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, 3rd Session, which ended in March 2011.

Sponsor

Tony Clement  Conservative

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 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 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, 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, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 5:45 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I would like to follow up on the question and train of thought from the hon. member for the Liberal Party.

The fact of the matter is that it has not been since demise of the Liberal government that we have seen any clear initiatives in the whole area of government online programs or any sort of initiatives in that vein from the government.

England is a very good example of a case where the prime minister took control of the agenda and set up the government website announcing a list of all the government programs that were going to be online over the next five to 10 years.

When Reg Alcock was here in Parliament and Paul Martin was the Prime Minister, we saw some real developments in government online programs. What have we seen since the Conservatives have come into power? We have seen nothing.

We have seen a secure channel that was being developed basically shutdown or put to bed. There are no clear national objectives or directions being given by the government.

I think that is what the previous member was alluding to when he was asking a question of the minister.

The government is trying to deal in isolation on one piece of albeit important legislation, 10 years past its prime, but it does not tie into an overall plan that the public is looking for on the part of the government.

So I would ask the member, when is he going to talk to his Prime Minister about the idea of getting a national vision enunciated by the Prime Minister to set up government online programs? The electronic health records of the country should be well advanced right now and they are not, as well as other areas to complement what we are doing here tonight.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 5:45 p.m.
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Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Mr. Speaker, I do not think there was much about the actual anti-spam legislation in that statement. We learned that he was a big fan of Reg Alcock, on which he may stand alone in the House, but I am not sure.

He called me a minister, which I really appreciate, but I am actually not at this point.

With regard to the bill and the comments he was making regarding the digital economy, I would assume that his statement means he will stand with the government as we continue to move forward on a digital economy strategy.

His party, of course, has not stood with the government on any of the successful economic initiatives we have moved forward in this Parliament over the last several years. However, we do look forward to a change in direction from the New Democrats. Perhaps they are embracing a new economic agenda, which would be new certainly for them, as it relates to the digital economy.

As it relates to this bill, I will use the opportunity while I am on my feet to talk about a few things that the bill will actually accomplish. It will address the issue of identity theft, where we are seeing the theft of personal data and bank information from computers. It will address the issue of phishing, which has been talked about by several members in the House today, where we see online fraud, luring individuals to counterfeit websites. It will address the issue of spyware, where we get things implanted on our computer that we do not want that are looking into our personal information on our computer.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 5:45 p.m.
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Bloc

Robert Bouchard Bloc Chicoutimi—Le Fjord, QC

Mr. Speaker, the member knows that the national do not call list already exists, and it can be compared to the electronic commerce system being addressed in Bill C-28. The national do not call list works very well, and the public very much appreciates it, judging by the number of people who have signed up in the past few years.

Can the member guarantee that Bill C-28 will not have an impact on the maintenance of the national do not call list?

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 5:50 p.m.
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Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Mr. Speaker, the hon. member is referring to Bill C-28 in which there is small mention of the do not call list.

I will concur with the hon. member's comments about the do not call list in the sense that a great number of Canadians have signed up for it. I believe 33% have registered their land lines. A smaller percentage have registered their mobile phones.

I point out that notwithstanding comments by other members of the House in regard to the do not call list, surveys have pointed out that a majority of the people who have signed up have indicated that they have received less marketing calls as a result of doing that.

I hope we will have the support of that hon. colleague.

There are differences in the legislation to the do not call list. In putting this legislation forward, we studied some of the things that have or have not worked in other countries. We have built the legislation by taking the best legislation from other countries in the knowledge that this will make a significant impact on the amount of spam coming out of Canada and make us a world leader in a good way in that regard.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 5:50 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, is all the dedication and energy that we are going to put into discussing Bill C-28 going to go the same way as Bill C-27? Is the government going to prorogue before we actually realize some of the claims that he thinks the bill is going to put forward?

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 5:50 p.m.
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Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Mr. Speaker, as this will be the last time I will be on my feet for a question, I will reiterate what I have said.

It sounds like the other parties in the House support the legislation. We have gone through the committee process. There is very little difference in this legislation from what was in the previous legislation. We have heard commentators from all three parties over the last few weeks talking about trying to make things work in the House. This is the perfect opportunity for that. We have discussed the legislation. We have expedited the process through committee to get the legislation passed for the benefit of all Canadians.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 5:50 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, like other members on this side of the House, I am pleased the government has finally brought forward legislation that we hope will be implemented before there is either a prorogation or the House rises yet again. This is only second reading and the bill is going to go to committee. I am pleased there are elements in the bill that the Liberal Party is absolutely delighted to support.

As other members have indicated from all three opposition parties already, the bill contains a series of recommendations that flow from a task force that was initiated by the then Liberal government in 2004-05. Five and a half years ago the government of the day said that it recognized there was a series of difficulties, problems, impediments to development of a true Internet economy and Internet communication system. It said that we needed to bring all the stakeholders, all the experts, all the legal experts as well, given all the ramifications of any of the changes that might be proposed, together to the table and see what they had to say to the government of the day. We wanted to present legislation that would not only have us catch up to other countries, not only catch up to all those people who have made the Internet their means of communication, whether it is communications for personal use or for commercial use, but go beyond that and make us a leader in the new economy of the day.

Government and opposition members have pointed out that this is not an insignificant element of economic activity worldwide. In Canada we like to throw these numbers around in the trillions because they are the significant digits today, but the Canadian economy has been estimated by experts to be dependent to the tune of about $27 billion per annum in Canada.

For those who are watching and who are not expert in the Internet society, the Internet commercial world, what that really means is about $850 per person per year. That is not bad. That is every person who is alive and well in Canada. They realize there is an impact of some $27 billion in costs. That is not just an economic activity. That is in the amount it is costing every Canadian, every man, woman and child, simply because somebody is scamming the system, introducing a culture of deceit and a culture that in a different marketplace might well border on the criminal. In other words, it is fraudulent and it invades privacy. It invades commerce. It invades the free flow of communication that leads to productive activity. That was the significance of what that task force underscored. The task force noted that the penalties translated themselves into costs, immediate, perceived, or forgone. It said we needed to put in place a framework that legislators and other organizations could ensure would function for the better of the Canadian public.

It is little wonder then to find that the official opposition would support these initiatives, at least until they go to committee and we bring forward all those experts and they are numerous. They are legion. They are younger and younger. As one of my colleagues from the NDP indicated, there is a particular generational divide. Those who are expert are expert at a very young age. They develop that expertise as the communication system, the knowledge base is growing not in leaps and bounds, but exponentially with every new innovation as we get greater and greater opportunity to relate to each other not only on a social basis, but on a commercial basis as well.

It was not long ago that the only thing societies aspired to do was to develop the art of speaking, the art of writing and the art of arithmetic. It was the three Rs all over again. All we wanted to do was facilitate the communications required in order to make societies much more productive.

Today we are no longer talking about those simple items. We are talking about an entirely different economy that is making everything grow, as I said, exponentially. We owe it to ourselves. The parliamentary secretary can no longer say that we will go from laggards to leaders. We are laggards.

Forgive this partisan shot but it is in part because for five and a half years the government refused to do anything that came out the task force. It refused to do anything because it was something that came out of another government. The Conservatives have squandered the opportunities presented to them by the Canadian bureaucracy, previous legislators in the Liberal Party, contributors from the NDP and the Bloc Québécois, who have wanted to move our society along.

The Conservatives have refused to accept those suggestions, in part because they are afraid of a coalition of knowledgeable people. They are afraid of people who actually work together and who want to move the country forward. They are afraid of anybody who voices a vision. A vision was expressed five and a half years ago. It is almost pitiable that here we are today discussing something that should have been implemented very early on in the government's mandate.

The Conservatives have the support of all the members of Parliament on this side of the House. Everyone said, “Let's get working”. Even though Bill C-27, its predecessor, was fraught with some difficulties, everybody wanted to move forward. Instead they prorogued Parliament.

Today we are not proroguing. We are taking a look at Bill C-28. It is a complex system. I do not pretend to be the expert and I am not going to even suggest that anybody should come close to thinking of me or any other member in this place as anything other than someone who is presenting issues for the discussion of a committee that is going to bring in stakeholders and experts to ensure that we get the best possible legislation.

I do not know how thoroughly you have looked at this, Mr. Speaker. You have a reputation for studying every bill. I know you will have noted that there are some implications for other legislative items here. I want to draw them to the attention of the House for no other reason than that the general public wants to understand that we as legislators in the House have an appreciation of the comprehensiveness of the task that is at hand.

For example, when the parliamentary secretary says that we can use the mechanisms already available that are vested in the CRTC, the Canadian Radio-television and Telecommunications Commission, we have to go to the Canadian Radio-television and Telecommunications Commission Act in order to make the appropriate changes so it can be vested with the authorities to provide appropriate vigilance and to do the appropriate prosecutorial work required to get enforcement.

I know the committee will be the master of its own agenda, but it will bring forward people who will illustrate for it how the prosecution of infringements will be handled and how the CRTC can do that more quickly and to greater satisfaction than, say, the RCMP or any other police forces.

I note the parliamentary secretary said that we did not need to go to the police, that we did not need to go the criminal route. We have these specialized agencies. Another one of these specialized agencies is the Privacy Commissioner's office. The Privacy Commissioner has the task of ensuring that privacy is very properly vested in all Canadians, not only their personal privacy but their commercial privacy, everything about them that they want to maintain as part of their identity.

When we think about identity, we talk about our names. I am the member of Parliament for Eglinton—Lawrence. I am a whole series of other things associated with that identity but that identity belongs to me unless I relinquish any portion of it for purposes that I agree are appropriate. We have spammers and scammers today, and sometimes they are one and the same thing, who will take advantage of that identity and use it for their own purpose that has nothing to do with the legitimacy of the identity of the current member of Parliament for Eglinton—Lawrence or, indeed, even the Speaker, I dare say. We are all at the mercy of those who are utilizing the communication systems that are made available. They are abusing it and they are using it for their own purposes. What we need to do is vest authority in the CRTC and the privacy commission that is appropriate to the task at hand. I note that Bill C-28 attempts to do that and I am looking forward to the committee's analysis of whether they will have the tools appropriate to the task.

We need to take a look at the Competition Act. As in every business, we need to at least provide a playing field that treats every competitor equitably and equally.

I noted today that there was a list of cities around the world that were ranked according to their ability to provide a secure investment climate and business climate. I am pleased to say, in case it missed anybody from this House, that my own native city, my home city of Toronto, the city by Lake Ontario, was ranked number one, not in Canada but in the world. It means that some things that governments prior to this one put in place actually did work.

Sometimes we tend to forget that people who preceded us actually had a contribution to make to national development. For at least as far as Toronto goes, despite all of its faults, it is still ranked number one in the world. Can we imagine, if we can say that, despite all of its faults, it is ranked number one that it has faults and the bill had better accept those? Can we imagine what the other cities around the world are like? I note that there are only two other cities in Canada that ranked in the top 20. I leave it for members from the other caucuses to highlight and trumpet their cities. However, the important thing is that a Canadian city is ranked number one, and that happens to be mine, but it is because there was legislation in the past that provided for a competitive environment that bred good commercial practices and, in fact, attracted business investment.

We need to go to the Competition Act and ensure that Bill C-28 establishes a continuation of just that type of a climate. We must remember that we are moving in a world that is Internet based, that is much more speedy, much more attuned to changes, literally like that. We can no longer rest on our laurels. We need to be able to say that the commercial climate, the investor climate, the privacy climate and the social climate that we attempt to provide an ambience for here in the House meets the test.

We have the Telecommunications Act. It is no longer simply about telephones and faxes. Some colleagues from both sides of the House have talked about a do not call list as the protection of privacy, stopping harassment and eliminating all the irritants. Whether that worked or did not work, we made an effort to do it when I was in government. Again, not to be partisan, but the current government has attempted to do something with a little less success than had been anticipated.

We cannot simply stand here and say that it will achieve this. How will it do that? That is an expression of an objective, a goal. It is not necessarily an indication of how that goal will be achieved. This needs to go to committee so that we can get the experts to tell us just what path we will take to ensure that we can achieve those goals. When it comes into force, we need to be able to say that there will be resources in place to ensure that all of the mechanisms that we do put in place are actually supportive of that overall, long-term goal and objective.

Otherwise, this is nothing more than an exercise in trying to keep us occupied because the government has finally come to its senses and said, “We have been here for five and a half years. There was a task force that laid out a road map for us and we did not do anything about it”.

In fact, the parliamentary secretary said a moment ago that there should be a sense of urgency because we are the laggards of the western world and because the OECD countries rank us last. However, we are not moving at all. That cannot be the fault of anybody else other than those members who are currently at the helm. It is not the Liberal Party. It is not the NDP, although it is responsible for having those people on that side of the House. It cannot be the Bloc. It must be the Conservatives who have squandered an opportunity to do something with the levers of power that have been granted to them as the result of an electoral outcome.

The parliamentary secretary said that we need to have sharp teeth for those agencies and commissions that will actually do the work of ferreting out all of those spammers, scammers and all of those who pry into our lives and distort our businesses. If those resources are not put in place, then we will not get those sharp teeth.

What are the consequences? Yes, $1 million per person is great and $10 million for business sounds impressive, but I want to know whether the mechanisms are in place to get them before a court of law, act expeditiously and actually be able to fine them, seize their assets and ensure that the stated penalty is reflected in reality. I have asked the parliamentary secretary for an indication of how this will work. The public does not want to know what anymore. They understand the why but they want to know the how and the how always includes the resources that will be put in place.

If one can acknowledge that there is a $27 billion cost on an annual basis, about $850 out of everybody's pocket every year, surely one ought to be able to put in some resources to ensure that does not happen. I am not sure the government has done that.

It might be instructive for everybody to understand what it was that the Liberal Party offered as an alternative. Everybody is always looking for an alternative to the government. The government says that there is no alternative to it because it is good. However, it has been lazy for five and a half years and it has squandered opportunity. It has wasted a chance to make Canada a leader. Now the Conservative government stands in the House and says that it is a laggard and that it will try to make us a leader. Trying is nice, it is an expression of a desire, but it is not a road map.

I want to explain what the road map was five and a half years ago that this bill purports to follow. It said that we would prohibit the sending of spam without the prior consent of recipients. Who the heck wants spam? There was a proactive measure on the part of those who hook up to the Internet and who were willing to accept virtually anything that came in because they were knowledgeable, did not care if the anti-virus system was in place, did not care if somebody wanted to fish into their system, and so on.

Clearly, there is no protection against those who want to break the law, but if there is no law, there is no breaking the law, no breaking of convention. We need to be able to put it in place.

Since we do not accept the use of false and misleading statements in regular advertising, why would accept it on the Internet? As I said earlier, the installation of unauthorized programs needs to be absolutely prohibited, as, for example, the unauthorized collection of personal information or email addresses. Unless someone gives the okay, why should we allow that to happen?

In fact, over the course of the last several years we did put in the no call list, although it has not worked all that well, but we did put in something that worked a bit more effectively and that was removing names from facsimile lists. Paper was constantly being burned up at home or at work with people sending information that was not wanted or needed.

Bill C-28 finally introduces some key elements that tap into that task force. I want to compliment the people who did the work on that task force. I want to compliment the former Liberal government for actually providing a mechanism. I want to encourage the current government for having done a Rip Van Winkle and finally awakened after five and a half years. I hope the committee will do the work for the government and that the House will be able to give its stamp of approval.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 6:10 p.m.
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Bloc

Robert Bouchard Bloc Chicoutimi—Le Fjord, QC

Mr. Speaker, I would like to thank the member for his presentation and speech.

The public has been waiting for Bill C-28 for a long time. In his speech this afternoon, one of his colleagues spoke about how important it is for the government to make the means available to implement Bill C-28.

What consequences does the member think there would be for implementing Bill C-28 if the government provided only limited resources?

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 6:10 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, my colleague is quite right. In my opinion, if they do not do what needs to be done and do not allocate the resources needed to make this bill effective, it would show that the government is not serious.

If the government is not serious, we cannot expect the bill to succeed and produce the results needed to reduce costs, as we have pointed out from this side of the House and the other side. I am talking about the $27 billion lost in the commerce and in public productivity each year.

If the government does not recognize the need to make the financial resources and means available, it is because it is not serious and this implies that this bill will take the same path that Bill C-27 took—the path to nowhere.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 6:15 p.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I thank the hon. member for Eglinton—Lawrence for some insight. The last time he spoke, Stefano was having a birthday. He always talks about family.

In talking about family, there is the issue of the harm that is being done already and the problem that we are trying to address and why this is also a public safety and security issue, as well as a nuisance issue that we are dealing with.

Would the member care to comment on the dimensions of the problem and why it is so important that we get this legislation in place.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 6:15 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I thank the hon. member for recognizing that in this place we can talk about human things and family, as well as the important things of legislation because the two are very often intertwined.

I spoke about Stefano last time. This time let me talk about Matteo. Matteo is only about 20 months old but he is celebrating, in the culture that I come from, his name day. His name day is, of course, St. Matthew. I do not know whether he is watching. He is probably missing his grandfather, I hope. However, as the member said, it is important to mix together the evolution of our society.

As I said a few moments ago, our society has moved in leaps and bounds. There is exponential growth in a commercial activity associated with Internet usage, there is exponential growth in the dissemination of knowledge and there is exponential growth in the use of that knowledge for the realization of one's personal ambition and, because we are in this place, of our collective and national ambition.

We are so far behind from a legislative perspective that some people could say that Canada, which I think the parliamentary secretary acknowledged, is still the wild west of the western world in terms of Internet usage, Internet regulation, the protection of privacy, the protection of commerce and the establishment of an environment for productive and competitive businesses and relationships.

One of our NDP colleagues talked about online governments. That is one of the initiatives that was begun by members of the Liberal caucus. I think the member for Mississauga South was a part of that, just a few short years ago. All of his work and the work of that caucus went to nil because the current government decided to go to sleep for the last five and a half years.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 6:15 p.m.
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Bloc

Raynald Blais Bloc Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I have a very simple question. One can always criticize the government for being so slow regarding a bill like this one. The task force was created in 2004 and the final report was released in 2005. Here we are in 2010 and spam has been around for quite some time.

We have a task force that has presented interesting ideas and possible solutions. We would really like the Minister of Finance to build on the work already done on this file. Consultations have been done, but we have to wonder how reliable they are. Consultations are currently underway for the next budget.

Should creating task forces like that one, which focus on very specific issues, not be the way to go, as well as using new technology, in order to allow the general public to share their opinions on things like transport, fisheries, local and regional development, and any other issues?

This example shows that when the government takes an issue seriously, participates in the process and moves more swiftly than it has in this case, we can really achieve something.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 6:15 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I would like to thank my colleague for once again explaining to us the challenge inherent in any government bill.

Six or seven years ago, the working group was tasked with finding ways to implement a bill that would have achieved something our colleague believes is desirable for Canadians. In other words, the Minister of Finance should have received a call from the then-minister of Industry giving him the funding to carry out the project. The minister at the time was responsible for establishing a timeline and conducting the necessary analysis to justify costs. The Industry minister at the time, like the current Minister of Industry, always had to work with other ministers to convince the Minister of Finance, who was responsible for allocating financial resources.

I do not know if the current minister is inspired enough to do this. He is always talking about the problem of the coalitions of knowledgeable people. I find it uninspiring when I see that he has had several opportunities to supply the resources our colleague was talking about a few minutes ago.

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 6:20 p.m.
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Bloc

Robert Bouchard Bloc Chicoutimi—Le Fjord, QC

Mr. Speaker, Bill C-28 introduces measures that people and businesses have been waiting for for a long time. The government also put this measure forward as Bill C-27. Now we are dealing with Bill C-28.

I asked this question earlier, but I would like to hear the member's opinion, which may differ from that of the NDP member. Why does he think it took so long to get to Bill C-28?

Fighting Internet and Wireless Spam ActGovernment Orders

September 27th, 2010 / 6:20 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, my reply will be brief. As a legislator, I am frustrated because we already had a plan. After waiting four and a half years, almost five years, the government is finally waking up. With hints of an election in the air, the government wants to give the impression that it is responding to the public's demands. I believe that the government is not yet convinced, as it has not been for the past five years. It is that simple. There was no interest in promoting the interests of Canadians no matter where they live. The Internet is international—