C-271 – The St. Lawrence River Capacity and Protection Act – designates the St. Lawrence River a natural person, giving it legal rights.
The idea here is to give the River the right to take legal action against anyone that harms its biodiversity or jeopardizes its right to exist. It looks like other countries, including Mexico and New Zealand, have started granting legal rights to natural features and this Act follows that example. An important note here is that C-271 won’t apply in the case of recreational activities such as fishing.
St. Lawrence River Protection Committee
The St. Lawrence River Protection Committee is created to manage any legal actions taken on behalf of the River.
The Committee will consist of eleven members, chosen as follows:
- Two members chosen by the Government of Ontario
- Two chosen by the Government of Quebec
- Two chosen by relevant Indigenous governments of Ontario
- Two chosen by relevant Indigenous governments of Quebec
- Three chosen by relevant non-governmental organizations
Each member must have expertise in managing waterways and their ecosystems. Appointments last seven years unless the feds decide they need to be fired with cause, and can be renewed. The Chairperson for the committee will be chosen by the feds from the members representing the Indigenous governments.
The Committee will act as the River’s representative and exercise its rights in its best interest. Their duties will include:
- Raising public awareness of the river
- Speaking on behalf of the River during any consultations, public hearings, or environmental impact assessments for projects that could impact it
- Acting as the River’s agent before the courts
- Communicating with relevant public authorities in the event of real or potential damage
- Presenting recommendations to the Minister of the Environment on ways to protect or restore the waters of the River
- Act to mitigate any damage done to the River and to restore its ecosystems
- Propose concrete measures to guarantee access to the River for communities and tourists
- Participate in implementing programs for managing and conserving the River and its ecosystems
Any money awarded to the committee in court defending the River will need to be invested in protecting and restoring the River.
Finally the committee will need to prepare an annual report on their activities and any legal actions they take.
Progress of C-271
C-271 is currently outside of the Order of Precedence.