Four categories—it would be proportional within the category.
Proposed subsection 78.1(3) states, “Subsection (1) does not apply to any amount awarded in the decision for costs”. Again, that's just clarifying it. If, in part of the decision, costs were awarded as part of the decision, that cost would be awarded first, and then the remainder would be applied under proposed subsection 78.1(1).
Proposed subsection 78.1(4) is something we've heard about. We've heard testimony on it. We think it's important that we include this, so “Subsection (1)” would “not apply to any amount to be paid...as a result of the Indian Residential Schools Settlement” act, “which came into force on September 19, 2007. Again, obviously this wouldn't apply carte blanche to any creditors. This would be specifically for proposed subsection (1).
As for what we've done with the second part, or proposed subsection 78.1(5), we did hear testimony that there would be quite a burden placed on CSC to administer this. So this is a way, we felt, that we could take away that burden from CSC. It won't be up to CSC to find out who the creditors are. The onus would be on the creditor to notify CSC that money is owed to them by an offender. It would clean that up.
Again, then, proposed subsection 78.1(6) is just cleaning things up by saying that “Her Majesty must only take into account judgments or orders in respect of which a notice has been received under subsection (5)”. This is just making it consistent.
Proposed subsections 78.2(1) and 78.2(2) basically give CSC and Finance the ability to speak to each other and share information so they're not contravening any privacy laws.