Bill C-238 · 42th Parliament · Justin Trudeau
National Strategy for Safe and Environmentally Sound Disposal of Lamps Containing Mercury Act
An Act respecting the development of a national strategy for the safe and environmentally sound disposal of lamps containing mercury
Private member’s bill. Became law.
- IntroducedFeb. 25, 2016
- Debated in principleOct. 19, 2016
- Studied by a committeeDone
- Passed its first chamberJan. 31, 2017
- Passed the second chamberJune 20, 2017
- Became lawJune 21, 2017
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
50% of the text as introduced was changed or removed by the time it became law (382 words introduced, 437 passed). A committee amended it.
moderate changeintent mostly kept
The bill kept its core goal of a national strategy on mercury lamp disposal but added 'environmentally sound' language and broadened who must be consulted. It also softened obligations by changing 'develop and implement' to 'develop' and 'includes' to 'may include', while altering the listed elements.
- Expanded list of governments and added consultation requirement.
Before: “in cooperation with representatives of the provincial and territorial governments responsible for the environment and representatives from environmental groups and industry”
After: “in cooperation with representatives of the provincial and territorial governments and with representatives of other interested governments in Canada that are responsible for the environment, and in consultation with all interested persons or organizations that he or she considers appropriate”
- Changed mandatory action from develop and implement to develop only.
Before: “must develop and implement a national strategy for the safe disposal”
After: “must develop a national strategy for the safe and environmentally sound disposal”
- Replaced national standards with identification of practices and added environmentally sound wording.
Before: “the establishment of national standards for the safe disposal of such lamps”
After: “the identification of practices for the safe and environmentally sound disposal of those lamps”
How precisely it is written
mixedChallenging the law: HardDisputing a charge: Hard
The bill sets fixed calendar deadlines and tabling windows for reports but leaves the strategy's content and consultation partners to ministerial judgment. This mix of numeric timelines with open-ended discretion produces moderate precision overall.
Open to argument
“in consultation with all interested persons or organizations that he or she considers appropriate”
The phrase uses a subjective 'considers appropriate' test with no defined criteria for selecting consultees.“representatives of other interested governments in Canada that are responsible for the environment”
The term 'interested governments' is undefined and invites argument over which entities qualify.“The strategy may include”
The permissive 'may' grants complete discretion over whether any listed elements are adopted.
Clear-cut
“on any of the first 15 days on which that House is sitting after the later of December 31, 2018, and the day that is two years after the day on which this Act receives royal assent”
Specific calendar date and fixed sitting-day window create an objective filing deadline.“within 10 days after the day on which the report is tabled in Parliament”
Exact numeric period removes interpretive dispute over timing of website publication.
Discretion. Virtually all substantive decisions on strategy content, which governments and persons to involve, and what recommendations to make in later effectiveness reports are left to the Minister of the Environment.
Challenging the law itself. The Act imposes no duties on private persons and creates only internal government planning obligations, making Charter vagueness or overbreadth claims under section 7 difficult to frame.
Disputing a charge under it. No enforceable prohibitions or obligations are placed on individuals or businesses, so disputes over breach cannot readily arise.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
The evidence has not been searched yet.
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.