INDU Committee Meeting

The Standing Committee on Industry, Natural Resources, Science and Technology met at 3:33 p.m. this day, in Room 701 La Promenade Building, the Chair, Brent St. Denis, presiding.

Jennifer Stoddart made a statement and answered questions.

Michael Binder and Larry Shaw made statements and answered questions.

The Committee resumed its clause-by-clause study of the Bill.

On Clause 1,

“(2) Any information about Canadian residents that is contained in a database or information, administrative or operational system referred to in this section or that is collected in the course of an investigation under this Act shall not be collected, stored processed or transmitted outside Canada.”

The question was put on the amendment of Brian Masse and it was negatived.

“41.6 (1) An order made by the Commission that imposes a prohibition or requirement under section 41 that relates to information contained in any database or any information, administrative or operational system administered under section 41.2 for the purpose of a national do not call list does not apply in respect of a telecommunication

(a) made by or on behalf of a registered charity within the meaning of subsection 248(1) of the Income Tax Act;

(b) made to a person

(i) with whom the person making the telecommunication, or the person or organization on whose behalf the telecommunication is made, has an existing business relationship, and

(ii) who has not made a do not call request in respect of the person or organization on whose behalf the telecommunication is made;

(c) made by or on behalf of a political party that is a registered party as defined in subsection 2(1) of the Canada Elections Act or that is registered under provincial law for the purposes of a provincial or municipal election;

(d) made by or on behalf of a nomination contestant, leadership contestant or candidate of a political party described in paragraph (c) or by or on behalf of the official campaign of such a contestant or candidate;

(e) made by or on behalf of an association of members of a political party described in paragraph (c) for an electoral district; or

(f) made for the sole purpose of collecting information for a survey of members of the public.

(2) The following definitions apply in subsection (1).

“candidate” means a candidate as defined in subsection 2(1) of the Canada Elections Act or a candidate whose nomination has been confirmed, for the purposes of a provincial or municipal election, by a political party that is registered under provincial law.

“existing business relationship” means a business relationship that has been formed by a voluntary two-way communication between the person making the telecommunication and the person to whom the telecommunication is made, arising from

(a) the purchase of services or the purchase, lease or rental of products, within the eighteen-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made from the person or organization on whose behalf the telecommunication is made;

(b) an inquiry or application, within the six-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made in respect of a product or service offered by the person or organization on whose behalf the telecommunication is made; or

(c) any other written contract between the person to whom the telecommunication is made and the person or organization on whose behalf the telecommunication is made that is currently in existence or that expired within the eighteen-month period immediately preceding the date of the telecommunication.

“leadership contestant” means a leadership contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for the leadership of a political party that is registered under provincial law.

“nomination contestant” means a nomination contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for nomination by a political party that is registered under provincial law as its candidate in a provincial or municipal election.

(3) Any person making a telecommunication referred to in subsection (1) must, at the beginning of the telecommunication, identify the purpose of the telecommunication and the person or organization on whose behalf the telecommunication is made.

(4) Every person or organization that, by virtue of subsection (1), is exempt from the application of an order made by the Commission that imposes a prohibition or requirement under section 41 shall maintain their own do not call list and shall ensure that no telecommunication is made on their behalf to any person who has requested that they receive no telecommunication made on behalf of that person or organization.”

Paul Crête moved, — That the amendment be amended by replacing the words “subsection 248(1) of the Income Tax Act; ” with the words “subsection 149(1) of the Income Tax Act”

The question was put on the subamendment of Paul Crête and it was negatived.

After debate, the question was put on the amendment of James Rajotte and it was agreed to on division.

Clause 1, as amended, carried on division.

Clause 2 carried on division.

Clause 2.1 carried.

Clause 3 carried on division.

The Title carried on division.

The Bill, as amended, carried on division.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-37, as amended, be reprinted for the use of the House at report stage.

At 4:22, the sitting was suspended.

At 4:25 p.m., the Committee proceeded to sit in camera.

It was agreed, — That this Committee call representatives from the Department of Foreign Affairs and International Trade and the Department of Public Safety and Emergency Preparedness to appear before the Committee and explain why Canada has chosen not to participate in the major upgrading of border crossing facilities now under construction on the U.S. side of the Lacolle-Champlain crossing on the Quebec-New York State border as explained by Mr. Garry Douglas, President of the Plattsburgh-North Country Chamber of Commerce and President of the Quebec-New York Corridor Coalition, who testified before this Committee on May 30, 2005 and that, additionally, other border issues at other critical points on the Canada-U.S. border be also considered.

It was agreed, — That the motion on border issues previously adopted at this meeting be placed on the agenda for the first Committee business meeting in the fall.

At 5:01 p.m., the Committee adjourned to the call of the Chair.