Transport committee  With respect to the regulation-making power, because it doesn't prescribe or doesn't provide for who it would apply to and under what circumstances, we would have to develop that through the process of developing the regulation. I'm not sure that the regulation, the way it's currently drafted, actually enables us to have that conversation, because it says “must prohibit”.

Transport committee  I think it would require more analysis for us to understand the impacts of this versus the waste-water systems effluent regulations that are already in effect through the Fisheries Act.

Transport committee  The waters under the jurisdiction of a port authority are set out in schedule A of each of their letters patent. I don't have a map right now that would be available immediately.

Transport committee  Yes.

Transport committee  My colleague will speak to that.

Transport committee  Thank you, Chair, for the question. My understanding is that the regulation regarding the treatment of sewage is done through Environment Canada, through the waste-water systems effluent regulations. Any authorization that was done in respect of the incident Mr. Strahl was referring to would have been through that mechanism, which is an Environment Canada regulation.

Transport committee  I could only speak to what the waste-water systems effluent regulations cover, which is the deposit of treated sewage from waste-water treatment systems.

Transport committee  In respect of that, the regulations are found under the Fisheries Act. It's the waste-water systems effluent regulations that are in place.

Transport committee  Thank you, Mr. Chair. We have some data from the Canada port authorities. For Westshore Terminals, we understand the export numbers were nine million tonnes in 2020, 15 million tonnes in 2021 and 16 million tonnes in 2022, which is the most recent year we have data available for.

Transport committee  Thank you for the question. Our understanding is that Westshore is in the process of transitioning some of its handling capacity to potash as soon as 2026.

Transport committee  I'm sorry. I wouldn't be in a good position to answer that. I would have to defer to colleagues at NRCan and ECCC in that regard.

Transport committee  Yes, that is my understanding, subject to any requirements of other federal legislation, but it would be outside the purview of Transport Canada. It may be raised in the context of a consultation process. However, Transport Canada would not necessarily have the legislative authority to actually address any of those issues.

Transport committee  I think that would depend on the nature and the process that is undertaken in respect of consultation. Generally speaking, once a regulatory amendment is in draft form, there's a regulatory impact assessment. It goes through a first stage in terms of Canada Gazette, which gives all other implicated parties an opportunity to provide additional input in respect of the outcome of that regulatory impact analysis.

Transport committee  In respect of the first part of Mr. Badawey's question, I would just note that the regulatory development process requires a robust consultation as part of its development process, including the development of a regulatory impact analysis statement that is included in the Canada Gazette.

Transport committee  I would have to defer to colleagues at NRCan or ECCC in respect to conversations that have taken place with U.S. officials in this regard.