Oh, oh!
Evidence of meeting #43 for Industry, Science and Technology in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was spam.
A recording is available from Parliament.
Evidence of meeting #43 for Industry, Science and Technology in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was spam.
A recording is available from Parliament.
November 2nd, 2010 / 11:35 a.m.
Conservative
The Chair Conservative David Sweet
Now that this has been settled....
I assume there are no more questions, then.
Mr. Cardin, it is your turn.
Bloc
Serge Cardin Bloc Sherbrooke, QC
You mentioned there were major fines for people who send spam.
I have a quick practical question. I do not own a business so I do not have any solicitation email to send out. However, as a member of Parliament, we have soliciting to do at least once every four years, if we had fixed election dates. In the case of a minority government, elections can occur more frequently. We might have a data base of email addresses and solicit people by email. Do members of Parliament also fall under this legislation?
Policy Analyst, Electronic Commerce Policy, Department of Industry
Yes, but only if you are engaging in commercial activity. For example, if you try to sell tickets to a fundraising event or t-shirts with a logo on them, the legislation will apply to your party. If you are just taking a poll of the members in your region, the legislation will not apply because it is not a commercial activity.
Bloc
Senior General Counsel, Legal Services, Department of Industry
I would like to add that solicitation or communication with people in your riding is totally legal. This does not affect political activities, fundraising, in other words, asking for money. It only affects the sale of products or the offer of services, which is part of the commercial domain.
Politically speaking, as is the case for charities, the legislation does not apply to these activities.
Bloc
Serge Cardin Bloc Sherbrooke, QC
So, selling oneself for 36 days is not considered a commercial activity.
Bloc
Robert Bouchard Bloc Chicoutimi—Le Fjord, QC
I have a quick question about the application of this legislation for a business that offers services, sells products or does soliciting. Currently, there are no regulations on email. Has a deadline been set? It seems a deadline of 24 months was requested. Bill C-27 spoke of 12 months and I believe we agreed on 18 months. Is that still the case?
Policy Analyst, Electronic Commerce Policy, Department of Industry
There is a deadline for existing relationships between people and businesses or non-businesses, charities for example. Based on that principle, a business has the right to send email to its customers if there has been a transaction between them within 24 months. It has in fact been set at 24 months. That is one of the changes we made in committee the last time. There is a 24-month deadline to seek consent.
Conservative
The Chair Conservative David Sweet
Are there any other questions, members?
I want to clarify one thing I just heard. You're saying that the act does not apply for political activity—sending out broadcast e-mails regarding how you're going to vote, etc., or regarding fundraising. If, however, a politician sends out a solicitation for someone to purchase that will raise funds, does that change the parameters? Does that now mean that they're subject to the act?
Director General, Electronic Commerce Branch, Department of Industry
That's correct. You would need to seek consent in that particular instance to forward that kind of message to your constituency, or whoever it is you're seeking to forward it to.
Conservative
The Chair Conservative David Sweet
So asking for straight funds without any reciprocation is fine, but once you get into the action of selling a ticket to an event or selling an item to raise funds, then you're going to be subject to the act.
Director General, Electronic Commerce Branch, Department of Industry
That's right.
Director General, Electronic Commerce Branch, Department of Industry
Very soon, we hope.
Conservative
The Chair Conservative David Sweet
Members, I understand that there are no amendments to the bill. Is that correct from all parties, that there are no amendments being submitted?
Liberal
Conservative
The Chair Conservative David Sweet
There are 92 clauses, so we'll postpone the short title, as is the practice per Standing Order 75(1).
(Clauses 2 to 92 inclusive agreed to)
(On clause 1—Short title)
