Content of Bill
Part 1 of this enactment "implements certain income tax measures and related measures proposed in the March 29, 2012 budget." Other sections of C-38 amend the *''Income Tax Act'' *''Excise Tax Act'' *''Environmental Violations Administrative Monetary Penalties Act'' *''National Energy Board Act'' *''Canada Oil and Gas Operations Act'' *''Nuclear Safety and Control Act'' *''Fisheries Act'' *''Canadian Environmental Protection Act 1999'' *''Species at Risk Act'' *''Trust and Loan Companies Act'' *''Bank Act'' *''Cooperative Credit Associations Act'' *''Northwest Territories Act'' *''Nunavut Act'' *''Yukon Act'' *''Financial Administration Act'' *''Department of Human Resources and Skills Development Act'' *''Parks Canada Agency Act'' *''Trust and Loan Companies Act'' *''Insurance Companies Act '' *''National Housing Act '' *''Canada Mortgage and Housing Corporation Act'' *''Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act'' *''National Housing Act'' *''Bretton Woods and Related Agreements Act'' *''Canada Health Act'' *''Canadian Security Intelligence Service Act'' *''Currency Act'' *''Federal-Provincial Fiscal Arrangements Act'' *''Fisheries Act'' *''Food and Drugs Act'' *''Government Employees Compensation Act'' *''International Development Research Centre Act'' *Canada Labour Code *''Environmental Violations Administrative Monetary Penalties Act'' *''Old Age Security Act'' *''Seeds Act'' *''Statutory Instruments Act'' *''Investment Canada Act'' *''Customs Act'' *''Railway Safety Act'' *''Canadian International Trade Tribunal Act'' *''Health of Animals Act'' *''Canada School of Public Service Act'' *''Corrections and Conditional Release Act'' *''Coasting Trade Act'' *''Status of the Artist Act'' *''National Round Table on the Environment and the Economy Act'' *''Telecommunications Act'' *''Employment Equity Act'' *''Employment Insurance Act'' *''Customs Tariff'' *''Canada Marine Act'' *''First Nations Land Management Act'' *''Canada Travelling Exhibitions Indemnification Act'' *''Canadian Air Transport Security Authority Act'' *''First Nations Fiscal and Statistical Management Act'' *''Canadian Forces Members and Veterans Re-establishment and Compensation Act'' *''Department of Human Resources and Skills Development Act'', to add powers, duties and functions that are substantially the same as those conferred by the Department of Social Development Act *''Wage Earner Protection Program Act'' *''Immigration and Refugee Protection Act'' *''Budget Implementation Act 2008'' *''Shared Services Canada Act'' *''Assisted Human Reproduction Act'' C-38 dissolves the Public Appointments Commission and its secretariat and dissolves the Canadian Artists and Producers Professional Relations Tribunal and transfer its powers and duties to the Canada Industrial Relations Board. C-38 implements the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009. C-38 repeals the ''Sections of Bill Challenged by Opposition
Bill C-38 Changes Clearing the Way for Resource Extraction:''Canadian Environmental Assessment Act''
"Environmental effects" under the "new CEAA will be limited to effects on fish, aquatic species under the ''Species at Risk Act'', migratory birds. A broader view of impacts is limited to: federal lands, Aboriginal peoples, and changes to the environment "directly linked or necessarily incidental" to federal approval (May 2012)."Canadian Environmental Assessment Agency
The Agency will have 45 days after receiving an application to decide if an assessment is required. Environmental assessments are no longer required for projects involving federal money. The Minister is given wide discretion to decide. New "substitution" rules allow Ottawa to download EAs to the provinces; "comprehensive" studies are eliminated. Cabinet will be able to over-rule decisions. A retroactive section sets the clock at July 2010 for existing projects (May 2012).''Canadian Environmental Protection Act''
The present one-year limit to permits for disposing waste at sea can now be renewed four times. The three- and five-year time limits protecting Species at Risk from industrial harm will now be open-ended (May 2012).''Kyoto Protocol Implementation Act''
"This legislation, which required government accountability and results reporting on climate change policies, is being repealed (May 2012)."''Fisheries Act''
Senator Angus Cowan at the 1st Session, 41st Parliament (June 21, 2012) expressed his concerns. "There are a number of proposed changes to the ''Fisheries Act'' that are causing deep concern among Canadians. The bill amends the act to limit fish protection to the support of "commercial, recreational and Aboriginal fisheries." Protection of fish habitat is relegated to a vastly lower priority — something that caused those four former fisheries ministers, in their words, "especial alarm." Cowan also expressed dismay at the closure of Experimental Lakes Area. According to Elizabeth May, In 2012 the Government of Canada closed the Department of Fisheries contaminants program and Dr. Peter Ross and 55 of his colleagues across Canada. Dr. Peter Ross was Canada's only marine mammal toxicologist. Along with his team, they spent 15 years studying "the increasing levels of toxins in oceans and in animals like the killer whale."''Navigable Waters Protection Act''
"Pipelines and power lines will be exempt from the provisions of this Act. Also, the National Energy Board absorbs the '' Navigable Waters Protection Act'' (NWPA) whenever a pipeline crosses navigable waters. The NWPA is amended to say a pipeline is not a "work" within that Act (May 2012)."''National Energy Board Act''
The '' National Energy Board Act'' was changed so that, "NEB reviews will be limited to two years – and then its decisions can be reversed by the Cabinet, including the present''Species at Risk Act'' (SARA)
The ''''Parks Canada Agency Act''
"Reporting requirements are being reduced, including the annual report. 638 of the nearly 3000 Parks Canada workers will be cut. Environmental monitoring and ecological restoration in the Gulf Islands National Park are being cut (May 2012)."''Canadian Oil and Gas Operations Act''
The '' Canadian Oil and Gas Operations Act'' was "changed to exempt pipelines from the '' Navigational Waters Protection Act'' (May 2012)."''Coasting Trade Act''
The '' Coasting Trade Act'' was changed to promote seismic testing allowing increased off-shore drilling (May 2012)."''Nuclear Safety Control Act''
The '' Nuclear Safety Control Act'': "Environmental Assessments will be moved to the''Canada Seeds Act''
The '' Canada Seeds Act'': This is being revamped so the job of inspecting seed crops is transferred fromAgriculture Affected
"Under the '' Prairie Farm Rehabilitation Act'', publicly owned grasslands have acted as community pastures under federal management, leasing grazing rights to farmers so they could devote their good land to crops, not livestock. This will end. Also, the Centre for Plant Health in Sidney, BC, an important site for quarantine and virus-testing on plant stock strategically located across the Salish Sea to protect BC's primary agricultural regions, will be moved to the heart of BC's fruit and wine industries (May 2012)."National Round Table on the Environment and the Economy
The National Round Table on Environment and Economy (NRTEE), was closed down by Bill C-38. "The NRTEE brought industry leaders, environmentalists, First Nations, labour, and policy makers together to provide non-partisan research and advice on federal policies. Its demise will leave a policy vacuum in relation to Canada`s economic development (May 2012)."Water Programs
Environment Canada is "cutting several water-related programs and others will be cut severely, including some aimed at promoting or monitoring water-use efficiency (May 2012)."Wastewater Survey
The Municipal Water and Wastewater Survey, the "only national study of water consumption habits, is being cut after being in place since 1983 (May 2012)."Monitoring Effluent
Environment Canada'sCitations
References
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*{{citation , url=http://elizabethmaymp.ca/parliament/legislative-amendments/2012/06/09/amendments-to-bill-c-38 , title=Amendments to Bill C-38, date=June 9, 2012, website=Elizabeth May, publisher=Green Party of Canada , archive-url=https://web.archive.org/web/20120618075437/http://elizabethmaymp.ca/parliament/legislative-amendments/2012/06/09/amendments-to-bill-c-38/ , archive-date=2012-06-18 , url-status=dead 41st Canadian Parliament Indigenous politics in Canada Canadian federal legislation 2012 in Canadian politics 2012 in Canadian law Omnibus legislation