Sure. Thank you for the question.
There are a couple of issues that we've identified with NDP-1. The first, in our view, is that the amendment fails to repeal the entirety of the redundant provisions that would be created against Bill C-56, which would leave incongruencies and duplication in this section. My understanding is that particularly subsection 79(4) remains unaddressed by NDP-1.
On the second point, you're quite correct that this amendment would only increase the backup calculation. The primary calculation for a maximum amount of an administrative monetary penalty would continue to be driven off the benefit derived by the action. This is simply a backup calculation in the rare instances when it's not possible to calculate the benefit derived by the party.
The current formulation was adopted by the House in 2022. The backup calculation has not yet been invoked at any time, and no issues have yet arisen that would suggest that a change to the law this soon after is necessary.
On two issues, I think there's some consideration for the committee. The first is the lack of complete amendment considerations against the bill vis-à-vis 79(4) being outstanding. The second is whether it's important to move forward with amending this backup calculation, at this time, given the lack of evidence.