Mr. Speaker, I rise to support the hon. minister's motion to send Bill C-20 back to the Senate with an amendment restoring the substance of the whistleblowing provision which the Senate took out of the bill at third reading.
I first proposed adding the whistleblowing provision to the bill at the committee stage on May 26, 1998. I was heartened by the support this provision received by my colleagues in the industry committee and by the House at third reading. I was disappointed to learn that the passage of Bill C-20 was delayed by the Senate because of concerns about this provision.
The purpose of the whistleblowing provision is to assist competition authorities in the investigation of price fixing agreements and conspiracies by providing protection to employees who come forward to report those crimes. These crimes undermine competition and victimize both consumers and legitimate businesses.
In my comments to the industry committee last May, I referred to a letter that was sent to the committee by the Public Interest Advocacy Centre, an organization which represents over 800 individual and group members and over 1.5 million Canadians. They support this provision by saying:
We strongly support this proposed amendment. Often the only persons who are aware of an offence are employees or others who are vulnerable to retribution by the company in question should they act in the public interest by advising the competition authorities of a violation of the law. It is essential that such persons be protected from retribution.
I repeat that often the only persons who are aware of an offence are the employees who are vulnerable to retribution and it is essential that they be protected from retribution.
In the testimony heard by the Senate committee on banking, trade and commerce there were concerns about lack of consultation on this provision and arguments that the present confidentiality provisions and common law informer protections are sufficient.
The whistleblowing provision will protect the identity of persons who come forward with information on how prices in the gasoline industry or any industry for that matter are really set. The whistleblowing provision will punish employers who take retribution action against employees who act in good faith in reporting price fixing arrangements and conspiracies.
The whistleblowing provision in this bill signals parliament's express encouragement to individuals who have knowledge of anti-competitive criminal activities to act in the public interest and to come forward with that essential information. By restoring this provision to the bill today, we reiterate that encouragement and underline the importance parliament places on the free operation of competition.
The amendment proposed by the Minister of Industry restores the substance of the whistleblowing provision approved by this elected chamber last September with changes that address concerns raised by the Canadian Bar Association before the Senate banking committee.
One of the changes clarifies that the whistleblowing protection operates only with respect to the criminal sections of the Competition Act, not with respect to those subject to civil process. The second has the effect of reducing the maximum penalty for employers convicted of dismissing or disciplining employees for reporting an offence or for refusing to participate in an offence under the Competition Act. Instead of the specific penalty provisions I have proposed, the Criminal Code penalties for contravention of a federal statute will apply.
These changes will have the effect of speeding the passage of the bill. I support them.
Finally, Bill C-20 contains many important provisions in addition to the protection for whistleblowers, most notably the provisions dealing with deceptive telemarketing.
The Canadian public has waited much too long for the passage of this bill. I urge my colleagues from all sides of the House to support this motion today without any delay.
