Madam Speaker, it is my pleasure to speak on these motions today. I normally do not speak on the preamble to the motions, but it is with regret that I must.
When this bill was brought forward, the intention was to have it completed before the summer recess. However, it was the member's party that delayed it and would not allow the bill to be passed in the spring session. The first minute we were back in the House which was at 12 o'clock today, Bill C-20 was back in the House so that we could proceed with the passing of this act to amend the Competition Act. I want to make it perfectly clear that it is this government's intention to get this bill through as soon as possible, hopefully with the assistance of the other parties.
I cannot support these motions. They would effectively remove the proposed new required element of a knowing or reckless intention. They would leave the existing subsection 52(1) of the Competition Act dealing with misleading advertising and deceptive marketing practices unchanged.
This discussion during committee took many hours to make sure that we would have items in place in the act to protect from misleading advertising and deceptive marketing. The question of deleting the knowingly and reckless requirement was raised many times in committee. It appears to be linked to a concern that we are softening the law with respect to the deceptive marketing practice provision in the act. That is not the case.
As witnesses for the competition bureau explained during the committee hearing, this is simply not the case. The committee dealt with and accepted the mens rea requirement along with the whole balanced criminal and civil regime provided for in Bill C-20, the amendments relating to deceptive marketing practices.
To understand the reason for the change in the criminal provision and the creation of a new civil regime to deal with misleading advertising and deceptive marketing practice, it is useful to put the current regime in context. While the prohibitions against misleading or deceptive advertising have generally been effective in dealing with many aspects of this problem, the current provisions are solely criminal offences.
There are a number of reasons a wider range of enforcement mechanisms would allow more appropriate and effective responses to the variety of such conduct in the marketplace. For example, the stigma of the criminal process may encourage an adversarial response and preclude the informal and speedy resolution of many cases.
Since the 1970s several studies have suggested that criminal sanctions with a focus on punishment are an incomplete response to misleading advertising.
The consultative panel that provided advice to the director in the development of Bill C-20 also supported a dual track educational approach to deal with the problem of misleading advertising and deceptive marketing practices. In particular it supported the approach contained in this bill.
The purpose of the misleading advertising and deceptive marketing provision is to ensure that consumers in the marketplace are getting the correct information they need to make their purchasing decisions.
We believe that in most cases the civil regime will provide the most effective and efficient means to achieve that end. The availability of more efficient, flexible and effective tools such as the administrative monetary penalty cease and desist orders and publication orders should provide a more rapid and cost effective response than the criminal law. It is better protection to the consumers and will encourage greater compliance by business.
The residual criminal provision in clause 12 is being retained to deal with the most serious instances of intentional misconduct. Given the gravity of the offence it is appropriate and necessary to change it from a strict liability offence to a full mens rea criminal offence.
In conclusion, we believe that the provisions contained in Bill C-20 create a balanced and effective way to ensure that there is fair competition in the marketplace and that Canadian consumers are getting accurate information to make their purchasing decisions.