Natural Resources Committee on Feb. 26th, 2024

[Ted Falk, Conservative, Provencher, MB]

Okay. That's the way we vote on it.

[The Chair, Liberal, George Chahal]

Thank you.

We will now proceed to BQ-5 and new clause 18.1.

Go ahead, Monsieur Simard.

[Mario Simard, Bloc, Jonquière, QC]

In response to some of the testimony, and with a view to minimizing conflict between the parties involved in the decision‑making process, we're proposing the following new clause:

18.1 Section 31 of the Act is amended by adding the following after subsection (1): (1.1) The Regulator shall give public notice, in a manner that it considers advisable, of any fundamental decision referred to in subsection (1) as soon as practicable after notifying the Federal Minister and Provincial Minister of that decision.

This amendment reflects some of the testimony heard in our meetings regarding conflicts over use.

[The Chair, Liberal, George Chahal]

I'll go to Ms. Jones, and then I'll go to you, Mr. Angus.

Go ahead, Ms. Jones.

[Yvonne Jones, Liberal, Labrador, NL]

Thank you, Mr. Chair.

The accord acts.... That information has to be posted in the Canada Gazette. That is already public record. The offshore regulators are committed to operating transparently, and the results of their decisions must be published once they're ratified, so I really don't think it's necessary to have that particular amendment.

[The Chair, Liberal, George Chahal]

Thank you, Ms. Jones.

We'll now go to Mr. Angus.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Thank you.

Again, I may ask our expert panel here, but my understanding is that decisions made by the regulator have to be public. These are not done in secret. Is that the standard operating procedure for decisions from the regulator?

[Annette Tobin, Director, Offshore Management Division, Fuels Sector, Department of Natural Resources]

Indeed, the accord acts prescribe when certain decisions made by the regulator—fundamental decisions—have to be made public, and it follows once ministers have ratified the decision.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Okay. Thank you.

[The Chair, Liberal, George Chahal]

Thank you.

Mr. Patzer.

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Would these be things that are typically gazetted, then, as far as changes are concerned, or would these be something separate in terms of the type of notice that is given?

[Annette Tobin]

In the accord acts, there are three or four instances—I'm looking at my colleagues here who can confirm that—where they prescribe that once the decision has been ratified by ministers, it would have to be published in the Canada Gazette.

The launch of a call for bids is one of those instances. It isn't all fundamental decisions, but the practice by the boards is that once the decision is ratified by ministers, they would post that decision on their website.

[The Chair, Liberal, George Chahal]

Go ahead, Mr. Falk.

[Ted Falk, Conservative, Provencher, MB]

This would actually capture a little bit more that needs to be publicly disclosed, because you said that it isn't all fundamental decisions that are currently included.

[Annette Tobin]

I think they are published on their website.

I'm sorry. Maybe I'm not completely appreciating the question or the differentiation.

[Ted Falk, Conservative, Provencher, MB]

You just made a comment that not all fundamental decisions are publicly disclosed.

[Annette Tobin]

No, I'm sorry. They're all publicly disclosed. In some instances prescribed in the act, they're published in the Canada Gazette, so they would be gazetted plus posted on the board's website. However, there are other decisions that the act doesn't require to be gazetted, and they are published on the board's website.

[Ted Falk, Conservative, Provencher, MB]

Okay. Thank you.

[The Chair, Liberal, George Chahal]

Thank you.

We'll go back to Mr. Patzer, and then to Mr. Simard.

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

I guess my question is more for Mr. Simard.

Is the intent to broaden what is deemed...or just how many things are considered fundamental? Are you trying to get more things listed as fundamental? What's the intent? Could you just explain the intent behind it again?

[The Chair, Liberal, George Chahal]

Thank you, Mr. Patzer.

We'll go to Mr. Simard.

[Mario Simard, Bloc, Jonquière, QC]

I'll respond to my colleague with a question.

You said that regulators already publish major decisions in keeping with the accord acts.

However, are they required to do so?

Could the government decide on its own not to publish certain major decisions?

[Annette Tobin]

In my experience—in what I have seen in working in this space—fundamental decisions that come to ministers for ratification always get posted to the board's website following those decisions.

[Mario Simard, Bloc, Jonquière, QC]

I'll be more specific.

Do any provisions of Bill C‑49 require the minister to do this?

[Annette Tobin]

For the minister to do it...? I'm sorry. It's the regulator.