Evidence of meeting #38 for Industry, Science and Technology in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.
A recording is available from Parliament.
3:45 p.m.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
I'd like to make a brief comment, Mr. Chairman.
We see that the bill doesn't apply to polls, but that, in the case of commercial activities, the political parties are considered as other businesses. I believe they in fact should be subject to the act.
Thank you.
3:45 p.m.
Conservative
The Chair Conservative Michael Chong
Is there other debate on Bloc amendment 1.1?
Seeing no further debate, I will call the question on Bloc amendment 1.1.
(Amendment negatived)
3:45 p.m.
Conservative
The Chair Conservative Michael Chong
All those in favour of clause 6 as amended, please indicate.
All those opposed to clause 6 as amended, please indicate.
We have a tie vote.
October 21st, 2009 / 3:45 p.m.
NDP
Brian Masse NDP Windsor West, ON
The problem, Mr. Chair, is that we're trying to catch up. The order we have here is different from the order you're going through.
3:45 p.m.
Conservative
The Chair Conservative Michael Chong
So that members are clear, I'm working off the agenda, and I'm working down the list. We are presently on clause 6, on page 2. Amendment G-6.1 has carried. We are presently on the vote for clause 6 as amended by amendment G-6.1.
Mr. Masse, you're the only one who hasn't indicated your--
3:45 p.m.
Conservative
The Chair Conservative Michael Chong
Okay, thank you.
(Clause 6 as amended agreed to)
(On clause 7--Altering transmission data)
I understand the government has an amendment to clause 7.
Mr. Lake, would you care to move amendment G-7?
3:50 p.m.
Conservative
3:50 p.m.
Conservative
Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB
I don't think we need to, in the interest of time.
3:50 p.m.
Conservative
3:50 p.m.
Bloc
Robert Bouchard Bloc Chicoutimi—Le Fjord, QC
All right. If I understand correctly, we can't go backwards.
3:50 p.m.
Conservative
The Chair Conservative Michael Chong
The amendments, so everybody understands, are in your big, thick package. They're listed on the top right-hand corner as G-7 or NDP-1 or BQ-1.
We're currently on amendment G-7, which amends clause 7. Is there any further debate on amendment G-7?
(Amendment agreed to [See Minutes of Proceedings])
(Clause 7 as amended agreed to)
(On clause 8--Installation of computer program)
Clause 8 has two government amendments. The first one is amendment G-8; the second one is amendment G-9.
Do we have a mover for amendment G-8?
It is moved by Mr. Lake.
Mr. Lake, would you like to speak to amendment G-8?
3:50 p.m.
Conservative
The Chair Conservative Michael Chong
Is there any further debate on amendment G-8?
(Amendment agreed to [See Minutes of Proceedings])
Do I have a mover for amendment G-9?
It is moved by Mr. Lake.
Is there any debate on amendment G-9?
(Amendment agreed to [See Minutes of Proceedings])
(Clause 8 as amended agreed to)
(Clause 9 agreed to)
(On clause 10--Express consent—sections 6 to 8)
We have 10 proposed amendments for clause 10. We'll begin in the order in which we have received them. We'll begin with amendment G-10.
Do I have a mover for amendment G-10?
Mr. Lake. Thank you.
3:50 p.m.
Bloc
Robert Bouchard Bloc Chicoutimi—Le Fjord, QC
I would like you to give me an explanation of amendment G-10, which states:(1.1) Despite paragraph (I)(b), for the purposes of section 6, if a person is seeking express consent on behalf of a person whose identity is not known,(a) the only information that is required to be provided under that paragraph is prescribed information that identifies the person seeking consent;
Could you explain that to us using simpler words?
3:50 p.m.
Philip Palmer Senior General Counsel, Legal Services, Department of Industry
This concerns situations where, for example, Aeroplan asks its members whether they are interested in receiving commercial messages from its partners, Avis, Sheraton or others. At the time consent is requested, the partner has not necessarily been selected, but Aeroplan can eventually decide that, for its members, the special of the month offered by Avis is a good bargain. A message is then sent to them by Avis or on its behalf to offer them that special.
3:55 p.m.
Conservative
The Chair Conservative Michael Chong
Thank you, Mr. Palmer and Mr. Bouchard.
Do other committee members wish to ask the officials any questions?
Seeing no further debate, I will ask if government amendment 10 shall carry.
(Amendment agreed to [See Minutes of Proceedings])
We're now on government amendment 11.1, moved by Mr. Lake.
Mr. Lake, would you like to speak to this amendment?
3:55 p.m.
Conservative
Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB
What I'd like to do on this one, just because it is a little bit longer, is have the officials speak to the necessity for the changes here.
3:55 p.m.
Policy Analyst, E-Commerce Policy, Department of Industry
The confusion for us is that we don't have the amendments by the government number. We don't have that package. We were going by the clause number rather than the government amendment number.
3:55 p.m.
Conservative
The Chair Conservative Michael Chong
Just hold on a moment while we wait. We'll get the clerk to distribute copies of the package so we're all working off the same document.
The amendment number is in the upper right-hand corner of each page. We're presently on government amendment 11.1.
Go ahead, Mr. Leduc.
3:55 p.m.
Policy Analyst, E-Commerce Policy, Department of Industry
I'll run through what this entire section's intention is.
In the first instance, where a software company or otherwise is intending on seeking express consent for a download of a computer program onto a user's computer, they have to seek the requirements that are under subclause 10(2). At that time, should that computer program do anything listed in the activities of subclause 10(2.2) under clause 10, they have the additional requirements of subclause 10(2.1), which is notably apart and separate from a licence agreement:
(a) describe the program's material elements that perform the function or functions, including the nature and purpose of those elements and their reasonably foreseeable impact on the operation of the computer system; and
(b) bring those elements to the attention of the person from whom consent is being sought in the prescribed manner.
Further, an exception to that is subclause 10(2.3) in the case where it is for the reasons of transmitting the message, i.e. “transmission data”, or where it performs other operations that might be specified in regulations. They are excepted.
For computer updates and upgrades, as long as it does not do anything that's listed in subclause 10(2.2), they do not have the additional requirement. Again, it's the same for the list in subclause 10(2.5). As long as it is not doing anything in subclause 10(2.2), they do not have the additional requirement.
That, hopefully, describes the entire consent regime around the installation of a computer program.