You ask a very good question.
There are two kinds of ways in which the problems with CASL can be addressed.
One is legislative, like the private right of action. Only Parliament can address that because it's in the legislation, and at some point, it has to come into force or be killed or amended.
Two, the Governor in Council has a very broad regulatory authority, and many of the problems Canadians have occur because during the regulatory process there was—I think—a too narrow approach in what the exemptions should be, and when you have a structure that says that everything's illegal unless it falls within an exemption, you have a problem. Imagine a criminal law that prevented you from going out at night except if you were going to work or school or coming to the committee. You're bound to miss some, and that means a lot of things are going to be illegal until the regulatory process can catch up.
So the approach that the Governor in Council should have taken, in my respectful view, is to have had very generous exemptions so the act would apply to things that really counted, but it wouldn't discriminate against small business. There was no need, for example, for this law to apply to businesses, to business communications, at all, because they don't want it, they don't need it, and they see it as stifling innovation.
One thing this committee could recommend is that the Governor in Council re-review the regulations so that some of these things that are blatantly causing problems can be fixed.