What I might suggest, in that instance, would be something like an inclusive definition, so the decision would include—again, I'm thinking on the spot here, so you'd want to give it some thought—things like a licensing decision, such as, for example, an order made under section 9, an order made under section 9.1, a regulation made under section 10 or a regulation made under section 11.1. You would leave some breadth for courts to be able to assess, in a specific instance, whether the CRTC actually made a decision that engaged administrative law.
I certainly appreciate and understand what Mr. Champoux's objective is in this, and I know Bill C-11, as it is currently drafted, seeks to achieve a balance between the appropriate role of oversight by cabinet and the courts in CRTC decision-making. Perhaps, for the benefit of the committee, part of that puzzle.... I would draw your attention to clause 34.01 of the bill, which is the provision that requires the commission to consult with all interested persons on all orders made under sections 9.1 and 11.1, in order to make sure they continue to be responsive.
Part of the challenge, from where we sit, and based on Mr. Champoux's explanation, is that right now, we have a system in which a licence is typically renewed every five to seven years. Yes, that licence renewal can be petitioned to cabinet. The framework proposed by Bill C-11 would be more of a regulatory-type framework. We envision a framework whereby the CRTC will regularly update its regulations and orders.
If I understand Mr. Champoux correctly, his objective is that every one of those instances could be petitioned to cabinet. Again, that goes to my earlier comment about ensuring there's an appropriate balance between which decisions truly should be reviewed by cabinet versus which ones are best left up to the CRTC, acknowledging that there are other avenues through which its decisions can be appealed on questions of law. Its decisions can also be judicially reviewed if stakeholders truly feel there's something incorrect with a decision the CRTC has made.