INDY Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 104
Tuesday, March 23, 1999
The Standing Committee on Industry met at 9:10 a.m. this day, in Room 209, West Block, the Chair, Susan Whelan, presiding.
Members of the Committee present: Sue Barnes, Eugène Bellemare, Antoine Dubé, Rahim Jaffer, Marlene Jennings, Jim Jones, Stan Keyes, Francine Lalonde, Walt Lastewka, Ian Murray, Janko Peric, Alex Shepherd, Susan Whelan.
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, Politiques Interdepartmental PKI Task Force; Donald K. Piragoff, General Counsel.
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, 1998, Meeting No. 76).
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- Whereas the Quebec government has repeated its demand that Bill C-54 be withdrawn,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.
At 9:31 a.m., Eugene Bellemare took the Chair.
At 9:36 a.m., Susan Whelan took the Chair.
At 9:49 a.m., Eugene Bellemare took the Chair.
At 10:05 a.m., Susan Whelan took the Chair.
At 10:09 a.m., the sitting was suspended.
At 11:15 a.m., the sitting resumed.
Stan Keyes moved, - That the question now be put.
And a question being raised as to the acceptability of the motion, the Chair ruled that the motion was in order.
The question being put on the motion, it was agreed to.
Stan Keyes moved, - That in order to facilitate a more productive use of this committee's most valuable time, that debate on any motions or discussion as it pertains to Bill C-54 and its clause-by-clause examination be limited to five minutes.
After debate, the question being put on the motion, it was agreed to on the following recorded division:
YEAS;
Sue Barnes
Denis Coderre
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray`
Janko Peric
Alex Shepherd -- 8
NAYS;
Rahim Jaffer
Jim Jones -- 2
Clause 1 was postponed pursuant to Standing Order 75(1).
On Clause 2 Ian Murray moved, - That Clause 2 be amended by adding after line 12 on page 1 the following:
""commercial activity" means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character."
After debate, 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 2, be amended by replacing lines 44 and 45 on page 2 with the following:
"about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization."
On motion of Walt Lastewka, it was agreed, - That Bill C-54, in Clause 2, be amended by deleting lines 9 to 11 on page 3.
Clause 2, as amended, carried.
On Clause 3, Walt Lastewka moved, - That Bill C-54, in Clause 3, be amended by replacing lines 15 to 20 on page 3 with the following:
"3. The purpose of this Part is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to govern the collection, use and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of organizations to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances."
After debate, the question being put on the amendment, it was agreed to.
On Clause 3, as amended, carried.
On Clause 4, Walt Lastewka moved, - That Bill C-54, in Clause 4, be amended by replacing lines 25 to 28 on page 3 with the following:
"ties; or"
The question being put on the amendment, it was agreed to.
On motion of Marlene Jennings, it was agreed, - That Bill C-54, be amended by adding after line 10 on page 4 the following:
"(3) Every provision of this Part applies despite any other Act of Parliament, unless that Act expressly declares that it operates despite that provision."
Claude 4, as amended, carried.
On Clause 5, Walt Lastewka moved, - That Bill C-54, in Clause 5, be amended by adding after line 16 on page 4 the following:
"(3) An organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances."
The Question being put on the amendment, it was agreed to.
Clause 5, as amended, carried.
Clause 6 carried.
On Clause 7, Walt Lastewka moved, - That Bill C-54, in Clause 7, be amended by replacing lines 30 to 33 on page 4 with the following:
"collection with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is for purposes related to the breach of an agreement or the detection of an offence under the laws of Canada or a province; 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 7, be amended by:
(a) replacing line 35 on page 4 with the following:
"artistic or literary purposes; or
(d) the information is publicly available and is specified by the regulations."
(b) replacing line 16 on page 5 with the following:
"formation is used;
(c.1) it is publicly available and is specified by the regulations; or"
(c) replacing line 20 on page 6 with the following:
"about;
(h.1) of information that is publicly available and is specified by the regulations; or"
(d) replacing line 31 on page 6 with the following:
"out in paragraphs (3)(a) to (h.1)."
On motion of Walt Lastewka, it was agreed, - That Bill C-54, in Clause 7, be amended by replacing line 11 on page 5 with the following:
"study or research, purposes that cannot be achieved without using the information, the information"
On motion of Walt Lastewka, it was agreed, - That Bill C-54, in Clause 7, be amended by replacing line 41 on page 5 with the following:
"or is about to be committed, or to activities suspected of constituting threats to the security of Canada"
On motion of Walt Lastewka, it was agreed, - That Bill C-54, in Clause 7, be amended by replacing line 4 on page 6 with the following:
"research, purposes that cannot be achieved without disclosing the information, it is impracticable to"
On motion of Walt Lastewka, it was agreed, - That Bill C-54, in Clause 7, be amended by replacing lines 10 to 12 on page 6 with the following:
"historic or archival importance, and the disclosure is made for the"
On motion of Jim Jones, it was agreed, - That Bill C-54, in Clause 7, be amended by replacing line 15 on page 6 with the following:
"(I) one hundred years after the"
Jim Jones moved, - That Bill C-54, in Clause 7, be amended by replacing lines 20 and 21 on page 6 with the following:
"about;
(i) provided for in a collective agreement or necessary for the implementation of the agreement; or
(j) required by law."
The question being put on the amendment, it was negatived on the following recorded division:
YEAS;
Rahim Jaffer
Jim Jones -- 2
NAYS;
Sue Barnes
Eugene Bellemare
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric
Alex Shepherd -- 7
Clause 7, as amended, carried.
On Clause 8, Jim Jones moved, - That Bill C-54, in Clause 8, be amended by replacing line 27 on page 7 with the following:
"tion that the request is not being withdrawn; and
© the cost does not exceed any limit on such cost established by any law of Canada or a province that applies to the information requested"
The question being put on the amendment, it was negatived on the following recorded division:
YEAS;
Rahim Jaffer
Jim Jones -- 2
NAYS;
Sue Barnes
Hec Cloutier
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric
Alex Shepherd -- 8
Clause 8 carried.
On Clause 9, Walt Lastewka moved, - That Bill C-54, in Clause 9, be amended:
(a) by adding after line 15 on page 8 the following:
"(c.1) the information was collected under paragraph 7(1)(b); or"
(b) by adding after line 34 on page 8 the following:
"(5) If an organization decides not to give access to personal information in the circumstances set out in paragraph (3)(c.1), the organization shall, in writing, so notify the Commissioner, and shall include in the notification any information that the Commissioner may specify."
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 9, be amended:
(a) by replacing, in the French version, line 17 on page 8 with the following:
"nuire à la vie ou la sécurité d'un autre"
(b) by replacing, in the French version, lines 20 and 21 on page 8 with the following:
"e) les renseignements ont été fournis uniquement à l'occasion d'un règlement officiel des"
(c) by replacing, in the French version, line 27 on page 8 with the following:
"nuire à la vie ou la sécurité d'un autre indivi-"
On motion of Walt Lastewka, it was agreed, - That Bill C-54, in Clause 9, be amended by deleting line 16 on page 8.
Clause 9, as amended, carried.
Clause 10, carried
On Clause 11, Rahim Jaffer moved, - That Bill C-54, in Clause 11, be amended by replacing lines 4 and 5 on page 9 with the following:
"Division 1."
The question being put on the amendment, it was negatived.
Clause 11 carried.
On Clause 12, Jim Jones moved, - That Bill C-54, in Clause 12, be amended by replacing line 11 on page 10 with the following:
"(f) after having obtained the approval of 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 negatived on the following recorded division:
YEAS;
Rahim Jaffer
Jim Jones -- 2
NAYS;
Sue Barnes
Hec Clouthier
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric -- 7
Clause 12 carried on the following recorded division:
YEAS;
Sue Barnes
Hec Clouthier
Marlene Jennings
Stan Keyes
Walt Lastewka
Ian Murray
Janko Peric
Alex Shepherd -- 8
NAYS;
Rahim Jaffer
Jim Jones -- 2
At 1:20 p.m., the Committee adjourned to the call of the Chair.
Elizabeth B. Kingston
Clerk of the Committee