Government Operations Committee on Nov. 29th, 2023

[The Chair, Conservative, Kelly McCauley]

Sorry, we have a point of order.

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

The contract has a provision in it, as the member well knows, because I know he listened very intently to my comments on this. It has a provision that allows the commercial company to redact the commercially sensitive things. You would know this if you paid attention to my speech the way we were paying attention to your riveting speech. You're not relevant.

[The Chair, Conservative, Kelly McCauley]

Mr. Perkins, I'm sure you'll get a chance the next time you're up.

Mr. Kusmierczyk, please speak to the amendment.

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

Absolutely. Let me tell you why talking about intellectual property is relevant.

Let me read a quote from Gowling entitled “Lithium-Ion Batteries in Canada: IP Considerations”. It is an article that was written not too long ago, on July 27, 2023. The subtitle is “Main challenges for Canadian companies from an IP perspective”. Let me highlight some important elements.

On “Protecting trade secrets”, it states:

The battery industry relies on closely guarded trade secrets, such as proprietary manufacturing processes and sensitive data. Ensuring strict confidentiality measures internally and during collaborations is critical to safeguarding valuable intellectual property. Protecting trade secrets can be challenging in international markets, as the level of legal protection and enforcement may vary between countries. Companies operating globally must be aware of the legal landscape in each jurisdiction and take appropriate measures to safeguard their confidential information.

If a company enters into a confidential contract with a partner, I assume that they don't want that contract to be made public, and there's information there that is important and must be guarded. “The battery industry relies on closely guarded trade secrets”. “Ensuring strict confidentiality measures internally and during collaborations is critical”.

We had a big issue in NCAA football during the last couple of weeks, where the University of Michigan Wolverines were accused of stealing signs at a football game. The coach of the team was suspended because they were accused of stealing signs, and that's a football game. That is how seriously they take sign stealing.

How seriously do you think a company takes contractual information, proprietary information, intellectual property and strategic information?

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

Read a contract.

[The Chair, Conservative, Kelly McCauley]

Mr. Perkins, let him speak.

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

I read to you that companies pay very close attention to how secret and confidential information is guarded in a jurisdiction. Do you think that a company—

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

I have a point of order about repetition. He keeps circling the block on the same issue about some mythical intellectual property, which never makes it—

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

Mythical intellectual property, my word.

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

—into a contract about how much government subsidization is going to happen on a battery.

I would ask that the repetition rule be enforced since he doesn't seem to come up with any new arguments. He's said this one for the last 15 minutes, starting from his dad's property rights.

[The Chair, Conservative, Kelly McCauley]

Okay, I get the gist, Mr. Perkins.

Mr. Kusmierczyk, please continue on the amendment.

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

Yes, on the amendment dealing with contracts, confidentiality and the importance of being responsible with information. That's exactly what we're talking about here.

If Canada wants to be seen as a serious partner—

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

I have a point of order on repetition.

[The Chair, Conservative, Kelly McCauley]

Continue, Mr. Kusmierczyk.

[Majid Jowhari, Liberal, Richmond Hill, ON]

I have a point of order on a point of order.

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

You can do your own but not....

[The Chair, Conservative, Kelly McCauley]

Continue, Mr. Kusmierczyk.

Mr. Kusmierczyk has the floor, Mr. Jowhari and Mr. Perkins.

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

Mr. Chair, I'll be honest and say that the only repetition I see is the point of order after point of order. We're supposed to be having a serious discussion about a serious issue. Some of us are trying to act like adults here and talk about a serious issue.

Let me talk about—

[The Chair, Conservative, Kelly McCauley]

Continue, Mr. Kusmierczyk, on the amendment.

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

—the importance of patents and how countries and companies take seriously the issue of protecting information.

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

I have a point of order. The amendment to the motion before us is not about patent law. It's about a contract for a government subsidy. There's no relevance to patent law.

[The Chair, Conservative, Kelly McCauley]

I'm sure Mr. Kusmierczyk will get to it. Continue.

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

Mr. Chair, this is a conversation about risk. If a company enters into an agreement with a company for a $5 billion investment, and when they sign a contract or agreement that is confidential, if we cannot honour that contract and that confidentiality, then what does it say about the climate of intellectual property protection in this country and about Canada as a serious partner?

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

On a point of order, this is repetition.

[The Chair, Conservative, Kelly McCauley]

Allow him to get to it.