NDP MP Charmaine Borg, the party's digital issues critic, has written to Industry Minister Christian Paradis
to express concern over the draft anti-spam regulations, noting that
they appear to circumvent the will of Parliament. The letter cites
testimony from Industry Canada officials in 2010, who told the Industry
Committee "what the legislation is trying to do is not allow a third
party to give express or implied consent on behalf of another person."
Yet despite that position, the department has now proposed a third party
referral exception. Borg notes:
After defending their decision to exclude a third party referral
exception from the bill, Industry Canada officials, two-years later,
introduced the very same exception into the regulations. Yet it was the
text of Bill C-28 - explicitly excluding a third-party referral
exception - that received multi-partisan support in the House, Industry
Committee and the Senate. It appears that in the intervening two years
since Bill C-28 received Royal Assent, Industry Canada has decided to
regulate around the will of Parliament.
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