Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-23, in Clause 77, be amended by adding after line 14 on page 45 the following:
“348.2 The calling service provider, person or group — or third party that is a corporation or group — that is responsible for the calls made under section 348.16, 348.17, 348.18 or 348.19, as the case may be, shall
(a) file with the Canadian Radio-television and Telecommunications Commission a list of all the telephone numbers that were called under the relevant section; and
(b) keep the list for five years after the end of the election period.
348.21 Despite sections 348.16, 348.17, 348.18 and 348.19, the calling service provider, person or group — or third party that is a corporation or group — that is responsible for the calls made under those sections, as the case may be, shall keep the scripts and recordings for such longer period as may be indicated in any preservation demand made by the Commissioner in accordance with section 348.22.
348.22 (1) The Commissioner may make a demand to an entity referred to in section 348.21 requiring them to preserve scripts and recordings that are in their possession or control when the demand is made.
(2) The Commissioner may make the demand only if he or she has reasonable grounds to suspect that
(a) an offence has been or will be committed under this or any other Act of Parliament; and
(b) the scripts or recordings are in the entity’s possession or control and will assist in the investigation of the offence.
(3) A demand may not be made to an entity that is under investigation for the offence referred to in paragraph (2)(a).
(4) The Commissioner may revoke the demand by notice given to the entity at any time. Unless it is revoked earlier, the demand expires 90 days after the day on which it is made.
(5) The Commissioner may impose any conditions in the demand that he or she considers appropriate — including conditions prohibiting the disclosure of its existence or some or all of its contents — and may revoke a condition at any time by notice given to the entity.
(6) The Commissioner may not make another demand requiring the same entity to preserve the same scripts and recordings in connection with the investigation.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.