INDY Committee Meeting
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MINUTES OF PROCEEDINGS
(Meeting No. 47)
Tuesday, May 26, 1998
The Standing Committee on Industry met at 3:35 o’clock p.m., this day, in Room 237-C of the Centre Block, the Chair, Susan Whelan, presiding.
Members of the Committee present: Eugène Bellemare, Bonnie Brown, Antoine Dubé, Marlene Jennings, Jim Jones, Francine Lalonde, Walt Lastewka, Ian Murray, Janko Peric, Werner Schmidt, Alex Shepherd and Susan Whelan.
Acting Member present: Mac Harb for Tony Ianno.
Other Member present: John Bryden.
In attendance: From the Research Branch of the Library of Parliament: : Daniel Brassard and Nathalie Pothier, Research Officers.
Witnesses: From the Department of Industry: Sandra Fraser, General Counsel, Competition and Consumer Law Division. From the Competition Bureau: Konrad von Finckenstein, Director of Investigation and Research, Competition Act; Don Mercer, Head, Amendments Unit; Tom Wright, Deputy Director of Investigation and Research, Fair Business Practices Branch; Nicole Ladouceur, Assistant Deputy Director of Investigation and Research, Fair Business Practices Branch; Raymond Pierce, Assistant Deputy Director of Investigation and Research, Mergers Branch.
The Committee resumed consideration of Bill C-20, An Act to amend the Competition Act and to make consequential and related amendments to other Acts. (See Minutes of Proceeding of Tuesday, March 31, 1998, meeting No. 29)
The Chairperson called Clause 1.
Walt Lastewka moved, - That Bill C-20, in Clause 1, be amended by adding after line 6 on page 1 the following:
"(1.1) The definition "business" in subsection 2(1) of the Act is amended by adding the following after paragraph (b):
It also includes the raising of funds for charitable or other non-profit purposes."
After debate, the question being put on the motion, it was agreed to.
Clause 1, as amended, carried on division.
Clause 2 to Clause 11 inclusive, carried.
On Clause 12
Walt Lastewka moved, - That Bill C-20, in Clause 12, be amended by adding after line 23 on page 8 the following:
Permitted representations
"(1.2) For greater certainty, a reference to the making of a representation, in this section or in section 52.1, 74.01 or 74.02, includes permitting a representation to be made."
After debate, the question being put on the motion, it was agreed to, on division.
Clause 12, as amended, carried, on division.
On Clause 13
Jim Jones moved, - That Bill C-20, in Clause 13, be amended by replacing lines 4 and 5 on page 10 with the following:
"means the practice of using live voice interactive tele-"
After debate, the question being put on the motion, it was negatived.
Jim Jones moved, - That Bill C-20, in Clause 13, be amended
(a) by replacing line 18 on page 10 with the following:
"purposes of the communication; and"
(b) by replacing lines 24 to 28 on page 10 with the following:
"ery."
After debate, the question being put on the motion, it was negatived.
Jim Jones moved, - That Bill C-20, in Clause 13, be amended by replacing line 40 on page 10 with the following:
"amount by the participant to the person engaged in the telemarketing contest, or"
After debate, the question being put on the motion, it was negatived.
Jim Jones moved, - That Bill C-20, in Clause 13, be amended
(a) by replacing line 33 on page 11 with the following:
"(6)(a) No person shall be convicted of an"
(b) by replacing line 36 on page 11 with the following:
"the commission of the offence;
(b) for the purposes of paragraph 3(b) no person who responds to consumer initiated inquiries regarding a contest, lottery or game of chance, skill or mixed chance and skill will be deemed to be engaging in telemarketing; and
(c) for the purposes of paragraph 3(b)(i), the words "prior payment" shall not be interpreted as prohibiting the awarding of a prize which constitutes a discount from the price otherwise payable, nor shall the paragraph be interpreted as prohibiting a contest, lottery or game of chance, skill or mixed chance and skill that requires consideration to enter, provided that the contest is lawful except for this section."
After debate, the question being put on the motion, it was negatived.
By unanimous consent, Eugène Bellemare moved, - That Bill C-20, in Clause 13, be amended by replacing paragraph 52.1(3)(d) on page 11 with the following:
"(d) offer a product for sale at a price grossly in excess of its fair market value."
After debate, the question being put on the motion, it was negatived.
Jim Jones moved, - That Bill C-20, in Clause 13, be amended by deleting lines 10 to 21 on page 12.
After debate, the question being put on the motion, it was negatived.
Jim Jones moved, - That Bill C-20, in Clause 13, be amended by replacing line 43 on page 12 with the following:
"the person from the offence;"
After debate, the question being put on the motion, it was negatived.
Clause 13 carried, on division.
On Clause 14
Alex Shepherd moved, - That Bill C-20, in Clause 14, be amended by replacing line 7 on page 13 with the following:
"14. Section 53 of the Act is"
After debate, the question being put on the motion, it was agreed to, on division.
Clause 14, as amended, carried.
Clause 15 and Clause 16 carried, on division.
On Clause 17
Alex Shepherd moved, - That Bill C-20, in Clause 17, be amended by replacing lines 21 and 22 on page 13 with the following:
R.S., c. 27 (1st Supp.), s. 189, c. 19 (2nd Supp.), s. 35 (F)
"17. Sections 56 to 59 of the Act are repealed.
17.1 Section 60 of the Act is replaced by the following:
Defence
60. Section 54 does not apply to a person who prints or publishes or otherwise distributes a representation or an advertisement on behalf of another person in Canada if he or she establishes that he or she obtained and recorded the name and address of that other person and accepted the representation or advertisement in good faith for printing, publishing or other distribution in the ordinary course of his or her business."
After debate, the question being put on the motion, it was agreed to.
Clause 17, as amended, carried.
Clause 18 carried.
On Clause 19
Mac Harb moved, - That Bill C-20, in Clause 19, be amended by adding after line 12 on page 14 the following:
Whistleblowing
"66.1 (1) Any person who has reasonable grounds to believe that a person has committed or intends to commit an offence under this Act, or that grounds exist for the making of an order under Part VII.1 or VIII, may notify the Commissioner of the grounds and the particulars of the matter and may request that his or her identity be kept confidential with respect to the notification.
Confidentiality
(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 any person who performs duties or functions in the administration or enforcement of this Act.
Prohibition
66.2 (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 committed or intends to commit an offence under this Act or that grounds exist for the making of an order against the employer or any other person under Part VII.1 or VIII;
(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 an offence under or that is contrary to this Act;
(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 by or under this Act; or
(d) the employer believes that the employee will do anything referred to in paragraph (a) or (c) or will refuse to do anything referred to in paragraph (b).
Offence and punishment
(2) Every person who contravenes subsection (1) is guilty of an offence and liable
(a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years or to both; or
(b) on summary conviction, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.
Saving
(3) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.
Definition
(4) In this section, "employee" includes an independent contractor and "employer" has a corresponding meaning."
After debate, the question being put on the motion, it was agreed to.
Clause 19, as amended, carried.
Clause 20 to Clause 46 inclusive carried, on division.
On Clause 47
Werner Schmidt moved, - That Bill C-20, in Clause 47, be amended by replacing lines 7 to 9 on page 38 with the following:
"(conspiracy) of the Competition Act in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act, section 47 (bid-rigging) or 52.1 (deceptive telemarketing) of that Act,"."
After debate, the question being put on the motion, it was agreed to, on division.
Alex Shepherd moved, - That Bill C-20, in Clause 47, be amended by replacing line 7 on page 38 with the following:
"(conspiracy) or 47 (bid-rigging) or subsection 52.1(3) (de-"
After debate, the question being put on the motion, it was agreed to, on division.
Clause 47, as amended, carried, on division.
Clause 48 to Clause 54 inclusive carried, on division.
On Clause 55
Alex Shepherd moved, - That Bill C-20, in Clause 55, be amended by replacing line 26 on page 39 with the following:
"(2) Sections 12, 14 to 17.1, 19, 22, 39, 41, 42"
After debate, the question being put on the motion, it was agreed to, on division.
Clause 55, as amended, carried.
The Title carried.
The Bill, as amended, carried, on division.
It was agreed, - That the Chairperson report Bill C-20, as amended, to the House, on division.
It was agreed, - That the Committee order a reprint of Bill C-20, An Act to amend the Competition Act and to make consequential and related amendments to other Acts, for use at Report stage, on division.
During the course of the meeting, the Parliamentary Secretary to the Minister of Industry and the witnesses answered questions.
It was agreed, - That the Committee table a Report to the House, immediately after reporting back Bill C-20, An Act Act to amend the Competition Act and to make consequential and related amendments to other Acts, to state the following:
"Where the law is reasonably settled in respect of a current criminal provision, precedents should not be opened up again for debate simply because of the shift from criminal to civil adjudicative jurisdiction."
At 5:40 o’clock p.m., the Committee adjourned to the call of the Chair.
Georges Etoka
Committee Clerk