CANADA House of Commons Debates VOLUME 140 Ï NUMBER 025 Ï 1st SESSION Ï 38th PARLIAMENT OFFICIAL REPORT (HANSARD) Tuesday, November 16, 2004 (Part A) Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire´´ at the following address: http://www.parl.gc.ca 1369 HOUSE OF COMMONS Tuesday, November 16, 2004 The House met at 10 a.m. months in jail for preying on children while the damage caused to the victims often lasts a lifetime. The bill refers to the victim as a person under the age of 16. Prayers Carrie's guardian angel law carries a minimum sentence of life imprisonment in cases of sexual assault on a child that involves repeated assaults, multiple victims, repeat offences, more than one ROUTINE PROCEEDINGS offender, an element of confinement or kidnapping or an offender Ï (1000) who is in a position of trust with respect to the child. [Translation] Under the provisions of the bill an offender would be ineligible for ORDER IN COUNCIL APPOINTMENTS a parole for 20 years. Hon. Dominic LeBlanc (Parliamentary Secretary to the Leader of the Government in the House of Commons, Lib.): Mr. Speaker, I have the honour to present a number of order in It is time that those who harm our children are locked away for a council appointments made by the government. long time. *** (Motions deemed adopted, bill read the first time and printed) Ï (1005) [English] *** DEPARTMENT OF SOCIAL DEVELOPMENT ACT Ï (1010) Hon. R. John Efford (for the Minister of Social Development) moved for leave to introduce Bill C-22, an act to establish the Department of Social Development and to amend and repeal certain PETITIONS related acts. (Motions deemed adopted, bill read the first time and printed) CANADIAN FORCES HOUSING AGENCY *** Mr. Jay Hill (Prince George—Peace River, CPC): Mr. Speaker, DEPARTMENT OF HUMAN RESOURCES AND SKILLS I rise again as I have almost every day since Parliament convened DEVELOPMENT ACT this fall to present yet another petition, this one signed by citizens of Hon. R. John Efford (for the Minister of Human Resources Windsor, Ontario. The petitioners wish to draw to the attention of and Skills Development) moved for leave to introduce Bill C-23, an Parliament the fact that families living in military communities in on act to establish the Department of Human Resources and Skills base housing have access to services that address their specific Development and to amend and repeal certain related acts. needs; however, many of those living conditions are substandard and yet they see their rent rising all the time. Therefore, they call upon (Motions deemed adopted, bill read the first time and printed) Parliament to immediately suspend any future rent increases for *** accommodation provided by the Canadian Forces Housing Agency until such time as the Government of Canada makes substantive CARRIE'S GUARDIAN ANGEL LAW improvements to the living conditions of housing provided for Mr. Art Hanger (Calgary Northeast, CPC) moved for leave to military families. introduce Bill C-286, an act to amend the Criminal Code (child sexual predators). I am pleased that in a conversation yesterday the Minister of He said: Mr. Speaker, I am pleased to reintroduce this private National Defence indicated that he is in agreement with these member's bill entitled Carrie's guardian angel law. The intent of the petitioners and that he is lobbying the President of the Treasury bill is to get tough with pedophiles, many of whom serve days or Board to make the necessary changes. 1370 COMMONS DEBATES November 16, 2004 Government Orders QUESTIONS ON THE ORDER PAPER advocated by the industry committee's recommendations that have Hon. Dominic LeBlanc (Parliamentary Secretary to the come forward. It also decriminalizes the pricing provisions in Leader of the Government in the House of Commons, Lib.): I response to the committee's recommendations and long-standing ask, Mr. Speaker, that all questions be allowed to stand. requests from various business groups. The Deputy Speaker: Is that agreed? On the consumer side, for example, it ensures that Canadians will Some hon. members: Agreed. have access to remedies similar to those in other states we do business with. When they have lost money as a result of misleading representations, they have a chance to reclaim those losses. GOVERNMENT ORDERS Consumers need to have faith in the marketplace and it is to our [English] advantage to make sure that faith is there. They expect to be COMPETITION ACT reimbursed for losses resulting from false claims, and they should be. The proposal for restitution would add an important additional (Bill C-19. On the Order: Government Orders:) remedy for the courts in cases where consumers have lost money as a November 2, 2004—The Minister of Industry—Second reading and reference to result of false or misleading representations. the Standing Committee on Industry, Natural Resources, Science and Technology of Bill C-19, an act to amend the Competition Act and to make consequential amendments to other acts. The Competition Bureau regularly receives complaints from Hon. Jean Lapierre (for the Minister of Industry) moved: consumers who have lost money buying products that simply do not That Bill C-19, an act to amend the Competition Act and to make consequential work. Based on advertisers' false or misleading representations, they amendments to other acts, be referred forthwith to the Standing Committee on lose their investment. Those who engage in such practices can gain Industry, Natural Resources, Science and Technology. an unfair advantage in the market as well. That is bad for our Hon. Jerry Pickard (Parliamentary Secretary to the Minister marketplace. It is bad for our consumers. A restitution remedy is an of Industry, Lib.): Mr. Speaker, it is with great pleasure that I open appropriate tool to address this situation. the debate on Bill C-19, an act to amend the Competition Act. I am looking forward to working with all members of the House in We are proposing a general administrative monetary penalty considering this vital piece of economic legislation. regime, or AMPs, for abuse of dominance. This provision would be As mentioned in the Speech from the Throne, the government applicable to all industries and would ensure a level playing field wants to ensure that the up to date legislative framework for business among all participants, including the airline industry. is put in place, and some of the amendments in the Competition Act are deemed to move in that direction. AMPs are used in a specific way to encourage compliance with Bill C-19 would strengthen Canada's competition framework in a the law in a number of jurisdictions. In fact, our act is one of the few global economic partnership to benefit consumers, as well as in the world that does not allow a financial remedy in such cases. businesses, both large and small. These amendments would also The introduction of AMPs for cases of abuse of dominance will create a greater symmetry between our competition regime and those make our competition regime more similar to its counterparts in of our major trading partners we deal with on a daily basis. That is other jurisdictions, including our major trading partners. The good for business, which is increasingly multinational, and it is also maximum penalty would be $10 million, and $15 million for each good for our economy. subsequent order under the new provisions. Bill C-19 implements a number of key recommendations from the Ï (1015) industry committee's comprehensive report, “A Plan to Modernize Canada's Competition Regime”. The legislation before us today will In other words, we are proposing a balanced approach to improve strengthen the act by: providing restitution for consumer loss the remedies available in this particular section of the act. resulting from false or misleading advertising; introducing a general administrative monetary penalty provision for abuse of dominance in any industry; removing the airline specific provisions from the act to We are also proposing to remove the airline specific regime return it to a law of general application; increasing the level of consisting of provisions found in the Competition Act and the airline administrative monetary penalties for deceptive or misleading regulations. The airline specific provisions were introduced in 2000 marketing practices; and decriminalizing the pricing provisions. and 2002 following the merger of Canadian and Air Canada and provided the Competition Bureau with the tools regarding concerns In recent years we have taken an incremental approach to over predatory conduct by a dominant airline. changing this complex legislation. We have always been careful and measured and move forward with amendments to this bill with no exception. Bill C-19 balances the interests of businesses and The Canadian airline industry has changed significantly since that consumers in a number of ways. merger. We have seen a decline in Air Canada's dominant market share; the entry and growth of low cost carriers; the development of On the business side, for example, it moves us toward a law of competing loyalty programs; the growth of the Internet as a means of general application by removing the airline specific provisions, as distributing tickets; and the changing role of travel agents. November 16, 2004 COMMONS DEBATES 1371 Government Orders The current provisions are no longer required and should be We just have to look at the report of the committee on industry replaced with the general regime which I just described. This change from a few years ago. The committee had gone through the would have the benefit of returning the act to a law of general Competition Act and made a lot of recommendations in order to application, something recommended by the industry committee in make it complete and reflect the new reality of competition on the 2002 and by numerous competition law experts.