Sure. Let's start with proposed paragraph 14(5)(b). As you point out, the context of this is it provides an exception to the discretion the minister has to refer to an EA a project that is not on the designated project list. The change from “would” to “could” has the effect of broadening the exception.
My approach to the section is, given how short the list of designated projects is and given that these are early days of applying the new act, I would like the minister to have fairly broad discretion to add projects that really should be assessed that were not on the designated project list.
When I see a change to proposed paragraph 14(5)(b) that would appear to limit that discretion, I don't view it favourably. I think changing the word “would” to “could” limits the discretion of the minister to require an assessment of a project that is not on the designated project list.