Industry committee  If I may, I'd like to make a very brief comment.

Industry committee  I agree that this issue may not be related to the bill and its amendments. However, I'd like to come back to a point I raised about the new proposed criminal offence related to non-poaching and wage fixing. It must be agreed that, currently, the processes for disqualification from public contracting will ensure that someone who's found guilty of those offences would lose the ability to obtain federal and provincial public contracts, here, in Quebec.

Industry committee  Let me answer that twofold. In the past, we had this general criminal prohibition that could encompass any agreements that had an undue lessening of competition. We moved away from that. Those were the 2009 amendments. It was furthered through a very long process, if I may. Three expert reports were commanded by the commissioner at the time to get ideas of what exactly should be per se, with 14 years of jail term attached to that.

Industry committee  I believe, honourable member, that a criterion would need to be added to those used to determine whether anti-competitive effects exist. Without knowing whether our section has adopted a firm stance on the matter, I don't want to say any more on the topic. I'll just tell you that there is a problem and invite you to question the other witnesses.

Industry committee  I believe that our section's position and that of the Canadian Bar Association are in fact a combination. I must note the somewhat technical aspect of the act. Honestly, the caps are also regulated. The new caps in question here applied to cases of abuse of dominant position and misleading advertising.

Industry committee  In the letter from the Canadian Bar Association, a footnote indicates what could be a similar case related to the Ontario securities legislation. In that other case, however, the maximum threshold is $1 million, and according to the information we have, that measure has never been invoked.

Industry committee  Thank you for your question. First, the comment about the potential impact the bill could have on Canada's reputation is more about the calculation of the administrative monetary penalty that could be imposed in the event of abuse of dominant position, as proposed in the bill.

Industry committee  You heard before that I'd like to address the wage-fixing and the no-poach proposed amendments. The BIA would expand the current per se illegal criminal conspiracy offence under section 45 to such no-poach and wage-fixing agreements. The CBA is of the view that the criminal offence for wage-fixing and no-poach agreements may not be the most efficient way to improve the act's operation.

Industry committee  Thank you, Ms. Kearney. The Canadian Bar Association, or CBA, is a national association of over 36,000 legal practitioners across the country. The main objectives of the CBA are to improve law and the administration of justice, and that's why we're here today on behalf of the competition law and foreign investment review section.