Bill S-4 (Historical)

An Act to amend the Criminal Code (identity theft and related misconduct)

This enactment amends the Criminal Code to create offences of identity theft, trafficking in identity information and unlawful possession or trafficking in certain government-issued identity documents, to clarify and expand certain offences related to identity theft and identity fraud, to exempt certain persons from liability for certain forgery offences, and to allow for an order that the offender make restitution to a victim of identity theft or identity fraud for the expenses associated with rehabilitating their identity.

Criminal Code

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, that is a good question, and it is certainly not a planted question since I must admit that I do not know what to say. We have spent so much time studying this bill. I thank my colleague.

The last thing my former colleague Mr. Ménard from Hochelaga, my current colleague from Marc-Aurèle-Fortin and I wanted was that minimum prison sentences be imposed immediately. That was out of the question. As for the rest, we will have to see how this works. It seemed important and interesting to us that the bill pass quickly. Another thing we did not want was clauses that had 10 or 12 paragraphs. We wanted simple, concise and precise clauses that dealt directly with the problem. That was the objective of the bill.

To answer my colleague, I will say that, unfortunately, I do not see right now what we could have done better for this bill. However, what we can do that would be good right now is to pass it and implement it quickly.

[Nicolas Dufour, Bloc, Repentigny, QC]

Mr. Speaker, the brilliant presentation made by the hon. member for Abitibi—Témiscamingue is going to be a tough act to follow. After hearing his speech and that of my colleague, the member for Marc-Aurèle-Fortin, one might think that there is very little left to explain about this bill. However, since I am a very resourceful person, I did find something to add to this debate.

This is a very interesting discussion, particularly considering the ever increasing use of new technologies. For example, 15 or 20 years ago, online purchases accounted for a very small percentage of transactions, but they are now exploding.

As my colleague for Abitibi—Témiscamingue mentioned earlier—and I am going to refer to his comments throughout my speech because, again, he made a brilliant presentation—it is even possible to order a pizza with a credit card. Considering all the means that we use, one can see the situations that could lead to identity theft, given the personal information that must be provided to make the transaction. For example, in the case of a credit card, a signature is required. If an individual appropriates someone else's identity, he can do really despicable things in terms of fraud and theft.

Earlier, I referred to online shopping, which is expanding at an incredible pace. I must say that I personally make great use of new technologies. I am not the only one. People may be too naive or ill-informed. For example, because it is on the Internet and some business logos seem to guarantee the safe use of credit cards, people trust these sites, without even double checking and trying to find out which company provides that guarantee of security, or to determine whether there are indeed firewalls to prevent theft.

Unfortunately, we realize all too often that Internet sites are not safe enough to make purchases without any concern. There are of course good systems that can do the job but, unfortunately, they are not used enough and this is why we need legislation like this bill.

Despite the fact that the Bloc Québécois has been talking about this issue for years—and I am thinking of the member for Hochelaga and the work that he did in this regard at the Standing Committee on Justice and Human Rights—the government was, as usual, slow to act. But at last it did propose a bill which, all in all, made a lot of sense. There was not a lot to add to it. It was almost perfect. It only needed some fine tuning.

Earlier, I mentioned that identity theft is quickly becoming a major problem. The hon. member for Abitibi—Témiscamingue said that it represented close to $50 billion annually. I think we all agree that this is not peanuts.

For the past few minutes, I have been talking about credit cards, but there are many other examples. There is the theft of a debit card PIN number and, later on in the bill, there is even a reference to retina image. As we can see, for once the government is trying to get a bit of a lead over technologies, even though it had a very hard time to do so.

We can also see that identity theft can go very far. It is no longer merely about having someone else's social insurance number, as was the case some 30 years ago. Today, there are so many tools, whether they relate to payment options or communications, among others, that the amount of personal information that can be stolen has increased significantly.

Let us take for example the social networking site Facebook. This is a new technology that has been in place for a few years already.

These sites are very widespread. What is available on these social networking sites? People can enter their name, address, date of birth, telephone number, and so forth. This is a mine of information for identity thieves who collect it online and use it for nefarious purposes.

I am not opposed to these social networking sites, far from it. They have their place, but it is easy to see how people can sometimes naively put information on the Internet thinking it will only be used for good purposes. Unfortunately, this is not always the final result. People with evil intent can take advantage and use the information against the owner. It is very sad.

It is worthwhile taking some time to explain this to the people watching us. I can never say often enough how important education can be as a tool in the fight against identity theft. We have an excellent tool here in this bill, although not much will be achieved if we fail to add public education and awareness to it.

I just mentioned Facebook. When we use other online tools, for example, MSN Messenger, they make the effort to remind us not to give our PINs or credit card numbers to just anyone without protecting ourselves and knowing to whom we are giving them. We have to be very cautious. People should be reminded, therefore, to be very careful in this regard.

Even if we are very cautious, as I myself usually am, sometimes mistakes are made, and that is where this bill comes in. I want to use myself as an example to show how easy it is for anyone to be taken in. Once this summer, when I used my debit card it was cloned. This is not confined, therefore, to particular classes in society. Everyone is affected. Anyone in the modern world can have his identity stolen without even realizing it. I will not give the name of my bank, so as not to make people jealous, but thank heavens that it moved quickly to contact me and block this fraud.

Perhaps I can remind people what identity theft is. It is deliberately assuming the identity of another person, generally in order to commit fraud, such as accessing the finances of that person, or committing some crime or infraction anonymously. Almost all these definitions refer to the illegal use of the personal information of another person. This information is obtained in various ways, ranging from direct, not necessarily illegal activities such as searching garbage pails to very sophisticated phishing techniques.

The other ways of getting personal information are the theft of ID cards or credit cards, the redirection of mail, by false pretences such as pretending to be authorized to obtain certain information, and the use of devices to collect information from credit cards or PINs. When fighting crime, we must always be aware that our adversaries, the criminals, are very ingenious and innovative.

Being enormously interested in this subject, I have watched a lot of documentaries, particularly on how this works in the United States. Canal D screens some very good documentaries to provide a little education, to engage in prevention and to remind the public to be vigilant. These documentaries show how people are able to put false tops on the usual boxes where we enter our PINs. These people manage to put another little box—that looks like the original—right on top of the box, and it can record the codes we enter. Once they have our debit card numbers, it is no problem to clone our cards.

Some of the other ways to procure personal information include the loss or theft of a personal computer or other data storage devices containing confidential information that could be re-used to commit fraud, and the complicity of an unscrupulous employee working within an organization.

To get back to the bill, the Bloc Québécois is in favour of it, and like other parties in the House of Commons, we would like to see it studied quickly. The faster this bill is studied, the faster it can be passed and the faster we can start taking action against this crime which is claiming more and more victims.

As I was saying and can never say enough, this is not strictly limited to one class of society or one group of people. Everyone in Canada is a potential victim of fraudulent identity theft at any time of day or night, and at any time of year.

However, the battle against identity theft also requires coordinated action by the various levels of government. The Bloc Québécois acknowledges that amending the Criminal Code will not be enough to resolve the problem of identity theft. Other measures will have to be introduced by the government, as I was saying earlier, to educate the population, raise its awareness and increase its vigilance.

There is the matter of regulation so as to provide an improved management structure, for example the storage, disposition and other use of information by companies. I was saying earlier that when we make purchases on the Internet, for example, we agree to provide companies with our credit card numbers. So it is absolutely necessary to educate the population to be curious about the company to which we are giving our credit card numbers. We have to do some research to find out if it has a history, if it has had problems with data storage before, or if it has been a victim of theft in the past. We may have trusted a company enough to provide it with our credit card number, but if the company itself is a victim of personation or theft, then we have a problem which is not necessarily our fault or the fault of the individual or the company. So it is really necessary to be informed, to pay attention and to be vigilant.

There are also measures that target the uniformity and enhanced security of processes for issuing and verifying identity documents. Unfortunately, the federal government has a bad track record on personal information management, but that is another subject. So the bill aims to combat identity theft and the unauthorized collection and use of personal information, usually for criminal purposes. A person's name, date of birth, address, credit card number, SIN or social insurance number, and any other personal identification number can be used to open a bank account, obtain a credit card, forward mail, subscribe to a cellular telephone service, or lease a vehicle. So one can see the full scope of the crimes that can be committed using personal identification numbers or personal documents.

The bill thus creates three new basic offences, all of them liable to a maximum sentence of five years. It refers to obtaining and possessing identity information with the intent to use it in a fraudulent, dishonest or misleading way as one element of a crime.

There is trafficking in identity information. There is also another offence. For example—and to be sure, I would never do this, Mr. Speaker—people can clone debit cards and take money out of their victims' bank accounts. One need not go that far to be a criminal. I could simply take another person's information, possess it and transfer it to someone else who would use it illegally. The middle man between the criminal and the victim would also be punished. I would like to reassure the House once again that I have no intention of stealing anyone's debit card.

This bill will create another offence: illegal possession of or trafficking in government-issued identity documents that contain information about another person.

Further amendments to the Criminal Code include creating a new offence for redirecting a person's mail or causing it to be redirected; creating a new offence for possessing a counterfeit Canada Post mail key; creating additional forgery-related offences, such as trafficking in forged documents and the possession of forged documents with the intent to use them; redesignating “personation with intent” as “identity fraud”—this adds clarity to the legislation; clarifying the definition of “fraudulently personating another person”; and adding the offence of possessing instruments for copying credit card information to the existing offence of possessing instruments for forging credit cards.

Consequently, if a person has tools to forge credit cards, that person is considered to be a criminal. However, now, simply possessing information will become a criminal act.

The bill also introduces a new power that would enable the court to order the offender, as part of the sentence, to make restitution to a victim of identity theft or identity fraud for the expenses associated with recovering the stolen identity, such as the cost of replacement documents and cards and costs related to correcting their credit history.

For victims of identity theft, it is not just the financial loss that presents a problem, but the whole process of taking back their identity, which can be very expensive, long and painful.

I said earlier that when it happened to me, my bank acted quickly and I was not out of pocket. But the problem is that you have to be able to find all the information you have lost, which can be an extremely long process. The average person simply does not have the time to go looking for all that information. It can be extremely difficult for a person to obtain a new SIN, cancel and reactivate credit cards and deal with all the complexity and the paperwork involved.

The bill provides for two exemptions that would protect individuals who make false documents for covert government operations against prosecution for forgery and would allow public officers, that is law enforcement officers to create and use covert identities in the performance of their duties.

As I said, identity theft is an extremely serious problem. According to the Minister of Public Safety, identity theft is one of the fastest-growing forms of crime in Canada and the United States. In 2004, the costs associated with identity theft were close to $50 billion, as my colleague from Abitibi—Témiscamingue mentioned. Identity theft is costly not only for the consumers who are duped, but for the banks and businesses that find themselves with a problem. If a fraud artist buys $2,000 worth of merchandise from a business that then discovers that the credit card used was falsified, this will create a huge problem for the business, which cannot afford the financial loss due to theft.

In 2002, the Canadian Council of Better Business Bureaus estimated that consumers, banks and credit card companies, stores and other businesses lost $2.5 billion because of identity theft.

As I said, the Bloc Québécois is in favour of passing this bill as quickly as possible. The victims are not just individuals, but businesses as well.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I listened with interest to the member's speech. He recognizes that the legislation is just part of the puzzle and understands that closing the loopholes through the use of smart cards and other technological advancements and so on is actually going to be the way we ultimately solve the problem.

One other area we have to look at is getting the governments and police forces to work together after we pass this legislation. I've had a lot of examples over the past few years of cases that have had a number of grey areas with regard to whether they should fall under the jurisdiction of the Winnipeg Police Service or the RCMP. I have found that there is too much buck-passing going on in our police forces in the country, and I am sure the same principle applies to governments.

I know the member will certainly be interested in knowing how this bill will be implemented vis-à-vis the federal government and its involvement with the various provinces and police forces. I would ask him to comment on that area.

[Nicolas Dufour, Bloc, Repentigny, QC]

Mr. Speaker, I want to thank my colleague for his question.

I see that he is well-informed about this subject. I must admit that there will have to be an agreement among the various levels of government about this. As my colleague emphasized, it is extremely unfortunate that there are some failures in this, and that people do nothing but pass the buck back and forth. Such behaviour can be a problem. While departments or police forces are wasting time passing the buck back and forth, the fraudsters have time to escape or hide. We will have to make sure that, in the bill, we stay out of all provincial jurisdictions. Given the excellent work being done by the Sûreté du Québec on this issue, I have no doubt that it will be able to do its job thoroughly.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I would like first of all to thank the member for Repentigny for his excellent presentation. It is even more important because he is part of the younger generation in this House. I hope that he will feel comfortable with letting us know his age. I think that one of my sons is the same age. It is important because I often have discussions with my son about the importance of protecting yourself. The young generation has too much of a tendency to trust the whole system and never hesitates to give their information. They often use the Internet, which is good, and they make transactions on it. I would like the member to repeat what he said, for we have a chance, today, before adopting this bill, to let our messages be heard.

As a representative of young people, I would like him to send a message to his compatriots, to let them know how important it is to be able to protect their own identity.

[Nicolas Dufour, Bloc, Repentigny, QC]

Mr. Speaker, I want to thank my colleague for his question. I am not at all afraid of saying my age. I am 22 years old. The member is putting a lot of pressure on me by asking me to explain to young people, in 30 seconds, how important it is to be cautious when using networking websites such as Facebook. It is not the kind of awareness campaign one can do alone.

My colleague from Argenteuil—Papineau—Mirabel hit the nail on the head when he said that our generation may be a little bit too trusting. We do not have this kind of fear, we are less afraid of fraud, we feel more protected, we think that those things will not happen to us. We feel totally immune to that, but we are wrong to feel that way. Actually, it is the exact opposite. Our generation—perhaps mine more than yours—is probably the one that will be greatly affected by that because we use those websites, like Facebook, that are information-sharing sites. What we have on Facebook is information on who we are, as I was saying earlier, our name, our age, our address, all those things. It is extremely dangerous and it makes the work of identity thieves a lot easier. We really need to raise awareness among our younger generations to make them understand that they should be extremely cautious and should not, under any circumstances, give out personal information such as their social insurance number or credit card number.

[Jean Dorion, Bloc, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, I listened with great interest, like the rest of the House, of course, to the speech of my young colleague from Repentigny and I would like him to comment on other aspects of the question that are not directly related to the subject of the bill, but which are nonetheless part of the issue. I would like the member to comment on the need for the Canadian government to work closely with Quebec and the other provinces on this issue.

In May of 2007, the Privacy Commissioner told the Standing Committee on Access to Information, Privacy and Ethics that the real solution to the problem of identity theft included civil proceedings. She said:

... we should look at civil sanctions that are very easy to prove and easy for citizens, for example, to take to small claims courts, which may provide a more easily accessible deterrent to the growing industry of ID theft. This means, of course, that the federal government has to work closely with the provinces, because a lot of what happens in terms of ID theft falls within provincial jurisdiction.

We in the Bloc recognize that this change to the Criminal Code will not be enough and that the Canadian government will need to cooperate with the provinces. I would like the member for Repentigny to elaborate on that.

[Nicolas Dufour, Bloc, Repentigny, QC]

Mr. Speaker, I thank my colleague from Longueuil—Pierre-Boucher for his excellent question.

My colleague sits on the Standing Committee on Government Operations and Estimates and I can assure the House that he is in a very good position to know the extent of the federal government's chronic inability to negotiate with the provinces, despite its promise to respect provincial and federal jurisdictions and to lead by example. In fact, the government is doing the exact opposite. My colleague from Longueuil—Pierre-Boucher sees it every day, just like every other Bloc Québécois member, and that is why we are sovereignists.

The federal government must also lead by example on this file. It must not only be able to negotiate with the other provinces. Let us not forget that this bill also has enormous repercussions for other provinces in terms of civil rights, for example. Therefore, the government must also lead by example.

The federal government is proposing to penalize people who make fraudulent use of identity documents such as social insurance cards. However, it is not doing enough to protect and strengthen the integrity of the social insurance number. In June 2006, we learned that the Auditor General estimated there were 2.9 million more social insurance numbers in circulation than the estimated number of Canadians aged 30 and over.

So we have a government that, on top of being incapable of negotiating with the provinces on a wide variety of subjects, is incompetent. That is why we voted in favour of a non-confidence motion.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am pleased to continue this debate concerning Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct), and to follow the brilliant speech by my colleague from Repentigny.

My question about my colleague’s age was not without a point. He is 22, and I am 52. So there are 30 years separating us. I am going to tell my story. I also want to say that the Bloc Québécois is a party with a good balance between the generations. Obviously, that is to the advantage of the Quebeckers who elect us. There is a good ratio between men and women, one that we need to improve. We must always work to increase women’s participation in our political parties. And there is a good balance among the different age groups in the representatives of the Bloc Québécois.

Why did I stress that question? In his reply, my colleague from Repentigny told us about his experience with a cloned debit card. At a very young age, I also had my identity stolen, as I discovered several years later. The mistake made by the people who wanted to steal my identity was that at the time they did it I was a full-time student. I did not have the necessary income. Obviously, they found themselves facing the harsh reality of someone who was not a person of means.

Fifteen years ago, when I applied for a credit report—Equifax or TransUnion do it free of charge—I wanted to know how my credit was and how those firms regarded me. When I received the results, I realized that a name that was not mine appeared on my credit record. I took the necessary steps to ask those firms why there was a name that was not mine. They told me a credit application had been made in that person’s name—which was not my name—and that the person had my social insurance number, my birth date and all the information needed. They had had to add that person’s name to my credit record for my whole life. Why? Because one application was made. At the time, given that the application was excessive, since I had no income, I had not even been informed or contacted. That may be because I had left to study outside Canada. That was probably why. I had not even been aware of it, but 30 or 35 years ago some people had got hold of my personal information, probably from my university applications. That is what we figured out at the time. Those people had got hold of my registration form and, for one reason or another, had thought I was wealthy. There are not just young people at universities. The average age of people at university is between 35 and 40 years, depending on the university. Someone had tried to commit this fraud against me.

Identity theft is not new. We must understand that. Young people too must understand that. I put this question to my colleague from Repentigny. The sites where we give our credit card numbers are not secure just because they are on the Internet. Once the information is there, thieves can get information on us. Inevitably, the result is terrible. We are faced with debt that is not ours. Credit cards are stolen. My colleague was lucky, because he says his bank very quickly realized what had happened and that he was reimbursed for the money taken from his account. Others are less lucky. It is a tough situation.

That is why a measure like Bill S-4 is important. The Bloc supports this bill. Today we are taking the time required to explain why to our viewers. Bills are often passed very quickly. People learn about them through a paragraph in the media. Not all bills make the headlines in the media. Bill S-4 is very important because it aims to fight identity theft, the collection and unauthorized use of personal information usually for criminal purposes.

It is important we take the time to understand identity theft. It is the act of deliberately taking the identity of another person, generally with the aim of committing fraud, such as accessing the funds of the person or committing an offence or an anonymous crime. Nearly all of these definitions refer to the illegal use of the personal information of another individual.

This personal information is obtained in various ways from direct but not necessarily illegal means, such as from rummaging in the garbage, to highly perfected phishing techniques. Experts provided definitions of other ways to obtain personal information such as theft of identity cards or credit cards, redirecting mail, pretexting—claiming to be authorized to gather information, hacking into computer data bases, using skimming devices to gather information off credit cards or debit cards. Stealing PIN numbers consists in looking over a person's shoulder as they enter their PIN or other information at an automated teller machine.

Obviously, the importance of this must be understood. I know that all of the banks are running campaigns to stop people from giving out their PINs. They must be discouraged from doing so. There are people who do not use a banking machine as easily as others. Young people are more capable. I personally at 52 have been using them for six or seven years, but there are people who have a harder time dealing with these electronic money dispensing boxes.

Some people take longer, and when you take longer others have the chance to have a look. So care must be taken. We must make sure that the people behind us are far enough away. There should be no hesitation in asking them to move back in order to enter the PIN number. Some people, if they go too quickly, may make a mistake and have to start over. This does not help those waiting. So we can say we will take the time we need to enter our information and ask people to step back. If we go too quickly, we have to start over and this does not make things easier for the next person.

Often in the lineups at ATMs, the problem is that people are in a hurry and people behind us in the line try to pressure us. We should then take the time to say, “I am going too fast, you are pressuring me. I will probably make a mistake and it certainly will not go any faster then”. If the person still insists, it may well mean that he is trying to steal our PIN. There are people who are experts in stealing PINs, people who pressure us to try to influence us and maybe move closer to us. That is how they get our PINs.

There are other ways as well, such as the inadequate disposal of documents. Machines can be bought, such as paper shredders. It is important to do this. The first machines cut paper into strips, but experts could re-assemble it. Now there are new versions that do the shredding differently so that it is impossible to reconstitute the document. It is important, therefore, when we have documents at home not to just throw them in the garbage because people can search it and find our information. We should make sure to shred all documents with personal information very carefully, even if they are going straight into the garbage.

There is also the loss or theft of personal computers. These computers are very valuable and should not be left in cars. We should be very conscientious about this because our computers are an easy way to steal our identity.

Someone mentioned redirecting mail. If we get mail about a credit card or are expecting information about one—we have applied for one, or it is being renewed, or we have lost ours and requested another—we should be very aware of the expected arrival date. If we are renewing a credit card or have applied for a new one because ours has been changed or does not work any more, we should be very careful. We are given a date by which to expect the new one. As soon as that date goes by, we should call to ensure that the card was sent. If it was, we should ask for a new one because people can get their hands on mail through devious means and try to gather the information on a credit card or even get the credit card itself.

More and more credit card companies are sending their cards by registered mail. We have to sign to get them. However, not all companies do this. We have to be cautious and always make sure that credit cards and documents with personal information have the proper address and that we take possession of them to ensure that someone else does not get them.

As for illegitimate access to databases, the experts in that are known as hackers. As soon as we notice an unusual problem with our computer, we must be cautious. Detecting hacking is not easy, but there are many kinds of software to do that on the market. We must make sure that our computers are equipped with the latest versions of hacking prevention software because hacking is a way to get personal data.

Bill S-4 would create three new specific offences that would all be subject to five year maximum sentences. Adopting legislation is one way to deter that kind of crime. Another way consists in creating new offences with prison sentences.

Those three new offences are the following. The first one is obtaining and possessing identity information with the intent to use the information deceptively, dishonestly or fraudulently in the commission of a crime. Therefore, the person who obtains or possesses the identity information of another person with the intent to commit a crime exposes himself or herself to the five year maximum sentence.

The second offence is trafficking in identity information. Some persons do not intend to use the information they have stolen but are willing to sell it to another person. We see in the media stories of people, businesses or fraudulent systems that steal the content of databases. The individual who sells that information would also automatically risk a prison sentence.

The third offence is unlawfully possessing or trafficking in government-issued identity documents. Earlier I spoke about the credit cards we may receive in the mail, for which we must check that the promised time frames for receipt are respected. If they are not, calls have to be made. Information that governments send us also has to be included. We do not always know when the government is sending us correspondence. When it sends us a cheque, we are pleased, and usually we appreciate it. When it is a bill or a notice of assessment, we don’t want to know, and what is more, we do not know when it is sending us one. These documents could come into people’s possession. Our social insurance number is often recorded on these documents. Obviously this is very important information for stealing identity. Thus, if certain citizens, with unlawful or illicit purposes, attempt to take possession of or traffic in government-issued identity documents, there would be another maximum term of imprisonment of five years.

And other amendments are being made to the Criminal Code. There is the new offence of redirecting a person’s mail or causing it to be redirected. As I was saying earlier, one method of identity theft is to take possession of credit cards or documents containing our information that are issued by various levels of government.

The redirecting of mail by a person will constitute a new offence, as will possession of a counterfeit Canada Post mail key. We know that mailboxes do not have unbreakable locks. First, they are supplied by the government and are not the latest in anti-theft locks. Thieves have techniques of inserting different gadgets or forging keys. If someone had a key that was not for his own mailbox, that would be a counterfeit.

Additional forgery offences are created, such as trafficking in and possession of forged documents for the purpose of using them. People may look for and find information on our identity, but then they will need to produce documents. If they apply for loans, they have to fill out forms. Using our name, they could falsify income or make false statements on forms. They could apply for a loan using our numbers and our name but change our address to their own. It might also be a case of forged credit cards: new credit cards could be issued with the numbers they obtained. This would then be a criminal offence.

The offence of personation is now designated by the term identity fraud. When referring to the offence of personation, the term identity fraud is used. Furthermore, the meaning of “personating a person” is clarified.

In my case, as I was saying, someone applied for credit a number of years ago. The name of that person is still on my credit history. So, if someone falsely claims to be someone else, that person could be criminally charged. I am currently trying to remove the person's name from my file, but it is impossible. No other applications have been made in the past 25 years. If my social insurance number and my date of birth ever appear on an application it will automatically be denied by the credit companies because that other name is on my file. I have not been able to press criminal charges, but under this bill I would be able to. The offence occurred 25 years ago when it was not illegal. From now on, people who go through a similar experience will be able to press criminal charges.

The offence of possessing instruments for copying credit card data is being added because making credit cards requires a plan and the necessary equipment for copying credit cards. Every person in possession of materials or equipment for copying credit cards could be charged with the criminal offence of identity theft.

The bill also adds a new power that would enable the court to order the offender, as part of the penalty, to make restitution to the victim of identity theft or identity fraud for the expenses associated with rehabilitating their identity, including expenses to replace cards and documents and to correct their credit history. That is important. What is required of a victim of identity theft? Earlier my colleague from Repentigny said that the bank alerted him. He did not suffer any monetary losses, but the fact remains that often people who lose their identity have to replace their cards and file new applications. This takes a lot of time. Often, the time this can take and the money it can cost to file all these applications is rather significant and can cause problems. This could be added up and the criminals could be made to pay.

[Robert Vincent, Bloc, Shefford, QC]

Mr. Speaker, I am pleased to speak to this bill. I believe it is a good bill, and the Bloc Québécois supports it. All members in this House agree that this bill should have been passed at least 10 years ago.

For those of us who are just joining us on television, I would like to talk about the three new offences created in this bill.

The first offence involves obtaining and possessing identity information with the intent to use the information deceptively, dishonestly or fraudulently in the commission of a crime.

The second involves trafficking in identity information, an offence that targets those who transfer or sell information to another person, with knowledge of or recklessness as to the possible criminal use of the information.

The third involves unlawfully possessing or trafficking in government-issued identity documents that contain information of another person. These three offences are the most common in our system.

Furthermore, this bill would add a new power permitting the court to order, as part of a sentence, that an offender—and this is the best part—be required to pay restitution to a victim of identity theft. Not only can the offender be sentenced to prison, but he must also pay restitution to the victim. All of the expenses incurred by a victim of identity theft can be reimbursed by the criminal himself. That is important, and worth noting.

I would add that the Privacy Commissioner said the same thing. I will quote her further on. This is particularly important because she has made a number of calls for changes to the Criminal Code so that we can more effectively fight identity theft. She herself has said that this tool is not very effective.

She said:

I don't think it's just an issue of the Criminal Code. As you know, our law administrators hesitate to use the Criminal Code: the standards of proof are higher, and the charter may apply, and so very often you have to have a fairly clear-cut case to use the Criminal Code.

She goes on to say:

Civil sanctions are very easy to prove and easy for citizens, for example, to take to small claims courts, which may provide a more easily accessible deterrent to the growing industry of ID theft. This means, of course, that I think the federal government has to work closely with the provinces, because a lot of what happens in terms of ID theft falls within provincial jurisdiction.

This is where it gets important. If offenders are forced to reimburse the victims whose identity they have stolen, by dealing directly with the courts of each province, this would make things much easier for us, and it would be easier for the victims to get their money back. By going through a provincial court, like small claims court for example, which can hear cases up to $7,000, if I am not mistaken, the offender can be ordered immediately to reimburse the victim.

I certainly understand how this list of new offences created might seem repressive, but the fact remains that we have not addressed the idea of prevention.

Prevention is important to the Bloc Québécois. Why? Because regulations allow us to better manage the storage and retrieval of the information held by businesses. As well, the government should take additional measures when it comes to amendments regarding identity theft. What other measures could be added? How does someone have their identity stolen? I understand that personal identification can be stolen using someone's PIN, by copying or stealing someone's credit card, or at an ATM.

The fact remains, however, that many businesses do not take good enough care of the documentation and personal information submitted to them. For instance, I am sure everyone has read about ID documents found in the trash in an alley behind a convenience store, because employees decided to throw away their copies of credit card statements. Drugstores have also thrown away all sorts of information. Businesses that manage our personal assets are not as careful as we are. We can protect our personal information. We have PINs. I am sure every one of us is very careful when using a PIN, a credit card or any other document.

When we are at the mercy of businesses that are not careful, we can be in big trouble, and the resulting process can take a very long time. You realize, for example, that the balance in your bank account is lower than it should be or that someone has used your credit card, and you do not know how it could have happened. You learn that your personal documents have been found in a trashcan and used by criminals to obtain other credit cards and get more money. It is easy for a criminal who knows someone's date of birth and social insurance number to open a bank account under that person's name. It is very easy. With all the right information, it is even possible to obtain a line of credit by phone and use it to make withdrawals. Therefore, it is important that businesses be as careful as we are with our personal information.

In a future bill, we should really consider introducing prevention at the level of businesses. I am not speaking of just small businesses. How many others have contributed to identity theft? Banks have lost personal information. Information is stolen or accessed by hackers from other businesses. They readily admit that millions of dollars have been stolen from them. In the end, everyone pays because the banks are not saddled with the loss. The loss is written off and that is that. We continue to pay for those who do not protect our identity.

We should really examine this issue and do something in terms of legislation to protect people against those who are not careful with our personal information. This does not affect just the private sector. If that were the case, it would be another matter. The government also referred to all the questions asked about this bill but what has been happening with this government? As one of my colleagues was saying, with regard to government, in June 2006—which is not so long ago and we know who was in power then—,the auditor general estimated that there were 2.9 million too many social insurance numbers circulating. That is not a small number. We are not talking about 10,000 or 100,000, which would still be too many.

How can the government have 2.9 million more social insurance numbers in circulation than the estimated number of Canadians who are 30 and older? Do you see the paradox? We are prepared to find and punish, in some way, people who steal the identities of others. Yet, the government is immune from all that.

That figure of 2.9 million is quite something. How much identity theft occurs in one day? The figures are probably appalling. We could report the statistics but businesses will never admit to having had the personal information of 100,000 people stolen from them.

No one will admit to it because any trust in these companies would then be lost. Follow-up by companies is all the more important if the government does its own. What has the government done since 2006 about the extra 2.9 million social insurance numbers? Nothing. We have not even heard a peep about that.

For those listening, this has to be appalling. How can one have any confidence when hearing about bills to protect society when our own government cannot even ensure our protection? That is not all. In 2004, when the Liberals were in power, the Minister of Transport was questioned at length about items, supplies or uniforms that I can list.

In 2004, the media reported that the Canadian Air Transport Security Authority, for which the greatest efforts are made to ensure its protection, had lost the control over its uniforms. Between January and September 2004, of approximately 75,000 uniform items that had been distributed to some 4,000 screeners, a total of 1,127 items were reported lost or stolen, including 91 shields, 78 shirts, 30 windbreakers, and 25 sweaters, all of which bore the agency's logo. According to the CBC, some uniform items were even offered to the highest bidder on eBay, an online auction site.

It is one thing to ask something of others, but it is another to ask the same of oneself. That is what the public wants governments to do: stop imposing things they themselves do not do. That is where it should start. They do not do prevention work and they keep taking the easy way out, by imposing prison terms. The same sentence would apply to those who have committed this offence. However, we are already hearing about people serving one sixth of their sentence, something that is causing discontent among political parties and that the Bloc Québécois had been denouncing. It is all fine and well to say that a five-year minimum sentence was handed down, but for a first offence, the time to be served is two months, and one sixth of that full sentence means that, after a few short days of imprisonment, the offender is free again. Moreover, those who remained in custody pending trial might be done serving their sentence and be released immediately following trial.

What message do we want to send the public? First, care must be taken, which makes a lot of sense. Second, the public expects the government also to use care with respect to personal documents it keeps or issues because, with a social insurance number, it is easy to take someone else's name, let alone to falsify information.

Today, computers make everything possible. The Internet is used for phishing. For example, people are fooled with logos into giving their PIN. Many things can be done to start with, and the first is to inform people. When I see the government spending $100,000 just to advertise the programs it is setting up, I know it is perfectly capable of spending some money on informing the public about the way to protect personal information. That is one thing. But, there is also a way for companies to protect the information they receive from us.

After a credit card transaction at the convenience store, we keep a paper copy. But, what do we do after two years? We want to get rid of it. The easiest way is to throw it in the garbage. That is why the example that keeps coming back in the House of Commons is the garbage can.

Some people have nothing to do but search through garbage cans to find these documents. They line their pockets because someone did not dispose securely of personal documents belonging to somebody else. I am sure that such a person would act otherwise with his own personal information. That person would not leave a piece of paper with information on a credit card transaction lying around; he would throw it in the garbage. However, we need to educate people to show them that someone else might have to live with the consequences and could be in greater trouble.

Let us take the example of a student who lost his wallet. Everyone knows that students do not have pots of money. Their bank accounts are always nearly empty. If a student trusts the convenience store and someone at the store manages to empty his bank account where he had the money to pay his university fees, the student will be faced with a rude awakening. Really, awareness among those people must be raised.

The appropriate solution would be an advertising campaign to raise awareness. However, it is also important to train people working in businesses. Employees need to be shown how to dispose of these documents.

I sat on the committee that looked at the documents pertaining to the Personal Information Protection and Electronic Documents Act. I wanted to include a clause in the bill that would fine businesses that were caught leaving documents belonging to other people in alleys, garbage containers or elsewhere. It is important not only that businesses be made aware, but that they be punished for thoughtlessly leaving documents where anyone can find them.

I was told that this was not a good solution and that businesses should install shredders instead. One of my colleagues even went so far as to suggest conducting a study on shredders. I believe that Parliament has more important things to do than conduct a study on shredders or how to dispose of personal documents belonging to other people. I believe that that was taking matters a bit too far.

However, I do feel that we can take other bills further. This is a good bill. It is a start. We had to start somewhere, and this bill is a step in the right direction, but we must carry on and not rest on our laurels and say that three new offences have been introduced to solve the problem. This bill will not solve the problem. It will address the problem of people's wallets being stolen, but we should go further with a new bill that allows victims of identity theft to go to small claims court to recover lost money from people who stole their identity and withdrew money from their account. I believe that that would be a good thing, and it should be in a new bill.

In closing, I will say that I am in favour of this bill. I do not see why we could not propose new initiatives in a new bill and really raise awareness among members of the public and businesses.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I enjoyed the member's comments about the mixed messages the public must deal with on this and other issues.

He mentioned that the federal government had issued 2.9 million more social insurance numbers than there are people. I am mindful of 10 or 15 years ago when the government, headed by the member for Toronto Centre, was looking at Americans coming across the border in Windsor and Fort Frances for medical operations. When it started to look at the smart card process, it found that there were seven million people in the province but that there were eight million OHIP cards.

People look at this and say that the government itself cannot keep its house in order and yet it expects them to be responsible, to buy shredders and to get their security settings fixed on Facebook so others cannot obtain their information. Clearly, the government needs to look at its responsibilities.

It is great that we will be passing this legislation but we need to ensure we do everything necessary, not only in terms of how the government is run but how the program is promoted to the public and that there is co-operation with the provinces in developing and enforcing this legislation.

I would ask the member if he would like to elaborate further on any points I missed.

[Robert Vincent, Bloc, Shefford, QC]

Mr. Speaker, I think that my colleague understands and has defined the issue very well. That is the problem. We often hear the old saying: Do as I say and not as I do. The government gives us a good example of that since it tells us not to do something that it does itself.

I thank my colleague because it is true that in Ontario and elsewhere in Canada, more social insurance numbers were issued than there are people. That is a scourge we are not through with. The fact is that not only does the government give out more SINs than there are people, but we know that there are also forgers and that SINs are like gold and sell very well.

How could the government, which knows that SINs are like gold, issue a surplus of 2.9 million of them?

I cannot imagine that there is nobody in the department and in the government who can assume the responsibility to check what is done and tell us how they will eliminate this problem.

[Robert Bouchard, Bloc, Chicoutimi—Le Fjord, QC]

Mr. Speaker, I want to congratulate my colleague for his very interesting speech. He gave us several examples of cases where identity theft can take place. We see that the bill does not say anything about preventive measures. Could the member enumerate some such measures that could be included in the bill?

[Robert Vincent, Bloc, Shefford, QC]

Mr. Speaker, I will answer my colleague, who is also vice-chair of the Standing Committee on Industry, Science and Technology. One of these days, ways of dealing with this problem should end up before that committee, of which I am also a member.

Yes, it is important. I touched on it earlier. When the government wants to promote all the measures it wants to implement, it will stop at nothing. We saw the government spend $100,000 recently just for one announcement. Therefore, if it has that kind of money for self-promotion, it should have enough money to inform the public on how it can protect itself. That is the first thing.

The second thing is that businesses should also be informed. Not only do they need information, but they also need training. How to dispose of personal documents from people who buy things from them or have other dealings with them? I could give all kinds of examples, such as buying clothes. People can buy things on the Internet. If we could provide training and information and raise awareness, I think that we would be in a much better position to eliminate this problem and we could do other things.

[Josée Beaudin, Bloc, Saint-Lambert, QC]

Mr. Speaker, I thank my colleague for his speech. I have been listening to all my colleagues for the past two hours and I have a question for my Bloc Québécois colleague. The purpose of the bill, which in fact is necessary, is to address identity theft. After having heard all that has been said, I have the following question for my colleague, who broached the subject briefly. If this bill is passed, will identity theft be a thing of the past?

Of course, criminals can be punished, but as far as prevention goes, what can we do to stop identity theft?

We spoke earlier about collaborating with the provinces. I think collaboration between provincial and federal governments is essential to address this problem. It would have been better if the government had started to collaborate before proposing the new measures in the bill; in other words, establish a coherent strategy before changing the Criminal Code, then implement this strategy at the provincial level and make sure the provinces have the necessary tools and resources.

Can my colleague expand upon the importance of collaborating with the provinces, particularly with Quebec, to make sure that the measures contained in this amended bill can be implemented and that the provinces have enough resources to implement them?