An Act to amend the Telecommunications Act

This bill was last introduced in the 38th Parliament, 1st Session, which ended in November 2005.

Sponsor

David Emerson  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Telecommunications Act to permit the Canadian Radio-television and Telecommunications Commission to administer databases for the purpose of its power under section 41, namely the power to prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications to the extent that the Commission considers it necessary to prevent undue inconvenience or nuisance, giving due regard to freedom of expression.
The enactment also establishes an administrative monetary penalty for the contravention of prohibitions or requirements of the Commission under that section.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Telecommunications ActGovernment Orders

October 19th, 2005 / 5:10 p.m.
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Conservative

Bev Oda Conservative Clarington—Scugog—Uxbridge, ON

Mr. Speaker, it is my pleasure to speak to Bill C-37. I commend the member for Edmonton—Leduc in his leadership and work on this bill. I also commend our other representatives on the committee.

How many of us have sat down to dinner or a relaxing evening and the phone rings and upon answering the phone we have heard a taped or live voice selling us carpet cleaning, driveway paving or a new roof? Other calls may have been for the purpose of fundraising on behalf of worthwhile charitable organizations. Still others may have been polls or surveys wanting our opinion on what food we eat, where we shop or a myriad of other subjects, even whom a person might vote for in the next election.

As we have all experienced, there are countless reasons, many legitimate purposes for these unexpected calls and for telemarketing. However, these calls are not necessarily a welcomed intrusion into the homes of many Canadians. According to a survey by Industry Canada, 97% of Canadians claimed to find these calls irritating and have a negative reaction to them, even after the CRTC has done a great deal to manage and improve the telemarketing practices in Canada.

When I was a commissioner of the CRTC I remember dealing with complaints, for example, automated diallers that would cause the phones by patients' beds in the hospital to ring one after another down a hallway. These irritants and other concerns have been dealt with by the commission, and yet still in the 2004 survey undertaken by Environics, Canadians indicated considerable support for another step, a national do not call registry. To date, we have companies and smaller organizations offering such a service on a company by company basis, but this bill introduces a national registry. The survey also showed that 66% of those surveyed said they would sign up for a do not call registry.

The Canadian Marketing Association itself supports a national registry. In its wisdom it recognizes that phoning people who do not want to be called is a waste of their time and resources. A responsible effective registry would benefit all marketers in their public relations and reputations.

The Conservative Party supports this bill insofar as it will respond to the demands of so many Canadians. We believe that a national do not call registry set up within the parameters outlined by Parliament would be in the public interest. We do, however, see the need for the amendments now associated with the bill. These are amendments that will balance the needs of telemarketers with the demands of the public in a simple and responsible way.

The amendments under consideration would in fact address a number of shortcomings not included in the initial bill introduced by the government. Even the CRTC, the agency to be given the responsibility, has asked for more information and details. The commission observed that there were serious flaws in the bill as introduced. It recognized that the job at hand was outside of its current abilities and responsibilities.

Many of the commission's concerns have been addressed in the amendments dealing with the power to impose fines, the delegation of various administrative duties and the introduction of categories allowed exemption to the registry. These amendments have been passed at committee and are part of the debate today.

A three year review once the registry comes into force has been set up. The CRTC is to undertake an investigation as to the best way of setting it up and the associated costs. I do have a concern that the business plan of the CRTC and of the registry should be reviewed prior to the three year review timetable. The public should know how this operation will be set up and what will be the projected cost to the public so that in three years we have something to measure against and we have accountability.

The review is essential because we have to also make sure that we have given the CRTC effective tools to enforce the registry requirements. We would expect careful monitoring of the rate of compliance and complaints received over the three year period.

We would see the effectiveness of the fines and the rates applied. These should be measured as to their ability to limit contravention of registry obligations.

Most importantly, we would caution the government and the CRTC that the government's history with registries is not stellar. We have seen the gun registry and had discussions earlier on it. A promise of a few million dollars now surpasses a billion dollars and at the same time there has been an increase in gun violence.

We must ensure that there will be public accountability in the cost of this registry. The cost presented to the committee for a Canadian do not call registry raises red flags when compared to the cost of the American registry to service a country 10 times the size of Canada. We should learn from the American experience. As the saying goes, “let's not re-invent the wheel”.

Although I support the amendments regarding the anonymity of the identification of the caller and the purpose of the call when surveys are being undertaken, I would ask for clarification by the government on this point. The amendment allows polling companies to make calls without identifying their clients or the purpose of the call.

I agree that the name of the client should be allowed to be withheld. I agree that the name of the client for whom the survey is being conducted may skew the response given, but total anonymity should not exclude the need to identify the surveying company or polling company. I do not see any problem with the caller saying, “We are calling from company X and are conducting a survey or poll”. The public deserves this much. Total anonymity is not acceptable, as far as I am concerned.

As to the other exemptions from the do not call registry, I agree that charities, existing business relationships and political parties should be exempted. We have been told how the effectiveness and challenges for charities, and very worthwhile organizations, would be more difficult if they did not receive this exemption. Consequently, in supporting their causes and supporting their work, I believe the exemption is deserved.

I recommend that the amendment regarding anonymity might be reconsidered to ensure that the underlining principles and purposes of the exemptions proposed would be considered, and that we do have a fair balance between the needs of the telemarketers and the public interest.

In conclusion, I ask that we have a public report as to the initial business plan that the registry might set out with, so that the public is aware of the cost and the tools that are being proposed. We would then have something to measure at the end of the three year review. I also ask that some thought be given in refining the anonymity consideration. I support all the amendments in the bill and I commend the member for Edmonton—Leduc and his work. I am sure he will take my suggestions into consideration.

I know that a national do not call registry would answer the needs of many Canadians, would be a mechanism that would be welcomed by many Canadians and I hope it would also allow many Canadians to finish their dinners.

Telecommunications ActGovernment Orders

October 19th, 2005 / 4:55 p.m.
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Liberal

Brent St. Denis Liberal Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I am pleased to participate at this stage of the debate on Bill C-37, an act more commonly known to create a do not call list for the country.

I want to commend all members of the Standing Committee on Industry, Natural Resources, Science and Technology for an excellent piece of work. I am honoured to chair that committee and I can only say that our ability to work is only because we have cooperation on all sides. The government's willingness, as brought forward by the parliamentary secretary, to look at amendments and the good amendments that were brought forward by all members, especially the critics from the three parties, all provided the House with a better bill to deal with here today.

The bill is not perfect. I do not know if we ever find a government bill that is, but we have struck an excellent balance. I know certain groups or persons may not be entirely happy with it, referring to the comments by the member for Windsor West and others. However it was the amendment of the member for Windsor West which, if I recall correctly, changed the five year review to a three year review. At the three year review, hopefully any serious or minor problems we may have created can be dealt with.

I believe the bill would balance the needs of the marketplace to sell its goods and the needs of consumers who are entitled to privacy in their dwellings. The day is long past where we see door to door salesmen. I do not think anybody here can remember the last time a Fuller Brush salesman was at their door. The times have changed and now the equivalent of the door to door salesman is the telephone telemarketer.

When door to door salesmen go up to a door there could be a sign saying “No solicitors”. I do not think it means lawyers. I think it means no peddlers, no door to door salesmen. That is a clear message to the salesman not to knock at that door. In the telephone marketing business, they need to have the equivalent of that sign on the door and that is what the do not call registry will do.

The registry would in no way impair the ability of telemarketers to conduct their business on behalf of their clients. As the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup said quite effectively, it would reduce the set of calls that the telemarketing company has to make and therefore the percentage of successful calls on behalf of clients will go up because they have taken out a lot of people who do not want the calls and who are not likely to be potential customers of the caller. I think certain efficiencies would be brought to the industry that would be welcomed. We did hear great support from the telemarketing community. We have found that balance.

When I have been the recipient of a nuisance telemarketing call, I have gotten into the habit of politely asking the person to take me off the list. I do not recall ever having a call back from that particular company again. However I am away from home so much, as my colleagues are, that maybe the chances of a telemarketer finding us at home are low.

That said, the bill would simply extend the right of every citizen to be taken off a particular company's or telemarketer's list and creating a centralized list.

However it was important that we consider some exemptions and most particularly, which all parties supported, was an exemption for non-profit organizations. I know the member for Edmonton—Leduc was very effective in bringing forward what I thought was a very balanced approach. Suggestions were made to make the exemption for non-profits much broader, resulting in being more difficult to administer. It is now defined as a list based on the Income Tax Act, which should be, for the do not call administrator, a much easier system to administer.

We also made sure that businesses that had existing relationships with customers could contact those customers for a year and a half after the last significant commercial interaction and six months if it were a relatively minor interaction such as ordering a catalogue.

With those two exemptions for business, I think a balance has been struck. I know there was one particular businessman from British Columbia who contacted all of us. I know his member for Esquimalt—Juan de Fuca spoke to me about his concern. I respect his concern but I think, in balance, a year and a half was the right amount, at least for the first three years of the system.

Concerns were raised too about the cost. I understand from the CRTC's presentation that it is estimating about a $2 million one time implementation cost. The ongoing costs will be taken care of by the telemarketing community, those who do the calls, because they will essentially pay the administration of keeping their lists up to date. There should not be a serious ongoing cost to taxpayers. Since this is a cost that these companies have now in maintaining their own lists, now they can simply allocate those resources as a contribution, I presume, to a national do not call list.

I hope the House will deal with the bill expeditiously. There seems to be a consensus to move forward, notwithstanding a desire for some tweaking here and there, but on balance it is a good bill. It should be dealt with here and I hope expeditiously in the other place so that consumers can have the protection of their privacy to which they are entitled so that each consumer can make his or her decision on whether they shall be subject to the calls from telemarketers, people who wish to sell them a good or service.

Telecommunications ActGovernment Orders

October 19th, 2005 / 4:50 p.m.
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NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, when I heard we would be discussing do not call lists today, I became a little excited because I thought we might get to the bottom of why President Bush seemed to be on the Prime Minister's do not call list for so many months when we had the crisis in softwood lumber. It took months and months to get that first phone call in. Or, why the provincial government seems to be on the health minister's do not call list when it comes to enforcing the provisions of the Canada Health Act around credit card medicine or for profit clinics. Or, why the finance minister in British Columbia is on the immigration minister's do not call list when it comes to ensuring that the money sent to B.C. for settlement services is actually spent on settlement services. Or, why in my own riding the Norman Bethune housing co-op is on the housing minister's do not call list when it comes to getting help to fix the leaky building situation that it faces.

There are a lot of do not call lists around this place that merit some of our investigation. However I am really glad that we are dealing with Bill C-37 because it is important legislation to many people in my constituency. It was something I heard a lot about during the past election campaign and is certainly something I support strongly. I congratulate all the members of the committee and, in particular, the member for Windsor West, on the hard work they have done on this. It certainly sounds like there was a real spirit of cooperation among the committee members.

This afternoon the member for Windsor West said a couple of times that he thought the legislation was a first step and that there were still some serious problems that he tried to change with regard to charities that were included in the legislation. I wonder if he might comment a little further on what next steps need to be taken and about the charity situation.

Telecommunications ActGovernment Orders

October 19th, 2005 / 4:25 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, it is a pleasure to speak to Bill C-37 on behalf of the New Democratic Party. I was part of a meaningful committee, led by our chair who did due diligence to ensure that all members had an adequate opportunity to contribute to the bill. He also ensured that the bill was shepherded through the process of a very difficult parliamentary session.

At the end of the day, this shows there can be all party cooperation to create a bill, in a balanced approach, to deal with a situation with which Canadians have expressed some frustration and concern. Canadians do not want unsolicited phone calls to their homes, which invade their privacy. However, genuine interests of businesses and not for profit organizations use telemarketing as a way of being productive, not only in terms of reaching their goal to be profitable but also providing employment in different regions across the country.

This is a good bill. It creates a solid first step. It is important to talk about the privacy aspect first and what ordinary Canadians feel with regard to telephones calls to their homes.

Canadians foot the bill to have telephones installed in their homes. They pay service charges to maintain the service. There also is the hardware that is necessary for the service to be completed. These calls come through something that they pay for on a regular basis. Service charges eat into their household incomes. At the same time, they are frustrated with unsolicited phone calls from people seeking their support for good causes or from entrepreneurs wanting to introduce them to a business opportunity. There does not seem to be much regulation to ensure that people have the opportunity to opt out. Alternatively, there does not seem be accountability in the system.

It is important to note the voluntary registry under the Canadian Marketing Association, which supports Bill C-37. From experience, it knew it had to update its list often, and there was an administrative capacity to that. There also was a bit of frustration in the sense that, because it is a voluntary registry, there were no penalties associated to those who violated the list. There were also oversight issues related to updating the list for those people who did not want telephone solicitation and marketing to their homes.

It is important to note that in 2003 an Environics survey showed that 81% of respondents reported receiving unsolicited calls and on average received 3.43 calls per week. It has probably increased since 2003. Often people will joke that they receive that amount of calls per dinner time from different organizations.

It also is important to note that those are the calls about which people knew. Canadians face the antagonizing experience of the computerization of this industry, where they are ghost calling into homes. This occurs when a person is at home, the telephone rings, the person picks up the phone and there is no one on the other end. What happens is a computer identifies that person as being home. A caller will then use that information to take advantage of the time the person is there and a call is made soon thereafter.

Quite frankly, this tactic should be eliminated in Canada. I find it difficult to accept the frustration because if individuals are picking the phone up and no one is there, then it is a further intrusion.

While 38% of people said that they tolerated telemarketing, 35% of people were annoyed by telemarketing and 24% hated it. There is a significant divide in the Canadian culture about how tolerant they want to be with regard to this industry, hence the reason for this bill.

An important amendment put forward by the New Democratic Party, which was supported by all parties, was to have a review in three years. The three-year review is important because this is very much a dynamic issue related to employment and privacy. At the same time it can have significant consequences on charitable organizations and businesses that depend upon this type of industry to be profitable and successful. Once again, that also relates to the employment they provide for citizens in our country.

It was noted that amendment 7 would not be discussed here today because it was brought forward after the committee had finished its due diligence on the bill. It is unfortunate that the Speaker has ruled against it. However, I would note that if we had unanimous consent, we could correct the situation, and I would encourage all parties to do so.

The member for Edmonton—Leduc noted that there were significant problems with the bill at first. There were questions about whether the CRTC had the required administrative capacity for which that the government asked. There was a division of lists, basically winners or losers, especially those which could affect charitable organizations by locking them out entirely. As well, other important amendments came forward through a spirit of cooperation that led us here today.

Any time we see a bill come back to this chamber with several amendments, I think is an indicator of a balanced approach, one that builds cooperation in the House of Commons.

In the summary of the bill, the CRTC would have three functions. A third independent party would be responsible for the registry. There has been some good debate about the effects of registry, its cost and overruns. This would be funded by the operators. Therefore, there is something of significance if lack of accountability in the registry occurs.

Hopefully, we have learned lessons that will provide some guidance to ensure that there would not be an additional burden placed upon the industry and the charitable organizations because of the registry and the funding required to ensure that lists are scrubbed and updated. There also would be accountability at the end of the day.

Those consequences could be significant if there were a problem. We now have a changing culture where there will be opportunities for people to remove themselves from lists to which people formerly had access.

It is important to note that some of the lists to be removed from the system are quite helpful to the industry. There is a significant growth in the industry right now, in terms of jobs and employment in Canada and even abroad. I think we have all received solicitation calls from destinations outside of North America. We also have call help centres out there. However, there will be a change in the culture. If there is a burden of responsibility for paying this and there is an impact on the revenue coming in related to the implementation and the culture experienced by people, then there could be significant problems for charitable organizations and businesses. It is a responsibility of the House to ensure that we correct those problems. We are intervening into a curtained system.

Another important thing to note is there will be fines once a full registry is set up, established and operating, which will take approximately 19 months according to the CRTC. In testimony in front of our committee, Mr. French identified that it would take several months to get this thing going. Once that happens, penalties will be imposed. I want to read the section on penalties so people understand there will be expectations on those who are intolerant of the government legislation and of the laws of the land. In particular, section 72.01, the administrative monetary penalties, states:

Every contravention of a prohibition or requirement of the Commission under section 41 constitutes a violation and the person who commits the violation is liable

(a) in the case of an individual, to an administrative monetary penalty of $1,500; or

(b) in the case of a corporation, to an administrative monetary penalty of $15,000.

That is a balanced approach to take to ensure there will be some accountability at the end of the day.

We know that voluntary standards do not often work and that they are problematic because there is no punitive action at the end of the day. Different organizations or individuals will take advantage of that opportunity. Some are law-abiding and will follow the rule, but if there is not a penalty at the end of the day, it becomes increasingly problematic.

I want to bring forward the important factor of charitable organizations and the impact that the bill could have not only on their membership but also on the services they provide to Canadians. We heard testimony from Imagine Canada in a submission to the House of Commons Standing Committee on Industry, Natural Resources, Science and Technology on May 4, 2005:

Cumulatively, nonprofit and voluntary sector groups contribute $75.9 billion annually to the national economy—$34.7 billion if such institutional charities as hospitals, universities and colleges are excluded. This constitutes 8.5% of GDP; 4.0% excluding institutional charities.

It is very important to note that this is a significant shift in our Canadian economy, with 8.5% of the entire GDP being influenced by a new government public policy that is supported by Canadians but which is going to have an impact.

Ms. Dawn Regan, director of finance and fundraising for MADD Canada, quoted a specific item that I think is important to note, because we can see the dependence of particular organizations on calling and the impact it could have on Canadian culture.

We know that MADD is one organization that is supported universally across the country. It does great work in Windsor West, I know, as well as in other constituencies across the country, affecting not only its members but also protecting other Canadian citizens by being proactive with regard to drunk driving and its consequences.

MADD's Dawn Regan said, “Over 90% of our funds are raised through personal donations”. It has asked for an exemption, which it does not currently have. That will go before the CRTC when it starts to develop its list. It is significant that 90% of MADD's donations are susceptible to this change in the bill. This will take away its infrastructure.

I come from a background of working with not for profit organizations. When their systems are built up with that type of dynamic, it makes it very difficult for them to fill the vacuum with other types of revenues. It is important not only in terms of the way that organizations are structured but also for the volunteers and their ability to bring in the resources necessary for their programming.

For example, if that 90% funding drops, then they are going to have to backfill with some other type of funding mechanism, which is very difficult. Fundraising is competitive in this day and age because we have so many charitable organizations competing in difficult circumstances. Many of the corporate donors are tapped out in terms of the availability of capital for organizations and groups.

MADD will have to do their fundraising in a new culture. If that lost revenue is not backfilled, Canadians will lose out and there will be a safety issue on our streets. I think that eventually there will be a further cost if we do not continue to fight drunk driving in our communities.

It is important to note that some of these charities are not going to be classified under the Income Tax Act. As New Democrats we wanted to see a broader exemption to begin with. Then, after looking at the testimony and the input after three years, we wanted to be able to narrow the scope if Canadians chose to do so or continue the status quo.

Some of these organizations do very good work. Greenpeace, for example, is an organization that is not going to have the exemption. It is going to have to change and it will be important for Greenpeace to adapt.

There are also: the Toronto Police Amateur Athletic Association; the Toronto Professional Fire Fighters' Association; Special Olympics Manitoba; the International Association of Fire Fighters and all its locals; the Canadian Professional Police Association and all locals; the National Action Committee on the Status of Women and all locals; the Lions Club; the World Wildlife Federation and so on. The list goes on and on. All not for profit groups whose primary role is advocacy cannot get charitable tax status, but they do depend upon this type of calling format to reach their base and also to reach out to new donors and expand their operations.

It was interesting to note that in the debate today we heard about the lack of accountability that we still sometimes see in the industry. I have personal experience working in call centres. Some of them have come a long way in terms of working standards and improvements; they are so far ahead of what they were. When I was in high school, I worked after school in a call centre that was set up in a hotel room. I can still picture it and smell it today. Twenty-five kids were packed into a dingy small room with one window. Wooden tables, underlaid with iron, were set up with a bunch of telephones on top. Everybody smoked.

We were calling on behalf of an organization that was using a charitable front. We had scripts to read when we contacted individuals in the community. We were led to believe that all of the money collected would be going to the charitable organization but later discovered that the funds were not going to it at all.

My friend and I eventually quit the job in absolute disgust and reported this incident, but there was nothing in the law that prevented this from happening. At the time, it was allowed. Not much could be done with regard to overseeing the message we were conveying versus what the charitable organization actually received.

That needs to change. That type of thing puts other charitable organizations and legitimate businesses that would like to use call centres in a lesser light. That is why accountability is very important.

The bill will provide a screening process which would make people who are contacted by this type of service feel better. It will also provide an opportunity to have some of the calls made to residences withdrawn. Parliament will have the mandate to review what the CRTC is doing and what the government is doing to make sure that the CRTC has the right support and is following the right process.

I raised a concern regarding Canadians' privacy through an amendment which unfortunately was defeated. It related to the PATRIOT Act in the United States. In any type of outsourcing done in the United States, even if it is information about a Canadian, the CIA and the FBI can get all that personal information. For example, if an individual is a credit card holder and the call centre has the data, neither the company nor the individual are told about that. The individual has no rights in terms of what happens with the information.

I had concerns that we would be outsourcing to a third party American firm which would then locate in the United States. We had that situation when the government outsourced the census project to Lockheed Martin. Subsequently, we had to take action that cost millions of dollars in taxpayers' money to correct the situation so the data would remain in Canada and not go abroad where it would be susceptible to other third party governments.

Unfortunately, the committee did not support this recommendation. The Privacy Commissioner thanked me for allowing him to be a part of the committee process and told me my fears could be allayed and put to rest. He told me his office would watch for this and be part of this.

It is a healthy part of our current parliamentary democracy when we have a committee like the industry committee that does a lot of good work in a non-partisan way. I would suggest that this bill is part of what we have done.

Telecommunications ActGovernment Orders

October 19th, 2005 / 3:55 p.m.
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Bloc

Paul Crête Bloc Rivière-Du-Loup—Montmagny, QC

Madam Speaker, I am pleased to rise at report stage of Bill C-37, which has been debated for at least an hour already. In short, this legislation seeks to prohibit unwanted telephone calls. Under the existing marketing system, many calls are made to contact people, to ask them to buy certain products, to support a cause, or to get their opinion. All kinds of calls are made regarding all sorts of issues.

We came to realize that there is a need to monitor this sector, to find a way to control it, so that those who do not want to receive such calls can be exempted from getting them. That is the bill's primary objective.

In an effort to find a proper solution to this issue, we took a look at what is done in the United States and in other countries. The concern of the government and of the members of Parliament was that the CRTC did not have all the appropriate and necessary means to act effectively. A bill was needed to deal with this issue.

The committee heard people from many sectors. The telemarketing industry and telemarketers were represented by the Canadian Marketing Association. We also heard from people engaged in all forms of solicitation, including registered and unregistered charities. These people must solicit the public to have sufficient revenues to carry on their good works. For example, there are people who collect money for muscular dystrophy, for a human rights cause, or for any other good cause.

After listening to these people, we decided to propose an amendment to the bill, because it did not allow people representing these organizations to make telephone calls. Without this amendment, these people would have been prohibited from making calls. We might then have been in a very good position to see the impact that these organizations have on our society. It is often said that without volunteers, things would not work very well. Indeed, if we had not allowed charities to do this type of soliciting, we would have created an unacceptable situation.

This in part reflects the spirit in which we examined the bill. The underlying principle is a good one. We must ensure that people who do not want to be called will not be. On the other hand, we need to see whether there are not some groups that need to be excluded from this situation in order to ensure that an activity that is necessary and appropriate in this society is not systematically hobbled.

As a result, we excluded registered charities, as well as existing business relationships. In the latter connection, we heard from a large number of professional associations. Their representatives came to point out to us that if they were prevented from making these types of calls, or if the way they could be made was not made properly clear, ridiculous situations would result.

Taking the example of someone with a professional relationship with another person, a psychologist, pharmacist or physician for instance, the professional might end up unable to continue contact with his client or patient if that specific activity is not allowed in the amendment. This amendment is therefore also intended as an improvement to the bill, making it more realistic and more in keeping with the intended purpose.

We did, of course, also ask for exclusion of those who had not requested to be put on a do-not-call list, in order to avoid misunderstandings. People might claim they thought they were automatically excluded, although they had not asked to be. We wanted to be sure everything was clear and that there was sufficient protection in that area to avoid any additional pointless legal wrangling.

In a concern for democracy, we also wanted to ensure that, as far as political phone calls and opinion surveys are concerned, our democracy in action would not be hindered. For instance, that we would be able to call people to convince them to vote for us, or to contribute to a political party.

These things are essential for a healthy democratic process. Imagine the opposite scenario: political parties no longer able to call people, pollsters unable to sample public opinion. We would end up in a situation where our citizens' democratic rights were being restricted.

Some people could certainly find ways to circumvent legislation. They would try to achieve the same objective with a very justifiable basis of democratic quality of life. However, this bill would prohibit this.

Oonce again, it seems essential that we be able to move forward with this amendment. We want all of this to be realistic and to lead to a bill with good values.

There is one very important provision that was added along the same lines. It says that the committee will review the provisions of the act three years after its coming into force.

The idea for this amendment came to us mainly after we found out that the practice in the United States and the previous practice in Canada were not clearly defined. We could not be certain that, three years later, we would not have to add groups to the exemption lists to allow them to make telephone calls. Moreover, it is possible that, among the exemptions accepted, some would have to be changed.

The Bloc Québécois had said, among other things, that we could extend this list and add the registered charities. However, the committee did not accept this. It was not part of the committee consensus. However, in three years, we may realize that we should have been bolder and taken advantage of that opportunity to make such a proposal.

Thus, this bill will please the people in Quebec and in Canada in general. It will make it possible for many people who do not want to receive this type of telephone call to be put on a do not call list. For example, we often receive ad bags at our doors on weekends. They contain all kinds of advertisements, weekly magazines and so on. However, if we do not want to receive them, we inform the distributors and they stop sending them. It is a democratic choice that we make and that is very relevant.

So we want this legislation to give this choice to people, too, with regard to telephone calls. That is why the Bloc Québécois supports Bill C-37.

In a recent Environics survey, 79% of Canadians surveyed said that they support a national do not call list and 66% of those surveyed said they would sign up for such a service. So this bill is justified and socially acceptable. However, we must not forget that a former member of the Canadian Alliance—unfortunately, I cannot recall the name of his riding—had introduced Bill C-301, which died on the Order Paper. So there was already a will to move in this direction.

Furthermore, under that bill, telemarketers who ignored the list were committing an offence and liable to significant fines in the amounts set out in section 73 of the legislation.

In 2003, the Bush administration, through the Federal Trade Commission, implemented what is known as the do not call list in the United States. This same term is used in Canada. During the first year after the new law came into force, 62 million Americans registered and 428,000 complaints were filed against non-compliant companies.

A recent survey by the Customer Care Alliance illustrates consumer reaction to the American do not call list. Some 60% of consumers said they had registered and 87% of those registered reported fewer calls, an estimated decrease of 24 calls per month. So the American model has achieved real results. The model we are implementing is not identical to the American model, but it seeks to achieve similar results.

Another American survey conducted in winter 2004 indicated that 92% of those registered reported fewer calls, including 25% who did not receive any calls at all. The very principle of the bill was wholly respected. These people did not want to get any more calls and they did not.

As a result, in keeping with the general shift in this direction, in May 2004, the CRTC introduced new, more restrictive rules for the telemarketing industry in order to protect consumers. These rules apply to all aspects of this industry. However, the CRTC recognized that one area came under the responsibility of legislators. This area did not fall under the CRTC's mandate, and it wanted such a list to be created.

Again, following this recommendation by the CRTC, the government introduced the bill, and members worked in committee to make it the best possible bill.

This legislation affects big players, such as the Canadian Marketing Association, which is the largest marketing industry association in Canada. Its member companies contribute to the Canadian economy by essentially providing 480,000 jobs and by making more than $51 billion in annual sales. This association is also a powerful lobby for the marketing sector. It has said that it supports Bill C-37, while at the same time having certain concerns regarding the powers given to the CRTC within the parameters of the regulations. This will have to be monitored closely to ensure that the bill remains as realistic, in its content, as its purpose.

The Canadian Marketing Association currently maintains a registry. It would like to be mandated to manage the system that will be put in place to administer the current list. That would not necessarily be the Bloc's choice. We believe that the organization selected should be one with greater independence. We must not find ourselves in a situation similar to that of the oil industry. In this instance, a private organization is providing information in good faith. But for the public, it is not speaking on behalf of the government, but the private sector. It may not be as credible. We would not want to make the same mistake. So, we must ensure that the organization in charge of putting this registry in place operates at arm's length and that its mandate is clear.

We would have liked this bill to deal with the issue of fraudulent telemarketing, but that was not possible in this case. This is a very widespread problem in Canada. Perhaps this issue would be more appropriately dealt with under the Criminal Code. Perhaps the government or a member of this House should move forward on this issue. When we talk about fraudulent telemarketing, we are not referring to those who make telephone calls in accordance with the act and the rules: we are talking about those who try to fleece people by offering them products at a lesser price than the regular off-the-shelf price. They cash the cheque, the product is not delivered and they simply vanish. Some real efforts are required regarding this problem.

For example, illegal call centres, the so-called boiler rooms, generate illicit revenues in excess of $60 million. It is said that a defrauder illegally earns between $1,000 and $5,000 US per week. So, it would be in order to present a government or a private member's bill to amend the Criminal Code and correct this situation.

I am now going to deal with the more controversial part of this amendment that all parties were prepared to support to allow a telecommunication “made for the sole purpose of soliciting a subscription for a newspaper of general circulation.” A consensus was achieved among all parties. We received letters congratulating us for agreeing to make such an amendment. Unfortunately, the Chair deemed it out of order. I am not questioning the relevancy of the ruling made by the Chair as it relates to the rules of admissibility. However, it seems to me that if the House wanted to properly finish the job and pass a bill that truly reflects the committee's wish, we should be able to make that amendment.

I hope that the ruling issued earlier on the request for consent will be reconsidered. This would allow us to see if there is a way to have the amendment adopted. If that is not possible today, then this consent should be obtained at the beginning of third reading, while ensuring that the everything is in order. It would be somewhat of an aberration if a simple rule of procedure were to prevent us from making a bill more comprehensive. As regards the substance of this issue, it is important that we move forward with a bill that reflects as accurately as possible the wishes and the will of those whom we represent in this House.

The amendment is intended to exclude only calls “made for the sole purpose of soliciting a subscription for a newspaper of general circulation.” Clear presentations were made on that.

As well, there were demonstrations of the economic impact of not accepting that amendment. I would like to see a way found to declare it in order with another call for unanimous consent. I will not do that now, but I would like hon. members to reflect on this question and find the right time to do so.

If we had that amendment along with all the other amendments to the bill proposed by all parties, after a serious debate and listening to a multitude of witnesses, we would have a top-notch bill. What is more, the mandatory three-year review clause will enable us to revisit the legislation at that time. Any adjustments needed can be made at that time.

I doubt, however, that the newspaper industry can wait that long. If we do wait three years before reworking the legislation because of this amendment, there is going to be a major problem, one we will be responsible for. At least the hon. members who refused to make that amendment part of the bill will be. That would, in my opinion, be an unacceptable position.

Often, in this House, we debate bills about which we do not have similar views or expectations. We have partisan views which, on the substance, may differ in many regards. For once that we have a bill on which we have all done non-partisan work and put in the energy necessary to achieve the desired result, it would be very sad that, in the end, an important element would be missing because of a rule of procedure. I think that we should work to ensure that the amendment can be incorporated into the bill.

Let us try to figure what will happen three or five years from now, when the legislation is reviewed. I would really like for us to be able to achieve results similar to that achieved in the U.S., where a very significant number of people have requested to be put on do not call lists. That was done, and they were pleased with being excluded. Tests should also be conducted with respect to all the proposed amendments, to determine whether the desired results have been achieved with the special permissions given to organizations such as charities.

It might be a good idea to conduct a parallel study with a small control group. If we took a fictitious agency, or a charity that cannot make this type of call, we could look at how much money it would have collected in three years, voluntarily, and compare that with the rest of the market that had this permission.

I am also thinking of all the current international natural disasters. It would be utterly ridiculous if the situation were not corrected. The Canadian government said it would match the contributions of Canadians for the crisis in Pakistan. If we do not get the amendment we want, charitable organizations of this kind could no longer do their telemarketing work, which is important and justified for such a highly commendable cause that deserves our support.

In three years, when the bill has completed its first phase and becomes common practice, when the contract has been awarded and management of the registry delegated, we could re-evaluate and correct the situation if necessary.

Nonetheless, in principle and given what we have seen in other countries—in the United States, in particular—I think we have a quasi ideal bill before us if we can incorporate the consultations held. There is only one amendment missing; the one that all the parties agreed to contribute. For now, we seem to lacking the consent. Someone from the Liberals refused to give their consent earlier. I hope we can complete the work on this bill in the next few hours.

Telecommunications ActGovernment Orders

October 19th, 2005 / 3:45 p.m.
See context

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Madam Speaker, my colleague is a very hard-working member of the industry committee and I commend him on his work. All members of that committee worked quite diligently to amend this bill for the better.

He is very correct in that the bill was really inspired by concern about the calls that we and our constituents receive, which we perhaps find to be increasingly annoying or come at times of the day or evening when we would not like to receive them. It is a desire for Canadians to have a registry on which they could put their name to not receive those types of calls. As my colleague pointed out, there were reasons to provide exemptions to charities or other organizations and businesses with which there is an existing relationship.

In response to his specific concern about the newspapers, we did agree to a motion and the government put it forward, to its credit. My understanding is the Speaker felt that the amendment could have been moved at committee. I would take the liberty of saying to the Chair that this is in fact true, but one of the issues was that the people who wanted the amendment put forward for one reason or another were not able to put it forward at committee. Therefore, the government has moved Motion No. 7, which reads:

That Bill C-37, in Clause 1, be amended by replacing lines 23 to 26 on page 3 with the following:

“(c) for an electoral district;

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

(g) made for the sole purpose of soliciting a subscription for a newspaper of general circulation”.

In response to my colleague's question, if we could seek unanimous consent to allow this motion to be debated, I think there would be unanimous consent to debate it and then to pass it. I would certainly support the motion. I think all members of the House would support it. If that is the proper course, I would seek unanimous consent to debate and pass this amendment and thus improve the bill even more.

Telecommunications ActGovernment Orders

October 19th, 2005 / 3:30 p.m.
See context

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Madam Speaker, it is a pleasure to speak today to Bill C-37, an act to amend the Telecommunications Act. The debate centres around the government's latest set of amendments in an effort to establish a national do not call registry and whether or not the registry will be workable and fair.

I want to discuss several of the amendments that are before us today but first I would like to reiterate the position of the Conservative Party on the bill and on the establishment of a do not call registry in general.

As I have said before, the Conservative Party does support the establishment of a national do not call registry within parameters that are clearly defined by Parliament and with reasonable exemptions provided for charities, political parties, polling firms and companies that wish to contact their current customers. That was our position at second reading on the bill and that has been our consistent position throughout the debate on the bill.

When we first debated the bill in December 2004 there were no exemptions at that time laid out by the government. In fact, many would say that the bill, as it was first introduced, would have created quite a mess. Even witnesses from the CRTC stated that they wanted some exemptions clearly defined by Parliament. It was also evident that the bill would be facing stiff opposition from a number of sectors for being too rigid.

The government did realize that it would face opposition to the bill from various sectors and various parties. Early on there was talk of a dual registration type system where the government considered allowing individuals to either receive calls from charities or register to receive absolutely no calls from anyone else. We, in our party, did not see that as an efficient way to handle the registry and the list. The creation of two lists, in our view, would have been an inefficient way to do that.

As the bill progressed through the House and into the Standing Committee on Industry, Natural Resources, Science and Technology, there were some problems with regard to the length and breadth of hearings. Many groups complained that hearings were cut short or that they were not heard at all. The only witness from the private sector who was called as a witness was a representative from the Canadian Marketing Association, which our party certainly regretted. We felt that any interested parties who wanted to come before the committee should certainly have been allowed to do so.

As members can tell, there is a lot to discuss in the debate when it comes to the creation of a do not call registry.

I would now like to address charities. For those witnesses who did appear at committee it became very clear that a number of exemptions would have to be in order to allow charities to continue to use telemarketing to ensure their survival. The first amendment that was passed in committee allows registered charities within the meaning of the Income Tax Act to be exempt from the national do not call list.

Dr. Gordon Hope, member and program coordinator for the Canadian Council of the Blind appeared at committee on May 4, 2005 and stated:

Because of the nature of the impairment of our members, communication with them and by them for public awareness, membership recruitment, and fundraising is best done through the auditory medium of the telephone, as verbal communication, better than any other form, meets the standard of accessible exchange of information, something that many would argue is a human right. It is conceivable that Bill C-37 could cause the Canadian Council of the Blind to cease to exist as we know it if alternatives to make up for the effects of this bill cannot be found.

We also heard from Ms. Dawn Regan, the director of finance and fundraising for Mothers Against Drunk Driving. She said:

Not only would Bill C-37 have a devastating financial impact on MADD Canada, it would cripple our ability to effectively serve Canadians. We have public awareness campaigns, educational programs, victims services, youth outreach, and legal education, as well as fundraising efforts. The vast majority of these activities occur by using the telephone as our primary communication tool.

As we can tell from the testimony, it is very important to continue to allow charities to use telemarketers.

Another issue that has received a lot of attention is that of existing business relationships. The do not call registry in the United States allows telemarketers to call a consumer with whom it has a voluntary established business relationship for up to 18 months after the consumer's last purchase.

Both small and large businesses argued in submissions to the committee that they needed to communicate with their existing customers. Thus, an exception was made to do so.

The committee also felt that calls made for the sole purpose of collecting information for a survey of members of the public should be allowed. This amendment, along with amendments to allow political parties or candidates for electoral district associations, allows for freedom of speech and for get out the vote campaigns.

The example here is to allow a candidate from any party, or even an independent for that matter, to actually phone people, offer what they offer in terms of service to the country and, after they have identified some supporters, be able to phone those persons to get them out to vote on election day. It is a very important part of our political process.

Part of my speech addresses a motion which unfortunately, I think has a bit of a technical problem. I hope we can get unanimous consent after my speech to introduce the motion because I think it is an important one. Motion No. 7 allows for an exemption for calls made for the sole purpose of soliciting a subscription for a newspaper of general circulation. I support this amendment. It is about literacy and freedom of speech. Newspapers contribute to the democratic dialogue in Canada. In fact, section 2(b) of the Charter of Rights and Freedoms protects the freedom of thought, belief, opinion and expression, including the freedom of the press.

We would consider the bulk of the remaining amendments before us to be administrative. Because of the number of changes made in committee, changes had to be made to correct the bill. In addition, there are a number of corrections that must be made to the French version of Bill C-37.

Motion No. 10 is perhaps the most complicated amendment we are dealing with today. There are now a number of practical exemptions to the national do not call registry. However, Conservative members of the Standing Committee on Industry want to make sure that those organizations that have received an exemption do not prove to be a burden on Canadian consumers. The Conservative Party member of the standing committee made motions to require exempt organizations to do two things.

First, charities, political parties, businesses, et cetera, at the beginning of the phone call must identify the purpose of the call and the organization on whose behalf the call is being made. Canadians would know immediately who is calling and why.

Second, even though they are exempt from the national registry, charities, political parties and businesses must keep their own do not call registry. If people do not want their bank to call to remind them that their mortgage is up for renewal, even though they have an existing business relationship with that bank, they can be asked to be placed on the do not call list. This responds to some of the concerns of many consumers. Even though there would be an exemption, and they agree that some exemptions are reasonable, for certain exemptions they could still be asked to be put on a do not call registry for that specific company, charity or whatever.

However, one of the amendments we are considering today grants an exemption to the exemption, if I could put it that way. Motion No. 10 allows polling companies to make calls without identifying their clients or the purpose of their call and does not require them to keep their own do not call list. The question here is, why? Why would we allow telemarketers who conduct surveys to do so anonymously? There are two reasons in this case.

First, it is believed that if people know the polling firm is calling on behalf of a particular political party, their answers may be influenced by that and therefore skew the results. Second, the government believes that polling firms should not be restricted as to whom they call, otherwise the sample or the results could be skewed.

I would like to address the whole administration of the system.

We have reviewed the amendments to Bill C-37, both the amendments passed in committee and the amendments on the order paper which are before us today. The package of amendments taken as a whole is a good start in the creation of a national do not call registry. I am pleased that the registry would be reviewed by Parliament after three years. This is one of the changes which was asked for at committee and was granted. It will be very important to evaluate how the exemptions are working, if anyone is violating the law and the effect it will have on the Canadian economy.

Like it or not, the telemarketing industry has been Canada's number one job creation industry for nearly 20 years. Statistics Canada reported in May 2005 that employment in this industry grew by 447% between 1987 and 2004. The average growth for all service industries during the same period was a comparative 37%, which is obviously a big difference.

For the Conservative Party the next big challenge is the administration of the do not call registry.

The Canadian Radio-television and Telecommunications Commission, the CRTC, is empowered to deal with telemarketing in Canada. However, it has complained for a long time that its powers were restricted and thus it could not regulate and monitor telemarketing effectively. In May 2004 the CRTC stated in a National Post article that it was not equipped to administer a national do not call list. However, the CRTC is now charged with making this registry work.

A government press release on December 13, 2004 stated:

Once the legislation is in place, it is expected that the CRTC will undertake consultations to find an administrator, to determine how the list will operate and how much it will cost, and to consider whether any types of calls should be exempt from the Do Not Call List. The implementation of the list by the CRTC will follow these deliberations in due course.

Mr. Richard French, vice-chairperson of the CRTC, appeared in front of the standing committee to discuss, among other issues, the future administration of the registry. He said:

—at the moment there is no clear indication of what the government's intentions might be with respect to recovering the costs of just under $2 million, which we estimate would be one-time start-up costs. Furthermore, our best efforts to plan a rapid calendar for implementation indicate to us that it will take some 19 months, at the fastest, between the time Parliament passes the law and the time we could begin to operate a national do not call list.

It is my understanding that a third party will be contracted by the CRTC to maintain and operate the list. I hesitate to remind the House that anytime we set up a registry in this country, we have to keep in mind another registry implemented by the Liberal Party of Canada which turned into an absolute fiscal disaster. I am talking about the firearms registry which in 1994 the then justice minister said would cost $2 million, but I think he meant to say $2 billion because that is what it is approaching right now, sadly to the detriment of all taxpayers in this country.

When I spoke to this bill at second reading, I outlined some of our concerns with respect to the administration of this database. Parliament must continue to seek out details as to how the registry will be run. For instance, how will the list be maintained? How will the list be accessed? Who will maintain the list? What will be required of telemarketers? How often must they check the list? Will there be a maintenance fee for telemarketers? These are all questions that must be asked and must be answered in my view to Parliament itself.

I have spoken with the CRTC and have outlined my concerns and I appreciate its attendance to them. Some of the amendments that were made in committee will allow Parliament and Canadians to keep abreast of the administrative workings of the registry.

In conclusion, the Conservative Party does support the establishment of a do not call registry within parameters clearly defined by Parliament and with reasonable exemptions provided for charities, political parties and companies that wish to contact their current customers.

I am looking forward to the public hearings and the public tender of the contract to administer the database from the CRTC. It is my hope we can create a workable list that will strike a balance between the interests of Canadian consumers first and the contribution telemarketing makes to our economy, as well as the interests of groups such as charities and political parties to continue to contact those people they need to in order to survive, especially with those who have an existing business relationship or voluntary business relationship.

I look forward to the creation and the operation of this list. I hope that all my colleagues in Parliament will support not only the amended bill that was done with a lot of work at committee, but the motions before us today.

Telecommunications ActGovernment Orders

October 19th, 2005 / 3:25 p.m.
See context

Chatham-Kent—Essex Ontario

Liberal

Jerry Pickard LiberalParliamentary Secretary to the Minister of Industry

Mr. Speaker, I am pleased today to begin the process of the report stage debate on Bill C-37, an act to amend the Telecommunications Act.

The bill would augment the powers of the CRTC to establish a more effective regime to protect the consumers against unsolicited telemarketing while protecting their privacy.

The bill provides the legislative framework for the creation of a national do not call list.

The bill enables the CRTC to do three things: first, impose fines for non-compliance; second, establish a third party administrator to operate a database; and third, give the ability to set fees to recover costs associated with maintaining the list.

Bill C-37 has been reviewed in detail by the Standing Committee of Industry, Natural Resources, Science and Technology. In its report to Parliament, the committee recommended amendments to the bill, including an exemption from the national do not call list for survey and polling firms for the sole purpose of collecting information from the general public

The committee's recommendations also required a caller to identify the purpose of the call and the person and organization on whose behalf the telecommunications are being made.

The committee recognized the importance of the survey and polling firms in collecting opinions of all Canadians to support research and to allow companies and organizations to make sound decisions.

However there are unintended consequences of these amendments for survey and polling firms that could possibly create unrepresentative samples of the Canadian public created by unreliable survey results. If survey and polling firms do not have the ability to contact all Canadians, this could create a misleading survey. The survey results would be, at best, a subset of Canadians, the opinions of individuals who are not on the do not call list, instead of capturing the views that represent all Canadians.

In addition, if a survey and polling firm has to identify on whose behalf the call is being made, the possibility of biasing the survey exists.

I am proposing the following amendment that further clarifies an amendment adopted by the committee by adding a new subsection 41.7(5) that would read:

notwithstanding any other provision of this Act, subsections 3 and 4 do not apply in respect of a person making a telecommunication referred to in paragraph 41.7 subsection 1(f).

As originally intended by the committee, survey and polling firms would be exempt from the do not call list and would continue to be allowed to collect information from all Canadians.

Also, there are a few housekeeping matters that need to be addressed. Section 41.1 of the bill, as introduced at first reading, stated “sections 41.2 to 41.5 create a legislative framework for a national do not call list”.

In its report to Parliament, the committee recommended amendments to the bill by adding new sections, sections 41.6 and 41.7. During the reprinting of the bill, section 41.1 was not updated to reflect the new sections added at committee.

Lastly, we are proposing administrative amendments to improve the French terminology for the national do not call list. I am proposing to amend section 41.1 to accomplish that. This amendment simply acknowledges the new sections of the bill adopted by the committee.

I urge the hon. members to support the amendments to the bill so that we move forward to give individual Canadians an easy way to curtail intrusive telemarketing while protecting their privacy.

Telecommunications ActGovernment Orders

October 19th, 2005 / 3:25 p.m.
See context

Vancouver Kingsway B.C.

Liberal

David Emerson LiberalMinister of Industry

moved:

Motion No. 1

That Bill C-37, in Clause 1, be amended by replacing line 6 on page 1 with the following:

“41.1 Sections 41.2 to 41.7 create a legislative”

Motion No. 2

That Bill C-37, in Clause 1, be amended by replacing, in the French version, lines 17 and 18 on page 2 with the following:

“rapport sur l’utilisation de la liste d’exclusion nationale pour cet exercice.”

Motion No. 3

That Bill C-37, in Clause 1, be amended by replacing, in the French version, lines 36 and 37 on page 2 with the following:

“aux termes de l’article 41.2 pour les besoins d’une liste d’exclusion nationale ne”

Motion No. 4

That Bill C-37, in Clause 1, be amended by replacing, in the French version, line 4 on page 3 with the following:

“ci est faite — a une relation d’affaires en cours,”

Motion No. 5

That Bill C-37, in Clause 1, be amended by replacing, in the French version, line 6 on page 3 with the following:

“sion quant à la”

Motion No. 6

That Bill C-37, in Clause 1, be amended by replacing, in the French version, line 13 on page 3 with the following:

“lois provinciales pour les besoins d’une élection”

Motion No. 8

That Bill C-37, in Clause 1, be amended by replacing, in the French version, lines 4 to 6 on page 4 with the following:

“« relation d’affaires en cours » Relation d’affaires qui a été créée par une communication bilatérale entre la personne”

Motion No. 9

That Bill C-37, in Clause 1, be amended by replacing, in the French version, lines 38 and 39 on page 4 with the following:

“doit maintenir sa propre liste d’exclusion et veiller à ce qu’aucune”

Motion No. 10

That Bill C-37, in Clause 1, be amended by adding after line 45 on page 4 the following:

“(5) Subsections (3) and (4) do not apply in respect of a person making a telecommunication referred to in paragraph (1)(f).”

Telecommunications ActGovernment Orders

October 19th, 2005 / 3:25 p.m.
See context

The Speaker

There are 10 motions in amendment standing on the notice paper for the report stage of Bill C-37.

Motion No. 7 will not be selected by the Chair as it could have been presented in committee.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76(5) regarding the selection of motions in amendment at report stage.

Motions No. 1 to 6 and 8 to 10 will be grouped for debate and voted upon according to the voting pattern available at the Table.

I shall now propose Motions Nos. 1 to 6 and 8 to 10 to the House.

Business of the HouseOral Questions

October 6th, 2005 / 3:05 p.m.
See context

Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, I understand from the member's question that he was obviously not at the last opposition House leaders' meeting where the entire agenda up to December 15 was laid out, including the seven opposition days to which he has referred.

In terms of background, I might also suggest to the hon. member that back in 1973 when there was a minority Parliament, the House opened on January 4 and all seven opposition days were held between March 5 and March 26. Back in 1979, when the House opened on October 9, opposition days started November 6. Opposition days clearly are the purview of the government to schedule. We have scheduled all of them for the opposition parties.

The House will continue this afternoon with the second reading of Bill C-54, the first nations oil and gas bill, followed by second reading of Bill S-38, respecting trade in spirits, and report stage and third reading of Bill C-28, the food and drugs bill.

Tomorrow we will begin with Bill C-28 and if it is completed, we will proceed with second reading of Bill S-37, respecting the Hague Convention and Bill S-36, respecting diamonds.

Next week is the Thanksgiving break week and I wish all hon. members a very happy Thanksgiving.

When the House returns on October 17, we will consider second reading of Bill C-63, respecting the registration of political parties, followed by report stage and third reading of Bill C-49, the human trafficking bill, second reading of Bill C-65, the street racing bill, Bill C-64, the vehicle registration legislation, and report stage of Bill C-37, the do not call bill.

As the week continues, we will add to the list reference to committee before second reading of Bill C-50, respecting the cruelty to animals, Bill C-44, the transportation legislation, Bill C-47, respecting Air Canada, the reference before second reading of Bill C-46, the correctional services bill, and by the end of the week we hope to begin debate on the energy and surplus bills that are being introduced this week. There is also ongoing discussions about a take note debate that week.

As members can see, there is a heavy agenda and important legislation. As I said and as I laid out to the opposition House leaders at our previous meeting, in the post-Remembrance Day segment of this sitting, we will consider the business of supply and we hope to be in a position to deal with the final stages of many of these very important bills before the end of the year.

Business of the HouseOral Question Period

June 16th, 2005 / 3:05 p.m.
See context

Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, our principal legislative objectives continue to be Bill C-43, the third reading vote of which will take place after question period, and Bill C-48. The government believes these bills reflect public interest and the enactment of both of these bills is required before the House adjourns for the summer. As the hon. member mentioned, if the House does not pass Bill C-48, we will be here in July and August. Consequently, we will continue to give these bills priority until they are disposed of.

We will then consider report stage of Bill C-38, the civil marriage bill; Bill C-25; Bill C-28; Bill C-52, the Fisheries Act; Bill C-47; Bill C-53; Bill C-55, the bankruptcy bill; and Bill C-37, the do not call legislation.

Committees of the HouseRoutine Proceedings

June 13th, 2005 / 3:15 p.m.
See context

Liberal

Brent St. Denis Liberal Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I have the honour to present, in both official languages, the sixth report of the Standing Committee on Industry, Natural Resources, Science and Technology on Bill C-37, an act to amend the Telecommunications Act.

Business of the HouseOral Question Period

June 9th, 2005 / 3 p.m.
See context

Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue with the opposition motion. I wish to designate Tuesday, June 14 as an allotted day, which means that the main estimates shall be dealt with that day.

Tomorrow we will begin report stage of Bill C-43, which is the first budget bill. This bill will be our priority until it is disposed of. When Bill C-48, the second budget bill, is reported from committee, it, too, shall be given our top priority.

There are discussions among the parties concerning the early disposal of Bill C-2, the child protection legislation; Bill C-53, the bill respecting proceeds of crime; and possibly Bill C-56, the Labrador-Inuit legislation.

The other pieces of legislation that we can anticipate debating in the next week are: Bill C-26, the border services bill; Bill S-18, the census legislation; Bill C-25, RADARSAT; Bill C-52, the Fisheries Act amendment; Bill C-28, the Food and Drugs Act amendments; Bill C-37, the do not call legislation; Bill C-44, the transport legislation; and Bill C-47, the Air Canada bill.

Business of the HouseOral Question Period

June 2nd, 2005 / 3 p.m.
See context

Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, before I get to the weekly business statement, I said at that time that I would begin to schedule opposition days before the end of May and that is exactly what I have done. There are a number more to schedule.

Today and tomorrow, of course, are allotted days. I also wish to designate next Tuesday and next Thursday as allotted days.

When the budget bills, Bill C-43 and Bill C-48 are reported from committee, they will certainly become our highest priority.

In the meantime, we will proceed with third reading of Bill C-22, the social development bill; report stage and third reading of Bill C-26, the border services legislation; second reading of Bill S-18, respecting the census; and Bill C-52, the Fisheries Act amendment.

We will then turn to report stage and third reading of bills that have been or are soon to be reported from committee. These include Bill C-25 respecting RADARSAT; Bill C-37, the do not call bill; Bill C-28, the food and drug legislation; and Bill C-38, the civil marriage bill. If there is time during the next three weeks, we will also start to debate the legislation that has been introduced during the last few weeks.