The issue at play, as I understand it based on Monsieur Champoux's reasoning, is that the CRTC, as it manages its business, makes a variety of different decisions and determinations in the course of those proceedings.
As Monsieur Champoux highlighted, regardless of whether it's any form of determination or any form of measure, both are suggesting quite a large definition with respect to how that should be understood, which then implicates principles of administrative law in that certain decisions by the CRTC could be challenged under administrative law principles.
There's a risk here that the CRTC, in the course of managing its business, would be subject to a very high degree of potential review by courts. From my perspective, “measure” speaks to a specific tangible instrument, whether that be a regulation or an order, whereas “determination”, from where I sit, appears to be broader in scope.
I think one of the challenges, though, with this amendment is that we haven't done analysis of everywhere in the act where the term “decision” is used, so it's difficult for us to pronounce definitively on it.
As debate was proceeding, we were doing a little bit of analysis, and we think it would have most implication with respect to those provisions that require consultation with certain communities. Therefore, again, depending on whether it's “determination” or “measure”, any determination that the CRTC makes in that respect could engage principles of administrative law and would provide an opportunity for stakeholders then to potentially seek review of those decisions by the courts.