In clause 236, the government had proposed to make an adjustment to the English version of the act to ensure that representations about prices—particularly a discounted product—are presumed to be making the comparison to their own prices, rather than potentially to an unspecified market price or the prices of competitors. This enables the bureau to be much clearer and more targeted about going after any deceptive marketing in this space that takes advantage of a different selling price.
The bureau, of course, has its investigatory tools and the ability to compel information from organizations that are under investigation. Following the passage of Bill C-56, it also has the ability to seek orders to compel information in the course of a market study. There are a couple of different ways that the bureau can get access to this type of information.
My understanding of the change that's being proposed by NDP-7 is that it would introduce additional requirements that include demonstrating or establishing that a business has “sold a substantial volume of the product at that price or a higher price within a reasonable period of time before or after the making of the representation” and that “they have offered the product at that price or a higher price in good faith for a substantial period of time”.
Some considerations before the committee are about whether those time periods are testable, relatable and consistently applied across the board. It's about whether businesses would have the ability to understand what's expected of them in that circumstance and, frankly, what a “substantial period” might mean. Do any interim discounts that were offered for a short period of time in between, say, a Black Friday and then a Boxing Day, obviate the ability to demonstrate it as a discount, if they've done it within previous months?
Those are a few issues for the committee's consideration today.