Electronic Commerce Protection Act

An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Tony Clement  Conservative

Status

In committee (Senate), as of Dec. 15, 2009
(This bill did not become law.)

Summary

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

This enactment establishes a regulatory framework to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities.

It enacts the Electronic Commerce Protection Act, which prohibits the sending of commercial electronic messages without the prior consent of the recipient and provides rules governing the sending of those types of messages, including a mechanism for the withdrawal of consent. It also prohibits other practices that discourage reliance on electronic means of carrying out commercial activities, such as those relating to the alteration of data transmissions and the unauthorized installation of computer programs. In addition, that Act provides for the imposition of administrative monetary penalties by the Canadian Radio-television and Telecommunications Commission, after taking into account specified factors. It also provides for a private right of action that enables a person affected by an act or omission that constitutes a contravention under that Act to obtain an amount equal to the actual amount of the loss or damage suffered, or expenses incurred, and statutory damages for the contravention.

This enactment amends the Competition Act to prohibit false or misleading commercial representations made electronically.

It also amends the Personal Information Protection and Electronic Documents Act to prohibit the collection of personal information by means of unauthorized access to computer systems, and the unauthorized compiling of lists of electronic addresses.

Finally, it makes related amendments to the Competition Act, the Personal Information Protection and Electronic Documents Act, the Canadian Radio-television and Telecommunications Commission Act and the Telecommunications Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Industry, Science and Technology Committee, on June 9, 2009

  • Helen McDonald, Assistant Deputy Minister, Spectrum, Information Technologies and Telecommunications, Department of Industry
  • Richard Simpson, Director General, Electronic Commerce Branch, Department of Industry

Industry, Science and Technology Committee, on June 11, 2009

  • Michael Geist, Canada Research Chair, Internet and E-commerce Law, University of Ottawa, As an Individual
  • Dennis Dayman, Secretary Treasurer, CAUCE North America, Inc.
  • Matthew Vernhout, Director-at-large, CAUCE North America, Inc.

Industry, Science and Technology Committee, on June 16, 2009

  • Wally Hill, Vice President, Public Affairs and Communications, Canadian Marketing Association
  • Barbara Robins, Vice-President, Legal and Regulatory Affairs, Reader's Digest, Canadian Marketing Association
  • Susanna Cluff-Clyburne, Director, Parliamentary Affairs, Canadian Chamber of Commerce
  • Barry Sookman, Partner, McCarthy Tetrault LLP, Canadian Chamber of Commerce
  • Bernard Courtois, President and Chief Executive Officer, Information Technology Association of Canada
  • Suzanne Morin, As an Individual

Industry, Science and Technology Committee, on June 18, 2009

  • Elizabeth Denham, Assistant Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
  • Duane Schippers, Deputy Commissioner of Competition, Legislative and Parliamentary Affairs Branch, Competition Bureau
  • Carman Baggaley, Strategic Policy Advisor, Office of the Privacy Commissioner of Canada
  • Hedy Kirkby, Acting Senior Counsel, Office of the Privacy Commissioner of Canada
  • Konrad W. von Finckenstein, Chairman, Canadian Radio-television and Telecommunications Commission
  • Len Katz, Vice-Chairman, Telecommunications, Canadian Radio-television and Telecommunications Commission
  • John Traversy, Executive Director, Telecommunications, Canadian Radio-television and Telecommunications Commission

Industry, Science and Technology Committee, on Sept. 28, 2009

  • Yves Morency, Vice-President, Government Relations, Mouvement des caisses Desjardins
  • Frank Zinatelli, Vice-President, Legal Services and Associate General Counsel, Canadian Life and Health Insurance Association Inc.
  • Peter Goldthorpe, General Director, Marketplace Regulations Issues, Canadian Life and Health Insurance Association Inc.
  • Joanne De Laurentiis, President and Chief Executive Officer, Investment Funds Institute of Canada
  • Paul Vaillancourt, Independant Financial Advisor, Investment Funds Institute of Canada
  • Bernard Brun, Senior Counsel, Commerce and Technology, Desjardins Sécurité financière, Mouvement des caisses Desjardins
  • David Fewer, Acting Director, Canadian Internet Policy and Public Interest Clinic
  • Tamra Thomson, Director, Legislation and Law Reform, Canadian Bar Association
  • David Fraser, Chair, Privacy and Access Law Section, Canadian Bar Association
  • Kim Alexander-Cook, Vice-Chair, Marketing Practices Committee, Competition Law Section, Canadian Bar Association
  • John Lawford, Counsel, Public Interest Advocacy Centre

Industry, Science and Technology Committee, on Sept. 30, 2009

  • Clerk of the Committee, Ms. Michelle Tittley
  • Paul Misener, Vice-President, Global Public Policy, Amazon.com
  • Tom Copeland, Chair, Canadian Association of Internet Providers
  • Chris Gray, Director, Canadian Intellectual Property Council
  • Jason Kee, Director, Policy and Legal Affairs, Entertainment Software Associaton of Canada, Canadian Intellectual Property Council
  • Geneviève Reed, Head, Research and Representation Department, Option consommateurs
  • Nathalie Clark, General Counsel and Corporate Secretary, Canadian Bankers Association
  • William Randle, Assistant General Counsel and Foreign Bank Secretary, Canadian Bankers Association

Industry, Science and Technology Committee, on Oct. 7, 2009

  • Janet DiFrancesco, Director General, Electronic Commerce Branch, Department of Industry
  • André Leduc, Policy Analyst, E-Commerce Policy, Department of Industry
  • Philip Palmer, Senior General Counsel, Legal Services, Department of Industry

Industry, Science and Technology Committee, on Oct. 19, 2009

  • André Leduc, Policy Analyst, E-Commerce Policy, Department of Industry

Industry, Science and Technology Committee, on Oct. 21, 2009

  • André Leduc, Policy Analyst, E-Commerce Policy, Department of Industry
  • Philip Palmer, Senior General Counsel, Legal Services, Department of Industry

Industry, Science and Technology Committee, on Oct. 26, 2009

  • Wayne Cole, Legislative Clerk, Committees Directorate, House of Commons
  • André Leduc, Policy Analyst, Electronic Commerce Policy, Department of Industry
  • Philip Palmer, Senior General Counsel, Legal Services, Department of Industry