Mr. Speaker, I will now start where I left off earlier. I will remind members who are joining us just now that we are debating Bill C-6 promoting electronic commerce and the protection of personal information. I was explaining that Quebec already has legislation to protect that field of activity and that a new federal law will only make things more complicated for the organizations that will have to abide by it, in view of the double jurisdiction that will exist because the federal government did not recognize the precedence of the Quebec act in this field.
In fact, in its March 1999 brief, the Conseil du Patronat stated “However, since subsection 92(13) of the British North America Act clearly gives the provinces jurisdiction in the area of protection of personal information and privacy and since Quebec has already enacted legislation within its jurisdiction and its borders, many jurisdictional disputes can be expected”.
Of course, when the Conseil made that statement, it expected the federal legislation as it stands today to be passed. The Conseil further stated “As for Quebec consumers, they would constantly be forced to try and determine which legislation applies and choose between two types of remedies, depending on whether their information is protected by one statute or the other”.
It is important to really understand the situation because consumers will have some recourse if they feel their personal information has not been protected. However, they will have to know if it was the federal legislation or the Quebec legislation that was supposed to protect them.
Also, the Quebec Commission d'accès à l'information appeared before the committee to explain about all the problems the implementation of both these acts would cause in the field and to stress that, in the end, Quebecers have a lot to lose given the complexity of this legal issue and the fact that they are the most protected consumers in the country. If passed, this bill aimed at protecting consumers in the rest of Canada, in other words the nine provinces that do not have such legislation, will penalize Quebec consumers because the federal government has not recognized in its bill the existence of Quebec's act and the fact that the province has jurisdiction over this area.
Other groups made their voices heard. I am thinking for instance of the Barreau du Québec, whose brief also stressed the complexity of such an act. It said “This means that from now on a huge number of Quebec based businesses will be subject to the federal act rather than Quebec's, which will not make it any easier for citizens trying to know what their rights are in this context of legislative changes. Moreover, businesses based in Quebec will have to master a new personal information protection system slightly different from Quebec's”.
Obviously, there are many differences since, as I explained earlier, Quebec is governed by civil law while the federal government follows a totally different approach, the common law. The Barreau further stated that it supports the recommendation made by the Access to Information Commission, which reads “In order to avoid any confusion and insure that Quebecers continue to enjoy the benefits of a full personal information protection system, we submit that Bill C-54 should be amended in order to provide that the act will not apply to businesses already subject to the Protection of Personal Information in the Private Sector Act”.
Accordingly, businesses would be subject to the existing act. The federal government could reach its goal of having an act in force across Canada, but which could be different in the case of Quebec. Businesses are already familiar with it and comply with it. The Barreau goes further still, saying “In our view, the bill should incorporate Quebec's act, even with respect to federal areas of jurisdiction, so as to avoid confusion, overlap and duplication of legislation in Quebec”.
This is a very interesting point of view. Normally, the federal government's approach is always the opposite. The federal government is the one interfering in provincial jurisdictions. The Barreau du Québec is saying that there is already an act so, to avoid any confusion, it should apply even where the federal act normally would. This is an interesting approach that was supported by various groups which appeared before the committee, but all of which met with the insensitivity of the federal government, the same government that, one week ago, brought us a lovely throne speech full of lofty goals on paper. We can see that, when this government says, for instance, that it wants to work with the provinces to improve the quality of life of Canadians, in practice that is not what interests it.
What interests it is to extend its authority, to acquire greater and greater control, to be the government that plans our economic and social development and controls the protection of personal information, and so on.
Day after day, in one issue after another, this government bulldozes ahead, taking over one jurisdiction after another. And, if no amendments are made, this is what is going to happen again.
We are at report stage. There is still time for the government to amend the bill. It could include provisions acknowledging the existence of Quebec's act and providing the legal framework necessary for the development of e-commerce—we are not just talking about personal information in the electronic domain in this bill; its scope is much broader—as well as ensuring the protection of personal information under the legislation that already exists in Quebec.
In this way, a reasonable balance and a workable solution could be found. I hope that there are still some sensible people left across the way and that their beautiful speeches will translate into something concrete. That is something we will see in the course of the debate and there will be an opportunity to hear what a number of my colleagues have to say about the bill this afternoon.