Transport committee  Yes.

Transport committee  The answer is who is going to clean it, and usually government goes out and cleans. In the case of Lac-Mégantic, the government went out and cleaned the oil. Costs incurred by governments are included, so those costs are eligible to be recovered, either against the railway or against the fund, depending on whether or not the insurance has been—

Transport committee  No, I mean—

Transport committee  I'm not sure what the exact testimony was, but any costs or expense reasonably incurred by Her Majesty, or a province, or any other person in taking an action or measure in relation to railway accidents can be compensated, so it's pretty broad.

Transport committee  Yes.

Transport committee  The language you allude to is language that is in the Transportation of Dangerous Goods Act. That's the construct of that legislation. We're working with different legislation. Under this legislation, notions are defined differently. If we go to the section in the act that defines what “operation” means, for example, the notion of operation in the act means an operational physical sense.

Transport committee  Using the words “charge, the management or control” would not convey the policy intent in the first place, because the policy intent was to cover more than that. The policy intent was to cover every railway company that is physically involved in the operation and physically involved in an accident.

Transport committee  An official opinion? I don't think an official opinion was provided.

Transport committee  If a party suffers damages—

Transport committee  Covered damage for which railways are responsible under the first part of the liability regime is exactly the same damage covered under the fund. The damage covered under both regimes is entirely equivalent. Theoretically, environmental damage is covered by both.

Transport committee  If we are talking about damage caused by a third party, the damages are the same. But if we are talking about damages that represent the loss of the non-use value of public resources, only a government can claim for those damages. Individuals can't claim for those damages.

Transport committee  Both regimes are the same as far as covered damages are concerned. Now, as for who is allowed to make a claim under both regimes, that, too, is the same.

Transport committee  No.

Transport committee  If a person suffers damages—

Transport committee  A party.... I'll answer it in two portions. If a person suffers damages, they can claim. There is no question there. If there's damage to the environment, then there are costs incurred by government to clean up. Those costs are allowed. If there's loss of non-use value, the government is entitled to go after the railway up to the billion dollars and then to the fund for whatever is not covered.