Madam Speaker, I would like to thank my colleague for Bas-Richelieu—Nicolet—Bécancour for his excellent speech. He has reminded us that government members have remained quite silent on an issue related to the protection of personal information.
It is quite something to see that they respect a self-imposed gag order to let a bill be passed, one wonders why, when it has been condemned by just about everybody in Canada and in Quebec, because it will be detrimental to the protection of personal information. It is totally unacceptable, and I hope the people who are watching us will take good note of that.
Why do we disagree with this bill? This bill, which will support and promote electronic commerce by protecting personal information in certain circumstances, was introduced by the industry minister just last week.
It is identical to Bill C-54, which was introduced on October 1, 1998. This bill has already been debated. We were hoping for some amendments when the minister introduced it again as Bill C-6, because it had been so heavily criticized. But the minister is coming back with exactly the same bill as Bill C-54.
Why do we disagree? Because the industry minister has introduced this piece of legislation without any consultation with the provinces or anybody else. This bill is an intrusion into provincial jurisdictions. It will mean less protection for personal information in Quebec. Its implementation in Quebec will be a cause for confusion. If passed, this bill will be the worse administrative nightmare ever. Moreover, this bill is legally flawed.
This bill is not clear enough. All those who have examined it and appeared as witnesses before the standing committee have said so. And the list of those witnesses is impressive. We had members of the Canadian Bar Association, the CSA, the Canadian Life and Health Insurance Association, UQAM professors and one independent expert, Ian Lawson.
I want to quote the Canadian Bar Association. “The standard was not drafted in strong enough words to make for a set of legislative rules. It does not really help to define the right to privacy or to tell the organizations to which the legislation applies how they should be protecting the people's rights”.
The Life and Health Insurance Association stated that “other provisions of the legislation are hard to interpret, especially the ones dealing with key issues such as the application and enforcement of the act”.
Professors from l'Université du Québec à Montréal stated “If one wishes to truly protect the consumer in an area as formidable as personal information, one must adopt some strict rules and not rules written in the conditional tense that, for all useful purposes, do not obligate a company to show anything more than good faith. You cannot expect this to produce that result”.
I do not think one can be any clearer than that.
In Quebec, the right to privacy is explicitly recognized in the Quebec Charter of Human Rights and Freedoms that was proclaimed in 1975. Also, the Quebec government has passed the only act in America to protect personal information in the private sector. This act was enacted in 1994. As I said earlier, this act is considered a model throughout the world and should be used to draft the federal bill.
God knows why the government is disregarding it. It is trying to give its bill precedence over Quebec's legislation, which is considered as a model all over the world. Why is the minister ignoring Quebec's legislation is a model all over the world? Can anyone explain why?
The Minister of Industry acted unilaterally despite his promise to consult all the stakeholders before introducing his bill. He may have done some minor consulting to make things look good, but he did not take anything said into account and proceeded to introduce his bill.
As a matter of fact, on June 12, the ministers responsible for the electronic highway met in Fredericton and decided to consult each other, if necessary, on the advisability of passing legislation protecting personal information in the private sector.
On September 21, the federal Minister of Industry sent his provincial counterparts a draft bill and asked for their comments on wanted the federal government wanted to introduce.
But the minister did not wait for the comments; he introduced his bill immediately, on October 1, 1998. His provincial counterparts received the draft bill on September 21, 1998, but the minister did not wait for their comments and introduced, on October 1, 1998, his legislation which was then called Bill C-54.
The Minister of Industry is also responsible for creating a constitutional dispute that could have been avoided had he agreed to work in co-operation with his counterparts.
The provinces have jurisdiction in the area of personal information under the Constitution Act, 1867, which gives them powers with regard to property and civil law. Every expert consulted by the Bloc Quebecois recognizes that it is first and foremost a provincial jurisdiction.
However, Bill C-6 says that it will apply to organizations under federal jurisdiction in their commercial activities, to organizations that transfer personal information from one province to another or from one country to another, and to employees whose personal information is collected by an organization under federal jurisdiction.
Moreover, clause 30(1) says that federal legislation will apply to private organizations, even though they are under provincial jurisdiction, if the federal government does not recognize the existence of similar legislation at the provincial level.
If that is not interference in areas under provincial jurisdiction, I do not know what words to use to make members understand.
Bill C-6 will be a big step backwards for Quebecers with regard to the protection of personal information.
Quebec's legislation says, in section 14, that consent to the disclosure or use of personal information must be evident, free, enlightened and given for a specific purpose.
With regard to consent, Bill C-6 puts the consumer at a disadvantage by stating, in various clauses, vague principles that open the door to interpretation.
Unfortunately, I do not have enough time to give a thorough explanation of what is wrong with this bill. In closing, I would like to remind members that this bill was introduced without any consultations with the provinces, that it encroaches on provincial jurisdictions and that it represents a step backwards for Quebec with regard to the protection of personal information.
The enforcement of this legally deficient bill in Quebec will create confusion. This bill is impossible to enforce, it is vague, it causes undue difficulties for Quebec businesses and considerably weakens the right of Quebecers to the protection of personal information.