Sure. So to the extent that you might provided with an act, the enforcement provisions are sections 39 and 40. Essentially, where an investor has implemented an investment subject to the act, as per section 25—I was referring to it earlier—the investor must provide the information that is requested by investment review officials.
So we essentially will request information at the 18-month point, or earlier, if we have a reason to believe that information is needed. Then we do an evaluation of the investor's performance. Essentially we look at its plan and its undertakings and at how it has performed vis-à-vis those plans and undertakings.
Now, to the extent that more information is needed, we will do additional monitoring under the act. That's where the sections of the act come in specifically. Where the minister believes that an investor has failed to implement a written undertaking or that the investment has not been implemented as per the terms and conditions that had been agreed to in the application, then the minister may issue a demand letter under section 39 of the act, essentially requiring the investor to do a number of things.
He can cease the contravention and remedy the default, show cause why there is no contravention, or, in the case of undertakings specifically, justify any non-compliance with the undertakings. This is really the first stage in the process.
Now, under section 39.1, the act also provides that the investor can submit new undertakings. So as part of this process, if there is in fact non-compliance, the investor can come in and submit additional undertakings. Where the investor ultimately fails to comply with the demand or the minister is not satisfied, essentially, with how things are unfolding, pursuant to section 40 of the act the minister can apply for court orders to seek remedies from an investor. That's really the second stage in the enforcement mechanism.
The court may order any remedies that it sees appropriate. That's where section 40 of the act lists a number of remedies directing the divestment of control of the Canadian business, directing the investor to comply with an undertaking, imposing a financial penalty, or directing the disposition of any voting interests or the assets that are acquired.
Essentially, this is the enforcement mechanism and the monitoring provisions that are provided for under the act. Monitoring is further detailed in guidelines that are issued by the minister. The minister has the authority under the act to issue guidelines. There are such guidelines that detail the nature of the monitoring that is done under the act.