First of all, we have to establish the difference between a penalty and damages in the contractual world.
When you're looking at a punishment that you want to impose on somebody for failure to comply with an obligation that exists, that's what we call a penalty.
Money that is paid to one party as a result of another party's failure to comply with an obligation, which is aimed at compensating that party for the loss or the damage that party suffers, is damage.
What has been put in this legislation is the first thing, the penalty that is destined to punish the railway if they don't comply.
Throughout the consultation the government has had with the shippers, they have expressed strong concern that we as a government not affect their ability to sue for the actual damages resulting from a breach of obligations by the railway.
Normally in a commercial contract, the parties will agree on a predetermined amount of damages that may be payable by one to the other in the case of a breach. That is called a penalty clause in contract, but that's not what this bill does. This bill addresses the first point, which is the actual penalty.
I'll stop there.