Fisheries committee  We've done a lot of work with DFO over the last 12 years or more where we've had actually an MOU where we've worked collaboratively with them. I think we've recognized in that work that there is diversity across the country. There are different fish species. They have different priorities.

Fisheries committee  We will do that.

Fisheries committee  I think the work on banking and on compensation, whether it's offsets or credits, is still an evolving area of development. In the last two or three years in particular, DFO has really worked on that. What we do know is that projects require the ability to proceed. They can't completely avoid all areas of habitat, but we in our industry try very hard to avoid critical habitat, whether it's for species at risk or under the Fisheries Act.

Fisheries committee  Sure. I think the tone of most of our recommendations is in the direction of providing guidance. The wording that has been introduced can work, but I think we're looking for more clarity as to the kinds of considerations. I think population or ecosystem level is the area we're trying to focus on.

Fisheries committee  Thank you, Sergio. I would like to begin by thanking you all for the time we are being given. Our sectoral experience with the application of the Fisheries Act and our long-term working relationship with the Department of Fisheries and Oceans leaves us in a qualified position to offer constructive feedback and practical recommendations to amend the Fisheries Act.

Environment committee  We would have introduced the notion not as an exclusive item. I'm not a lawyer, but I think we would say that a lot of controversial issues are being raised. This is going to create a much more open process where a lot of that is going to get discussed. At some point, elected officials, the minister or the Governor in Council, at the end of that process, is going to make a determination.

Environment committee  In the actual written text of our initial presentation, that section was entitled “Balance”, so balance is what we're hoping to see. We expect, with the wording in the bill and the documents that are prepared around the edges of that—the regulations and so on—that there will be the re-emergence of additional consideration for indigenous, health, and socio-economic.

Environment committee  Relatively unchallengeable, I think. We can never say completely unchallengeable. I think there are always occasions in this country when things could be raised. There would have to be reasons, and I think the courts would have to recognize that the process has been good and that the legislation would attempt to ensure the process has led to a balanced decision that has had proper discussion.

Environment committee  We will have specifics in our final report. I think what we're really talking about here is the notion of saying that this is a fairly extensive process that will allow for a good debate and participation by all sectors. The thought should be that, yes, there are some things that still would be challengeable in court, but there would be other things that, perhaps as we get to a decision, should be the decision.

Environment committee  Yes.

Environment committee  I think we're mostly interested in the final decision that comes at the end of the process.

Environment committee  I think we would simply say that if the permitting plan is developed in such a way that it provides coordination of all the steps that happen, one of the great things that might occur in the early planning is the possibility that all departments that have relevant other permits or requirements or expertise will participate in that early stage and hopefully will be fed into these various products that come from that.

Environment committee  We don't know yet. We haven't seen it happen, but in 180 days, six months, we'll have done as most proponents would have done, a lot of work before we even get to trigger that. If the government is ready, the agency, and so on, and I think they will be, and people are collaborative, I think we can do it and I think the government can do it.

Environment committee  There's already a pretty good list of products that come out of that, and one of the things that is often done in provincial processes is provisional orders, which provide more specificity, collaborative agreements and other things, to make sure that, not only do we know what the plan is, we know the time frames that are going to be associated, the mechanisms with which people are going to participate—hopefully, they're the appropriate amount—and that provides a degree of certainty in planning for all the people in the process.

Environment committee  Are you talking about a coal-fired plant?