INDY Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 107
Thursday, March 25, 1999
The Standing Committee on Industry met at 9:03 a.m. this day, in Room 536, Wellington Building, the Chair, Susan Whelan, presiding.
Members of the Committee present: Sue Barnes, Antoine Dubé, Marlene Jennings, Jim Jones, Stan Keyes, Francine Lalonde, Walt Lastewka, Janko Peric, Susan Whelan.
Acting Members present: John O'Reilly for Eugène Bellemare; John Finlay for Ian Murray; Dan McTeague for Alex Shepherd; John Solomon for Chris Axworthy.
In attendance : From the Library of Parliament: Antony Jackson, David Johnansen and John Craig, Research Officers. From Committees and Legislative Services, House of Commons: Suzanne Verville, Legislative Clerk.
Witnesses : From the "Association québécoise des indépendants du pétrole ": Pierre Crevier, President. From the Ontario Fuel Dealers Association: Randy Turner, President. From the Independent Retail Gasoline Marketers Association of Canada: Dave Collins, Director, - Eastern Canada - IRGMA and Vice-President, Wilson Fuel Company; André Gagnon, President - IRGMA and Director, Mr. Gas Limited; Chuck Husel, Western Canada Member - IRGMA and President,Ultra Commercial Fuels; Don Green, Vice-President. From the Canadian Petroleum Products Institute: Alain Perez, President; Yves Bériault, Partner, McCarthy-Tetrault; Alain Lapointe, Professor of Business and Economics, Université de Montréal.
Pursuant to an Order of Reference of the House dated Tuesday, October 20, 1998, consideration of Bill C-235, An Act to amend the Competition Act (protection of those who purchase products from vertically integrated suppliers who compete with them at retail).
René Blouin, Pierre Crevier, Randy Turner, Don Green and Chuck Husel each made an opening statement and, with the witnesses, answered questions.
Alain Perez made an opening statement.
At 10:50 a.m., the sitting was suspended.
At 11:37 a.m., the sitting resumed.
Alain Perez, with the witnesses, answered questions.
At 12:22 p.m., the sitting was suspended.
At 13:35 p.m., the sitting resumed.
At 13:35 p.m., the Committee resumed 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. (See Minutes of Proceedings dated, December 1st, 1999, Meeting No.76).
The Committee proceeded to Clause-by-Clause consideration of the Bill.
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."
The question being put on the new Clauses, it was agreed to.
On Clause 28
Walt Lastewka moved, - That Bill C-54, in Clause 28, be amended by replacing line 35 on page 17 with the following:
"venes subsection 8(8) or 27.2(1) or who obstructs the"
The question being put on the amendment, it was agreed to.
Clause 28, as amended, carried.
On Clause 29
Walt Lastewka moved, - That Bill C-54, in Clause 29, be amended by replacing line 4 on page 18 with the following:
"every five years after this Part comes into force, be"
The question being put on the amendment, it was agreed to.
Clause 29 as amended, carried.
On Clause 30
Walt Lastewka moved, - That Bill C-54, in Clause 30, be amended by replacing line 20 on page 18 with the following:
"tion — other than personal information that is collected, used or disclosed in connection with the operation of a federal work, undertaking or business — that is collected, used or disclosed by the"
The question being put on the amendment, it was agreed to.
Clause 30, as amended, carried.
On Clause 31
Walt Lastewka moved, - That Bill C-54, in Clause 31, be amended by replacing line 11 on page 19 with the following:
"Parliament or a prerogative of the Crown."
The question being put on the amendment, it was agreed to.
Walt Lastewka moved, - That Bill C-54, in Clause 31, be amended by replacing line 19 on page 19 with the following:
"of Parliament or a prerogative of the Crown, the person or body who"
The question being put on the amendment, it was agreed to.
Clause 31, as amended, carried.
By unanimous consent, Clauses 32 to 55 carried.
On Clause 56
Walt Lastewka moved, - That Bill C-54, in Clause 56, be amended by replacing line 11 on page 28 with the following:
"(2) Despite subsection (1), in the absence of evidence to the contrary, an electronic"
The question being put on the amendment, it was agreed to.
Walt Lastewka moved, - That Bill C-54, in Clause 56, be amended by replacing, in the English version, line 22 on page 28 with the following:
"(a) by evidence capable of supporting a finding that"
The question being put on the amendment, it was agreed to.
Walt Lastewka moved, - That Bill C-54, in Clause 56, be amended by replacing lines 7 to 12 on page 29 with the following:
"signatures with persons; and
(b) the integrity of information contained in electronic documents signed with secure electronic signatures."
The question being put on the amendment, it was agreed to.
Walt Lastewka moved, - That Bill C-54, in Clause 56, be amended by replacing line 25 on page 29 with the following:
"tion 31.2(2) and sections 31.3 and 31.5 and in regulations made under section 31.4 may be"
The question being put on the amendment, it was agreed.
Walt Lastewka moved, - That Bill C-54, in Clause 56, be amended by replacing lines 35 to 37 on page 29 with the following:
"31.7 Sections 31.1 to 31.4 do not affect any rule of law relating to the admissibility of evidence, except the rules relating to au-"
The question being put on the amendment, it was agreed to.
Clause 56, as amended, carried.
By unanimous consent, Clauses 57 to 67 carried.
On Clause 68
Walt Lastewka propose, - That Bill C-54, in Clause 68, be amended by replacing line 17 on page 35 with the following:
"(3) A regulation that is included in the Consolidated Regulations of Canada, 1978 or in the"
The question being put on the amendment, it was agreed to.
Clause 68, as amended, carried.
Clauses 69, 70 and 71 carried severally.
Clause 72 carried on division.
Schedule 1 carried on division.
Schedule 2 carried on division.
Schedule 3 carried on division.
Clause 1 carried on division.
The Title carried on division.
The Bill, as amended, was agreed to by the following division:
YEAS
Sue Barnes
John O'Reilly
Marlene Jennings
Stan Keyes
Walt Lastewka
John Finlay
Janko Peric
Dan McTeague -- 8
NAYS
Francine Lalonde
Jim Jones -- 2
ORDERED: That the Chair report Bill C-54, with amendments, in the House.
ORDERED: That 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, as amended, be reprinted for the use of the House of Commons at Report Stage.
At 1:49 p.m., the Committee adjourned to the call of the Chair.
Elizabeth B. Kingston
Clerk of the Committee