It may not happen, but if you haven't shipped out the quantity that you were originally authorized to ship, it is pretty much automatic on application.
I will say that this issue was debated extensively, as I certainly recall, back when Bill C-9 was under development and was being examined by this committee. Several members of the committee suggested a longer term or a term set at the discretion of the commissioner. One issue that was raised was that you don't want to lock countries into a specific price and contract for an extended period of time while prices have been spiralling downwards, as they have been these past few years.
So that's one answer to your question. The other answer is that some other countries that have implemented it have left it to the discretion of their patent authority. They all prescribe a finite term, but set at the discretion of the patent authority hasn't made a difference in terms of exports.
I take your point about—