Environment committee  I think that's an important issue. The Canadian Environmental Protection Act is a framework, a piece of legislation. It enables the making of regulations to deal with environmental protection, health protection issues. It's been recognized by the Supreme Court of Canada on many

Environment committee  Mr. Chair, for the record, Ms. Kenny's comment that industry has indicated their willingness and ability to comply refers not to the 0% in the proposed bill but to the 0.5% that has been the subject of consultations.

Environment committee  Those facts were not part of our examination. I'm not saying this is the case in this particular instance, but I would caution you that “ban” may be a euphemism for a very low limit, like 0.5%, as opposed to a true absolute zero ban.

Environment committee  As counsel, we always hate to theorize, but I'll try to give you something in response. I'll of course limit the remarks to legal consequences. A violation may engage one or both of the dispute settlement processes in the event of a challenge.

Environment committee  There are two: investor and state dispute processes, as well as state-to-state. Under the state-to-state process, a party country challenges the measure it alleges is inconsistent with the applicable trade rules. If the panel finds that a violation has occurred, Canada would have

Environment committee  Thanks, Margaret. Mr. Chair, as Ms. Kenny mentioned, the WTO agreement on technical barriers to trade and the government's position that the bill's proposal to ban phosphorus content could constitute a violation under its terms.... The NAFTA obligations regarding technical regul

Environment committee  Yes.

Environment committee  With all due respect, that's not the issue we're dealing with, Mr. Chair. The fact that other jurisdictions do right now adequately, or in their view adequately, address phosphorous with 0.5%, Canada taking measures going to 0% would constitute the problem.

Environment committee  Right now the act sets out a very prescriptive duty on departments to publish any potential agreements before they're signed. They're published in the Canada Gazette and in any other manner the minister or ministers deem appropriate.

Environment committee  The Canada Gazette is not a widely read publication for most people.

Environment committee  I'm Dan Blasioli, senior counsel, Department of Justice.