Right now the rules are clear. The current rule is that if you're a reporting public office holder, you are subject to automatic divestment. Divestment is defined as selling or putting in a blind trust. That's very clear.
Our recommendations would maintain that clarity and maintain almost all of the automatic divestments, except in narrow cases, which I think would be clearly defined. Interns or students in ministers' offices, again is a clearly defined class. Then we would allow the commissioner to exempt public appointees, that is, Governor in Council appointees, where the nature of their mandate is so narrow—it doesn't apply to multiple sectors of the economy; it applies very narrowly and there's not likely to be an issue related to the decisions affecting the value of assets. The example we use is the Immigration and Refugee Board.
Our proposal would maintain the current clear requirement, narrow it very slightly, and only in clear ways.
I agree with the member's question that for the commissioner to say the automatic divestment rule ought not to apply to anybody except somebody who exercises significant authority leaves open a question. She names chiefs of staff to ministers only. She does not mention deputy chiefs of staff, policy advisers, directors of policy, all of whom—we know—talk on a daily basis sometimes to lobbyists who are lobbying on government decisions that would affect the value of publicly traded securities.