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.