivers are developed and used in the national interest. International rivers are waters that flow from any place in Canada to any place outside Canada. The International River Improvements Act requires proponents that would like to construct improvements, such as dams, canals, obstructions, reservoirs or other works that would significantly alter the flow or level of any international river at the international boundary, to apply for a licence. This act allows the federal government to ensure that all such works are constructed and operated in a manner that complies with the Canada-U.S. boundary treaty.

Bill C-383 would amend the act to prevent the use of international rivers to transfer large quantities of water across the border. As mentioned in previous speeches and during committee consideration of this bill, some water experts see the use of international rivers as a potentially efficient pathway for transferring water in bulk. To prevent this from happening, Bill C-383 would amend the International River Improvements Act to prohibit licences for linking waters wholly in Canada with international rivers and then using those rivers to move water in bulk across the border. This amendment to the International River Improvements Act would add another layer of protection against the bulk removal of water from Canada. It was endorsed by experts from the Munk School of Global Affairs during the recent standing committee consideration of Bill C-383.

I would once again like to offer my thanks to the member for Bruce—Grey—Owen Sound for introducing this legislation. As we have seen, the bill is roundly supported by members of the House. I urge all members to support this legislation when it comes up for a vote.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, today I would like to speak to Bill C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act.

I will start by saying that the NDP will be supporting this bill despite all its flaws.

This bill would amend the International Boundary Waters Treaty Act to strengthen prohibitions against the bulk removal of water and to enhance current protections. The bill applies to all transboundary waters between Canada and the United States, waters that flow from Canada to the United States and rivers that flow to the United States. If I am not mistaken, the Saint-François River, in the riding of Drummond, is affected by this bill.

This bill is very important to me because water is one of the world's greatest natural resources. Water is an incredible resource. It should even be a human right. The United Nations General Assembly recognized the right to water. On July 28, 2010, the General Assembly adopted, by an overwhelming majority, a resolution recognizing the human right to water and sanitation. It is a right that is essential to human survival. It is such a fundamental right that violating it can cause death in just a few days if people do not have access to drinking water.

Canada is very rich in water, in lakes and rivers of all sizes. Our country's water should be protected by a far-sighted national water policy.

After a series of promises from the Conservatives, this bill is before us at last. However, it does not address the most likely threat to Canadian waters: the interbasin transfer of water. Those are neither boundary nor transboundary waters, but they could be linked to international waters that flow from Canada to the United States and then exported to the United States.

While Bill C-383 is a step in the right direction, it clearly does not ban all bulk exports of water. My colleague mentioned in his question that the bill has some serious weaknesses that could lead to bulk exports of water. We will continue our fight to reach our objectives. The NDP is completely opposed to bulk water exports.

Thus, we want to ensure that all surface water is protected, that any eventual water exports by tanker ships are regulated, and that NAFTA's threats to our water supply are opposed. What is needed is a coordinated plan by all provinces to establish measures that ban the removal of water in bulk. We must call for the signing of bilateral agreements that would prevent the United States from acting unilaterally to import water and would address the issue of the exemptions under the act that allow the export of bottled drinking water and other beverages.

As we can see, this would not be just a little bill about boundary waters. We want it to have a much larger scope. It would truly be a national water policy. In order to accomplish this, we need a government that really understands the importance of water to Canada. Unfortunately, the Conservative government is not demonstrating such an understanding at this time. The Conservatives prefer to act through little bills and little actions. We see that such actions are not part of a vision. The Conservatives do not have much of a vision.

When we were talking earlier about the railways, it was the same thing. It lacked vision. This bill shows that the Conservatives have no vision.

In the NDP, we have a real, overall vision of what a national water policy to prevent bulk water exports should be.

NAFTA defines water as a product. That is why that agreement has long been considered a threat to Canada's sovereignty over its water resources.

On February 9, 1999, the House of Commons adopted an NDP motion calling for an immediate moratorium on the export of bulk freshwater shipments and interbasin transfers. The motion also called on the government to introduce legislation to prohibit bulk freshwater exports and interbasin transfers. Furthermore, the motion asked that the federal government not be a party to any international agreement that compels Canada to export freshwater against its will.

It should be clear to everyone that the NDP has been working on this issue for a long time and working in this field for a long time. For many years, the NDP has called for a ban on bulk freshwater exports. The NDP has been the leading voice in this. We even have an idea for a national water strategy, which is very important.

I would also like to talk about a recent report by the Commissioner of the Environment, Mr. Vaughan. The report was released last week. And I would like to thank Mr. Vaughan again for the excellent work he has done for Canadians. He has done an excellent job as environment commissioner.

In his recent report on the environment, he said that the federal government has not done its job when it comes to shale gas. According to Environment Canada, Health Canada and the Canadian Environmental Protection Act, 1999, it is the responsibility of the federal government to ensure that health and the environment are protected against chemicals.

At present, the federal government does not require mandatory disclosure of the chemicals used by shale gas companies. This is very serious, in spite of what they would have us believe. Every year, about 600 shale gas wells use the equivalent of 360,000 Olympic swimming pools of water, all mixed with 900 Olympic swimming pools of chemicals. When they say it is just a bit of chemicals seeping into the ground and into our environment, they forget to mention that it is mixed with a huge quantity of water, and that this amounts to a huge quantity of chemicals. The federal government, the Conservative government, is failing to protect our water, because it does not require mandatory disclosure of the chemicals used in the shale gas industry.

I am very proud of the position taken by the leader of opposition, who is calling on the Conservative government to require mandatory disclosure of these chemicals. Unfortunately, the Conservative government is resting on its laurels and doing nothing about it. This is a threat to the environment and to people’s health.

In fact, the environment commissioner said that it is a violation of the Federal Sustainable Development Act, which includes the precautionary principle. The precautionary principle goes like this: when you are not sure, when you have doubts, and when there is a risk of a threat to health or the environment, you have to take precautions. If the Conservative government at least required disclosure of the chemicals, an appropriate analysis could be done and proper rules made and standards established for shale gas so that it is done in a way that is not harmful to the environment and human health. At present, we are in a complete vacuum.

I have talked a lot about shale gas in this regard because I care a lot about it. My hon. colleague’s bill does not mention this national water policy, but it is necessary. What is missing is a more comprehensive vision, a broader vision. Water is a human right recognized by the United Nations. We have to have a strong national water policy that we can use to protect our environment and human health.

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, the member and I both share a very strong love for the outdoors, including fishing. Invasive species are something our government has dealt with in a number of ways. With international shipping and so forth, species have come here in the past that have done long-term damage. We have tried to create some laws and enforcement to reduce that. There is always risk with some of these, but we have to do everything we can, not just as a government but as individuals, to continue that.

On diversions and channels, which was one of the things I talked about in my speech, everyone knows about the diversion that goes out of the south end of Lake Michigan through Chicago, which eventually goes in to the Mississippi. We have been very fortunate in our country so far to keep the infamous Asian carp out of there. Those are the types of things we have to protect against, and I think Bill C-383 will do that.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I listened carefully to my hon. colleague's speech. Bill C-383 is definitely a first step, but it is not enough.

For a long time the NDP has been asking for something much more comprehensive, a national water policy to address all aspects of water protection in Canada. Our party also wants a review of NAFTA with respect to bulk water exports.

I would like my colleague to comment on what else should be included in a national water policy.

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

moved that Bill C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act, be read the third time and passed.

Mr. Speaker, I am extremely pleased today to rise to begin third reading debate on my private member's bill, the transboundary waters protection act.

Since its introduction just over a year ago, we have had a fulsome, positive debate at second reading and again at the Standing Committee on Foreign Affairs and International Development. I thank all members of the House, and specifically those on the committee, for their contributions to the debate. I am hopeful that we will soon see the bill enacted.

The strong support that Bill C-383 has received thus far reflects the opinion of the vast majority of Canadians, who strongly oppose the bulk removal of water from Canada's freshwater basins. This is something I hear continuously from my constituents, family, friends and colleagues on all sides of the House.

This is an issue that I believe unites us as parliamentarians. Indeed, it is rare to have an issue that is so clearly one-sided in a country as large and diverse as Canada.

Canadians want to know that their federal and provincial governments will take the necessary steps to prevent bulk removals of water from ever happening. Why? Not only do bulk water removals pose a significant threat to ecosystems, but water is also an important component in the fight against invasive species. By removing a potential pathway for these species, we could help prevent the devastation these species' movement between basins could cause.

When I was before the foreign affairs committee in October, I commented that no bill was ever perfect. All along I have been open to ways in which this legislation could be strengthened, which is why I would like to briefly explain one amendment that was made to Bill C-383 in committee, an amendment that I believe makes it a strong bill. Here I refer to the addition of purpose clauses to the sections of the International Boundary Waters Treaty Act and the International River Improvements Act that contain the bulk water removal provisions. In my view these clauses clearly articulate that the purpose of these bulk water removal provisions is to prevent the potential harm these removals could cause to Canadian ecosystems and to reinforce our desire to prevent harm to the environment.

As most members know by now, Bill C-383 amends the International Boundary Waters Treaty Act to bestow on transboundary waters—those that flow across the boundary—the same protections currently in place for boundary waters, those waters that straddle the border.

Speaking of that, I live on one of the Great Lakes, and that water also borders on the United States. I know exactly where we are coming from on that.

While the provinces have laws, regulations or policies in place to prevent the bulk removal of waters from their territories, our hope is that with Bill C-383 we will enhance protections at both the federal and provincial levels. Rest assured that we will continue to work with the provinces to ensure that these waters are protected.

The second amendment provided for in Bill C-383 is an amendment to the International River Improvements Act, which prohibits the issuing of a licence for an international river improvement that would link waters that are neither boundary nor transboundary with an international river if doing so would increase the annual flow of the international river at the boundary. This specific provision would ensure that an international river is not used as a conveyance or a pathway to move water in bulk outside of Canada.

This last amendment was recommended by water experts from the program on water issues at the Munk School of Global Affairs in Toronto. In fact, testifying before the standing committee on October 25, the water experts voiced their support for Bill C-383, with one stating that:

—the goal of protecting Canada's water resources from bulk export is significantly accomplished by way of this proposed legislation.

I would like to take this opportunity to thank the Munk School experts for their role over the years in Canadian water policy debates, and especially for the assistance they have provided to me on the bill.

Next, Bill C-383 moves some definitions and exceptions from the regulations of the International Boundary Waters Treaty Act into the act itself. As has been touched upon in previous debates, moving definitions and exceptions into the act would entrench key definitions such as what constitutes the removal of water in bulk.

These exceptions would allow for the removal of water temporarily for emergency or humanitarian purposes such as firefighting, but not for commercial purposes. These exceptions are reasonable and are not inconsistent with the purpose of the bulk water prohibition. Now that these definitions and exceptions are to be moved into the body of the act, any changes would have to be approved by Parliament. This would provide members of this House with much greater oversight.

During committee consideration of Bill C-383, there was some discussion about the definition of “bulk removal”. In the bill, “bulk removal” is defined as removing water from boundary or transboundary waters and taking it outside the Canadian portion of the water basin in which it is located. If the means of diversion include canals, tunnels, pipelines or other channels, for example, any removal is prohibited. In other words, any attempt to transfer even a drop of water outside the basin of a boundary or transboundary water using a canal or some kind of channel would be prohibited. By other means, one could not take more than 50,000 litres outside the basin per day.

Some members of the committee were concerned that this would be a potential loophole in the legislation. I want to be clear that this would not be a loophole. Even though 50,000 litres seems like a large number, it is no larger than a tanker truck or average residential swimming pool. As such, this could not be considered a bulk removal, and in fact could not be considered economically feasible.

I would like also like to address another area of the bill raised at committee regarding manufactured products containing water. As the bill states, “bulk removal does not include the taking of a manufactured product that contains water...outside the water basin...”. This includes water and other beverages in bottles or containers. This is included to ensure legitimate commerce, such as the products of breweries, soft drinks, juice, or even bottled water manufacturers, is not interfered with. My goal in introducing this legislation, and I believe it is the goal of others in this House, is to remove the threat of bulk removals of water, not prevent breweries and other manufacturers from selling their fine products around the globe.

Finally, I would like to take a minute to highlight the deterrence aspect of Bill C-383. Bill C-383 proposes amendments to strengthen the enforcement authorities, fines and sentencing provisions of the International Boundary Waters Treaty Act.

These amendments include mandatory minimum fines for designated offences and increased maximum fines for all offences. For instance, violations of this act could result in a fine of up to $1 million for an individual and up to $6 million for a corporation for a first offence. In addition, these fines would be cumulative, meaning that every day the violation occurs is considered a separate violation. Fine totals could increase very rapidly. I believe that in itself would provide a strong deterrence against even contemplating violating the terms of this act.

Added to this, there would also be the potential for further fines under this act. Bill C-383 contains provisions that would allow the courts to add increased fines for aggravating factors such as damage to the environment.

As members know, my riding of Bruce—Grey—Owen Sound is nestled between Lake Huron and Georgian Bay. It is basically surrounded on three sides by waters that would come under this act. It is an area where we have some of the greatest sources of water in this country. Coming from this part of the country, I have a deep appreciation for Canada's water resources.

Although water seems abundant and everlasting, I do not, and we should not, take this resource for granted. I understand that we, as Ontarians, and we, as Canadians, must be responsible stewards of our water. I want to ensure this resource remains protected for my grandchildren, my great-grandchildren and for generations into the future. I introduced Bill C-383 in order to play a small part in protecting Canada's water.

We all agree that potential harm to Canada's water from bulk removals is too great to ignore. I urge all members of the House to vote for this measure.

[The Deputy Speaker, NDP, Joe Comartin]

The House will now proceed to the taking of the deferred recorded division on the motion to concur in Bill C-383 at report stage under private members' business.

The House resumed from November 22 consideration of Bill C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act, as reported (with amendments) from the committee.

The House proceeded to the consideration of Bill C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act, as reported (with amendments) from the committee.

Foreign Affairs and International Development

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, I have the honour to present, in both official languages, the fifth report of the Standing Committee on Foreign Affairs and International Development in relation to Bill C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act.

The committee has studied the bill and has agreed to report the bill back to the House with amendments.