Federal institutions demonstrated a great deal of discretion with respect to the measures they could decide and act upon. The criteria set out in the FFCB decision are much more demanding than what is in the current act. The act currently allows a lot of flexibility, opportunities and discretion for federal institutions.
My view is that the regulations should specify the implementation rules for positive measures. In the FFCB decision, the importance of positive measures was recognized, along with the obligation of the federal institutions to introduce positive measures, but the key expression is "shall be carried out".
And another important point is that impact studies have to be carried out to ensure that positive measures that actually address the needs of the communities are implemented. It's important for mechanisms like this to be included in regulations to ensure that the measures taken do not turn out to be negative for the communities and have a harmful impact on them.