Industry committee  They must have it. After this act comes in, they have to put on an unsubscribe button.

Industry committee  We have very good cooperation. We exchange views and information. But everybody is bound by the provisions of the statute and by the extent to which the statute allows you to exchange information or not. I'm particularly concerned with the United States. For obvious reasons, it's the most important partner for us.

Industry committee  I know that the Australian legislation is largely a model for ours and has the same opt-in provisions, etc. I am not acquainted with the details of the information, but they don't have the problem we have: they don't live next door to the biggest economic power in the world with essentially an invisible border.

Industry committee  I think it's very important because, as you mentioned, we are living in the age of digital revolution. Our economy is more driven by information--getting information, timely information, using it, and employing it is necessary and can give you great competitive advantages. If the system, however, gets corrupted by spam or phishing or people installing software on your computer so that it becomes unreliable, it can have a major negative impact.

Industry committee  Indeed, overlap. Most of the time, this is not the case. I believe that there are very few instances where the competition commissioner or the privacy commissioner will get involved in violations. We get involved in the vast majority of such cases.

Industry committee  No, this does not exist, and I do not believe that it will be necessary. Each of us has a specific task, which is quite different from the tasks of the other two. Should there be a divergence or an overlap...

Industry committee  Not a conflict, but something that concerns both of us. We can share, however, in the majority...

Industry committee  First of all, it's “up to” $1 million or $10 million. It could be $10, $100, $1,000, or whatever is appropriate. Secondly, we, like every enforcement agency, have a compliance compendium. You start off by educating people. You warn them, you try to get them to comply, you try to educate them.

Industry committee  The act basically says it's an opt-in scheme. I may not send you an e-mail unless I have your consent, implicit or implied. That is a key provision, and it falls squarely into the realm of the competence of the CRTC. We enforce it. We decide whether or not there was consent. If there was no consent, we take remedial action.

Industry committee  First of all, the Competition Bureau, the Office of the Privacy Commissioner and the Canadian Radio-television and Telecommunications Commission are three federal agencies with confidentiality obligations. They cannot swap information unless permitted to do so by law. They are not compelled, but they may share information to facilitate things for another organization, consumers or complainants.

Industry committee  As far as this bill is concerned, we have most of the responsibility. We are responsible for prosecutions in the case of an offence. If someone is sending spam, it may contain misleading advertising and the Competition Bureau would need this. Rather than start its own enquiry, the Bureau may inform us that it has received complaints about this individual.

Industry committee  No, no--

Industry committee  It's just the sections on where you're appealing a decision of the CRTC.

Industry committee  No. Just to understand, you've said a couple of things that are not quite correct. For the administrative monetary penalties and what happens there, there's going to be an investigation by the CRTC. The staff then talks to a commissioner and asks if it is legitimate and so grave or so persistent that we should proceed by way of administrative penalty.

Industry committee  Your interpretation is correct in that one of the consequences that follows that you're.... I mean, it's unlikely that if you're a director or officer of a corporation you would act with intent to break the law, which is what you have to do here. I'm sure your employer doesn't ask you to do that.