Thank you.
There is a margin of discretion when implementing positive measures. The phrase “that it considers appropriate” gives some discretion to federal institutions, which are still in control of the design and delivery of their own programs and services. This phrase gives them some leeway in implementing this commitment and obligations.
That said, Bill C‑13 sets forth a series of positive measures and guidelines that add more. These guidelines are very helpful and are consistent with the Federal Court of Appeal decision that was mentioned. In particular, the measures must be concrete and be taken with the intention of having a positive effect, while respecting the needs to protect and promote. I don't need to read out all of these provisions, but that is quite considerable.
When you look at how part VII has evolved since 1988, the federal government has gone well beyond the original commitment, which was a solemn commitment, but was not intended to create obligations. Now, the obligations are there and they must be implemented. Having said that, there still needs to be some discretion or leeway for federal institutions to implement these measures “that it considers appropriate”. That is the wording we prefer to use.