Madam Speaker, there is not a whole lot of time and I have a number of questions and comments. First, the hon. member indicated the Statutory Instruments Act would apply in this case. Clause 74 of Bill C-55 would add the new section 260.1 to the National Defence Act. Subsection 260.1(7) would read:
Subject to subsection (6), a designation may be renewed
(a) by the Minister personally, on the recommendation of the Chief of the Defence Staff, if as a result of the renewal the designation would be in effect for one year or less; or
(b) by the Governor in Council, if as a result of the renewal the designation would be in effect for more than one year.
Subsection 260.1(9) would read:
A designation, renewal, variance or cancellation is not a statutory instrument within the meaning of the Statutory Instruments Act.
Subsection 260.1(10) would begin as follows:
As soon as possible after a designation--
The last sentence of subsection 260.1(10) would read:
--may be affected by it, unless the Minister is of the opinion that it is inadvisable to do so for reasons of international relations or national defence or security.
It would still give a whole lot of leeway. That is one point.
With regard to the Nanoose Bay situation in B.C., land was expropriated by the federal government from the provincial government. The Canadian government went into a lease arrangement to have a nuclear submarine in Nanoose Bay. The federal government recently lost that court case. Does this allow the federal government to put in an interim order to allow a nuclear submarine in Nanoose Bay? This is something the courts in Canada have said is not allowed.