It is my understanding, yes, that there could be difficulties for the commissioner in obtaining that information from Elections Canada. There are a whole series of legislative requirements within the government about exchanging information between departments. That is certainly something, if the committee continues with this move, that they look at.
I'd like to make the point that it is generally accepted in regulatory agencies that the administration and the investigation go together. That is the case in the Canada Revenue Agency and it is the case at the Ontario Securities Commission, which actually goes much further and into adjudication.
If I could read you an excerpt from the annual report of the Public Prosecution Service. It says:
The PPSC prosecutes charges of violating federal law laid following an investigation by a law enforcement agency. The PPSC is not an investigative agency and does not conduct investigations. The separation of law enforcement from the prosecution function is a well-established principle of the Canadian criminal justice system.
This would be something new for them.
If there are concerns about the independence of the commissioner vis-à-vis the Chief Electoral Officer, some of the provisions that are being put in around appointment and tenure could certainly be put into that act to strengthen that independence.