Proceedings of the Standing Senate Committee on
Banking, Trade and Commerce
Issue 41 - Evidence
OTTAWA, Wednesday, May 1, 2002
The Standing Senate Committee on Banking, Trade and Commerce, to which was referred Bill C-23, to amend the Competition Act and the Competition Tribunal Act, met this day at 4:12 p.m. to give clause-by-clause consideration to the bill.
Senator E. Leo Kolber (Chairman) in the Chair.
[English]
The Chairman: Honourable senators, we are here to continue our study of Bill C-23, to amend the Competition Act and the Competition Tribunal Act.
Is it agreed that we move to clause-by-clause study of the bill?
Hon. Senators: Agreed.
The Chairman: Is it the intention of any honourable senator to propose an amendment?
Senator Poulin: Yes, Mr. Chairman. I intend to propose a small amendment to clause 14, proposed section 106.1(4). It is a technical change.
Senator Oliver: Do you have a copy for us?
Senator Poulin: Yes, it is being circulated. It is a very small change to ensure that the English language reflects the French language. The amendment is to remove the word ``within.''
Senator Di Nino: Is this the change that the commissioner suggested be made in the omnibus bill?
Senator Poulin: Yes.
Senator Di Nino: Why are we not listening to the commissioner? I thought it made good sense.
Senator Poulin: It would have been easier if the change had been made in the other place. We feel that since the error is there, we should correct it. That is our job.
Senator Tkachuk: We have never done it before.
Senator Poulin: I have on other committees where there have been discrepancies in the language. That is why I call it a technical change.
The Chairman: Is it agreed that we proceed clause by clause and deal with the amendment when we get to clause 14?
Hon. Senators: Agreed.
The Chairman: Shall the title stand postponed?
Hon. Senators: Agreed.
The Chairman: Shall clause 1 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 2 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 3 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 4 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 5 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 6 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 7 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 8 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 9 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 10 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 11 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 11.1 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 11.2 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 11.3 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 11.4 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 11.5 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 12 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 13 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 13.1 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 14 carry?
[Translation]
Senator Poulin: Let us not proceed too fast. I would like to make a suggestion
Senator Meighen: You do not appreciate the good advice of the commissioner?
Senator Poulin: I always listen to his wise advice. I move that in the English version we delete the word ``within'' so that the wording will be an accurate reflection of the intent expressed in French.
[English]
The Chairman: Senators, you have heard the amendment. Are there any questions?
Senator Di Nino: We have been told all along that the government wants this bill as soon as possible. Minister Rock certainly suggested that he wanted the bill and he gave no indication that he was interested in amendments. The commissioner told us about this, and he gave us an out. He made the very good suggestion that the Senate pass this bill as soon as possible and suggest to the government that this clause not be proclaimed until it is corrected in an omnibus bill.
That is a very good suggestion, particularly if we want to have this legislation passed without it having to go back to the House of Commons, which will delay it unnecessarily. I would not be in favour of the amendment.
The Chairman: Will all those in favour of the amendment please indicate?
Some Hon. Senators: Agreed.
The Chairman: Will all those against please indicate?
Some Hon. Senators: No.
The Chairman: The amendment carries.
Senator Tkachuk: I want a recorded vote.
The Chairman: All right.
Mr. Denis Robert, Clerk of the Committee: Senator Kolber?
The Chairman: I am in favour.
Mr. Robert: Senator Kroft?
Senator Kroft: In favour.
Mr. Robert: Senator Fitzpatrick?
Senator Fitzpatrick: I am in favour.
Mr. Robert: Senator Poulin?
Senator Poulin: I am in favour.
Mr. Robert: Senator Setlakwe?
Senator Setlakwe: Agreed.
Mr. Robert: Senator Mahovlich?
Senator Mahovlich: Agreed.
Mr. Robert: Senator Furey?
Senator Fury: Agreed.
Mr. Robert: Senator Oliver?
Senator Oliver: Contrary.
Mr. Robert: Senator Di Nino?
Senator Di Nino: No.
Mr. Robert: Senator Kelleher?
Senator Kelleher: No.
Mr. Robert: Senator Tkachuk?
Senator Tkachuk: Opposed.
Mr. Robert: Senator Meighen?
Senator Meighen: Opposed.
The Chairman: The motion is carried, on division.
Shall the clause, as amended, carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 15 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 16 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 16.1 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 17 carry?
Some Hon. Senators: Agreed.
Senator Tkachuk: On division.
The Chairman: Carried, on division.
Shall clause 18 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 19 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 20 carry?
Hon. Senators: Agreed.
The Chairman: Shall the title carry?
Hon. Senators: Agreed.
The Chairman: Shall the bill, as amended, carry?
Hon. Senators: Agreed.
The Chairman: Shall I report the bill to the Senate?
Hon. Senators: Agreed.
The Chairman: We must now deal with the proposed observations given to us a few moments ago. Of course, we have had very little time to look at the proposed observations. We can go along with virtually all of the observations if we call them ``Minority Observations,'' which in fact they are, and remove the sentence that states ``the Senate Banking Committee concurs,'' et cetera.
Senator Oliver: Is there any of it to which the majority will agree?
The Chairman: Probably, but we will need time to study it. We received the document just 10 minutes ago.
Senator Oliver: Could you take a little more time because the observations would have more strength if the majority agreed to them. We have spent many weeks studying this, and I thought that we were unanimous on much of it. It would certainly give more strength to the committee if the observations were unanimous.
The Chairman: Let us go off the record for a few minutes to look at this.
The committee recessed.
Upon resuming.
The Chairman: The meeting is reconvened.
Simply put, we cannot agree with this document. If committee members want to vote on it, that is fine. In the alternative, we could append it to the report as minority observations and then authorize our respective assistants to change references to ``the Banking Committee believes'' to ``the minority believes.''
Senator Tkachuk: The minority of the Senate Banking Committee?
The Chairman: Yes.
Senator Tkachuk: That is what we will do.
The Chairman: Is that agreed?
Hon. Senators: Agreed.
The Chairman: It is agreed that the document will be appended to the committee report as minority observations.
The committee adjourned.