Proceedings of the Standing Senate Committee on
Transport and Communications
Issue 23 - Minutes of Proceedings
OTTAWA, Tuesday, November 15, 2005
(66)
[English]
The Standing Senate Committee on Transport and Communications met this day, at 9:05 a.m., in room 9, Victoria Building, the Chair, the Honourable Joan Fraser, presiding.
Members of the Committee present: The Honourable Senators Chaput, Dawson, Eyton, Fraser, Johnson, Merchant, Munson, Phalen, Tkachuk and Zimmer (10).
Other Senators present: The Honourable Senators Downe, Tardif and Fox, P.C. (3).
In attendance: Jessica Richardson, Legislative Clerk, the Senate; and Terry Thomas, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, November 2, 2005, the committee began its examination of Bill C-37, An Act to amend the Telecommunications Act.
APPEARING:
The Honourable Jerry Pickard, P.C., M.P., Parliamentary Secretary to the Minister of Industry.
WITNESSES:
Industry Canada:
Michael Binder, Assistant Deputy Minister, Spectrum, Information Technologies and Telecommunications;
Len St. Aubin, Senior Director, Business and Regulatory Analysis, Telecommunications Policy Branch;
Steve Williamson, Senior Advisor, Business and Regulatory Analysis, Telecommunications Policy Branch;
Glenn Sheskay, Legal Counsel.
Canadian Radio-television and Telecommunications Commission:
Richard D. French, Vice-Chairman, Telecommunications;
Elizabeth Duncan, Regional Commissioner for the Atlantic Region;
Allan Rosenzveig, General Counsel, Telecommunications;
Gerald Lylyk, Director, Consumer Affairs.
Canadian Marketing Association:
John Gustavson, President and Chief Executive Officer;
Wally Hill, Vice-President, Public Affairs and Communications.
Canadian Federation of Independent Business:
Rob Taylor, Senior Analyst, Policy and Communications.
Eden Clean Air and Heating:
Allen Futerman, Owner.
Public Interest Advocacy Centre:
John Lawford, Legal Counsel;
Hasini Palihapitiya, Articling Student.
Primerica Financial Services (Canada) Ltd.:
Peter W. Schneider, Executive Vice-President, Primerica Financial Services Ltd.;
Hande Bilhan, Senior Vice-President, Government Affairs.
Canadian Life and Health Insurance Association Inc.:
Jean-Pierre Bernier, Vice-President and General Counsel;
Peter Goldthorpe, Director, Marketplace Regulation Issues.
Association of Fundraising Professionals:
J. Boyd McBride, Chair, Ottawa Chapter, Government Relations Committee.
Mr. Pickard made a statement and, with Messrs. St. Aubin and Binder, answered questions.
Mr. French made a statement and, with Messrs. Rosenzveig and Lylyk, answered questions.
At 10:46 a.m., the committee suspended.
At 10:55 a.m., the committee resumed.
Messrs. Gustavson, Taylor, and Futerman made statements and answered questions.
At 11:54 a.m., the committee suspended.
At 11:56 a.m., the committee resumed.
Mr. Lawford made a statement and answered questions.
Messrs. McBride, Bernier, Goldthorpe, and Schneider made statements and answered questions.
At 1:04 p.m., it was agreed that the committee adjourn to the call of the Chair.
ATTEST:
OTTAWA, Tuesday, November 15, 2005
(67)
[English]
The Standing Senate Committee on Transport and Communications met this day, in camera, at 2:14 p.m., in room 2, Victoria Building, the Chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Chaput, Eyton, Fraser, Johnson, Merchant, Phalen and Tkachuk (7).
In attendance: Terry Thomas and Joseph Jackson, Analysts, Parliamentary Information and Research Services, Library of Parliament, and David Black, Special Advisor to the Committee.
Pursuant to the Order of Reference adopted by the Senate on Tuesday, October 19, 2004, the committee continued its examination of the current state of Canadian media industries. (For complete text of Order of Reference, see proceedings of the committee, Issue No. 1, dated October 7, 2004.)
Pursuant to rule 92(2)(f), the committee considered a draft report.
At 4:15 p.m., it was agreed that the committee adjourn to the call of the Chair.
ATTEST:
OTTAWA, Tuesday, November 22, 2005
(68)
[English]
The Standing Senate Committee on Transport and Communications met this day, at 9:35 a.m., in room 505, Victoria Building, the Chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Carney, P.C., Chaput, Cordy, Dawson, Fraser, Hubley, Johnson, Merchant, Tardif and Tkachuk (10).
In attendance: Jessica Richardson, Legislative Clerk, the Senate; and Terry Thomas, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, November 2, 2005, the committee continued its examination of Bill C-37, An Act to amend the Telecommunications Act.
The committee considered its business.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-37.
It was agreed that the title stand postponed.
The Chair asked whether clause 1 shall carry.
The Honourable Senator Tardif moved that Bill C-37 be amended in clause 1, on page 2, by replacing line 28 with the following:
"before each House of Parliament on any of the''.
The question being put on the motion in amendment, it was adopted.
The committee resumed consideration of clause 1, as amended.
The Honourable Senator Tkachuk moved that Bill C-37 be amended in clause 1, on page 3, by replacing lines 5 to 9 with the following:
"business relationship,
(ii) with whom the person making the telecommunication, or the person on whose behalf the telecommunication is made, has an existing personal relationship, or
(iii) whose name has been provided to the person making the telecommunication, or the person or organization on whose behalf the telecommunication is made, by a person or organization that has an existing business or personal relationship with the person to whom the telecommunication is made,
and who has not made a do not call request in respect of the person or organization on whose behalf the telecommunication is made;''.
After debate, the motion in amendment was, with leave, amended to the following:
"business relationship,
(ii) with whom the person making the telecommunication, or the person on whose behalf the telecommunication is made, has an existing personal relationship, and
(iii) who has not made a do not call request in respect of the person or organization on whose behalf the telecommunication is made;''.
After debate, the question being put on the motion in amendment, as modified, it was negatived on the following vote:
YEAS: The Honourable Senators Johnson and
Tkachuk — 2.NAYS: The Honourable Senators Chaput, Cordy, Dawson, Fraser, Hubley, Merchant, and Tardif — 7.
ABSTENTIONS: — 0.
The committee resumed consideration of clause 1, as amended.
It was agreed that clause 1, as amended, carry.
The Chair asked whether clause 2 shall carry.
The Honourable Senator Tkachuk moved that Bill C-37 be amended, in clause 2, on page 5, by replacing lines 12 to 16 with the following:
"commits the violation is liable
(a) in the case of an individual, to an administrative monetary penalty of up to $1,500; or
(b) in the case of a corporation, to an administrative monetary penalty of up to $15,000.''.
After debate, the question being put on the motion in amendment, it was adopted.
The committee resumed consideration of clause 2, as amended.
It was agreed that clause 2, as amended, carry.
It was agreed that clause 2.1 carry.
It was agreed that clause 3 carry.
It was agreed that the title carry.
It was agreed that the Bill, as amended, carry.
At 10:25 a.m., the committee proceeded in camera, pursuant to rule 92(2)(f), to consider observations to append to the report on the Bill.
It was agreed that the Chair report the Bill to the Senate with the agreed upon observations, and that the Chair and Deputy Chair be authorized to make minor adjustments without substantially affecting the content.
At 10:34 a.m., it was agreed that the committee adjourn to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, November 23, 2005
(69)
[English]
The Standing Senate Committee on Transport and Communications met this day, in camera, at 6:15 p.m., in room 505, Victoria Building, the Chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Carney, P.C., Chaput, Eyton, Fraser, Johnson, Mercer, Munson, Phalen and Tkachuk (9).
In attendance: Terry Thomas, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Pursuant to the Order of Reference adopted by the Senate on Tuesday, October 19, 2004, the committee continued its examination of the current state of Canadian media industries. (For complete text of Order of Reference, see proceedings of the committee, Issue No. 1, dated October 7, 2004.)
Pursuant to rule 92(f), the committee considered a draft report.
At 8:25 p.m., it was agreed that the committee adjourn to the call of the Chair.
ATTEST:
Till Heyde
Clerk of the Committee