Bill Detail
An Act to enact the Canadian Environmental Bill of Rights and to make related amendments to other Acts
This enactment enacts the Canadian Environmental Bill of Rights, which provides that every person residing in Canada has the following rights:
the right to a healthy and ecologically balanced environment;
the right to reasonable, timely and affordable access to information regarding the environment;
the right to effective, informed and timely public participation in decision-making regarding the environment, including in relation to any Act of Parliament respecting the environment and any environmental policy of the Government of Canada;
the right to bring a matter regarding the protection of the environment before courts or tribunals; and
the right to request a review of any Act of Parliament respecting the environment, any instrument made under such an Act or any environmental policy of the Government of Canada.
The enactment imposes corresponding obligations on the Government of Canada to take all reasonable measures to give effect to the rights conferred.
The enactment also provides for an application by a person residing in Canada for an investigation by the responsible Minister of an offence under any Act of Parliament respecting the environment other than the Canadian Environmental Protection Act, 1999. In addition, it provides for an environmental protection action to be brought by a person in respect of such an investigation as well as an environmental protection action to be brought by a person against a person who has contravened or is likely to contravene an Act of Parliament respecting the environment if certain conditions are met.
The enactment amends the Auditor General Act to allow petitions for the review of any Act of Parliament to be made respecting the environment, any instrument made under such an Act or any environmental policy of the Government of Canada.
The enactment amends the Federal Courts Act to allow an application for judicial review to be made by a person not directly affected by the matter in respect of which relief is sought if certain conditions are met, including the condition that the matter relate to the protection of the environment.
Finally, this enactment also amends the Canadian Bill of Rights to provide that the right of the individual to life, liberty and security of the person includes the right to a healthy and ecologically balanced environment.