I'll deal with that in two stages: first, before the legislation was adopted; and then after.
Before the legislation was adopted, this recommendation followed a review by a committee or commission presided over by Mr. Wells, the former premier and chief justice, and Madam Stoddart, with a third commissioner. They did a thorough review of the legislation in place in Newfoundland.
On this question of order-making versus not, we can provide you with a summary of that report. Those are the considerations I'm putting before you. Order-making could be more formal and more costly. It could create risks in terms of conflict of roles with the promotional role. They came up with this model. That's what they recommended. That's what the legislature adopted in Newfoundland.
On the second phase, the legislation was adopted in June of last year. It's recent.
I spoke with my Newfoundland colleague, the commissioner. He said it had exactly the impact that was desired, i.e., submissions by government are more prompt and they are of better quality. To date there have not been judicial challenges of recommendations, so the government has followed all the recommendations made under that model.
It works. I'm not saying the other model cannot work, but this model, so far, has shown it can work.