Industry Committee on Oct. 26th, 2009

[André Leduc]

This is where we have permitted 7(1)(b) in PIPEDA to exist regarding the collection of electronic addresses. Proposed subsection (3) is about the unauthorized collection of personal information, and we didn't feel the exception set out in 7(1)(b) was appropriate to (3).

[The Chair, Conservative, Michael Chong]

Thank you.

[Brian Masse, NDP, Windsor West, ON]

So this allows for more unauthorized collection?

[André Leduc]

No, this would limit the unauthorized collection. This is placing a further limitation on the unauthorized collection.

[The Chair, Conservative, Michael Chong]

Mr. Masse, does that clarify things for you?

[Brian Masse, NDP, Windsor West, ON]

Not entirely. I want to work through this.

[André Leduc]

Paragraph 7(1)(b) in PIPEDA would permit a private company to collect personal information without authorization with regard to an investigation in defence of a contract or a law. We're saying that limitation is not appropriate, that that allowance under proposed subsection (3) is not appropriate any longer. So it's a clear tightening of that.

[Brian Masse, NDP, Windsor West, ON]

The interpretation I had was that this clause, without the change that is being recommended here, would actually open it to more exposure. So you're saying that the change that's just been presented, making it paragraphs 7(1)(a) to (d), is the tightening that's going to--

[André Leduc]

A significant tightening, yes.

[Brian Masse, NDP, Windsor West, ON]

Okay, because this is the one I raised with the minister in the House on Thursday. I want to make sure it's clear, because we haven't received this change until just now. It's not that I don't trust anyone around here.

[The Chair, Conservative, Michael Chong]

Mr. Masse, do you have any further questions?

[Brian Masse, NDP, Windsor West, ON]

No, thank you, Mr. Chair.

[The Chair, Conservative, Michael Chong]

Then we're going to go to Mr. Garneau.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Chair, I just want to follow up on a clarification you provided that if we are to vote for this government change.... I'm concerned about amendments L-7 and L-9 specifically, that they would no longer be allowed to be brought forward.

[The Chair, Conservative, Michael Chong]

That's correct. If amendment G-55.1 is adopted by this committee, I will not allow amendments L-7, L-8, or L-9 to be moved.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Can you spell it out for me--why?

[The Chair, Conservative, Michael Chong]

Because amendments L-7, L-8, and L-9 will contradict what has been adopted in amendment G-55.1.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

I understand. Thank you.

[The Chair, Conservative, Michael Chong]

Once the committee has adopted a clause or an amendment to a clause, as chair I cannot revisit that amendment or that clause unless I have the unanimous consent of the committee to do so.

Mr. Rota.

[Anthony Rota, Liberal, Nipissing—Timiskaming, ON]

I'm not quite clear on amendment L-9. I'm fine with amendments L-7 and L-8, but maybe I can have the staff explain how amendment L-9 would contradict amendment G-55.1.

[The Chair, Conservative, Michael Chong]

Okay. Just one moment.

Mr. Palmer, can you clarify for this committee whether or not amendment L-9 can stand if amendment G-55.1 is adopted?

[Philip Palmer]

You have the guy who's the expert on parliamentary procedure. I'm inclined to see it as Mr. Rota does, that it doesn't contradict any of the provisions in--

[The Chair, Conservative, Michael Chong]

Okay, so what I'll do, then, as chair I'll rule that I will allow amendment L-9 to be considered after the consideration of amendment G-55.1, regardless of whether or not it's adopted.

[Anthony Rota, Liberal, Nipissing—Timiskaming, ON]

No, that's fair. I just wanted to make sure they were--

[The Chair, Conservative, Michael Chong]

Thank you for asking the question.

We're still considering amendment G-55.1. We have an intervention from Mr. Masse, and then Madam Coady, and then--