Mr. Speaker, it is a privilege for me to talk about the fourth grouping on the various motions brought forward this morning and this afternoon.
I cannot support Motion No. 9 or its short form version, Motion No. 10. It would in effect require the director or the commissioner, as proposed in the new Bill C-20, to take a reviewable matter to the competition tribunal in situations where there was a complaint by just one person, without any opportunity to investigate the basis of the complaint or consider its merits. This raises concerns of fairness and could lead to abuse of process and a potential for waste of time, money and needless damage to reputation.
I hasten to note that the director gives serious consideration to all complaints which are made to him and takes action as he deems appropriate in various circumstances. In addition, the Competition Act currently provides for what is known as the six resident complaint which requires the director to open an inquiry.
The six resident complaint process is adequate to do the job of compelling the director to inquire into an alleged breach of the act. It also provides some assurance that there is some seriousness to the complaint about a practice that is distorting what should be a level playing field in the market and that the director's time and resources are not being wasted.
As I mentioned this motion would open up the door to potential abuse of process, raises concern about fairness and could result in time, energy and resources being squandered on groundless complaints.
With respect to Motion No. 11, which is part of the fourth grouping, a private party access to the courts is an important issue that was considered by the bureau. The consultative panel reported that the matter is extremely complex and requires more detailed analysis and meaningful public consultation. The director has already clearly stated that he would consult on this issue in the context of the next round of possible amendments to the Competition Act.
I would like to rebut some of the items the member from Lévis mentioned earlier. The director of the Competition Act, soon to be called the commissioner, reports to parliament although policy and policy changes comes through the Minister of Industry. The amount of discretion the minister has with the director is very little, being able to ask him to review a specific complaint or have another review of it.
I agree with the director and consultative panel that further analysis and consultation is required on Motion No. 11. I thank the member from Lévis for his comments but I cannot support Motions Nos. 9, 10 and 11.