moved:
Motion No. 6
That Bill C-20, in Clause 13, be amended by adding after line 4 on page 11 the following:
“(a.1) make a representation to the public in the form of a statement, warranty or guarantee of the performance, efficacy or length of life of a product that is not based on an adequate and proper test thereof, the proof of which lies on the person making the representation;
(a.2) make a representation to the public in a form that purports to be
(i) a warranty or guarantee of a product, or
(ii) a promise to replace, maintain or repair an article of any part thereof or to repeat or continue a service until it has achieved a specified result if the form of purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that it will be carried out; or
(a.3) make a materially misleading representation to the public concerning the price at which a product or like products have been, are or will be ordinarily sold, and for the purposes of this paragraph a representation as to price is deemed to refer to the price at which the product has been sold by sellers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold by the person by whom or on whose behalf the representation is made.”
Madam Speaker, with this motion we are introducing some clarifications. Clause 13 provides:
(a) make a representation that is false or misleading in a material respect;
However, the important points are not indicated.
It continues:
(b) conduct or purport to conduct a contest, lottery or game of chance, skill or mixed chance and skill, where—
(i) the delivery of a prize or other benefit to a participant in the contest, lottery or game is, or is represented to be, conditional on the prior payment of any amount by the participant, or
(ii) adequate and fair disclosure is not made of the number and approximate value of the prizes, of the area or areas to which they relate and of any fact within the person's knowledge, that affects materially the chances of winning;
(c) offer a product at no cost, or at a price less than the fair market value of the product, in consideration of the supply or use of another product, unless fair, reasonable and timely disclosure is made of the fair market value of the first product and of any restrictions, terms or conditions applicable to its supply to the purchaser; or
(d) offer a product for sale at a price grossly in excess of its fair market value, where delivery of the product is, or is represented to be, conditional on prior payment by the purchaser.
We consider these important points. This clarifies much of the bill which remains imprecise. I point out the particular context of this bill, which will give greater powers to the director of the competition bureau, to be known in future as the commissioner. This individual will be able to make decisions alone, whereas in the past there were other commissioners.
If these points are not spelled out, this person will have a difficult task. More importantly, I think that the victims of deceptive telemarketing should know when such action is considered fraudulent so they may lodge a complaint.
Our aim in making these proposals is to improve the legislation.