INDY Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 105
Tuesday, March 23, 1999
The Standing Committee on Industry met at 3:34 p.m. this day, in Room 209, West Block, the Chair, Susan Whelan, presiding.
Members of the Committee present: Sue Barnes, Eugène Bellemare, Antoine Dubé, Marlene Jennings, Jim Jones, Stan Keyes, Walt Lastewka, Ian Murray, Jim Pankiw, Janko Peric, Alex Shepherd, Susan Whelan.
Acting Members present: Ted White for Rahim Jaffer, Paul Crête for Francine Lalonde.
Other Member present: Michel Gauthier.
In attendance: From the Library of Parliament: Antony Jackson, Nancy Holmes and John Craig, Research Officers. From Committees and Legislative Services, House of Commons: Suzanne Verville, Legislative Clerk.
Witnesses: From the Department of Industry: Michelle d'Auray, Executive Director, Electronic Commerce Task Force; Stephanie Perrin, Director, Privacy Policy, Electronic Commerce Task Force; Heather Black, Counsel, Commercial Law Division. From the Department of Justice: Joan Remsu, Senior Counsel; Robert Duperron, Chief Legislative Editor; Michael Power, Assistant Director Policy, Politics Interdepartmental PKI Task Force; Donald K. Piragoff, General Counsel.
Pursuant to an Order of Reference of the House dated Tuesday, November 3, 1998, consideration of Bill C-54, An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act.
The Committee proceeded to Clause-by-Clause consideration of the Bill.
On Clause 13, Walt Lastewka moved, - That Bill C-54, in Clause 13, be amended by replacing lines 35 and 36 on page 10 with the following:
"13. (1) The Commissioner shall, within one year after the day on which a complaint is filed or is initiated by the Commissioner, prepare a report that contains"
The question being put on the amendment, it was agreed to.
On motion of Walt Lastewka, it was agreed, - That Bill C-54, in Clause 13, be amended by replacing line 22 on page 11 with the following:
"sioner shall inform the complainant and the organization and give"
Clause 13, as amended, carried.
On Clause 14, Walt Lastewka moved, - That Bill C-54, in Clause 14, be amended by replacing line 34 on page 11 with the following:
"clarified by Division 1, in subsection 5(3) or 8(6) or"
The question being put on the amendment, it was agreed to.
On motion of Walt Lastewka, it was agreed, - That Bill C-54, in Clause 14, be amended by adding after line 40 on page 11 the following:
"(3) For greater certainty, subsections (1) and (2) apply in the same manner to complaints referred to in subsection 11(2) as to complaints referred to in subsection 11(1)."
Clause 14, as amended, carried.
On Clause 15, Walt Lastewka moved, - That Bill C-54, in Clause 15, be amended by replacing line 41 on page 11 with the following:
"15. The Commissioner may, in respect of a complaint that the Commissioner did not initiate,"
The question being put on the amendment, it was agreed to.
Clause 15, as amended, carried.
On Clause 16, Walt Lastewka moved, - That Bill C-54, in Clause 16, be amended by deleting lines 19 and 20 on page 12.
The question being put on the amendment, it was agreed to.
Clause 16, as amended, carried.
Clause 17 carried.
Jim Jones moved, - That Bill C-54, in Clause 18, be amended by replacing lines 31 and 32 page 12 with the following:
"Division 1, and for that purpose"
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS;
Ted White
Jim Jones -- 2
NAYS;
Sue Barnes
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric
Alex Shepherd
Antoine Dubé
Paul Crête -- 9
On motion of Francine Lalonde, it was agreed, -That debate on the following motion would last 45 minutes, at which time, the question to dispose of the motion would be put.
Francine Lalonde moved, - Whereas witnesses were recently heard by the Standing Committee on Industry, on Bill C-54, concerning the major problems in implementing this legislation; and took into account the big application difficulties if this bill,
- Whereas the Quebec government has repeated its demand that Bill C-54 be withdrawn,
- That the Committee suspend Clause by Clause consideration of Bill C-54 and ask the Industry Minister to undertake negotiations with all the provinces, to forestall any constitutional challenge that might impair the attainment of its objectives.
After debate, the question being put on the motion, it was negatived on the following recorded division:
YEAS;
Ted White
Antoine Dubé
Francine Lalonde
Jim Jones -- 4
NAYS;
Sue Barnes
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric
Alex Shepherd -- 7
On Clause 18, Jim Jones moved, - That Bill C-54, in Clause 18, be amended by replacing line 6 on page 13 with the following:
"(d) after having obtained the approval of the Court and subject to any conditions imposed by the Court, at any reasonable time, enter any"
The question being put on the amendment, it was negatived on the following recorded decision:
YEAS;
Ted White
Jim Jones -- 2
NAYS;
Sue Barnes
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric
Antoine Dubé -- 7
Jim Jones moved, - That Bill C-54, in Clause 18, be amended by replacing line 16 on page 13 with the following:
" (f) after having obtained the approval if the Court and subject to any conditions imposed by the Court, examine or obtain copies of or extracts"
The question being put on the amendment, it was negatives on the following recorded division:
YEAS;
Ted White
Jim Jones -- 2
NAYS;
Sue Barnes
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric
Antoine Dubé -- 7
Clause 18, carried on the following recorded division:
YEAS;
Sue Barnes
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric
Alex Shepherd -- 7
NAYS;
Ted White
Antoine Dubé
Jim Jones -- 3
Clause 19 carried on division.
Clause 20 carried on division.
Clause 21, 22, 23 and 24 carried severally.
Clause 25 was negatived on division.
Clause 26 carried on division.
On Clause 27
Walt Lastewka moved, - That Bill C-54, in Clause 27, be amended by replacing line 12 on page 17 with the following:
"expression "investigative body";
(a.1) specifying information or classes of information for the purpose of paragraph 7(1)(d), (2)(c.1) or (3)(h.1); and"
The question being put on the amendment, it was agreed to on division.
Walt Lastewka moved, - That Bill C-54, in Clause 27, be amended by deleting lines 16 and 17 on page 17.
The question being put on the amendment, it was agreed to on division.
Jim Jones moved, - That Bill C-54, in Clause 27, be amended by deleting lines 18 to 21 on page 17.
The question being put on the amendment, it was agreed to on the following recorded division:
YEAS;
Sue Barnes
Eugene Bellemare
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric
Alex Shepherd
Ted White
Jim Jones -- 10
NAYS;
Antoine Dubé -- 1
Clause 27, as amended, carried on division.
On new Clauses 27.1 and 27.2, Marlene Jennings moved, -That Bill C-54 be amended by adding after line 33 on page 17 the following:
"27.1(1) Any person who has reasonable grounds to believe that a person as contravened or intends to contravene a provision of Division 1, may notify the Commissioner of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
(2) The Commissioner shall keep confidential the identity of a person who has notified the Commissioner under subsection (1) and to whom an assurance of confidentiality has been provided by the Commissioner.
27.2 (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that
(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has contravened or intends to contravene a provision of Division 1;
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of Division 1;
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of Division 1 not be contravened; or
(d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).
(2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.
(3) In this section, "employee" includes an independent contractor and "employer" has a corresponding meaning."
At 6:21 p.m., the Committee adjourned to the call of the Chair.
Elizabeth B. Kingston
Clerk of the Committee