Evidence of meeting #54 for Natural Resources in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was may.
A recording is available from Parliament.
NDP
Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC
Thank you.
We are proposing amendment NDP-20 to ensure that the notion of liability is indeed adhered to and that the offender has met his or her obligations further to the offence and met all of the conditions imposed by the court in relation to a pipeline incident or leak.
Conservative
The Chair Conservative Leon Benoit
Thank you, Mr. Caron.
Is there any further discussion on NDP-20?
Ms. Duncan.
NDP
Linda Duncan NDP Edmonton Strathcona, AB
Yes, I would appreciate an explanation from the officials of why they would limit that to three years. I've never seen anything like that before.
Director General, Energy Safety and Security Branch, Energy Sector, Department of Natural Resources
I'll turn to my Justice colleague for this question.
Legal Counsel, Department of Natural Resources
Thank you, Mr. Chair.
This is part of the penalty provisions. All penalty provisions have a mix of punishment, deterrence, and reform. The mix of all of those is different in each context. In this particular context, this legislation says that a three-year period of constraint on an offender's behaviour is sufficient for the purposes of this act.
Conservative
The Chair Conservative Leon Benoit
Is there any further discussion on NDP-20?
Ms. Duncan, you have further comments?
NDP
Linda Duncan NDP Edmonton Strathcona, AB
If I look at (f), does that mean then the bond would only be in effect for three years?
Legal Counsel, Department of Natural Resources
Sorry, which bond are you referring to?
NDP
Legal Counsel, Department of Natural Resources
Mr. Chair, I would refer you to proposed section 132.4 in this bill, called “Recovery of fines and amounts”. In this case, this provision says that a “prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in any court”. This provision saves any type of order to pay money, so an offender can't simply not pay for three years and then get off free.
NDP
Linda Duncan NDP Edmonton Strathcona, AB
So all of the provisions of proposed subsection 132.1(1) would be limited to a three-year time period?
Legal Counsel, Department of Natural Resources
Not all of the provisions. The provisions governing behaviour and conduct of an offender will be subject to the three-year limit. The orders to pay fines would be subject to proposed section 132.4.
NDP
Linda Duncan NDP Edmonton Strathcona, AB
I don't read the law that way, but that's what he's saying.
Conservative
The Chair Conservative Leon Benoit
Those in favour of NDP-20?
(Amendment negatived [See Minutes of Proceedings])
(Clause 37 agreed to on division)
(Clauses 38 to 47 inclusive agreed to on division)
Now we'll go through the rest.
Shall clause 1 carry?
(Clause 1 agreed to on division)
Shall the title carry?
Conservative