Thank you.
We are not, I believe, as officials, in the position to suggest alternative mechanisms to the ones proposed in the bill, but we can certainly note that the framework that is currently provided in the bill would very likely not satisfy the administrative law requirements that would be necessary in order to establish a process that leads to a potentially prejudicial decision, which would then ultimately be subject to judicial review if it adversely affects a company.
The mechanism itself would require, clearly, investigators. It would require lawyers who provide legal advice to the commission. It would require the set-up of a whole new procedural framework that is not currently in existence within DFAIT and is not foreseen in the DFAIT Act.
So the minister would have to be given extensive new powers that he currently does not have. In our view, the legislation as drafted would not necessarily provide a sufficiently clear framework for that to happen.
Thank you.