I will answer your question about the “scissors clause”. This is the first time I have ever heard that expression.
That's exactly what made chapter IX of the Quebec's pay equity legislation unconstitutional in 2004. That chapter allowed for certain employers to be exempted. Power was granted to the commission charged with pay equity cases. The commission even had to examine the criteria in place. Despite those criteria, some employers were exempted from the legislation. We challenged the constitutionality of the decisions and the chapter. The Superior Court of Quebec agreed with us, and the Government of Quebec never appealed that decision.
So it is clear that, if the minister exercises this power and the section is kept, we will challenge the constitutionality of those decisions in the courts. I believe that, if this section remains in the act, the minister will not be able to apply it.