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Agriculture committee Thanks, Mr. Chair. I would make two comments with respect to this proposed amendment. First of all, indeed, some of the authority that would be added here we believe would already be covered in subparagraph 140(1)(g)(iii), which would authorize the Governor in Council to issue
February 26th, 2008Committee meeting
John Moffet
Agriculture committee Mr. Easter, the issue you raise goes to the heart of a fairly long-standing and fundamental constitutional principle regarding the separation of powers as between Parliament and the Governor in Council. Essentially, a statute can, within the scope of the statute and within the
February 26th, 2008Committee meeting
John Moffet
Agriculture committee It's the part that refers to subsection 140(3). That is amended in the government's bill as well as in the Bloc's amendment.
February 26th, 2008Committee meeting
John Moffet
Agriculture committee Yes, but.... I'm sorry, let me.... Subclause 2(7) would actually replace existing subsection 140(3) in CEPA. It takes an entire subsection out of CEPA. In order to understand this, you actually have to look at CEPA itself. We've included the relevant provisions in the binder we c
February 26th, 2008Committee meeting
John Moffet
Agriculture committee Yes, sir.
February 26th, 2008Committee meeting
John Moffet
Agriculture committee Actually, Mr. Chair, I was going to respectfully request that for a different reason it may be appropriate to defer consideration of clause 2. It has nothing to do with the amendments that have been proposed, but the final provision in clause 2 would actually delete a provision t
February 26th, 2008Committee meeting
John Moffet
Bill C-30 (39th Parliament, 1st Session) committee Can you clarify where we are?
March 29th, 2007Committee meeting
John Moffet
Bill C-30 (39th Parliament, 1st Session) committee May I explain what this is here for?
March 29th, 2007Committee meeting
John Moffet
Bill C-30 (39th Parliament, 1st Session) committee Mr. Chair, I'd like to explain the rationale for the clauses that this amendment would remove or the lines that this amendment would remove. With the way part 5 of CEPA is currently constructed, the government can regulate products that contain a toxic substance and that then em
March 29th, 2007Committee meeting
John Moffet
Bill C-30 (39th Parliament, 1st Session) committee Thank you, Mr. Chair. This definition defines greenhouse gas emissions very specifically to include total annual national emissions, whereas the bill uses the term greenhouse gas emissions in numerous ways: in ways that could be applied to individual facilities, to sectors, etc
March 29th, 2007Committee meeting
John Moffet
Bill C-30 (39th Parliament, 1st Session) committee This amendment uses the same language that the government used in Bill C-30 to refer to “persons, works, undertakings or activities”. “Person” is a legal term of art, the addition of which, of course, refers to a human person or a corporate entity. The reference to “works, undert
March 29th, 2007Committee meeting
John Moffet
Bill C-30 (39th Parliament, 1st Session) committee That's the legal term that refers to the power that's being created here--administrative discrimination. Ordinarily, one would regulate like things in a like manner. You need authority to administratively discriminate among like things and you need to stipulate the basis of that
March 29th, 2007Committee meeting
John Moffet
Bill C-30 (39th Parliament, 1st Session) committee I can't tell you what will happen or would happen. We've never used this authority. Whether we ever will, I have no idea. That will be determined by the government of the day. This provides the authority to make that discrimination, provided we meet the test of ensuring consiste
March 29th, 2007Committee meeting
John Moffet
Bill C-30 (39th Parliament, 1st Session) committee The emitter in the province would not be subject to any federal regulation that is the subject of an equivalency agreement. Just to be clear, an equivalency agreement doesn't necessarily encompass all federal regulations; it has to specify the regulations. The Alberta equivalenc
March 29th, 2007Committee meeting
John Moffet
Bill C-30 (39th Parliament, 1st Session) committee Sure. There are two parts to this, new proposed subsection 330(3.1) and new proposed subsection 330(3.2). The first part, (3.1), reverts word for word to what's in CEPA now in terms of the authority to establish regulations that set different standards within different geograph
March 29th, 2007Committee meeting
John Moffet