My understanding is that it's still withstanding and 79(4) does not stop this improperly from being administered through the process. I don't quite understand the argument there because the amendments were drafted by legislative counsel and are consistent with passing and that context, so I think that's....
The second thing is that it hasn't been used as a backup. That's the whole point of having a backup: It's there if you need it, so to use it as a reason not to do something defeats the whole purpose of having a backup, because that's what it's there for. We have continued problems with regard to competition in Canada and this gives us one other option to actually state to those operators out there that there is a system in place that will take care of you if you abuse Canadian consumers. That's the point of a backup.