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Natural Resources committee Thank you very much for the question. Indeed, this act clarifies that abandoned pipelines stay within federal jurisdiction until they're completely dealt with. There was also a question about what happens when a company goes bankrupt. In those cases, because there's no backstop
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee That could well be the case.
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee Mr. Chair, the question here is about the diminishing of liability by not allowing recovery under the Fisheries Act. What this bill proposes to do is that if there is any loss caused by a pipeline spill, and one of those losses is damage to a fishery, the recovery must be done un
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee The policy principle at play here would be that the company that's responsible for the pipeline certificate, the operator of the pipeline, would be responsible for any contractors or any parties working for them to avoid the situation of “you were working for me, so I'm not respo
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee Thank you very much for that question. I think establishing a statutory time like that is a policy question that's been directed to the minister. This tries to follow some of the federal legislation, tries to track it.
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee There are many different regimes in Canada, and they all have different time limits.
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee There is nothing that addresses that aspect directly. However, if someone believed that he had been affected by a spill, he could go before ordinary courts; that recourse is always possible. It has not been eliminated.
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee That could be the case, but in civil law, there are several points to be considered.
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee All right. Thank you for the question. The three-year limit establishes the time limits in the civil courts as well, so there's the three-year and then there's the six-year full stop limit, and those would apply.
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee They're all the same, so the time limit, the prescription that is set out by this act in proposed section 48.12, I think. That's right.
March 24th, 2015Committee meeting
Joseph McHattie
Natural Resources committee Just to back up what Mr. Labonté is saying, this is federal legislation governing the federal matter of inter-provincial pipelines. So under this regime, those would the rules that would apply. It's not quite a conflict with any provincial regime, because it would be under a spec
April 23rd, 2015Committee meeting
Joseph McHattie
Natural Resources committee Thank you, Mr. Chair. This is part of the penalty provisions. All penalty provisions have a mix of punishment, deterrence, and reform. The mix of all of those is different in each context. In this particular context, this legislation says that a three-year period of constraint
April 23rd, 2015Committee meeting
Joseph McHattie
Natural Resources committee Sorry, which bond are you referring to?
April 23rd, 2015Committee meeting
Joseph McHattie
Natural Resources committee Mr. Chair, I would refer you to proposed section 132.4 in this bill, called “Recovery of fines and amounts”. In this case, this provision says that a “prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount o
April 23rd, 2015Committee meeting
Joseph McHattie
Natural Resources committee Not all of the provisions. The provisions governing behaviour and conduct of an offender will be subject to the three-year limit. The orders to pay fines would be subject to proposed section 132.4.
April 23rd, 2015Committee meeting
Joseph McHattie