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MINUTES OF PROCEEDINGS

Meeting No. 41

Monday, June 6, 2005

The Standing Committee on Industry, Natural Resources, Science and Technology met at 3:36 p.m. this day, in Room 308 West Block, the Chair, Brent St. Denis, presiding.

Members of the Committee present: Serge Cardin, Michael Chong, Denis Coderre, Paul Crête, Brian Masse, Lynn Myers, Jerry Pickard, Werner Schmidt, Brent St. Denis and Bradley R. Trost.

Acting Members present: Derek Lee for Andy Savoy, James Rajotte for John Duncan and Pablo Rodriguez for Andy Savoy.

In attendance: Library of Parliament: Sam Banks, Analyst ; Jean-Luc Bourdages, Analyst ; Andrew Kitching, Analyst ; Dan Shaw, Analyst . House of Commons: Susan Baldwin, Legislative Clerk ; Doug Ward, Legislative Counsel.

Witnesses: Department of Industry: Michael M. Binder, Assistant Deputy Minister, Spectrum, Information Technologies and Telecommunications; Larry Shaw, Director General, Telecommunications Policy Branch; Denise Walter, Senior Counsel, Legal Services.

Pursuant to the Order of Reference of Monday, February 7, 2005, the Committee resumed consideration of Bill C-37, An Act to amend the Telecommunications Act.

The witnesses answered questions.

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

On Clause 1,

James Rajotte moved, — That Bill C-37, in Clause 1, be amended by adding after line 5 on page 1 the following:

“41.01 (1) The Commission shall provide the Minister with a draft of any order that the Commission proposes to make under section 41 or 41.2 that would exempt any person or organization from being listed on a national do not call list.

(2) The Minister shall cause the draft order to be laid before each House of Parliament within fifteen days after receiving it or, if that House is not then sitting, on any of the first fifteen days next thereafter that that House is sitting.

(3) Each draft order that is laid before a House of Parliament shall, on the day it is laid, be deemed to be referred by that House to an appropriate committee of that House, as determined by that House, and the committee may conduct inquiries or public hearings with respect to the draft order and report its findings to that House.

(4) Any report made by a committee under subsection (3) shall be presented within a period of twenty sitting days after the draft order is laid, unless the Senate or the House of Commons, as the case may be, agrees to extend that period.

(5) A draft order that has been laid before each House of Parliament under subsection (2) may be made only if

(a) each House approves the order as laid after considering a report made under subsection (3) and presented in accordance with subsection (4), if any, or is deemed under subsection (7) to have approved the order as laid; or

(b) both Houses agree that the order should be amended and approve an amended version of the order, in which case the order may only be made if it conforms to the amended version.

(6) Each House of Parliament shall vote on whether to approve a draft order that has been laid before it under subsection (2)

(a) within ten sitting days after the report is presented by the committee referred to in subsection (3) or,

(b) if the committee fails to present a report in accordance with subsection (4), within ten sitting days after the last day on which the report could have been presented under subsection (4).

(7) A House of Parliament is deemed to have approved a draft order as laid if the committee referred to in subsection (3) fails to present a report to that House in accordance with subsection (4) and that House fails to vote on whether to approve the draft order within ten sitting days after the last day on which the report could have been presented under subsection (4).

(8) An order may be made under this section without being laid before the Houses of Parliament if the order amends an existing order and the Commission is of the opinion that the amendment made by the order is so immaterial or insubstantial that subsection (1) should not be applicable in the circumstances.

(9) Where the Commission forms the opinion described in subsection (8), it shall deposit a statement of the reasons why it formed that opinion with the Minister and the Minister shall cause the statement to be laid before each House of Parliament within fifteen days after receiving it or, if that House is not then sitting, on any of the first fifteen days next thereafter that that House is sitting.”

After debate, the question was put on the amendment and the result of the vote was announced: YEAS: 5; NAYS: 5.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

On motion of James Rajotte, it was agreed, — That Bill C-37, in Clause 1, be amended by adding after line 13 on page 2 the following:

“41.6 (1) The Commission shall, within six months after the end of each fiscal year, deliver a report to the Minister on the operation of the national do not call list in that fiscal year.

(2) The report shall set out any costs or expenditures related to the list, the number of Canadians using the list, the number of telemarketers accessing the list, any inconsistencies in the prohibitions or requirements of the Commission under section 41 that are applicable to the operation of the list, and an analysis of the effectiveness of the list.

(3) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before the House of Commons on any of the first fifteen days on which that House is sitting after the Minister receives the report.”

On motion of Brian Masse, it was agreed, — That Bill C-37 be amended by adding after line 36 on page 6 the following new clause:

“2.1 Three years after this Act comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing the administration and operation of the provisions enacted by this Act.”

Brian Masse moved, — That the Committee invite the Privacy Commissioner or a representative to appear on Wednesday, June 8, 2005 from 3:30 p.m. to 4:30 p.m..

After debate, the question was put on the motion and it was agreed to.

At 5:15 p.m., the Committee adjourned to the call of the Chair.

William Farrell
Clerk of the Committee

2005/06/10 9:45 a.m.