Debates of Oct. 20th, 1999

Division No. 6

[The Deputy Speaker]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker]

In my opinion the nays have it.

And more than five members having risen:

[The Deputy Speaker]

The recorded division on Motion No. 1 stands deferred.

[Pierre Brien, Bloc, Témiscamingue, QC]

Mr. Speaker, I rise on a point of order. To make your life a bit easier, if there is unanimous consent, we could proceed on the assumption that all motions in Group No. 1 have been deemed votable and the vote deferred until tonight, as we just did for the first motion.

[The Deputy Speaker]

Is there unanimous consent to proceed this way?

[Some hon. members]

Agreed.

[The Deputy Speaker]

A recorded division is deemed to have been requested on all votable motions and deferred.

I will now put the motions in Group No. 2 to the House.

[Pierre Brien, Bloc, Témiscamingue, QC]

moved:

Motion No. 3

That Bill C-6 be amended by deleting Clause 2.

[John Bryden, Liberal, Wentworth—Burlington, ON]

moved:

Motion No. 4

That Bill C-6, in Clause 2, be amended by replacing line 16 on page 1 with the following:

“character, including the selling, bartering or leasing of donor, membership or other fundraising lists.”

[Pierre Brien, Bloc, Témiscamingue, QC]

moved:

Motion No. 6

That Bill C-6 be amended by deleting Clause 4.

Motion No. 7

That Bill C-6, in Clause 4, be amended by replacing line 13 on page 4 with the following:

“(d) any organization in respect of personal information that the organization collects, uses or discloses and to which the legislation of a province respecting similar matters applies.”

[John Manley, Liberal, Minister of Industry]

moved:

Motion No. 8

That Bill C-6, in Clause 4, be amended by replacing lines 14 to 17 on page 4 with the following:

“(3) Every provision of this Part applies despite any provision, enacted after this subsection comes into force, of any other Act of Parliament, unless the other Act expressly declares that that provision operates despite the provision of this Part.”

[Charlie Penson, Reform, Peace River, AB]

moved:

Motion No. 11

That Bill C-6, in Clause 6.1, be amended by replacing line 31 on page 4 with the following:

“6.1 For the purposes of clause 4.2.4 of Schedule 1, the consent required before information regarding the health of an individual can be used for a new purpose, despite having been documented under clause 4.5.1 of that Schedule, must be expressly stated by the individual after having been given an opportunity by the organization to either expressly grant or deny the use for that new purpose.”

[Pierre Brien, Bloc, Témiscamingue, QC]

moved:

Motion No. 12

That Bill C-6 be amended by deleting Clause 7.

[John Manley, Liberal, Minister of Industry]

moved:

Motion No. 13

That Bill C-6, in Clause 7, be amended by replacing lines 17 to 21 on page 5 with the following:

“could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, and the information is used for the purpose of investigating that contravention;”

[Charlie Penson, Reform, Peace River, AB]

moved:

Motion No. 14

That Bill C-6, in Clause 7, be amended

(a) by replacing line 25 on page 5 with the following:

“(c) subject to subsection (6), it is used for statistical, or scholarly”

(b) by replacing line 23 on page 6 with the following:

“(f) subject to subsection (6), for statistical, or scholarly study or”

(c) by adding after line 10 on page 7 the following:

“(6) For the purposes of paragraph 2(c) or (3)(f), an organization may not use or disclose personal information regarding the health of an individual without the knowledge or consent of the individual unless the organization has obtained the prior approval of the Commissioner, after having demonstrated to the Commissioner that the organization has sufficient and appropriate safeguards in place to ensure that the information is adequately protected against improper use or disclose”

[John Manley, Liberal, Minister of Industry]

moved:

Motion No. 15

That Bill C-6, in Clause 7, be amended by adding after line 8 on page 6 the following:

“(c.1) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that

(i) it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs,

(ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or

(iii) the disclosure is requested for the purpose of administering any law of Canada or a province;”

Motion No. 16

That Bill C-6, in Clause 7, be amended by replacing lines 10 to 15 on page 6 with the following:

“tion to an investigative body, a government institution or a part of a government institution and the organization

(i) has reasonable grounds to believe that the information relates to a breach of an agreement or a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, or

(ii) suspects that the information relates to national security, the defence of Canada or the conduct of international affairs;”

Motion No. 17

That Bill C-6, in Clause 7, be amended by replacing line 43 on page 6 with the following:

“able and is specified by the regulations;

(h.2) made by an investigative body and the disclosure is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province; or”

[Charlie Penson, Reform, Peace River, AB]

moved:

Motion No. 18

That Bill C-6, in Clause 7, be amended by replacing line 44 on page 6 with the following:

“(3.1) Despite clause 4.4 of Schedule 1,

(a) the organization shall inform the Commissioner of the purposes for which information regarding the health of an individual is collected before the time of collection and the manner in which and the time within which it is to be collected;

(b) the Commissioner may review the scope of the information being collected and the time and manner of the proposed collection, and may limit the collection or the time or manner of collection if, in the Commissioner's opinion and taking into account the identified purposes, the scope is not reasonable or the time or manner is not fair and lawful in the circumstances; and

(c) any information regarding the health of an individual must not be collected or used by or disclosed to a financial institution within the meaning of the Canada Evidence Act.”

Motion No. 19

That Bill C-6, in Clause 7, be amended by replacing line 5 on page 7 with the following:

“(4.1) Despite clause 4.3.1 of Schedule 1, where consent with respect to the use or disclosure of information is sought after the information has been collected but before use, the consent obtained by the organizations must be fully informed and expressly given.”

[John Manley, Liberal, Minister of Industry]

moved:

Motion No. 20

That Bill C-6, in Clause 7, be amended by replacing line 10 on page 7 with the following:

“out in paragraphs (3)(a) to (h.2).”

[Charlie Penson, Reform, Peace River, AB]

moved:

Motion No. 21

That Bill C-6, in Clause 7, be amended by replacing line 10 on page 7 with the following:

“(6) For the purposes of clause 4.3 of Schedule 1, the knowledge and consent of an individual that is required in respect of information regarding the health of the individual is fully informed consent, whereby the individual has been advised adequately of the information being collected and of the persons or group of persons from whom the information is sought, and is given the right to examine the information before it is used or disclosed and to withdraw consent previously given.”

Motion No. 22

That Bill C-6, in Clause 7.1, be amended by replacing line 10 on page 7 with the following:

“7.1 For the purposes of clause 4.5.3 of Schedule 1, the guidelines shall be developed and the procedures implemented in a confidential manner consistent with the sensitivity of the information.”

[Pierre Brien, Bloc, Témiscamingue, QC]

moved:

Motion No. 23

That Bill C-6 be amended by deleting Clause 8.

[Charlie Penson, Reform, Peace River, AB]

moved:

Motion No. 24

That Bill C-6, in Clause 8, be amended by replacing line 7 on page 8 with the following:

“tion that the request is not being withdrawn; and (c) the cost does not exceed a cost that is directly attributable to copying the information and that is reasonable in the circumstances.”

[Pierre Brien, Bloc, Témiscamingue, QC]

moved:

Motion No. 25

That Bill C-6 be amended by deleting Clause 9.

[John Manley, Liberal, Minister of Industry]

moved:

Motion No. 26

That Bill C-6, in Clause 9, be amended by adding after line 32 on page 8 the following:

“(2.1) An organization shall comply with subsection (2.2) if an individual requests that the organization

(a) inform the individual about

(i) any disclosure of information to a government institution or a part of a government institution under paragraph 7(3)(c), subparagraph 7(3)(c.1)(i) or (ii) or paragraph 7(3)(d), or

(ii) the existence of any information that the organization has relating to a disclosure referred to in subparagraph (i), to a subpoena, warrant or order referred to in paragraph 7(3)(c) or to a request made by a government institution or a part of a government institution under subparagraph 7(3)(c.1)(i) or (ii); or

(b) give the individual access to the information referred to in subparagraph (a)(ii).

(2.2) An organization to which subsection (2.1) applies

(a) shall, in writing and without delay, notify the institution or part concerned of the request made by the individual; and

(b) shall not respond to the request before the earlier of

(i) the day on which it is notified under subsection (2.3), and

(ii) thirty days after the day on which the institution or part was notified.

(2.3) Within thirty days after the day on which it is notified under subsection (2.2), the institution or part shall notify the organization whether or not the institution or part objects to the organization complying with the request. The institution or part may object only if the institution or part is of the opinion that compliance with the request could reasonably be expected to be injurious to

(a) national security, the defence of Canada or the conduct of international affairs; or

(b) the enforcement of any law of Canada, a province or a foreign jurisdiction, an investigation relating to the enforcement of any such law or the gathering of intelligence for the purpose of enforcing any such law.

(2.4) Despite clause 4.9 of Schedule 1, if an organization is notified under subsection (2.3) that the institution or part objects to the organization complying with the request, the organization

(a) shall refuse the request to the extent that it relates to paragraph (2.1)(a) or to information referred to in subparagraph (2.1)(a)(ii);

(b) shall notify the Commissioner, in writing and without delay, of the refusal; and

(c) shall not disclose to the individual

(i) any information that the organization has relating to a disclosure to a government institution or a part of a government institution under paragraph 7(3)(c), subparagraph 7(3)(c.1)(i) or (ii) or paragraph 7(3)(d) or to a request made by a government institution or a part of a government institution under either of those subparagraphs,

(ii) that the organization notified an institution or part under paragraph (2.2)(a) or the Commissioner under paragraph (b), or

(iii) that the institution or part objects.”

[Pierre Brien, Bloc, Témiscamingue, QC]

moved:

Motion No. 34

That Bill C-6 be amended by deleting Clause 17.