We should start by mentioning that the policy objective behind the amendment proposed in Bill C-16 is not to remove discretion from the judge; rather, it is meant to add a level of accountability to the process of allocation of funds. It's our intention to amend the EDF policy once the bill comes into force. This would be to ensure that where a judge has made a recommendation, priority would be given to the EDF funds directed towards that organization, pending its ability to demonstrate that it can spend the money on the intended project and in the intended timeframe.
There have been rare instances in which organizations have become insolvent or are incapable of spending the funding. When that situation arises, the funds sit in limbo. Although that doesn't happen in the majority of cases, the bill's amendments were aimed at ensuring that the funds would be spent on environmental restoration.