Madam Speaker, I am pleased to have this opportunity to address the Senate's amendment to Bill C-23, an act to amend the Competition Act and the Competition Tribunal Act. Bill C-23 is before us today in the form of a Senate amendment which corrects a small technical problem between the English and French text in subsection 106.1(4) of clause 14.
Bill C-23 is vital economic legislation designed to strengthen and modernize our existing competition laws to the benefit of consumers and businesses alike. For example, the legislation would prohibit the sending of deceptive prize notices which target the most vulnerable members of our society. It would enable Canada to gain access to evidence in other countries concerning civil competition matters. It would broaden the scope under which the competition tribunal may issue interim orders. It would improve the competition tribunal process. It would allow individuals and businesses to apply directly to the competition tribunal for relief from certain anti-competitive conduct. In addition, it would provide additional measures to protect competition in the Canadian airlines industry.
The bill has been carefully reviewed by both Houses of Parliament. The Standing Committee on Industry, Science and Technology carefully listened to a broad range of witnesses and concluded that Bill C-23 takes a balanced approach. Members will recall the bill passed the House of Commons with all party support on December 10, 2001.
Section 106.1 of Bill C-23 would allow for the possibility of a consent agreement between a person, other than the commissioner of competition, that has made an application to the competition tribunal for an order to be made under sections 75 or 77 of the Competition Act and the person against whom the order is sought. This provision would provide that such an agreement can be registered with the competition tribunal if the terms of the consent agreement are consistent with the provisions of the Competition Act. However, any consent agreement made under that section would have to be published in the Canada Gazette to give third parties an opportunity to examine the consent agreement.
During its consideration of Bill C-23 the Senate committee on banking, trade and commerce suggested that a minor discrepancy existed between the French and the English translations in subsection 106.1(4) of clause 14 of the bill. Indeed, according to the English version of the subsection 106.1(4), a person could within 30 days after its publication register a consent agreement. This would not leave a third party any time to make an application to have the consent agreement cancelled or replaced or to even examine the agreement. This would defeat the obvious purpose of the provision which was to allow third parties a chance to challenge the consent agreement.
The French version however indicates that the consent agreement can be registered only 30 days after its publication. The French version gives an appropriate effect to the provision. On May 2, 2002, the Senate committee reported back the bill with one minor amendment to subsection 106.1(4) to correct this discrepancy. The English version of subsection 106.1(4) has been corrected to that effect and now reads that the consent agreement “shall be registered 30 days after its publication”.
It is now up to members in this place to adopt this minor amendment and provide for speedy passage of Bill C-23. In so doing we will enhance the competition law enforcement in Canada to the benefit of consumers and businesses alike.