I don't think we can offer you a view on whether it is rendered moot or would render moot the other amendment.
We would just note that it is simply one of the conditions that is set out for the commissioner or the president to take into consideration under their grounds of the right to refuse to investigate. The others that follow provide other things they may consider, including whether that person has consent or is acting in a role on behalf of that other person.
A complainant who's not satisfied with the decision of the commissioner or the president in that case of course can bring that complaint to the commission to be reviewed. The net effect, however, of removing subparagraph 38(1)(b)(i) would be that it may increase quite considerably the number of complaints that are brought to the commission, because it would make much broader the class of persons who would feel that they are entitled to bring complaints about things that do not directly affect them.