Thank you, Chair.
Before I debate the substance of this amendment, I would like to ask a question of the legal staff. I have been unable to find in this legislation any clause or section that states that the commissioner would have the authority to review a decision made by a minister of the Crown or a minister of state under proposed subsection 38(1), where that “minister of the Crown or minister of state may exempt from application of section 35 or 37 a former reporting public office holder” etc.
I would be very pleased if you could point out what section would give the commissioner the authority to review that. The only issue of review that I've been able to find is proposed subsection 38(3), which says:
Every decision to grant an exemption under subsection (1) is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
Under Bill C-2, is there a section that affords the commissioner the authority to review a decision of exemption that a minister of the Crown or minister of state may have taken under proposed subsection 38(1)? Yes or no.