Sure.
There are two parts to this, new proposed subsection 330(3.1) and new proposed subsection 330(3.2). The first part, (3.1), reverts word for word to what's in CEPA now in terms of the authority to establish regulations that set different standards within different geographic parts of Canada, based on health and environmental considerations.
The rationale is that, as discussed in previous committees, in order to achieve consistent environmental or health quality across Canada, it may be appropriate to set different emissions standards or other regulations.
As an example, air quality in the Toronto-Windsor corridor is worse than air quality in the Yukon. So it may be appropriate--this doesn't require anything, but it may be appropriate--that an emitter in the Toronto-Windsor corridor be subject to a more stringent emission regulation than the same emitter in the Yukon in order to achieve the same outcome of environmental or health quality.
This amendment wouldn't change that at all; same wording, as I read it.
New proposed subsection 330(3.2) is a slight modification to the provisions in Bill C-30, going beyond the current authority to establish geographically differentiated regulations and allowing the government to differentiate among regulatees on other grounds, including, for example, the age of a facility.
As an example, it may be appropriate--again, not necessary, but may be appropriate--to say in a regulation that a new electricity generating plant shall be subject to standard A, whereas an existing electricity generating plant should be subject to a slightly less rigid standard, and be given x number of years to come up to the more stringent standard. That would simply be recognizing the economic reality that some of the investments required to improve air quality may be significant.
Again, there's no requirement to have that type of differentiation; it simply would authorize that type of differentiation. And CEPA does not currently authorize that type of regulation. That didn't cause us a problem when we were regulating, over the past 15 years, emissions of toxic substances. Now that we're entering the world of regulating criteria air contaminants in greenhouse gases, which in many cases involves regulating basic combustion processes, we're talking about affecting major pieces of capital equipment. Again, it may be appropriate to have some differentiation based on things like age or technology.
So that's the rationale for the Bill C-30 provision. The Liberal provision is simply a corrective to make sure that this new authority lines up with the new regulatory provisions that have been created as a result of the amendments passed in the previous couple of days.
That's my explanation of what's going on.
I would beg your indulgence, Mr. Chair, and point out three technical problems, simply drafting problems.
First, I believe the reference to subsection “94(1)” should be “94.1(1)”.
Second, halfway down the page, you refer to “in the opinion of the Governor in Council”. Some of the regulatory authority that has been established would be ministerial regulatory authority. Thus, it should say “in the opinion of the Governor in Council or ministers, as the case may be”.
Finally, to be consistent with the first line, which says “A regulation or instrument”, the fifth-last line should say “For the making of a regulation or instrument”.
Those corrections are just for consistency. They wouldn't substantively change anything.