Again, the purpose of proposed section 38 is to give a minister the discretion, in accordance with the statutory criteria, to determine whether or not his or her exempt staff are to be covered by the substantive cooling-off rules found in proposed section 35. The first order of decision in the case of an exempt staff member would be for the minister decide whether or not that person is to be exempted.
In the event that a person were not exempted, so you have an exempt staff member who has not been exempted, then under proposed section 39—as for all other reporting public office holders—the reporting public office holder may make an application to the commissioner in accordance with a separate set of criteria for a shortening of the cooling-off period, or a waiver of some of its substantive provisions. The commissioner would always have, in respect of any person subject to the cooling off-period, the discretion that you see in proposed section 39.