Mr. Speaker, in response to (a), regarding liability, the Pipeline Safety Act amended the National Energy Board Act and the Canada Oil and Gas Operations Act, which are both binding on Canada. Anyone that is authorized under the National Energy Board Act to construct or operate a pipeline would be required to adhere to the liability provisions under the act.
In response to (b), section 48.13(1) of the National Energy Board Act requires a company authorized under the act to construct or operate a pipeline to “maintain the amount of financial resources necessary to pay the amount of the limit of liability” that applies to it. While the act does not require the company that operates a given pipeline to actually put aside funds, the company—operator--has to satisfy the National Energy Board, NEB, as the regulator that it meets the requirement to maintain these financial resources and also that it is in compliance with any order that may be issued by the NEB as to the availability of these funds. This ensures that funds are available to respond to an unintended or uncontrolled release from a pipeline. This is consistent with the polluter pays principle and the government’s commitment to a strong pipeline safety regime. This requirement would equally apply to any federal Crown corporation if it were to operate the pipeline.