I think some debate on this is important, Chair.
We have grave concerns about clauses 38 all the way through 41. When this act was released back in November, and through December, we had great caution, and then subsequently we heard from a number of witnesses about the impacts of repealing schedule 1 in the act. I wouldn't mind hearing from Mr. Moffet on this as well, and I suspect other members of Parliament around the table...particularly those who are involved in the CEPA review right now, on the importance of schedule 1 and the importance of being able to define greenhouse gases under this schedule, because schedule 1 allows the government to do a certain number of things. It calls upon the government to do a certain number of things.
One of the primary concerns with this—and we appreciate what the government is attempting to do—is that it opens up, as some witnesses have told us, the potential for litigation, that the issue around CEPA and around schedule 1 has been brought to the Supreme Court. One of the justices in part of that ruling has since retired and indicated to this committee that reopening that debate opens up the chance for potential further litigation. This is not to suggest that most companies and industries dealing with the law would seek litigation, but there are always actors unwilling to do the right thing or to change some of their practices, and as such they will press for litigation knowing that these things, particularly when you need to go to the Supreme Court level, will take a number of years. During that time, essentially nothing will happen, because the law is under review and being appealed to the court.
While the government may have had some noble intentions in this, we believe, and we heard from witnesses as well, this would be the wrong course of action. So we will be voting strongly against this and would appeal to other members of the committee to do the same, and not, through trying to do something positive, unleash something that could be very detrimental even if it was unintended.