Yes, absolutely.
First, in terms of our perspective on the regime, the same thing exists elsewhere. It exists in other federal and provincial legislation. So, from a legal standpoint, this is not a new regime per se. It has been tested in other jurisdictions. Since it's an administrative penalty regime, it doesn't go through the courts. It's administered by the Commissioner of Official Languages.
Then, for designated corporations like ours, the act removed due diligence as a ground for defence. For any violation of the act, we would not be able to demonstrate the efforts we've made to avoid such a violation.
Under the Charter of the French Language, by the way, that defence exists. It's a similar regime, but different in some ways.
So, after a violation of the act is ascertained, the next step is the penalty determination. The regulations include criteria that establish the conditions under which a penalty can be applied. Certain factors can affect the amount of the penalty, such as efforts to correct the situation, the nature of the offence and so on. It's not automatically $25,000, as set out in the act, or $50,000. The commissioner will have to say that they have determined an offence occurred and explain why they're asking that a fine of $1,000, $2,000 or $5,000 be imposed. We'll have to see how this plays out.
Should there be a $25,000 cap, as set out in the act, a $50,000 cap, as set out in the regulations, or something else? This has to do with the question that was asked earlier. In a way, you'll be able to see how it works as it plays out. You and the commissioner will see if it produces the results you're looking for.
As my colleague said, we hope we never find ourselves having to answer for a violation or, worse still, being penalized.