Mr. Chairman, I am not aware of these situations. But again it's a choice that the regulation-making authority would exercise when deciding to use the technique or not. If the regulation-making authority wants to have full control of those instances I guess it would not use incorporation by reference. Again, it's important to realize that it's always a choice to have recourse or not to this tool that is a drafting technique.
Static incorporation by reference might be preferable in some instances such as the one you mentioned. We are not aware of situations where this would have caused any problems. It's also important to realize that in almost 30 years of the use of incorporation by reference there is very little case law on this, which seems to be proof that the system is working well. It's not something that is really litigated.
So I would say, to address your concern, that it's important at the time that the regulation-making authority that is considering whether to use incorporation by reference or not see if it has concerns of the type you are mentioning. Are we concerned with an international body making its decisions? Most of the time Canada is a part of these international bodies, it has fair notice, and it takes years of negotiation so there are opportunities for discussion.