I'm not going to get into the schedule 1 and schedule 2 thing again, but I am going to make reference to another section, if that's okay. In particular, proposed paragraph 122(1)(e) deals with the regulatory power of the Governor in Council. It basically gives the Governor in Council the ability to make regulations with respect to the replacement of the Privacy Act on some very specific things in proposed paragraphs 122(1)(a), (b), (c) and (d). However, proposed paragraph 122(1)(e) also says, “prescribing anything that by this Act is to be prescribed”.
If the preamble is now part of the opening of the bill and therefore has some legislative and legal interpretive weight, does that not give the Governor in Council the ability to use regulation to provide some legal fence posts around what the government would see as the best interests of the child out of the starting gate?