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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 124
Wednesday, May 22, 2024, 5:12 p.m. to 7:03 p.m.
Webcast
Presiding
Joël Lightbound, Chair (Liberal)

House of Commons
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Dana Fan, Analyst
• Sarah Lemelin-Bellerose, Analyst
Department of Industry
• Runa Angus, Senior Director, Strategy and Innovation Policy Sector
• Samir Chhabra, Director General, Strategy and Innovation Policy Sector
Pursuant to the order of reference of Monday, April 24, 2023, the committee resumed consideration of Bill C-27, An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts.

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 2 of the Bill.

The committee resumed consideration of the amendment of Brad Vis, — That Bill C-27, in Clause 2, be amended by adding after line 33 on page 5 the following:

sensitive, in relation to information, includes any information pertaining to an individual that reveals

(a) their racial or ethnic origin;

(b) their political opinions, religious or philosophical beliefs, trade union or political membership, or political contribution history;

(c) their sexual orientation or sexual habits;

(d) genetic data or biometric data that can uniquely identify them;

(e) their health condition, including any treatment or prescription on their medical record;

(f) government identifiers, such as their social security, passport or driver's license numbers;

(g) the content of their electronic devices, including messages, images, address books, calendars and call history;

(h) their passwords; or

(i) financial data. (de nature sensible)”

The committee resumed consideration of the subamendment of Jean-Denis Garon, — That the amendment be amended

(a) by replacing the words “pertaining to an individual that reveals” with the words “about an individual, for which, the individual generally has a high expectation of privacy, which includes but is not limited to:”

(b) by deleting subparagraph (g).

After debate, the question was put on the subamendment of Jean-Denis Garon and it was agreed to.

Rick Perkins moved, — That the amendment, as amended, be amended

(a) by replacing the words “which includes” with the words “which may include”

(b) by replacing the word “security” with the word “insurance” in subparagraph (f)

(c) by deleting the word “or” in subparagraph (g)

(d) by replacing the words “(de nature sensible)” with the word “; or”

(e) by adding after subparagraph (h) the following: “(i) geolocation data, revealing an individual’s location (de nature sensible)”.

After debate, the question was put on the subamendment of Rick Perkins and it was agreed to.

The question was put on the amendment of Brad Vis, as amended, and it was agreed to on the following recorded division:

YEAS: Shaun Chen, Iqwinder Gaheer, Jean-Denis Garon, Bernard Généreux, Brian Masse, Rick Perkins, Francesco Sorbara, Ryan Turnbull, Tony Van Bynen, Brad Vis, Ryan Williams — 11;

NAYS: — 0.

Rick Perkins moved, — That Bill C-27, in Clause 2, be amended by adding after line 38 on page 5 the following:

significant impact means an impact that meets the prescribed criteria. (incidence importante)”

The question was put on the amendment of Rick Perkins and it was agreed to on the following recorded division:

YEAS: Shaun Chen, Iqwinder Gaheer, Jean-Denis Garon, Bernard Généreux, Brian Masse, Rick Perkins, Francesco Sorbara, Ryan Turnbull, Tony Van Bynen, Brad Vis, Ryan Williams — 11;

NAYS: — 0.

Ryan Williams moved, — That Bill C-27, in Clause 2, be amended

(a) by deleting lines 39 to 42 on page 5.

(b) by adding after line 25 on page 44 the following:

“(c.1) subject to sections 94 and 95, pay a penalty; or”

(c) by replacing lines 11 and 12 on page 45 with the following:

“Commissioner must decide whether to impose a penalty on the organization:”

(d) by replacing lines 7 and 8 on page 46 with the following:

“(3) The Commissioner must not impose a penalty on an organization if the Commis‐”

(e) by replacing lines 14 to 37 on page 46 with the following:

“95 (1) The Commissioner may, by order, impose a penalty on an organization if

(a) the organization is given the opportunity to make representations; and

(b) the Commissioner determines that imposing the penalty is appropriate.”

(f) by replacing line 14 on page 47 with the following:

“amount of a penalty, the Commissioner must take the follow‐”

(g) by replacing line 14 on page 49 with the following:

“and subsection 99(1), other than the power to make an order under 95(1).”

(h) by replacing line 20 on page 49 to line 34 on page 50 with the following:

“Judicial Review

101 (1) If an application is made for judicial review of a decision of the Commissioner under this Act, or of any person to whom the Commissioner has delegated any of their powers, duties or functions, the Commissioner is the respondent in respect of the application.

(2) The costs of the Commissioner are in the discretion of the court but the Commissioner may not be ordered to pay the costs of any party.”

(i) by deleting lines 1 to 15 on page 51.

(j) by replacing lines 23 to 29 on page 51 with the following:

“after the day on which the individual becomes aware of the conviction.

(4) The action may be”

(k) by deleting lines 17 and 18 on page 55.

(l) by replacing line 22 on page 55 with the following:

“this Act.”

(m) by deleting lines 25 and 26 on page 56.

Debate arose thereon.

At 6:45 p.m., pursuant to Standing Order 115(5), it was agreed that the committee continue to sit.

At 7:03 p.m., the committee adjourned to the call of the Chair.



Miriam Burke
Clerk of the committee