Legislative Tool-kit for Canada: Your Guide to the Legislative Process

1. ASLO Policy Tool-kit for Canada A guide through the legislative process Resources to help you keep up with legislative happenings Tips on how to get involved Supplementary information Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

2. I. Three Branches of Government in Canada • Legislative • Elected Member of Parliament (MP) at the federal level and Member of Legislative Assembly (MLA) at the provincial level. • The legislative bodies pass lawsthat pertain to water resources. • Executive • Government departments, headed by a Minister • Administer and enforce laws. • Judicial • Interpret laws. Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017 Photo credit: Wikimedia Commons

3. I. Constitution Act of 1867: division of power between Federal and Provincial governments and shared jurisdiction over water in Canada  Federal s.91 water powers includes • 91(10) Navigation and shipping • 91(12) Sea coast and inland fisheries • 91(24) Indians and lands reserved for Indians • 91(27) Criminal law Provincial s.92 water powers includes • 92(5) The management and sale of the public lands belonging to the Province and of the timber and wood thereon • 92(8) Municipal institutions • 92(10) Local works and undertakings • 92(13) Property and civil rights • 92(16) Matters of a merely local or private nature • 92(A) Laws regarding non- renewable natural resources, forestry resources and electrical energy * No one level of government is supreme and thus, federal and provincial governments can each pass legislation that regulates the same water. Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

4. I. Legislation (statutes) in Canada Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

5. I. Federal legislative Process: How a Bill Becomes Law Policy proposal by Government Minister Cabinet committee [Approval -> draft bill -> Approval] Parliament 1st reading [Senate/House of Commons] -> bill printed *2nd reading [witnesses and experts, amended according to feedback] 3rd reading -> sent to Senate *2nd reading: Same House of Parliament. This stage is important because when the bill is in ‘Consideration in Committee’ it may summon witnesses and experts to provide feedback (relevant information and assistance with improving the bill). Source: http://guides.library.queensu.ca/gov/canada/federal/how-a-bill-becomes-a-law **This is a very brief overview. For more detailed information please consult the links in the ‘Supplemental Information II’ slide! Royal Assent In Force [different sections may come into force at different times] Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

6. II. Resources to Help You Keep Up with Legislative Happenings in Canada • Government of Canada consultation portal: https://www1.canada.ca/consultingcanadians/ • Canada Gazette (current consultations): http://www.gazette.gc.ca/consult/consult-eng.html#i1 • Canadian Environmental Protection Act (CEPA) • CEPA Environmental Registry: https://www.ec.gc.ca/lcpe-cepa/ • Public consultations: https://www.ec.gc.ca/lcpe-cepa/eng/participation/default.cfm • To search bills currently before Parliament. You will need to know the bill number or title to use this resource: http://www.parl.gc.ca/LegisInfo/Home.aspx?Language=E&Mode=1&ParliamentSession=42-1 • Live streaming of the House of Commons proceedings and public committees: http://parlvu.parl.gc.ca/XRender/en Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

7. II. Information About Acts Related to Aquatic Resources (please note that many aquatic issues fall under Provincial jurisdiction and therefore will be covered by Provincial Acts and Regulations) Canada's Water Infostream is a hub from which to access Acts and Regulations related to water resources in all the Provinces and Territories. Simply select the Province or Territory of interest and scroll down to 'Legislation, Regulation and Policies’: http://www.canadaspremiers.ca/infostream/en/ Canadian Legal Information Institute (CanLii) database contains information about all the statutes and regulations for Provinces and Territories. Choose a Province or Territory, click on ‘Statutes and Regulation’ under ‘Legislation’ and browse through the list alphabetically, or enter the required information in the search boxes: https://www.canlii.org/en/ Federal Consolidated Acts are all available in one place in this section of the Government of Canada website: http://laws-lois.justice.gc.ca/eng/ Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

8. II. Media Sources (not an exhaustive list) • The Hill Times: https://www.hilltimes.com/ • CBC News: http://www.cbc.ca/news/canada • The Globe and Mail: http://www.theglobeandmail.com/ • Macleans, national weekly current affairs magazine: http://www.macleans.ca/ • Given the power Provincial Governments have over water resources, it may be prudent to browse your province’s newspapers for any water-related policy issues. Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

9. III. Getting Involved Contact your representatives • This is the first step in getting involved, as it is generally most effective to contact your own MP: http://www.parl.gc.ca/Default.aspx?Language=E Environmental Petitions • If you wish to express your concern about an environmental issue, use this tool to bring it to the attention of the federal government. This process is a result an amendment to the Auditor General Act. • Unlike other public petitions, this does not require multiple signatures and can be in the form of a simple letter. • The petition process is outlined here and includes a template: http://www.oag-bvg.gc.ca/internet/English/pet_lp_e_930.html • More information about environmental petitions: http://www.oag-bvg.gc.ca/internet/English/pet_fs_e_919.html Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

10. III. Getting Involved Submit a Brief • A brief is a written submission. When should you submit one? When a subject is being studied by a parliamentary committee and you have opinions, comments, and recommendations on the matter at hand. Here’s a guide to writing and submitting briefs: http://www.parl.gc.ca/About/House/WitnessesGuides/guide-brief-e.pdf Request to appear before a committee • If you wish to appear before a committee, email the committee clerk. Be sure to explicitly state your area of expertise and specific interests. Try to submit the request as quickly as possible because the list of witnesses is generally established at the beginning of the study. You will find the contact information for all the Parliamentary Committees here: http://www.parl.gc.ca/Committees/en/ContactUs Appear before a committee • When a matter is under consideration, committees often solicit consultations on the subject. If you have received an invitation to appear, consult this guide as you prepare for your appearance: http://www.parl.gc.ca/About/House/WitnessesGuides/guide-witness-e.pdf Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

11. III. House of Commons Committees (relevant to water and/or science) • Standing Committee on Agriculture and Agri-Food (AGRI): http://www.parl.gc.ca/Committees/en/AGRI • Standing Committee on Environment and Sustainable Development (ENVI): http://www.parl.gc.ca/Committees/en/ENVI • Standing Committee on Fisheries and Oceans (FOPO): http://www.parl.gc.ca/Committees/en/FOPO • Standing Committee on Indigenous and Northern Affairs (INAN): http://www.parl.gc.ca/Committees/en/INAN • House Committee on Industry, Natural Resources, Science and Technology (INDU): http://www.parl.gc.ca/Committees/en/INDU • Standing Committee on Natural Resources (RNNR): http://www.parl.gc.ca/Committees/en/RNNR • Standing Committee on Transport, Infrastructure and Communities (TRAN): http://www.parl.gc.ca/Committees/en/TRAN Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

12. III. Senate Committees (relevant to water and/or science) • Standing Committee on Agriculture and Forestry (AGFO): https://sencanada.ca/en/committees/agfo/ • Standing Committee on Aboriginal Peoples (APPA): https://sencanada.ca/en/committees/appa/ • Standing Committee on Energy, the Environment and Natural Resources (ENEV): https://sencanada.ca/en/committees/enev/ • Standing Committee on Fisheries and Oceans (POFO): https://sencanada.ca/en/committees/pofo/ • Standing Committee on Social Affairs, Science and Technology (SOCI): https://sencanada.ca/en/committees/soci/ Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

13. IV. Some Important Federal Acts (related to water) • Fisheries Act • Oldest piece of environmental legislation is Canada, a version of this Act has existed since 1868. The real power of this Act is that its mandate extends beyond protecting just fish. Significant changes made in 2012 (omnibus Bill C-45). • Canada Water Act • Contrary to what the title may suggest the main purpose of this Act is to allow federal and provincial governments to enter into agreements dealing with water resources. • Canadian Environmental Protection Act • Main purpose is prevention and management of risks from toxins, and manage impacts of human products on the environment. Significant changes made in 2012 (omnibus Bill C-45). • Canadian Environmental Assessment Act • Focuses on assessing the impacts of projects/activities on areas of federal jurisdiction. Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

14. IV. Some Important Federal Acts (related to water) • Navigation Protection Act • Prohibits certain activities through and across navigable waters. Formally known as the Navigable Waters Protection Act, significant changes made in 2012 (omnibus Bill C-45). • Species at Risk Act • Purpose is to prevent extinction of wildlife species, recovery of extirpated, endangered, threatened species, and manage species of special concern. • Canada National Parks Act • Establishment of national parks in Canada. • International Boundary Waters Treaty Act • Gives effect to the Boundary Waters Treaty between Canada and US. Prohibits obstructions without a license, and bulk water removals/diversions. Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

15. IV. Basic model of an Act • Interpretation (definitions, includes ‘Minister’ in charge) • Statement of purpose • Scope of application • Enforcement power (explicit statement that government has power to act) • Exemptions • Offences • Regulation making process (may include: government has authority to pass legislation about related issues) Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017

16. IV. More Information About the Legislative Process • Bills can be introduced in either the House of Commons (Bills starting with C-) or in the Senate (Bills starting with S-). Bills related to government spending or taxes must be introduced in the House of Commons. • From government policy to proclamation (legislative process, 5-pages): http://www.lop.parl.gc.ca/content/lop/ResearchPublications/prb0864-e.pdf • Legislative process (very detailed): http://www.parl.gc.ca/About/House/Compendium/web-content/c_g_legislativeprocess-e.htm Tool-kit prepared for ASLO by Lushani Nanayakkara in May/2017