Canadian Heritage committee  First of all, before it goes that far, the investor can seek a remedy that already exists internally in cases where the minister decides not to allow a transaction. A final avenue of redress is available to the investor for a period of 30 days. As for our agreements, especially those with the WTO and such, I do not want to state my position publicly.

Canadian Heritage committee  There is no test that's specific to film, television, or audio-visual production companies. It's the same test that applies throughout the Investment Canada Act.

Canadian Heritage committee  Right.

Canadian Heritage committee  No, but it's both ownership and control one has to look at, and it's a variable dimension, based on circumstances. You've seen other cases we deal with. We sometimes give status opinions on whether a company is or is not Canadian. They're complicated reviews. We're basing our opinion on speculation about what the business arrangements might be over time, using documentary evidence as much as possible.

Canadian Heritage committee  It would be privileged if it's not otherwise available in the public domain.

Canadian Heritage committee  To answer that question I'd have to cross a line that I don't think is appropriate for me to do. But be assured that when we do reviews we look widely at the impacts. Remember, some of these areas are directly within my own responsibility. The Canadian Audio-Visual Certification Office is in my sector, as are programs that finance magazines and weekly publications.

Canadian Heritage committee  I did not go into that in my presentation, because it is extremely complex. Tests similar to those applied to telecommunications, broadcasting, aviation and transport, in general, are used to determine the indicators of control in fact and in law. In the case of large corporations, we do an analysis.

Canadian Heritage committee  Yes, there is a legal test that is quite specific.

Canadian Heritage committee  I think a distinction needs to be made between us, the officials, the department and the other members of the public service on one hand, and the investor, on the other. The restriction applies to us, the officials. There have been transactions in the past where the investors chose to say a bit more, to be more proactive.

Canadian Heritage committee  As you mentioned in the beginning, the questions are never indiscreet, but the answers can be. In this case, I do not think I can respond, as it is too close to...

Canadian Heritage committee  I can tell you that when a company is not subject to the act, it does not have to file an application. So when someone files an application, they know they are subject to the act.

Canadian Heritage committee  I cannot comment on the transaction per se.

Canadian Heritage committee  As I said, cultural policy is one of the criteria. For example, an investor may wish to invest in a company that is in financial trouble. That is one aspect of the situation we could examine. We gather a lot of information on investors. It could be a matter of survival, for instance.

Canadian Heritage committee  Before we get a meeting, there's a lot that happens--

Canadian Heritage committee  --because in fact we have a long-standing process. We have informal conversations even before an application can be filed and--