Thank you for this very important question.
The act provides for the ability of the Governor in Council to establish a tribunal to adjudicate claims for damages. The first condition that would need to be met would be that the company responsible that operates the pipeline would be designated as unwilling or unable to respond. The first point would be that there's a situation in which a company is not responding in an appropriate way. That designation is made and then, pending the circumstances as to whether there are damages that may need adjudication, a tribunal would be established.
It's difficult to predict and to say in advance that this circumstance leads to that creation of a tribunal, but it would provide citizens, companies, and communities that might be impacted an ability to have a hearing and a fair representation of their claims for damages. It would also provide an independent tribunal the ability to evaluate those claims, adjudicate them, and provide an award for damages outside of the judicial system.
The bill does not provide, though, that one may not choose to use a judicial system should they wish. It's not one or the other. One can choose to continue through the judicial system should they wish. The establishment of the tribunal is in the circumstances when the government would need such a system because of damages that may be present in an incident.