Madam Speaker, I am very pleased to speak to Bill C-266, an act to amend the Competition Act. I support this bill although I do have a concern about it. I will address that in a moment.
I like the idea of there being a benefit to the consumer. I like the fact that it improves the policing and the consumer watch over product. That is something much needed.
Unlike previous bills which have sought to find measures that will prevent unfair gasoline pricing at the pumps, this bill works within the current provisions of the Competition Act without overtly increasing the size and the cost of the bureaucracy, or imposing unnecessary regulation on the marketplace.
The bill will enhance the commission's ability to conduct an investigation by allowing the commission to act on confidential information. Under the current legislation an investigation can only be carried out by the commission if supported by a six resident application for inquiry into allegations of wrongdoing or at the minister's request. We know where that goes with ministerial requests.
The Reform Party policy supports vigorous measures to ensure the successful operation of the marketplace through such means as the promotion of competition, competitive pricing, the strengthening and vigorous enforcement of competition and anti-combines legislation with severe penalties for collusion of price-fixing. This bill fits quite well within the scope of the policy that Reform has. There was mention by a previous speaker of the impact on employer-employee relations. Having negotiated collective agreements for many years in my career, there is an aspect of this that basically provides for an employer to be libel for a fine of up to $100,000 or two years imprisonment if found guilty of retaliatory action against an employee under the circumstances that were laid out.
I do not know of anywhere in this country that it is legislated where an employer may receive a $100,000 fine and in particular two years imprisonment for a dispute between and employer and an employee. In many cases we can probably get situations where a disgruntled employee, an employee who has been fighting with the organization itself, the owners themselves, says "I am going to rat on this certain circumstance", and perhaps they are wrong or half right. All of a sudden we find the employee taking the employer to task through court and demanding that there not only be restitution
but demanding that the employer be libel to a fine of $100,000 or two years in prison.
Those are the kinds of difficulties that legislators, in particular the federal government and provincial governments, get into when they try to right a situation, especially in the competitive markets and by doing so over react on the other end to the punitive measures if that situation is not fulfilled.
I worry about any kind of legislation where we are actually talking about employers who through a fault of their own are fined $100,000 or two years in prison.
In this country we have a hard enough time getting individuals for sexual assault to have these kinds of fines and two years in prison. I am not sure whether that strong punitive measure belongs in this bill.
I would sincerely hope that the member who brought Bill C-266 forward would reconsider that aspect and downsize the punitive measure. It should not be $100,000 and two years in prison, but something a bit more reasonable than that.
I recognize that there is a respect for the confidentiality of the employee except in cases where upon inquiry the commission finds that employee knowingly accused an employer falsely. Therein we get into employer-employee relationships again and the problems that can happen.
I do think this is a good bill. The difficulty with the other side of the bill is that the measures taken to ensure that it is enforced are too harsh. If the member wishes the support of this member, I would ask him to reconsider that. Then I think he has something that is very worthwhile. Indeed, it fits in with our policy. I would certainly be happy to go with it.