Environment Committee on May 22nd, 2018

[The Chair, Liberal, Deb Schulte]

Okay. Shall the amendment carry?

[Ed Fast, Conservative, Abbotsford, BC]

I'd like a recorded vote, please.

(Amendment negatived: nays 5; yeas 3)

[The Chair, Liberal, Deb Schulte]

Now we're on LIB-57.1. It's new. It's being distributed, so take a quick look.

[Ed Fast, Conservative, Abbotsford, BC]

Do we deal with NDP-57 or LIB-57.1?

[The Chair, Liberal, Deb Schulte]

No, this one comes ahead.

[Ed Fast, Conservative, Abbotsford, BC]

It does?

[The Chair, Liberal, Deb Schulte]

This is about adding something after line 8 on page 59, and the other one is about line 24, so we're going to do this one first.

Go ahead, Mr. Aldag.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

This amendment is a new one. It clarifies the minister's regulation-making powers in the two areas that are specified.

The first is that it allows the agency to prescribe the form and format of the information submitted to the agency. This is a very key part of the theme of openness and transparency that we're trying to bring through this bill. The second part of it clarifies that the agency may prescribe the circumstances under which timelines will be suspended.

[The Chair, Liberal, Deb Schulte]

Do you have a question?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

What's the difference in proposed paragraph (c) from what it is now?

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Just give me a second to look at it.

[The Chair, Liberal, Deb Schulte]

This replaces lines 12 to 14 on page 59.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Is it the last part of the paragraph? What does that mean: “respecting circumstances”?

You're adding:

and respecting circumstances, in relation to an activity, in which a time limit may be suspended;

What the heck does that mean?

[The Chair, Liberal, Deb Schulte]

One says, “activities in respect of which time limits may be suspended”, and the other one says, “any activity in respect of which a time limit may be suspended and respecting circumstances, in relation to an activity, in which a time limit maybe suspended”. It's a bit of a clarification on proposed paragraph (c).

[Linda Duncan, NDP, Edmonton Strathcona, AB]

I think they need to explain it because they're tabling it.

[The Chair, Liberal, Deb Schulte]

I agree, but I'm just telling you what's said.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

I can read what it says. I'm asking them why it is necessary to add it.

[The Chair, Liberal, Deb Schulte]

Mr. Fast, you're first.

[Ed Fast, Conservative, Abbotsford, BC]

I have some more questions. Maybe we could have the officials tell us what the consequences of this would be.

First of all, let's understand that this is discretionary. It is not compulsory that the minister make these kinds of regulations. We just tried to bring some certainty there, and I was voted down. Now that we're dealing with the proposed regulation where there's a change from the word “activities” to “activity” and second “respecting circumstances, in relation to an activity, in which a time limit may be suspended”, I'm not sure that's a bad thing, except it's not compulsory. If the minister decides not to pass any regulations, she can.

What kind of a system is that?

[The Chair, Liberal, Deb Schulte]

Let's see what the experts tell us.

[Brent Parker]

The original language that referred just to “activity” enables us, from a regulatory drafting perspective, to be able to identify certain types of activities for which the minister could suspend the timeline. Then this additional language, “respecting circumstances”, was a regulatory drafting issue to allow the minister to identify the nature of those activities.

To give you a concrete example, in the consultation paper that's currently out on the regulations, there are four different circumstances. To deliver on those as potential items for which the clock could be stopped, this language is needed. Those particular examples are at the request of the proponent, so that's a circumstance under which this could be used. Another is outstanding fees that still need to be recovered by the agency for the process to go forward. Another is critical information that's missing. For those issues, or potentially other ones that could be identified through the public consultation period, this language would enable us to be able to draft the regulations.

[Ed Fast, Conservative, Abbotsford, BC]

You would agree there is nothing compelling the minister right now to come forward with regulations addressing any of those issues. Is that correct?

[Brent Parker]

For the minister to have an ability to pause the clock, regulations would have to be put in place.

[Ed Fast, Conservative, Abbotsford, BC]

Nothing is compelling her to pass or introduce those regulations, based on the wording right now that we just discussed. Is that correct?

[Brent Parker]

There's no obligation for those regulations to come forward. There are provisions in the bill for the clock to be paused based on the regulations.