44.4(1)Subject to subsection (3), on the application of a benchmark administrator or the Executive Director, the Commission may, if the Commission is of the opinion that it is in the public interest, make an order designating
(a)
a benchmark as a designated benchmark, or
(b)
a benchmark administrator as being subject to this Act in respect of a designated benchmark.
44.4(2)An order under subsection (1) shall be in writing and shall be subject to the terms and conditions the Commission considers appropriate.
44.4(3)When the Executive Director makes an application under subsection (1), the Commission shall not make a designation order without giving the benchmark administrator an opportunity to be heard.
44.4(4)The Commission may, if in the opinion of the Commission it is in the public interest,
(a)
suspend or cancel a designation under subsection (1),
(b)
remove, vary or replace any terms or conditions to which a designation is subject,
(c)
add terms and conditions to a designation, or
(d)
assign a designated benchmark to one or more categories or subcategories of designated benchmarks.
44.4(5)The Commission shall not, without giving the benchmark administrator an opportunity to be heard,
(a)
refuse to make a designation under subsection (1),
(b)
suspend or cancel a designation,
(c)
remove, vary or replace one or more of the terms and conditions to which a designation is subject, or