Industry Committee on June 16th, 2009

[Barry Sookman]

Yes. You heard my comments previously about what the regime should be.

But if we were focusing on the term “existing business relationship”, one thing that would be useful to keep in mind is the background, where this definition came from. It came from the Telecommunications Act, and it preceded the establishment of the do-not-call list. This definition has more usefulness in the business-to-consumer market, which is what it was more designed for. The prospect now is taking the same definition, without recognizing that the same definition is also going to be used in a business-to-business context. The business-to-business relationships are much more diversified.

If the intent is to go with the definition, my suggestion would be to examine this particular definition and see how it needs to be adapted to really deal with business-to-business as opposed to only business-to-consumer.

[Brian Masse, NDP, Windsor West, ON]

Mr. Hill.

[Wally Hill]

I think we disagree on this point. There is a business-to-business exemption or exception in this bill, so the implied consent component is designed for business-to-consumer interactions. Business-to-business marketing, where it concerns the interests of a business that's receiving the marketing, is excepted by this legislation.

Now, in my opening remarks I pointed to that and indicated that in discussions I've had there's been some concern that the definition in the bill as it now sits may be a bit too narrow. I think we should look at some alternatives, and I've mentioned the Alberta legislation.

I don't think that's the concern that's being suggested on that point.

[Brian Masse, NDP, Windsor West, ON]

Thank you, Mr. Chair.

[The Chair, Conservative, Michael Chong]

Thank you very much, Mr. Masse.

We're going to go briefly to Mr. Lake, and then we're going to suspend to allow our witnesses to leave us, and we're going to briefly discuss future committee business.

Mr. Lake.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

In reading this, and having heard conversations as we've been talking through this, I think it's important to talk about the difference between implied and express consent. There seems to have been a misinterpretation by some, not necessarily today but throughout this committee, that the 18 months refers to express consent. The reality is that if somebody buys a vehicle, or a house, or something like that, and has express consent, that express consent is good for an indeterminate amount of time, until someone actually says they don't want anything anymore. That 18 months does not apply in that situation, and it seems there may be some confusion around this. This situation we're talking about, the 18 months referred to here, refers only to implied consent. I just wanted to make that clarification as we're thinking about this as we move forward.

[The Chair, Conservative, Michael Chong]

Thank you very much, Mr. Lake.

I want to thank our witnesses from the four different organizations for appearing in front of us today. We appreciate your testimony. It will be helpful as we continue our review of this bill.

We'll suspend the meeting for five minutes to allow people to leave the room so we can talk about future committee business in camera.

The meeting is suspended.

[Proceedings continue in camera]