I submit that there is no need at this time to change the enforcement provisions because the sections of the act contain multiple provisions with extensive powers that the minister has, including the ability to resort to the Superior Court to make a range of orders from divestiture to compliance to penalties, and so on. The act does have a very strong structure in it following the monitoring process.
In recent years we've seen some issues falling out of the financial crisis, but when you go back and look at the history of this act, since it was first brought in, in 1985, there really haven't been multiple problems in achieving enforcement or compliance with undertakings that had been given across a very wide range of cases. The powers are there.
There are ways in which it can be supplemented, again without need to amend the act. It may be that the minister's office and the investment review division could be given more staff and more support. It may be that in some instances, particularly in sensitive or high-profile matters and only in exceptional cases, that it is possible to look at what is done in other parallel merger reviews, for example under the Competition Act, such that professional bodies, such as a major accounting firm, are brought in to assist with the monitoring. There are these kinds of support vehicles available to ensure that the powers that already exist in the act, which are quite extensive, are implemented as effectively as possible.