Thank you, Mr. Chair.
This amendment deals with the issue that's currently found on page 9 in proposed subsection 48.12(12), that:
Proceedings in respect of claims under this section may be instituted
—so we have some time limitations here—
within three years from the day on which the loss, damage or costs and expenses were incurred
The concern that the Green Party has with this amendment is that sometimes, and it's not hard to imagine the times, when the loss or damage may have occurred, or even started to occur sometime earlier, even more than a year ahead, you will then find yourself with the clock ticking and you're statute-limited in launching your claim. What we're suggesting here is that the section should be amended to include the words “discovery of” as opposed to being time limited from the time the loss or damage started to occur. It would be from the day on which the discovery of the loss or damage was made or on which costs and damages were incurred, and then in no case more than six years from the day on which the discovery was made.
It certainly is common, in many statutes where time limitations are being put in place, to time the complainant's access to a claim for damages not to the moment when the damage occurred but from when they discovered it. I can refer the committee back to evidence in this regard from Union des producteurs agricoles. They are very concerned that a pipeline could be leaking contaminants for some years but it would only be discovered sometime later.
I hope this amendment might be considered favourably.