Mr. Speaker, I wish to thank all my colleagues for giving me a few minutes. I will be brief.
First, I wish to congratulate the new Industry Minister, who is responsible for this file, as well as his new parliamentary secretary, who made a speech a few minutes ago.
Without belabouring the point, it has been stressed here enough that there is no doubt that the prime trigger for the changes in Bill C-248 and, prior to that in the previous parliament in Bill C-509, was indeed the Superior Propane case. About that there is no argument. I think that what is important for the House to understand is that it for the first time creates a precedent in law whereby someone may use the efficiencies defence to obtain a monopoly.
I need only give the initial judgment of August 30, 2000 to relay my point. After looking at this, the tribunal realized just how dangerous this takeover of Petro-Canada's ICG by Superior Propane would be when it said:
Although the Tribunal finds that the merger is likely to prevent competition in Atlantic Canada and lessen competition substantially in many local markets for national account customers, the majority...dismiss the application...on the grounds that the respondents have been successful in demonstrating their efficiency defence--
That sets not just a precedent but a very dangerous precedent. While I understand that the Supreme Court of Canada has said let us not deal with this and the federal court ordered the tribunal to revisit this issue, the effect of which is that the competition bureau has suspended part of its merger guidelines dealing with this because we are in sort of a no person's, no man's land on the bill, it is important for us to stress that the role of members of parliament will become extremely pivotal in doing our job: creating legislation.
We do not have rule made law in this country. It is for that reason that the bill is very timely. I have heard a couple of other comments from members suggesting that we should wait until the tribunal or whoever makes its decisions. I respectfully submit that we are the ones who create laws and we are the ones who will protect the interests of consumers to the extent that does not collide with other laws like, for instance, the constitution of this country and the Canadian charter of rights. I see no reason why those important pieces of our mosaic are not challenged. I cannot see why the parliament of this country, in particular beginning with the House of Commons, would not refer this matter to the committee.
I am pleased to see that the government and other parties will be doing so. I would not characterize the comments that we have made here as being somehow selective or, as one of my colleagues from the Alliance has suggested, very narrow minded. While I appreciate his concerns, I would also remind him that the very concerns that I have brought forward can be found in the Treaty of Rome, by which the competition bureau in that country operates on a set of assumptions very similar to what has been presented in Bill C-248. It states that it is clear that there is a limit for the defence under section 85 of the Treaty of Rome:
The limit of that use of the defence efficiencies argument is the elimination of competition. Even if parties can prove that an agreement would bring about high efficiency gains, these efficiencies are not able to justify the elimination of a competitor.
This is a very pivotal sector of our economy: heating. I do not wish to trivialize the importance of Superior Propane. As many people in the country know, last year a lot of people did without and had to turn their thermostats down. They are people who are listening today and people who are on fixed incomes, individuals who live in every single riding of the country. They now know that with this proposed legislation they would at least have some semblance of hope that there will be some meaningful competition.
That is not to say that companies cannot create some kind of efficiency by simply being the only player in town. Sure they can. We are simply saying that if they do that it has to be passed it on to the customers. There has to be a very real trade-off between having a monopoly or a near monopoly or a dangerous anti-competitive monopoly and the ability for that to flow through to customers or at least to consumers.
I am heartened to hear that other members will be supporting the bill. I want to take this opportunity to thank the members of the industry committee who are now beginning to really sink their teeth into the issue of competition. This will fall at a very good time since our industry committee chair is now beginning to understand the issue of efficiencies, not only from the perspective that there are 200 economists and lawyers who have an opinion but in fact from the perspective that there are people in the House of Commons who have also developed a modicum of understanding of this very complex act. They are now realizing that if Canada wants to compete with its global partners, and I am sure that the members of the Alliance will agree with this, we should not have laws that are weaker than those of our American or other trading partners. We should have laws that, while showing similarities, differences and nuances between ourselves and the rest of the world, do not leave consumers in a situation where they are always paying the highest price for their own product.
Therefore I leave this with you, Mr. Speaker.
Mr Speaker, I am very grateful for the time you have given me. I know you are aware of the energy situation in your riding. A few years ago, a Liberal committee on gas travelled to northern Ontario to express itself, study the situation and find the problems. I wish to acknowledge the effort you made with other members of parliament to create a great momentum in terms of changes to the Competition Act.
I believe we all agree with that. I will say to my colleagues that I look forward to at least the opportunity to have the bill discussed before a committee of the House that has some expertise. I have faith in the committee system and I think we can do this by ensuring that the bill is sent to that committee.