moved:
Motion No. 9
That Bill C-20, in Clause 22, be amended by adding after line 10 on page 23 the following:
“74.091 (1) A person, other than a corporation, who is resident in Canada and at least 18 years of age, or a group of persons, none of whom is a corporation, who are resident in Canada and at least 18 years of age may address a request to the Commissioner that the Commissioner make application for an order under this Part.
(2) The request must be in a form approved by the Minister and must include a solemn declaration containing
(a) the name and address of the person making the request;
(b) a statement that the person making the request is a resident of Canada and at least 18 years of age and is not a corporation;
(c) a statement of the nature of the reviewable conduct and the name of each person alleged to be involved;
(d) a summary of the evidence supporting the allegations in the request;
(e) the names and addresses of each person who might be able to give evidence about the reviewable conduct, together with a summary of the evidence that each such person might give, to the extent that this information is available to the person making the request; and
(f) a description of any document or other material that the person making the request believes should be considered in the application for an order and, if possible, a copy of the document.
(3) The Commissioner shall acknowledge receipt of the request and shall make application for an order under this Part.
(4) The Commissioner shall not make application for an order if the request is frivolous or vexatious.
(5) If the Commissioner decides not to apply for an order, the Commissioner shall, within 60 days after the request is received, give notice of that decision, including the reasons for it, to
(a) the person who made the request; and
(b) each person alleged in the request to be engaging in or to have engaged in reviewable conduct for whom an address is given in the request.”
Motion No. 10
That Bill C-20, in Clause 22, be amended by adding after line 10 on page 23 the following:
“74.091 (1) Any person, other than a corporation, who is resident in Canada and at least 18 years of age, or a group of persons, none of whom is a corporation, who are resident in Canada and at least 18 years of age may address a request to the Commissioner that the Commissioner make application for an order under this Part against a person who is engaging in or has engaged in reviewable conduct.
(2) As soon as possible after receiving a request under subsection (1), the Commissioner shall make application for the order, unless the request is frivolous or vexatious.”
Motion No. 11
That Bill C-20, in Clause 22, be amended by replacing lines 11 and 12 on page 23 with the following:
“74.1 (1) Where, on application by the Commissioner, by a person, other than a corporation, who is resident in Canada and at least 18 years of age or by a group of persons, none of whom is a corporation, who are resident in Canada and at least 18 years of age, a court determines that a”
Madam Speaker, we brought in these motions because, as a result of Bill C-20, in future no one but the new commissioner will be able to ask the court whether someone's conduct is or has been reviewable. This leaves a great deal of power in the hands of a single person, a power that is far from commonplace, since it is the ability to convene a court in order to determine whether there has been deceptive telemarketing or advertising.
In the past, there were rules that allowed people who felt they had been unfairly treated to call upon that court.
Too much power is entrusted to this commissioner, will report only to the minister, we would remind members, and not to the House of Commons, as the auditor general does. This person is going to report only to the Minister of Industry.
The Reform members are saying that this is a complex bill and that the proposals we have just made would complicate things still further. They admit that this bill is a complex one,
When something is complex, it needs to be clarified. Some sense must be made of it. Sufficient detail must be given to allow the public to understand what it is all about, otherwise how can they organize any defence?
We would like any individual who feels he has been harmed by misleading advertising or telemarketing to be able to appeal to a court. We do not wish this to be left up to the judgment of one person who does not even report to the House of Commons, but instead depends on the power of a single minister.
All this has been added. I think it is worthwhile quoting them:
74.091 (1) A person, other than a corporation—
—who is resident in Canada and at least 18 years of age, or a group of persons, none of whom is a corporation, who are resident in Canada and at least 18 years of age may address a request to the Commissioner that the Commissioner make application for an order under this Part.
(2) The request must be in a form approved by the Minister and must include a solemn declaration containing
(a) the name and address of the person making the request;
(b) a statement that the person making the request is a resident of Canada and at least 18 years of age and is not a corporation;
(c) a statement of the nature of the reviewable conduct and the name of each person alleged to be involved;
(d) a summary of the evidence supporting the allegations in the request;
(e) the names and addresses of each person who might be able to give evidence about the reviewable conduct, together with a summary of the evidence that each such person might give, to the extent that this information is available to the person making the request; and
(f) a description of any document or other material that the person making the request believes should be considered in the application for an order and, if possible, a copy of the document.
(3) The Commissioner shall acknowledge receipt of the request and shall make application for an order under this Part.
(4) The Commissioner shall not make application for an order if the request is frivolous or vexatious.
If the chairman or the commissioner is of the opinion that it is frivolous, this could be dropped.
(5) If the Commissioner decides not to apply for an order, the Commissioner shall, within 60 days after the request is received, give notice of that decision, including the reasons for it, to
(a) the person who made the request; and
(b) each person alleged in the request to be engaging in or to have engaged in reviewable conduct for whom an address is given in the request.
This is a clear and precise statement that ordinary citizens can understand. This is the kind of legislation expected from any government, including the federal government.