I'm going to have to say that was my best shot for one that I thought the government would be going with us on.
Maybe this one....
At the top of page 44—I will be moving this obviously, 41.1, to amend 348.15, which reads in part:
disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.
This amendment is simply a way of replacing the word “necessary” with “relevant”, “that the Commissioner considers relevant for the purpose of ensuring compliance”.
I'm worried that the standard of necessity is unnecessarily high. I'm reminded that the word preceding it is “considers” so it really should not be something second-guessed by the CRTC. If the commissioner says to them, “I consider this necessary” that really should be the end of it. Nonetheless, the commissioner will internalize this standard and “considers necessary” is higher than “considers relevant”.
To be enforceable this system depends completely on the link-up between the CRTC and the commissioner, because the CRTC's role, apart from being a recipient, is actually very limited and our colleague from Privy Council mentioned this earlier about how very little the CRTC does on some aspects of this.
I think giving the easiest possible access to these documents and information should be a priority. Where it says, “the Commissioner considers necessary”, it should be “the Commissioner considers relevant”.