Industry committee  Yes, and frankly, the TFW is only the tip of the iceberg, and we have no information about how far or how extensive this is. Students, foreign students, are coming from around the world, and they are treated, effectively, like regular workers. They're coming to the country for education purposes—as students—but they are treated like they are almost like temporary foreign workers.

Industry committee  Yes. We need to encourage provinces to welcome being sued. Let me explain. If you're the minister of whatever in Ontario, of agriculture or some other line ministry, you have specific regulations that your constituents support. Every regulation is there for a reason. You have no incentive to remove barriers that protect your constituents, your stakeholders, when they block people from other jurisdictions who don't vote for you.

Industry committee  Yes. The issue, though, is that it's very difficult to enforce this. How is the federal government going to—

Industry committee  You need to create the ability for companies to go out and take down these barriers themselves.

Industry committee  My point on speed comes through in “where the puck's going”, which is through private litigation, through private action. Now that you're going to have to see private action, you're going to see an increase in litigation, but that private action on competition is going to be joined up with ongoing litigation on patents, on other IP.

Industry committee  A board of directors would be an example—a board of directors with a clear mandate from Parliament, so that you can talk to management about this, on its priorities and on how it's spending, but not on individual decisions, not on individual enforcement decisions. Creating a board of directors would be a very tangible step that you could take.

Industry committee  Thank you very much for the invitation to speak to this committee today. Your study contains many issues the C.D. Howe Institute has covered over recent years. There are many topics I can cover in the Q and A, such as tangible steps to solve interprovincial trade and support Canadian supply chains, what can be done on regulatory requirements, as well as labour shortages and inflationary pressure.

Industry committee  Yes, and we've only just scratched the surface of some of the changes here. We haven't even talked about questions of an extraterritorial jurisdiction for a court order for the production of records for merger reviews. Is that enforceable? That's a whole other conversation that we have to have in terms of the implementation of some of these changes.

Industry committee  Oh, I don't think so. Again, I go back to the only public consultation that I've really seen, which was run by Senator Wetston. The efforts of one senator should not make up the extent of our really delving into it, and the efforts of a senator over maybe six months, at most, should not be the extent of our conversation on some very serious changes.

Industry committee  Yes. This goes again to the question that we're talking about in terms of penalties and the question of it being a penalty versus a deterrent. When a fine is so large as to be well beyond any potential benefit that the company directly receives from the activity, we're starting to get into a different level of penalty.

Industry committee  Yes.

Industry committee  I totally get why the government would be hesitant to carve out division 15. Time is the most valuable commodity in the House of Commons, and adding one more bill into a legislative schedule is going to be really tricky and create congestion. I totally get that even though this would be the best approach, it would be something they are hesitant to do.

Industry committee  Senator Wetston's commentary on the [Inaudible—Editor] is a really useful touchstone of asking where the boundaries of debate are. One thing that was very clear in his commentary was a request to increase AMPs. There was consensus on that. There was no consensus, though, on the amount.

Industry committee  In no-poach, for example.... Take the example of a consulting company sending someone in-house to a client for a set term of three, four or five months, while the employee of the consulting firm is embedded in that client. Rather than that individual person having to float around on individual contracts, that person could be employed by that consulting company and go from client to client.

Industry committee  It comes down to the definition of “per se”. This is where I'll definitely defer to some of the lawyers—