Thank you, Frank.
Mr. Chair, the stated purpose of the bill is to regulate the commercial conduct that discourages the use of electronic means to carry out commercial activities. Everyone, I think, agrees that this is an important objective, so it is equally important that we avoid restrictions that would have the effect of discouraging or making impossible exactly what the bill seeks to protect.
Our contention is that within an opt-in framework contemplated by Bill C-27, greater flexibility can and in fact should be provided as it relates to the means of obtaining consent. As we noted in our written comments that were circulated earlier in the summer, the proposed restrictions threaten to undermine the viability of commercial communication by electronic means. The problem is that in a great many instances people will simply not use one medium to give consent to communicate in another medium.
In the life and health insurance industry, and I think more generally in the financial services industry, many contacts are developed through referrals. By and large, the referral process is an informal process, and that sets up an important disconnect. The person being referred may be quite happy to be contacted by e-mail, but it is extremely unlikely that many will be willing to take the time and effort to write out express consent or take the initiative to contact an adviser.
We appreciate that there is a concern that e-mails intended to obtain consent could be misused. But it is important to keep in mind that e-mails following up on a referral need to clearly identify the person who is sending them. Our suggestion is that e-mails to obtain consent be permitted if they clearly state the purpose and do nothing else to promote the sender's services or products.
It's important to keep in mind that an e-mail that's doing this must clearly identify the sender who is using the e-mail for these purposes. So if there is any misconduct, if they're deviating from any of the restrictions you care to put in place, their identification is all over the e-mail. This fact should be more than enough to discourage misuse.
Mr. Chair, the use of electronic communication has important economic and environmental advantages. It would be unfortunate if the restrictions in Bill C-27 had the effect of forcing businesses to rely on more costly and less environmentally friendly ways of communicating with prospective customers. An important step in avoiding this outcome is to permit e-mails intended to obtain consent.
The industry greatly appreciates this opportunity to contribute to the committee's review of Bill C-27. I would like to thank you for your attention. We'd be happy to answer any questions you might have.