Evidence of meeting #41 for Industry, Science and Technology in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was crtc.
A recording is available from Parliament.
4:15 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
The CRTC ultimately decided to interpret the sections of the legislation, including the one you referred to, in the manner recommended in the decision on the absence of regulations.
Furthermore, did the commission believe at that time that this was the only possible interpretation? Surely not.
4:15 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Perhaps you believed that it was the best, in any case.
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
We clearly believed, generally, that this was the best way to focus the various opinions around the table in the public interest, despite our radically different interpretations, sometimes, of that public interest.
4:20 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
I want to come back to my previous question. In his guidelines the minister asked the CRTC to allow the market to operate as freely as possible and to adopt regulations, when necessary, so as to exert the least possible influence over the situation.
Will this aspect of the guideline, in conjunction with subsection 34(3), cause you to act like a dog chasing after its own tail? In fact, even with the guideline, you would be legally obligated, if the legislation were unchanged, to reconsider that there could be regulations.
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
First, the minister has remained undeniably consistent in all his interventions. The CRTC is therefore required to interpret and apply the legislation in light of the guideline and the order in council, if such exists. It will do so to the best of its abilities and the collective conscience of its 11 members.
4:20 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Does this not make the legislation obsolete? In fact, if you are unable to exercise the right set out in subsection 34(3), the legislation then becomes obsolete: the minister is the emperor, he does what he wants.
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
We will need to study the order in council, but as far as we know, the guideline does not clash with the legislation.
4:20 p.m.
Bloc
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
Okay.
4:20 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
You just said that once the minister has made the decision, you are required to respect that decision.
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
I was referring to an order in council.
4:20 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Okay.
In your opinion, to date, have the minister's decisions been consistent with the spirit and the objective of the strategic framework that was proposed back in March or April by the expert group, that is the government's round table?
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
They are consistent with some parts and with a certain thematic orientation in the report.
4:20 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
For example, Bill C-41 states that the Competition Bureau is responsible for imposing fines, while the report gave the CRTC this responsibility.
Are the minister's positions in keeping with the thrust of the report? I know this is somewhat delicate for you.
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
The minister has adopted some significant parts of the legislation, but I cannot confirm that he has adopted it as a whole or that he has decided to fully implement all the recommendations. There are several dozen. No doubt, some of the minister's or the government's decisions are not consistent with the report. Those are the facts and not a personal opinion.
4:20 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Could you tell us whether his actions have respected the report overall or whether he has deviated from it?
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
This is a question you should ask my colleagues and members of the expert panel who will testify before you later.
4:20 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
I believe that the CRTC's expertise is more than sufficient.
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
It possesses the expertise, but it's role is not to judge the minister's decisions based on qualitative rules or provide an assessment such as the one you are asking us to make.
4:20 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Okay.
If Bill C-41 is passed and unamended, the Competition Bureau will be responsible for increased fines. If only this change is implemented, without amending the rest of the framework, what effect will this have?
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
This speaks to the relationship between the two pieces of legislation, an issue that was raised in the report in a particular recommendation. I can't find the right words in French. It concerned the Telecommunications Competition Tribunal. The government recommended joining the two entities.
If Parliament confers the power of imposing fines on the Competition Bureau, the issue of the relationship between the two pieces of legislation will most certainly be raised.
4:20 p.m.
Bloc
Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
A key part of the report is missing.
4:20 p.m.
Vice-Chair, Telecommunications, Canadian Radio-television and Telecommunications Commission
Work remains to be done.