We are still working within the confines of legislation and giving instructions to a regulatory body to carry out something. In constructing the scheme of arbitration within the act, we consider the normal function of a regulatory body. A regulatory body providing for an arbitration scheme whereby an arbitrator, case by case, can set out unique penalty schemes—damages schemes—for breaches that may occur in the future is just something we have not seen.
It was a question of finding a mechanism that would encourage compliance and be a deterrent against non-compliance with a contract, once imposed by an arbitrator, that is more consistent with the role of regulatory agencies and more consistent with the role of a legislatively imposed arbitration scheme.