Posts Tagged ‘Bill C-38’

Indigenous rights and the duty to consult

January 31st, 2013 by Paula Boutis and Jessica Weizenbluth

On January 8, 2013, Frog Lake First Nation and Mikisew Cree First Nation, through their respective Chiefs, launched judicial review cases in the Federal Court. They are challenging the passage of the now infamous federal government omnibus budget bills, Bill C‑38 (Jobs, Growth and Long‑term Prosperity Act, S.C. 2012, c. 19); and Bill C‑45 (Jobs and Growth Act, 2012, S.C. c.31).

Other Canadians who may oppose these bills can only express their displeasure with them at the ballot box. With Canada’s first‑past‑the‑post electoral system, and a significant fracturing of the centre and centre‑left, it seems like an uphill battle for the rest of the country to challenge these laws, widely considered to be anti‑democratic. For all the efforts of multiple environmental organizations and the actions of the opposition in the House of Commons (perhaps most poignantly, member of Parliament Elizabeth May), there’s not a whole lot the rest of us can do.

Enter, First Nations.


Bill C‑38 creates open season on Canada’s natural environment

June 8th, 2012 by Paula Boutis and Laura Bowman

On April 26, 2012, the federal government tabled Bill C-38, the 2012  Budget Bill.  The Bill was reviewed before the Standing Committee on Finance which just released its report recommending that part 3 of the Bill be carried as written.  Part 3 of Bill C-38 contains several significant changes to federal environmental legislation, including:

  • the Canadian Environmental Assessment Act,
  • the National Energy Board Act,
  • the Canadian Oil and Gas Operations Act,
  • the Nuclear Safety and Control Act,
  • the Fisheries Act,
  • the Canadian Environmental Protection Act and
  • the Species at Risk Act.

Here we describe highlights of the two most important legislative changes, to CEAA and the Fisheries Act.

Continue reading “Bill C‑38 creates open season on Canada’s natural environment”

Iler Campbell Supports the Black Out Speak Out Campaign

June 1st, 2012 by Iler Campbell LLP

We’ve joined millions of Canadians to speak out in defence of two core Canadian values: Nature and Democracy.

Our land, water and climate are all threatened by the latest federal budget. Proposes changes in the budget bill will weaken environmental laws and silence the voices of those who seek to defend them.

On June 4th, we will black out our website and blog in support of the Black Out Speak Out campaign.

Be sure to visit the campain website to learn about what this bill will mean if it’s passed.

If you’ve been following our blog you’ll already have read about a number of the issues including how changes to the Income Tax Act will restrict charities’ political activities, and how proposed changes to fish habitat provisions of the Fisheries Act will impact fish species.

Please join us in supporting this campaign.

Learn More

Changes to the Income Tax Act will restrict charities’ political activities

May 15th, 2012 by Paula Boutis

On April 26, 2012, the federal government introduced Bill C‑38, which contains proposed changes to the Income Tax Act (Canada) (ITA) affecting charities and how political activities are to be accounted for, in the context of a gift from one charity to another.

We provide a brief summary of the current legislative provisions, the proposed changes, and the impact of the changes on charitable foundations and organizations.
Continue reading “Changes to the Income Tax Act will restrict charities’ political activities”