I think our feeling is that the way it's written covers it off quite adequately and that it doesn't need this. My recollection is that in an earlier version of the bill, either when it was Bill C-44 or Bill C-26, it had a provision like that in it, and when Bill C-58 came forward that additional wording was removed. I think it was considered somewhat redundant. We think that the way it's worded right now is quite adequate.
Proposed subsection 169.2(3) says:
The Agency shall not have any matter submitted to it for a final offer arbitration under subsection (1) arbitrated unless the shippers demonstrate, to the satisfaction of the Agency, that an attempt has been made to mediate the matter.
So they're putting some reasonable hurdles in there anyway, and also proposed subsection 169.2(2) says:
A matter submitted jointly to the Agency for a final offer arbitration shall be common to all the shippers and the shippers shall make a joint offer in respect of the matter, the terms of which apply to all of them.
That's in the bill as it stands and which we've said we support.