Thank you very much, Mr. Chair.
I do have a question, but I want to put my entire comments to Mr. McGuinty beforehand, before I have an answer. I'm very curious as to why refineries were excluded or any particular section was excluded.
I will say, first of all, if I didn't bring forward a challenge on the basis of a royal recommendation you'd be distraught over that, so I do challenge the admissibility of this on that basis and I want to go into an argument as to why.
Specifically, I am also surprised, and would be very surprised if the member from the NDP would support this, because proposed section 103.01 should in fact say, especially the vulnerable members of society and Canadians living in the north but not in case of economic hardship or if you live in Toronto or the oil sands because you don't deserve clean air.
I am quite concerned with that, because I think that all Canadians, no matter where they live, deserve the same quality of clean air. To suggest that some in one particular airshed should receive a lesser—or have us as parliamentarians achieve a goal towards a lesser air quality in one particular area of Canada than the other seems to me to be a constitutional question at the very least, but certainly one that I don't think any parliamentarian could support. This particularly applies in relation to proposed paragraph 103.02(3)(c): “the fair treatment of the person as regards the person's economic growth compared with the applicable average sectoral economic growth”. I am concerned with that particular proposed paragraph.
Proposed subsection 103.02(6) requires the minister to issue “a carbon permit pursuant to regulations made under paragraph 94.1(1)(a)”. Since the minister is required to issue, I can't see how that this would not need a royal recommendation.
Also, the minister is required to “prepare a Climate Change Plan that includes”, and it goes on to talk about what it includes. One of those measures that it does suggest to include is—and I would refer you to proposed subparagraph 103.03(1)(a)(iii)—“spending or fiscal measures or incentives”, which of course would require a royal recommendation.
Then according to proposed section 103.04, which is punched out but on the next page, “Within six months after the coming into force of this section, the Minister shall, in consultation with other departments…develop a reliable methodology for estimating and auditing…”. Again this suggests, in my opinion, a royal recommendation.
Then, to geographically, as I said, divide Canada into zones because Canadians in one part of Canada deserve less of air quality than the other seems preposterous.
Again, with respect to proposed subsections 103.07(3) and 103.07(4), I would suggest both require a royal recommendation. In particular, proposed subsection 103.07(7), which I referred to, regarding “severe economic hardship” and proposed subsection 103.07(8) on the requirement of the minister to “monitor” would both require a royal recommendation.
On those bases and the basis that I think all Canadians should be treated fairly, I would suggest that this amendment should be challenged.
Finally, the biggest issue I have with this is that the large industrial emitters would receive administrative authority that would and could be executed in an unfair or arbitrary manner. I think it should be left to regulations in relation to that. Certainly regulations would entitle all Canadians, all industries, and all commercial activities to fairness. At the very least, I suggest it would be unconstitutional.