Thank you, Mr. Chair.
Again, this is a real life situation where I think the drafters weren't sufficiently cognizant of the ways in which the language could offend first nations. While that was not the intent of the language, what they've forgotten is that when you're on that territory and you're dealing with an abandoned pipeline, the authorities that are being exercised under proposed subsection 48(1.2) down to the end of that subsection end up creating a situation in which first nations could find themselves prohibited from doing things on their territory that would otherwise make sense, such as if they found themselves making contact with an abandoned pipeline. The authorities that would then be exercised against a first nation would actually be contrary to the constitution as well as numerous other potential treaty laws, depending on where the pipeline is found and what the status of that first nations territory is, whether under treaty, recognition of title, or still in the process of a recognition of title.
So, since the current subsections 48(1.1) and 48(1.2) authorize a company or any third party to “take any action or measure that they consider necessary” to protect an abandoned pipeline, it could set up a situation of conflict which is completely unnecessary.
Therefore, the effect of this amendment, PV-4, would be to eliminate the three clauses that would have that unintended effect.