Mr. Speaker, I am pleased to rise today on behalf of the constituents of Fleetwood--Port Kells to participate in the second reading debate on Bill C-37, an act to amend the Telecommunications Act.
The bill would enable the CRTC, the Canadian Radio-television and Telecommunications Commission, to establish and enforce a national do not call registry similar to ones already existing in the United States and Great Britain. Bill C-37 would also give the CRTC the power to levy substantial penalties against telemarketers and to contract with a private sector third party to operate the service.
I want to support the concept, but the bill does not get it right. The bill, consisting of a measly five pages, is extremely light on details. It tells us nothing about possible exceptions to the list, how the list would be maintained, how telemarketers would check the list, how often they must check the list, who would have access to the list or any reporting on how the list would be run. All these crucial details are left out of the regulations.
The telemarketing industry employs more than 270,000 Canadians and $16 billion worth of goods and services are sold over the telephone in Canada annually.
The industry is important to the livelihood of many of my constituents. Last year, U.S. financial giant JPMorgan Chase & Co. became the latest company to set up a call centre in Surrey when it opened a customer service centre employing over 800 in Surrey City Centre. Call centres have added substantially to Lower Mainland employment levels in the last few years.
In addition to JPMorgan, RMH Teleservices Inc. now employs 1,800 workers in North Surrey, with plans to add staff this year. In August 2003 eBay announced plans for an expansion of its Burnaby call centre from 200 to 1,000 jobs within two years.
There are currently an estimated 14,000 call centre jobs in total in greater Vancouver. The centres hire numerous entry level workers. In addition to the mostly front-line clerical staff who earn from $9 to $13 per hour, they also hire supervisory, management, sales and information systems staff.
It is unclear what impact a national do not call registry would have on the Canadian telemarketing industry. The impact will depend in part on any exemptions that may be given.
In the U.S., industry officials expect more than one-third of workers will lose their jobs within the next two years under that country's do not call rules.
Already Canadian regulations require individual telemarketers to keep a do not call list and respect requests for three years. However, most people have not been aware of this fact and they just hang up when they hear a telemarketer on the line. If they remain on the line, the telemarketer will ask whether the consumer wants to be excluded from all lists maintained by the telemarketing agency, not just from a list used for a particular client. This was started last fall.
The Canadian Marketing Association, which 800 corporate members include Canada's major financial institutions, insurance companies, and charitable organizations and which has been a vocal supporter of a national do not call list, has operated its own mandatory do not call service for its membership since 1988. The list also restricts the number of marketing offers received by mail and fax and now includes more than 450,000 phone numbers. The list has little legal bite, even less publicity, and is currently only adhered to by 80% of telemarketers who are association members.
The American do not call list came into force on October 1, 2003. Millions of Americans have signed up since then and the registry now includes more than 62 million registered telephone numbers. Any telemarketing company that calls one of these numbers can be fined as much as $11,000 per call.
However, the American legislation exempts some of the biggest users of telemarketing, for example, long distance phone companies, airlines, banks and credit unions, insurance companies, charities, pollsters, political organizations. Also, the do not call list can be ignored if the company already has an existing business relationship with its client. With all those exemptions, I am not quite sure whom Americans will be avoiding by signing up for the registry.
The CMA, along with the Canadian Bankers Association, argues that the current regulatory regime put in place by the CRTC is costly, ineffective and too broad. They want the regime scrapped and replaced with a U.S.-style do not call service. Besides requiring do not call lists, the CRTC also now requires callers to first identify themselves and the entity they represent and to offer a toll-free information line to be staffed during business hours, all before the sales pitch begins.
The CMA and the Canadian Bankers Association feel these regulations should not apply to a company's existing customers. CMA president John Gustavson suggests that these regulations would be bad for industry and would help make customer frustration fester.
Bill C-37 would do little more than allow the CRTC to establish databases, make orders regarding databases, delegate those powers and enforce those powers with financial penalties. The legal text on the penalties is far more extensive than the text on the databases that may be created.
The details on the operation of the do not call list are left entirely to the discretion of the CRTC. I consider this an affront to Parliament. As members of this chamber, we should be debating more than the mere idea of a bill. We should be considering the details of the proposed legislation as well.
We may agree with the idea of a do not call registry, but before we can support this bill we also need to know, for example, how or if the law would apply to charities and pollsters, how or if the law would apply to candidates who attempt to contact voters during an election campaign, whether the law would apply only to live sales pitches or to recorded messages and faxes, and what charges are to be paid by telemarketers to access the database.
The whole question of money is of particular concern. The government claims the registry would be self-financing, but it provides no further details. We must be mindful that the do not call registry does not become another gun registry in terms of both cost and management. My constituents are fed up with telemarketers calling them but do not want another $2 billion fiasco either.
As a consumer, I do not like receiving these calls from telemarketers. A do not call registry offers consumers a tool with which they can protect their homes against intrusions which are particularly invasive. Simply put, it gives consumers an option.
As parliamentarians, we must safeguard personal privacy and reduce the danger of telemarketing abuse. However, this must be done with clear legislation that spells out exactly how a do not call service would work, including any exemptions and how much it would cost taxpayers.
Bill C-37 is short on details. Almost everything is being left to the regulations. It would be irresponsible for me as a member of Parliament to allow this bill to pass in its current form. I will therefore be opposing this bill unless it is significantly amended to provide the full details of the proposed list.