House of Commons Hansard #265 of the 44th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was afghanistan.

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The House resumed from November 23 consideration of the motion that Bill S-210, An Act to restrict young persons’ online access to sexually explicit material, be read the second time and referred to a committee.

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is always a pleasure to address the many different types of issues on the floor of the House, and today we do that through Bill S-210.

The title of the legislation, protecting young persons from exposure to pornography act, sends a fairly powerful message. There is absolutely no doubt about that. When I think about the community I represent and the experiences I have had as a parliamentarian over the years with regard to this very sensitive issue, I suggest that it goes beyond pornography. What we are really talking about is the safety of our children.

We all have serious concerns with how the Internet has evolved, with access to the Internet and with what our young people are seeing on the Internet. I believe there is an onus and responsibility on all of us in that respect, not only at the national level but also at the provincial level. Even in our school system, we all have a sense of responsibility, not to mention the parents and guardians of children. We all have a very important role in recognizing that which quite often causes harm to the minds of our children, either directly or indirectly, and the impact it has, putting a child on a specific course in life.

I do not say that lightly. When I look at the legislation and think of the intimate images on the Internet, all I need to do is look at some of the streaming services, whether it is Netflix, Crave or the many others out there. I suspect that if we were to apply what is being suggested in this legislation, it could prove to be somewhat problematic. I do not know to what degree the sponsor of the bill has thought through the legislation itself. The title is great. The concern is serious. We are all concerned about it. However, when I think of the impact that this has on our children, I believe it is not just through pornography. Cyber-bullying is very real. We often hear of very tragic stories where a young person is bullied through the Internet.

We need a holistic approach to what we can do as legislators to protect the best interests of children. In looking at the legislation, there seems to be a mix of criminal and administrative law. On the one hand we are saying it is illegal, giving the impression that criminal law needs to deal with it, yet there is an administrative penalty being applied if someone has fallen offside. I see that as a bit of an issue that needs to be resolved.

However, the biggest issue we need to look at is why the bill is fairly narrow in its application with respect to harms to children. I used the example of cyber-bullying. It seems to me that the department has been very proactive and busy on a number of fronts, whether it is with the online news legislation or other legislation. I know departments are currently in the process of looking at legislation to bring forward in the new year that would have a more holistic approach to dealing with things that impact or harm young people. I suspect that through the departments, with the amount of consultation that has been done and continues to be done on the issue, we will see more solid legislation being provided.

In the legislation being proposed, issues arise, such as concerns dealing with the Privacy Commissioner. It is easy for us to say we want to ensure that young people watching these programs are at the age of majority. It is a difficult thing to ultimately administer. I am not aware of a country that has been successful at doing so. I am not convinced that the legislation being proposed would be successful at doing that.

In terms of the age of majority, I was citing earlier today how things can be very easily manipulated, such as by using VPN technology, which I must say I am not familiar with. Someone could be at their house and could somehow change their location to give the perception that instead of being in one community or neighbourhood, they are someplace thousands of miles away. There is also the whole idea of using identification that is not necessarily theirs. I will cite the example of teenagers being among friends when it comes time to get alcohol. False identification is often used or encouraged in certain areas by teenagers to acquire alcohol. To believe that there would not be any manipulation of the system would be wrong. Imagine a person getting information that then gets submitted as data points for a company and how harmful misinformation would be to the individual who has that identification.

To what degree has this legislation been worked on with the Privacy Commissioner? I suspect that the Privacy Commissioner might have something to say about the legislation. The difficulty that I have is in the name, Bill S-210, protecting young persons from exposure to pornography act. I believe that each and every one of us here today would understand that pornography for minors is not a good thing. It does have an impact.

I remember taking a course in sociology many years ago at university, and a test group was put to the side. One part of the test group had to watch hours and hours of pornography, and in the other group it did not occur. The groups were then brought together and the consequence was striking. The group that watched pornography was more open, to the degree that they did not think certain offences and the inappropriate treatment between sexual partners were all that bad.

This has an impact in a very real way. I understand the concern, but we should be broadening the concern to include things like cyber-bullying. We need to leave it to the department to bring forward more comprehensive and substantive legislation that would take out some of the conflicts and deal with issues from the Privacy Commissioner. It would ultimately be better for all of us.

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:10 a.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

Madam Speaker, I am very pleased to be here this morning to discuss a very important subject.

The law that limits young people's online access to sexually explicit material, more commonly known as pornography, is something we should be concerned about.

When we look at certain aspects of the bill, we see that things changed with the advent of information technology. Things are not like they used to be. It is no longer the same. We must have a slightly different concern for that reason.

We want—

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:10 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I know this subject matter is very important and very passionate. However, I would remind members that if they want to have side conversations, they should take them outside.

The hon. member for Trois-Rivières.

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:10 a.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

Madam Speaker, Bill S‑210 would create an offence for organizations that make such content accessible. Obviously, we are motivated by the desire to better regulate sexually explicit material. Basically, what we want to do here is protect young people from a certain type of danger. When we seek to protect, we want to act proactively to prevent a certain event from happening, and the danger is being at the mercy of someone or something. We need to be very careful.

It is much easier then it used to be to gain access to pornography. I remember, when I was young, that people really had to be quite clever to find anything at all, and then it had to be hidden under the bed. I am not talking about myself, obviously, I am referring to others. Today, it is easy to get the material online. The web means everywhere and forever. It is very difficult to regulate online content.

In philosophy, it is said that in order to exist, an event must have two characteristics, space and time. Something takes place at a given time. We are used to thinking this way. Where and when? But the Internet is everywhere and forever. This makes it hard to control certain types of content or the businesses that provide it. Without space and time, nothing would exist. I used to ask the following question in discussions: What would happen to a bird in flight if there were neither space nor time? Most people answered that the bird would fall, but it would not, because there would be no time. These are basic building blocks of where we are.

When we talk about young people, we are talking about individuals who have not yet necessarily had an opportunity to develop judgment. They are very susceptible to various influences. They can easily form a false idea of the nature of sexuality, love and relationships, a distorted idea that could significantly shape their behaviour. This is a danger. As parliamentarians, no one here can be against preventing such a danger.

At the age when the concepts of love, sexuality, relationships and dating are still fluid, we have to be able to act preventively. There is a Creole saying I really like. It says, “the sun sleeps, but danger never does”.

That is why we must act. I will reiterate that all action is time sensitive. If we must act, we must do so now. Of course, as we send the bill on to the next step, there will be discussions about what form it might take, but we must never lose sight of its intent. The intent must remain, because it reflects the values underlying it. Values are elements that embody a certain vision of goodness, justice and injustice. They are values like respect. We all demand respect, but sometimes we do not bother to learn what it is. Respect is a second look we take at something or someone so as not to offend needlessly. There is then something here we have to think about now.

This said, I have a bit of a problem with the idea of “now”, because, if it is urgent, we have to act. Last Friday, we lost a parliamentary day to useless procedural tactics that delayed the hearing and potentially the implementation of such a bill. We were confronted with a shameful partisan stunt that twisted procedure for purposes other than those intended. This is called manipulation. Manipulation is to use something for other purposes, for one's own ends.

While we were voting, the people who forced the vote were forgetting that there was a danger. There was a danger, yet I am told that the party that forced the vote was okay with the danger.

In the bill, although it is not referred to explicitly, we can read between the lines and understand that self-regulation will not be an option. Of course, as far as the Internet is concerned, self-regulation is a fiction. In general, online companies, especially the ones that distribute pornography, are not at all trustworthy, and trust is a condition for self-regulation. Trust is the ability to rely on others without having to control everything. Self-regulation is therefore neither credible nor acceptable.

In conclusion, I will ask my colleagues to stop wasting time, something we are seeing a lot of, and bear in mind that every hour of time lost is an opportunity for something to go wrong. As I said, there is danger, there is a threat, there are young people involved whose minds are not yet fully formed. We have to act now.

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:20 a.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, the Internet is an amazing tool. It is fast, powerful, readily accessible to all and inexpensive. Economically, socially and culturally, it has levelled the playing field so anybody and everybody can be their own publisher, their own printer and their own marketing agent. They can even be aspiring musicians or artists without the need for an intermediary like a publishing company, a printing house, a record label or an agent. The Internet is the great democratizing tool of our generation, not unlike the Gutenberg printing press was 500 years ago in Europe, which changed the face of Europe, broke apart medieval culture and presented the Europe we recognize today.

Just like the printing press was used for good like printing the Bible in mass quantities in many languages, it was also used for evil like spreading lies about people and defaming their reputations. In that way, the Internet too is used for good. I have given some examples of that already, but it is also used for ill like spreading lies about people and defaming their reputation, so maybe things have not really changed all that much. Indeed human nature has not changed, but our tools have become more powerful so the ill we can do with our tools is just so much more pervasive.

One of these evils I am talking about is the danger of pornography and how the Internet has made it readily available to the whole world. Today we are thinking about children who also have access to pornography on the Internet.

Today we are talking about Bill S-210, an act that would restrict young persons’ online access to sexually explicit material. This is a private member's bill that originated at the other place by Senator Julie Miville-Dechêne. In this House, in a rare show of non-partisanship, it has seconders from members of all parties in the House. At least I think that is correct. I know it has strong support in my caucus.

I want to thank the senator for sponsoring this important initiative, and I congratulate her on her determination and for bringing it to this point despite numerous delays and resistance from vested interests.

What would Bill S-210 do?

The summary of the bill reads as follows:

This enactment makes it an offence for organizations to make sexually explicit material available to young persons on the Internet.

Why is that necessary? What is the problem trying to be resolved here? I did my own research, on the Internet, free of charge, and found an article published by Psychology Today, which is a recognized and respected publication. This is what the article had to say about pornography and children:

A far cry from looking at a sensual magazine centerfold, today’s adolescents are viewing online pornographic videos with motions and sounds, depicting every potential sexual act that can be imagined. The internet, which has been called the “Triple-A Engine” due to its affordability, accessibility, and anonymity...has dramatically changed the pornography industry; yet its effects on adolescents’ development is still unfolding.

Senator Miville-Dechêne did a lot of research on this topic, as evidenced by her very thoughtful speech in the Senate a few years ago. It has been a long and winding road for her to get it to this point. On an earlier version of this bill, she gave a very compelling case that, first, we have a significant societal problem and, second, the government has a significant role to play. We can accept her research and her conclusions that we have a problem and there is something we can do about it.

The following is from her very thoughtful speech, which I found very compelling.

She stated:

Scientific research is making more and more worrisome connections between the consumption of pornography and the health or behaviour of young people. When adolescents frequently view pornography, it can lead to compulsive consumption, create unrealistic expectations..., generate fear and anxiety, damage their self-esteem...[and] cause symptoms of depression and impair social functioning.

I accept the evidence that we have a problem. What is the role for the government? What would Bill S-210 do? It is always helpful to first look at a bill would not do, just to narrow the parameters.

It would not do these things: It would not make pornography illegal, at least not more illegal than it already is, because we do have some rules around that. It would not affect people 18 and over, because the target audience here is our children. Finally, it would not prevent people from sharing pornography privately online, because the focus of this legislation is organizations, companies, enterprises and firms that are in the business of hosting porn platforms.

What would it do? Bill S-210 would create a new offence, that of making sexually explicit material available to a young person on the Internet. That is the new crime. It would be punishable with a $250,000 fine for a first offence and $500,000 fines for subsequent events. This is serious business.

There is a due diligence defence for porn platforms. If an organization is under investigation, it has a good defence if it can demonstrate that it implemented a prescribed age verification method to limit access by children.

The preamble to the bill says, “online age-verification technology is increasingly sophisticated and can now effectively ascertain the age of users without breaching their privacy rights”. I think it is a good quote:

There is probably some argument about that, and I am interested to learn more about it. What is at the heart of the bill is that we tell the porn platforms to do their best to verify a person's age using age verification tools prescribed and approved by the government before one grants them access. If one does that, one is within the law.

What are those prescribed tools, and who would administer the program? Would it be the CRTC, the RCMP or a new bureaucracy?

The answer is that we are going to have to wait and see, stay tuned. All that needs to be worked out.

This is a private member's bill, so the bill cannot include any new expenditures. A way to get around that is to allow the government to set up the regulatory framework, the regulatory scheme that is going to implement the framework set up by this bill. There would be a one-year coming-into-force delay to give the government time to do that, to figure out the next steps.

For now, the bill is not perfect, but it is a good first step in the right direction; as we often hear from the government's side of the House, much more work still needs to be done. I agree with that.

The process for getting the bill here has been a long and winding road. It has faced resistance from many corners, including from those who say it infringes on our constitutional rights to freedom of expression, freedom of the press and freedom of other forms of media and communication.

Others mention the age verification technology and methodology through face recognition technology, because that would probably be what we are talking about. We do not know for sure, because the regulations have not been drafted. Privacy experts say that this infringes on our privacy rights under federal and provincial legislation.

They may be right. This is a real concern. I am looking forward to hearing from our constitutional law, privacy and technology experts at committee to have them help us steer around these challenges. Then, we can implement a law that is lawful and effective in keeping our children safe.

I will be voting yes to this bill at second reading, so we can start that very important work.

I want to end on a personal note. I am concerned about my grandchildren. I think about the dangers of the Internet, and I am not thinking only about porn but also other matters that the member for Winnipeg North raised as well: misinformation, disinformation, cyber-bullying and hatred, which is so easily spread around the world. We must all learn to discern such things, which is what we taught our kids and what they are teaching their children.

Bill S-210 is just another tool to get us there. I compare this to other laws that we have in place for keeping people safe. A good example is that we have laws against speeding in playground zones; yet, we tell our children to look both ways before they cross the street. We have laws against assault, but we tell our children not to walk down dark alleyways at night alone. This is just common sense. The law can only do so much.

This bill is a good framework for moving forward. It is the least we can do. We are on the home stretch. Let us bring it home.

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:30 a.m.

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, the Bloc Québécois believes that Bill S-210 is an important bill that reflects our role here in the House rather well. Sometimes we go through disgraceful sittings where we have vote after vote on things that we know will not advance our constituents' interests or values. It often disappoints me for various reasons when people play partisan politics. What goes on in the House is not always inspiring.

However, this morning we are presented with something that is inspiring. We have a chance to fix a problem. It is always a pleasure to hear this kind of proposal, and I would be happy to help advance this bill.

Shockingly, there is currently no mechanism whatsoever in Quebec or in Canada to prevent a young person from accessing pornographic content on the Internet. From infancy to adulthood, our young people grow up in a system or an environment where they have access to all sorts of images and videos that probably none of us wants them to be able to access. We must fix that. That is our duty. We must make sure that the children who will make up tomorrow's society grow up in an environment that is conducive to a decent education and to good mental and physical health. Bill S-210 will contribute to that, so I am proud to be a part of this process.

What will Bill S-210 do? Essentially, it will do three things. First of all, it will create a method for verifying the age of the individuals visiting these sites. I admit that this is quite a challenge. I am not a geek or Internet expert, so I have a little trouble imagining how it will get done, but I have faith in the people who know a lot more about these things than me. I look forward to seeing how this age verification method is going to be implemented. Once again, it is a big challenge, but it is a big challenge for our society, and I agree wholeheartedly that we should move forward with it. Work will be done in committee. I suspect that we will probably hear a little, maybe even a lot, about existing or potential methods of verifying age. The matter deserves serious attention to ensure that we come up with a good, reliable method.

The bill requires the method to meet five criteria.

First of all, it must be “reliable”. I think that goes without saying.

Second, it must maintain “user privacy”. We live in a society where every individual is entitled to privacy, and we wish to preserve that right. As a result, the mechanism will have to be sufficiently intrusive to work, while also maintaining the individual's privacy.

Third, it must collect and use personal information “solely for age-verification purposes”. We do not want the method to be used for purposes other than enforcing the law, which I think is a legitimate and prudent concern.

Fourth, speaking of prudence, we need to make sure that “any personal information collected for age-verification purposes” is destroyed once the verification is completed. We do not want personal information to stay on the web. The information must therefore be destroyed once the verification is completed.

Fifth, the method must generally comply “with best practices in the fields of age verification and privacy protection”. That is obviously a positive thing. We cannot stand against something as obviously positive as compliance with best practices.

The age verification method will have to respect all those criteria. I am eager to hear more about it in committee, and I suspect the discussions will be very interesting. I hope that we will be able to pass the bill quickly and that it will take effect before our young people are further contaminated.

I said that there were three things the bill would do. First, it will create the method, and second, it will designate an enforcement authority. That is also important. We do not want to entrust the responsibility to the owners of the pornographic sites or other sites to which we wish to control access. I think it is prudent to have an independent authority that has the necessary skills, experience and objectivity to enforce the law.

Lastly, the bill provides for an annual report to confirm the number of applications made, the number of verifications done, and the final outcome. This will allow us to see how the system is working over time, year by year. Will it need minor adjustments? If so, we will make them. If not, we will have implemented a useful and effective system that respects the values and interests of all Quebeckers and Canadians.

For all of these reasons, we will gladly support this bill. As I said earlier, I believe we were elected to introduce these types of bills. I will be happy to work with my Liberal, Conservative, NDP and Green Party colleagues to ensure that the bill satisfies everyone and is true to its underlying principles.

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:35 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Resuming debate, the hon. member for Elgin—Middlesex—London has the floor for her right of reply.

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:35 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Madam Speaker, as I was listening to this debate, I found myself getting a little hot under the collar. I think that is because we are seeing violence against women becoming rampant in this country. Municipalities are declaring an epidemic. People at the provincial and federal levels are talking about the need for shelters, the need for police officers to be trained and all these things.

Why is this important for today's debate? In my initial speech a few weeks ago, I stated, “I am talking about children and the fact is that what children would see is 87% of these acts are ones of violence against women.” That is why I am bringing this up.

Yes, we can talk about all the different elephants in this room, because this chamber is a zoo full of jungle animals. However, we can deal with more than one at a time. What I am saying is this: If we have 10 elephants in the room, we can take one bite out of one elephant, which is the violence against women elephant. There is something we can do; yes, I am speaking to members. We can take a small bite out of an enormous elephant here, and one thing we are asking for is that children under the age of 18 do not have access to pornography.

We can talk about all the horrific things that are going on in this world. I can tell members, when we talk about abusive language, that as politicians and women, we receive it every day. I do not think there is one member of Parliament in this place who has not received something that is absolutely horrifying and probably as a daily piece. If we want to hear from the Privacy Commissioner or from people who may be against this bill, then we should invite them to committee so it can hear that, not because Liberal members suggest their government is going to come up with legislation. I have watched the government come up with legislation that has sat there, stalled and done nothing. At the end of the day, 79% of women are facing violence. We know that one in two women are now experiencing domestic violence issues; it used to be one in three, under eight years ago. If we want to make a change, we need to do that, not suggest that the government will do something in the future. The Liberals have to get off that.

One woman is killed every two days. In Ontario alone, 62 women have been killed this year. If we allow those stats to continue, then members should just say that they are too partisan to vote for my bill, because that is exactly what I am seeing in this place. It is shameful.

This is about women. This is about ensuring that our children know how to play safely in the sandbox and understand what consent is. The things we know that children see when they are watching pornography blanks them and paralyzes their common sense. This bill is about common sense. It is about ensuring that our women are safe and that our children are not shown pornography at an early age. I do not care what they do when they are 18, but we should be protecting our children who are under the age of 18, women and vulnerable people. I do not see any support from the government, and I am devastated that it cannot see through that.

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:40 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The question is on the motion.

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:40 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Madam Speaker, may I please have a recorded division?

Protecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:40 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, December 13, 2023, at the expiry of the time provided for Oral Questions.

Sitting SuspendedProtecting Young Persons from Exposure to Pornography ActPrivate Members' Business

11:40 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

It being 11:42 a.m., the House will suspend until noon.

(The sitting of the House was suspended at 11:42 a.m.)

(The House resumed at 12 p.m.)

Affordable Housing and Groceries ActGovernment Orders

Noon

Liberal

Lawrence MacAulay Liberal Cardigan, PE

moved that Bill C-56, An Act to amend the Excise Tax Act and the Competition Act, be read the third time and passed.

Affordable Housing and Groceries ActGovernment Orders

Noon

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Madam Speaker, I appreciate the opportunity to present updates to Bill C-56, as they are timely and are required to better tackle the increasing cost of living by strengthening Canada's competition law. Two months ago, the government introduced Bill C-56, the affordable housing and groceries act. As members may recall, it was presented as a down payment of sorts on broader reform efforts with respect to Canada's competition law, with more comprehensive amendments to follow pursuant to the fall economic statement.

There has already been considerable debate in the chamber on this important piece of legislation, so let us talk about market studies, which are a key part of the legislation. Bill C-56 would provide the Competition Bureau with much-needed market study powers. It is important to ensure that the bureau would retain its independence while it does this. This is why we have supported an update that expressly confirms that the commissioner would be able to initiate a market study. This would remove any possible ambiguity over the market study process and would ensure that the bureau retains its discretion as an independent law enforcement agency. The update would ensure that the bureau would be able to look into specific market issues that it identifies as warranting scrutiny. The modification reflects the existing inquiry structure under the act, where it is already the case that either the commissioner or the minister may initiate an inquiry into potential anti-competitive activity, at which point the commissioner assumes full control of the investigation.

The government's proposal has taken these concerns into account by creating a framework that would balance the need for independence, the benefit of collecting information and the safeguards required to protect businesses and public funds. This is why both the commissioner and the minister would be required to consult before any study is undertaken. Requiring consultation would ensure that Canadians would benefit from a market study that has been thoroughly considered and appropriately tailored. The proposal made by the government to update Bill C-56's market study provisions would also keep the framework aligned with international precedents, with countries such as the United States, the United Kingdom and Australia all offering various forms of oversight to ensure appropriate use of market study power. Central to this is a test of the abuse of dominance.

In order to effectively address increasing prices, we need to enhance more than just the bureau's ability to conduct market studies. It is also important that the law be able to hold today's well-resourced and sophisticated businesses to account. In particular, we need to better address large players who, many believe, abuse their market power to shut out competition, especially given the clear concerns raised throughout our consultation about protecting competition in and contestability of these markets.

There are all different kinds of competition. We could talk about the fact that the big grocery chains have been recording record profits. One would think that if companies are posting record profits, they would be in a position to lower prices in order to attract more market share, but we did not see that, which suggests that something in the free market system is not working as we would normally expect it to work. There are other forms of potential anti-competitive behaviour. The ability to get shelf space in a major grocery store is a real competition, and the grocery stores have the hammer, to use a curling term, to find out who gets the market space. More and more, in my own personal observations when I go into grocery stores, I see the in-store brands taking more and more shelf space, with the other brands effectively being crowded out.

We believe there has been an unnecessarily high burden to prove behaviours clearly damaging to the public interest. This is out of line with our international partners, by the way, including the United States, the European Union and Australia. These jurisdictions better allocate the burden of proof and allow the agencies to act more easily where harm is apparent. This can include by requiring proof of intent or effects, but not necessarily both. The government's update to Bill C-56 would allow abuse of dominance to be established on the basis of either intent or effects, following the actions of a dominant firm. This would allow for more effective enforcement of the act where there is harmful conduct by large players. It would accomplish what the act is meant to do: stop big businesses from abusing their position to the detriment of competition. The detriment of competition is a detriment to the citizens of Canada.

As I noted before, the purpose of remedial orders is to protect competition in the market, not to punish its actors. Recognizing the lower burden involved in securing a remedial order that this change would bring about, the law would limit the remedy in these cases to a prohibition order. More serious remedies, such as monetary penalties and divestiture orders, would continue to require that both anti-competitive intent and effect be proven. This two-tiered approach would help guard against chilling, aggressive competition on the merits.

The government already took an important first step to address this concern by positioning penalties to serve as more effective compliance measures against abuse of dominance. We did this through the 2022 amendments to the Competition Act that removed an ineffective and outdated cap on monetary penalties. We introduced a more principled approach that could better accommodate larger volumes of commerce. Firms engaged in anti-competitive conduct can now face a penalty set at up to three times the benefit obtained for their anti-competitive conduct, to ensure that it is not profitable to them. While this was an important update to move away from the outdated and ineffective fixed penalty system, the old fixed amounts of $10 million, or $15 million for a second order, still remain in the law. This is in the event that they are still higher than the new proportionate maximum. However, it is possible that these fallback numbers could still be too low to act as a deterrent in certain cases where abuse by a big business is significant but caught early, and thus benefit derived from it is still modest.

As everyone here knows, competition is a driving force behind innovation and efficiency in our economy. It ensures a healthy, fair and vibrant marketplace. This is what the free market system is supposed to nurture and protect. Of course, competition is instrumental in bringing down prices. The fact that we have not seen prices fall in spite of the dominant profits being recorded by big grocery and some of the producers but that we see things like shrinkflation and skimpflation creeping in, where we are paying more for a smaller or inferior product, means that something is not working. When something is not working between what the market price is and what Canadians value, then we think it is the job of government to come in and close that gap.

For Canadians, the updates to Bill C-56 would mean more choice and better affordability. When someone needs to pay their bills, the exact motivations or mechanisms behind anti-competitive conduct do not matter. The effect of paying higher prices remains the same. What does matter is that businesses can be held to account. It matters that the law can impose meaningful penalties to ensure compliance. It matters that the Competition Bureau has the information it needs to study problems in the market.

The updates to Bill C-56 have been prioritized because they are the most directly related to addressing the issues identified in the grocery retail sectors. In fact, if we look at the whole landscape, particularly the concerns about inflation, the two big players to this point, at least in the retail market, have been gas, oil and diesel, and grocery. We have seen the market handle gas and oil, because the prices have been dropping at the pumps, which is a welcome sign for most Canadians, and probably one of the main reasons inflation in Canada has dropped to well less than half of what it was about a year ago. However, the thing to remember is that the provisions in Bill C-56 now, and what is coming, would apply to all sectors of the economy. As such, they would have a broad and, we hope, positive impact.

These changes would also be just the first steps in responding to the issues that have been identified by the stakeholders and the public in our comprehensive consultation on Canada's competition law. As the government announced in its fall economic statement, it intends to introduce significant additional amendments for the consideration of Parliamentarians in the coming weeks. Perhaps in the question period to come, some of the hon. members here in the chamber can suggest some additional amendments that we should consider in the coming weeks.

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12:10 p.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

Madam Speaker, competition is at the front and centre of everyone's minds right now, especially when Canadians are paying the highest grocery bills ever in the history of this nation. Even the report that came out last week said that grocery bills in 2024 are going to go up still another $700 per family, and they are struggling now just to buy the basic necessities.

Could the member please tell the House what exactly this bill would do to lower that $700 bill per family next year?

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12:10 p.m.

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Madam Speaker, to be honest, the hon. member's question is key. The first thing we have to do is really get a firm grasp about what is causing prices to be so high. Hon. members would point to the carbon tax, but there was a report out of the University of Calgary that said, no, that was not really it.

We would point to the war between Ukraine and Russia, with Ukraine's exports of grains being greatly reduced because of the conflict, which has had a chilling effect on the availability of food around the world that then had an effect on prices. However, it is anti-competitive behaviour at a time when all of the major grocery chains are recording record profits that suggests there is something not working properly in the free market system. That, I think, is the purpose of the Competition Act amendments.

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12:10 p.m.

Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Madam Speaker, I hope my colleagues in the House are having a good start to their week.

The Bloc Québécois supports Bill C-56, which would refund the GST to builders. What bothers me, however, is that Bill C-56 extends over seven years, so that means the rebate will be spread over seven years. In 2023, it is hard to foresee what is going to happen in a month or six months.

How can we be sure that a bill like this will be effective when it is going to extend over seven years and plenty of questions remain about the criteria for housing affordability and the desired potential reduction in rent?

I would like my colleague to comment on that.

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12:10 p.m.

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Madam Speaker, the fact is that two years ago we would not have foreseen the situation we face today. The fact is that this is going to be long term. It will intentionally be a forever measure to deal with anti-competitive behaviour in whatever sector it arrives. It is necessary right now to deal with groceries. It will certainly be fundamental in dealing with some of the issues on housing, which the hon. member presented, but it is also going to have to be nimble.

Over the course of the years to come, the House will have to sit down and consider what is going on in the day, look at the Competition Act and make the changes necessary to ensure that basically everybody in the market is getting a fair shake. That means not only the producers, the grocery stores and the farmers, but also the consumers.

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12:10 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, very much related to Bill C-56 is the degree to which corporations are making record profits these days while everyone else seems to be suffering.

We recently had Galen Weston, chairman of Loblaw, appear before the Standing Committee on Agriculture and Agri-Food. His profits continue to rise while everyone else, all Canadian families, especially in my riding, are having to struggle and make do without. We see the same thing in the oil and gas sector. Over the last three years, its profits have gone up by over 1,000%. Mr. Weston thought that his executive compensation, which is 431 times the average salary of one of his workers, is a reasonable amount, and he could not tell the committee how many of his full-time workers have had to access a food bank to get by.

Conservatives do not want to talk about gross corporate profits these days, but I would like to hear from my hon. colleague what the Liberals are going to do to tackle this corporate culture in which corporations are continuing to make profits while everyone else suffers. We have had 40 years of too much corporate deference in this country. What are they going to do to start turning that around to make sure that the pendulum swings back in favour of Canadian families?

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12:15 p.m.

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Madam Speaker, it is like an onion. There are layers upon layers of things that need to be considered. I would direct him and anybody witnessing this to the Roosevelt Institute in the United States, which is looking at a fundamental rebalancing of the wealth that comes out of the market. That rebalancing will be away from the CEOs, the boards and the executives and more towards the workers. We have seen this in the resurgence of union activity in the country, where unions are again having the opportunity and the ability to assert the rights of working people and skim maybe a little more off of the top of the executive compensation, which has really gone off the rails, I would say, in the last 20 to 30 years.

This Competition Act amendment is an iterative thing. It will be subject to amendments as we see opportunities to make things better for Canadians.

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12:15 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, my question to the member concerns both legislative and budgetary measures. On the issue of the affordability of groceries, the government, in the last budget, came forward with a grocery rebate, which literally put cash in the pockets of somewhere in the neighbourhood of 11 million Canadians. I wonder if my colleague can provide his thoughts as to why that was an important thing to do for Canadians.

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12:15 p.m.

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Madam Speaker, that question highlights two things. First of all, the strategy generally used by the government has been to ensure that the people who need the help get it. That is the reason, for instance, that we took the Canada child benefit away from millionaires and made it income tested so the people who actually needed the help got it.

In the case of the grocery rebate, that could not have come at a better time because things such as the Competition Act and this act are all meant to relieve the pressure on people and fix things that are wrong in the market system, and the grocery rebate was something that helped to bridge people earing very low incomes over the hump while all of these elements came together for Bill C-56. I would not discount, perhaps, the need to do that again at some point in the future. I would advocate for it as an individual MP. Of course, it is up to the government to assess the situation and move forward.

Bill C-56 is meant to solve the problem for which the grocery rebate was a band-aid on a wound that needs healing.

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12:15 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, part of the legislation deals with the purpose-built rentals in an attempt to see more rentals being constructed emphasize a good strong public policy. Now we are witnessing other provinces adopting the same approach where PST is also being exempted.

I wonder if my colleague could provide his thoughts on the federal government working along with the provincial government, with the federal government playing a leadership role, and on how it really makes a difference because we are going to see thousands of new units come on stream in the coming years. Could the member provide his thoughts on that aspect of the legislation and the impact it would have?