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Transport committee  I would like to add an explanation to elaborate on what I said earlier about how the regulatory process that is proposed here is the standard regulatory process that requires quite a bit of transparency. There is publication of proposed amendments in the Canada Gazette and a pres

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  I will just say that the way the clause is written—that the “Governor in Council may, by regulation, amend the schedule”—the regulatory process under the Governor in Council does include transparency and consultation and is part of that process. So that process would indeed be fo

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  I think we've covered it already.

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  I would just add a clarification that the Statutory Instruments Act is deemed not to apply in this legislation because its requirements would not allow quick and timely possibility for an exemption, in the way this exemption is suggested, so that unforeseen circumstances could be

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  I just want to clarify that the exemption from the Statutory Instruments Act applies only to clause 6, the exemption clause. It does not apply to the entire legislation, so it allows for an exemption clause to be exercised. We believe that's sufficient in that case.

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  I'm not able to answer that question. I think transparency is being suggested through other amendments that are coming up. (Amendment negatived [See Minutes of Proceedings])

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  Right in clause 6 it's very clear that the minister “may, by order, exempt an identified oil tanker”. It is very clear in legal terms—and we have our lawyer here as well—that that's per vessel, so by individual vessel. The intent is that typically exemptions have to be documented

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  It is meant to be an exemption for unforeseen circumstances that need to be dealt with in the best interests of Canadians in a fairly quick manner, and so the clause as written specifies that the terms would be determined as appropriate based on the context. This is what that exe

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  I would add, consistent with the comments I just made, that the period for the application of the exemption would be specified—again, context specific.

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  I will simply say that exemption powers are commonly used across various legislation, and I'm certainly not aware of any abuses of them. We've tried to look at that. They are narrowly constrained. One of the examples we thought of—and I'll just give it back as a possibility—is th

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  Exactly.

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  I think the conversation we just had covers that.

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  No, the threshold would limit the total on a vessel to 12,500 metric tons of the prohibited products, so the total amount of crude oil or persistent oil that is listed in the schedule could not be higher than 12,500 metric tons on a vessel . There may be occasions on which commu

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  It depends. There are different types of ships that are used for various elements of community resupply and industry resupply, so it depends on the vessel. It depends on how many stops it has. It could be smaller. It could be up to 12,500 metric tons maximum.

November 28th, 2017Committee meeting

Natasha Rascanin

Transport committee  There were some with close to that, yes.

November 28th, 2017Committee meeting

Natasha Rascanin