Thank you, Madam Chair.
As you can tell, this is not intuitive to read because it talks about replacing lines and other lines. Let me explain the rationale of what this is doing. Again, this is based on advice from West Coast Environmental Law, in this case, dealing with what I think a lot of witnesses certainly agreed was an excess of ministerial discretion.
The exercise of discretion here in proposed section 31 is the minister's discretion to substitute another process and working with another level of jurisdiction. What the amendment that I'm proposing does is to tighten up and provide more guidance to the exercise of ministerial discretion, by removing the words “subject to sections 32 and 33” and instead saying, “if the minister is of the opinion for the process”.
Then, further down, I suggest inserting the conditions that are found in proposed section 33 in a more mandatory fashion. It becomes a condition baked into proposed section 31 on the exercise of the minister's discretion to substitute, so that the project meets the conditions set out in proposed section 33. It's a tightening up of discretion.