Thank you.
This clause clearly differs from the Environmental Bill of Rights in Ontario and CEPA because it does not indicate that the action is in any way delayed, stayed, or prevented by anything the government might do. In the CEPA case, the Minister of the Environment is first asked to conduct an investigation, and either responds unreasonably or fails to conduct an investigation within a reasonable time.
I don't have a full copy of that section. I only have a summary of it, but quite frankly I don't see the ten-day thing that Ms. Duncan was referring to. I only see the failure to conduct an investigation within a reasonable time being required before the plaintiff can proceed with an investigation. In the Ontario Environmental Bill of Rights there must be a similar unreasonable result or failure to conduct an investigation before the action can proceed.
Again, while the intent of this particular amendment is moving in the right direction, it doesn't prevent a lawsuit or really give an adequate opportunity for the government to take investigative measures to prevent a lawsuit. A lawsuit may still go ahead. The government is made aware of it, and I suppose may engage itself at some additional legal cost to intervene in it.