Mr. Speaker, I am very pleased to rise today on behalf of the constituents of Newton--North Delta to participate in the debate on Bill C-37, an act to amend the Telecommunications Act.
This bill would enable the CRTC to establish and enforce a do not call registry. Specifically Bill C-37 would amend the section of the Telecommunications Act that deals with telemarketers by adding the power to establish databases and to make any order with respect to these databases. This power may be delegated to any person, including a body created by the CRTC. The person or body exercising the delegated powers may charge fees which are deemed by the bill to not be public money. The bill also sets out financial penalties of up to $1,500 per offending call by an individual and up to $15,000 for a corporation.
This bill was first introduced in the last Parliament, but it died on the order paper.
All of us have received unwanted calls from people attempting to sell a good or a service. The telemarketer could be pitching the local newspaper, a credit card company, a cleaning service, a charity, or even a politician wanting one's vote. Sometimes we may welcome the call. It could provide useful information on a product or service we are interested in, but other times it is nothing but an annoyance.
Many members may have experienced receiving calls at very odd hours. Sometimes we receive calls when we do not want them. I have received calls at four o'clock in the morning, and when I have answered the phone I have heard a fax tone. The next time I have turned on the fax machine I have found that it was a telemarketer trying to promote some sort of service.
In my constituency office I often receive faxes promoting products or services, but members' offices are not even remotely connected with those products or services. Sometimes it is annoying and a waste of time. On the other hand sometimes it is useful information that people want.
My first job when I came to Canada was with a telemarketing company. I worked for a couple of weeks for that telemarketing company. I found out that the company was calling seniors in the U.S. to sell lottery tickets. It was a scam. The company was skimming them of money. Seniors can become addicted to buying things like lottery tickets. They probably lose more money than they would gain. I thought it was a very unethical practice and I immediately left that job because I could not do that.
A survey conducted by Decima Research, undoubtedly by telephone, found a large majority of Canadians, 75%, wants the federal government to institute a do not call list to protect them against unsolicited telephone calls from marketers. I agree with the survey. People do not want unwanted calls. I agree with the principle of the bill, but as members can imagine, like many other bills this is a poorly drafted bill with no substance, just an intent. It is very poorly managed, contains lots of hot air and things are not practical.
That survey also found that Canadians do not want to pay anything to be included on such a list. Sixty per cent of respondents said they would not want to pay for this service.
To much fanfare in 2003 the United States responded to the annoyance of unwanted telemarketing calls by establishing a national do not call list. Our government is now attempting to follow the American example, of course.
There already are do not call lists in Canada. The Canadian Marketing Association has been registering consumers on its do not call list since 1988. In addition the CRTC already requires that each telemarketing company maintain its own do not call list. Consumers can ask to be placed on that list. The only hitch is they first have to be called by the company. These lists must be maintained for three years.
The first thing we notice when reading Bill C-37 is that there is very little to the bill. Most of the details have been left to the regulations. As a result, we do not know if there will be any exclusions to the list, how much it will cost, who will operate the list and so on. These are very important details that deserve our consideration.
How can we do our job as parliamentarians if proposed legislation comes to us with so little detail? The government is asking us to give it a tabula rasa. Unfortunately, this is not without precedent.
Legislation inevitably comes to this House without the accompanying regulations. Much of the law that affects Canadians is not found in the Statutes of Canada , but in the thousands of regulations made pursuant to powers granted by the acts of Parliament.
Each year the federal government introduces about 1,200 new regulations. Since 1975 the government has made over 28,000 regulations. That is more than 122,000 pages of regulations.
The government introduces bills that lack substance, which are vague in intent, often incomplete and written just in general terms. The regulations follow the acts that we pass and those regulations sometimes contradict the intent of the legislation. Sometimes the regulations are completely off track. We in Parliament have no control once the legislation passes, but the accompanying regulations come from any angle contradicting anything or whatever it may be.
This leaves the door wide open to put through regulations that define our laws without the proper checks and balances in place. By doing so the Liberal government has effectively gutted the parliamentary process of accountability and transparency in the formulation of laws. Parliament is no longer at the centre of the law making process.
Twenty per cent of the laws that we see in the country are passed in this House. The remaining 80% come through the back door by way of regulations, which are neither debated nor subject to public scrutiny. For practical purposes the Liberal government rules, not governs, Canada.
As members of Parliament we passionately debate proposed legislation in the House of Commons. After debate we vote either yea or nay depending on the merit of the proposed law. Regulations receive virtually no debate in the House. We do not see them attached to the legislation that comes to the House or in the other place. There is no public study or input. There is even no media scrutiny. This is an affront to democracy.
The Standing Joint Committee on the Scrutiny of Regulations does only a limited scrutiny as per the limited criteria. Members of Parliament and senators on the committee, legal counsel and staff work very hard scouring through thousands of pages of dry, technical, legal subject matter. In this thankless job they are unable to review the legislation in many general terms because their mandate is restricted and limited.
As parliamentarians most of us want to put an end to the nuisance of telemarketing calls, but the bill is poorly drafted and does not deal with the substantial issues spilling over from it.
There are many problems in this country which probably should get higher priority. People can have alternatives. The government's priorities are wrong. Its modus operandi is wrong. Therefore, I cannot support this proposed legislation. I need more information in all honesty. For one thing I need to know how much this scheme is going to cost and there are many other pressing issues.
In conclusion, I agree with the principle, but to make it work, we need more information. I will not be in a position to support this legislation until it is amended.