Copyright Modernization Act

An Act to amend the Copyright Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Christian Paradis  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Copyright Act to
(a) update the rights and protections of copyright owners to better address the challenges and opportunities of the Internet, so as to be in line with international standards;
(b) clarify Internet service providers’ liability and make the enabling of online copyright infringement itself an infringement of copyright;
(c) permit businesses, educators and libraries to make greater use of copyright material in digital form;
(d) allow educators and students to make greater use of copyright material;
(e) permit certain uses of copyright material by consumers;
(f) give photographers the same rights as other creators;
(g) ensure that it remains technologically neutral; and
(h) mandate its review by Parliament every five years.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
May 15, 2012 Passed That Bill C-11, An Act to amend the Copyright Act, as amended, be concurred in at report stage with further amendments.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 15 on page 54 the following: “(3) The Board may, on application, make an order ( a) excluding from the application of section 41.1 a technological protection measure that protects a work, a performer’s performance fixed in a sound recording or a sound recording, or classes of them, or any class of such technological protection measures, having regard to the factors set out in paragraph (2)(a); or ( b) requiring the owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording that is protected by a technological protection measure to provide access to the work, performer’s performance fixed in a sound recording or sound recording to persons who are entitled to the benefit of any limitation on the application of paragraph 41.1(1)(a). (4) Any order made under subsection (3) shall remain in effect for a period of five years unless ( a) the Governor in Council makes regulations varying the term of the order; or ( b) the Board, on application, orders the renewal of the order for an additional five years.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 11 on page 52 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 51 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 1 to 7 on page 51.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 24 to 33 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting line 37 on page 49 to line 3 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 17 to 29 on page 48.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 38 to 44 on page 47.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “(5) Paragraph (1)( a) does not apply to a qualified person who circumvents a technological protection measure on behalf of another person who is lawfully entitled to circumvent that technological protection measure. (6) Paragraphs (1)( b) and (c) do not apply to a person who provides a service to a qualified person or who manufactures, imports or provides a technology, device or component, for the purposes of enabling a qualified person to circumvent a technological protection measure in accordance with this Act. (7) A qualified person may only circumvent a technological protection measure under subsection (5) if ( a) the work or other subject-matter to which the technological protection measure is applied is not an infringing copy; and ( b) the qualified person informs the person on whose behalf the technological protection measure is circumvented that the work or other subject-matter is to be used solely for non-infringing purposes. (8) The Governor in Council may, for the purposes of this section, make regulations ( a) defining “qualified person”; ( b) prescribing the information to be recorded about any action taken under subsection (5) or (6) and the manner and form in which the information is to be kept; and ( c) prescribing the manner and form in which the conditions set out in subsection (7) are to be met.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) No one shall apply, or cause to be applied, a technological protection measure to a work or other subject-matter that is intended to be offered for use by members of the public by sale, rental or otherwise unless the work or other subject-matter is accompanied by a clearly visible notice indicating ( a) that a technological protection measure has been applied to the work; and ( b) the capabilities, compatibilities and limitations imposed by the technological protection measure, including, where applicable, but without limitation (i) any requirement that particular software must be installed, either automatically or with the user's consent, in order to access or use the work or other subject-matter, (ii) any requirement for authentication or authorization via a network service in order to access or use the work or other subject-matter, (iii) any known incompatibility with ordinary consumer devices that would reasonably be expected to operate with the work or other subject-matter, and (iv) any limits imposed by the technological protection measure on the ability to make use of the rights granted under section 29, 29.1, 29.2, 29.21, 29.22, 29.23 or 29.24; and ( c) contact information for technical support or consumer inquiries in relation to the technological protection measure. (2) The Governor in Council may make regulations prescribing the form and content of the notice referred to in subsection (1).”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) Paragraph 41.1(1)( a) does not apply to a person who has lawful authority to care for or supervise a minor and who circumvents a technological protection measure for the purpose of protecting the minor if ( a) the copy of the work or other subject-matter with regard to which the technological protection measure is applied is not an infringing copy; and ( b) the person has lawfully obtained the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure. (2) Paragraphs 41.1(1)( b) and (c) do not apply to a person who provides a service to a person referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the purposes of enabling anyone to circumvent a technological protection measure in accordance with subsection (1). (3) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or contravenes any Act of Parliament or of the legislature of a province.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 21 to 40 on page 46.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 45 with the following: “measure for the purpose of an act that is an infringement of the copyright in the protected work.”
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 30 to 34 on page 20.
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 33 to 37 on page 19.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 62.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 49.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by deleting line 42 on page 23 to line 3 on page 24.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by replacing lines 23 to 29 on page 23 with the following: “paragraph (3)( a) to reproduce the lesson for non-infringing purposes.”
May 15, 2012 Failed That Bill C-11, in Clause 21, be amended by adding after line 13 on page 17 the following: “(2) The Governor in Council may make regulations defining “education” for the purposes of subsection (1).”
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 2.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 1.
May 15, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 13, 2012 Passed That the Bill be now read a second time and referred to a legislative committee.
Feb. 13, 2012 Passed That this question be now put.
Feb. 8, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Nov. 28, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-11, An Act to amend the Copyright Act, because it fails to: ( a) uphold the rights of consumers to choose how to enjoy the content that they purchase through overly-restrictive digital lock provisions; (b) include a clear and strict test for “fair dealing” for education purposes; and (c) provide any transitional funding to help artists adapt to the loss of revenue streams that the Bill would cause”.

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I am pleased to speak to the bill once more because there are some very important points that we must discuss. I am very pleased that we have more time for this discussion. It is very difficult to follow a colleague such as the member for Timmins—James Bay, who is so well versed in this matter. He spoke eloquently abut a number of points, but I will nevertheless continue to talk about education.

Before saying anything about all this, I want to repeat what has been said many times by my colleagues. It is extremely important to remember that, contrary to what some members opposite have said, this bill is not necessarily black and white. What we are saying is simple but copyright, especially in the digital age and with all the technological changes that have taken place in recent years, is a complex issue.

It is understandable that some questions are more difficult to address, particularly if, like the NDP, you advocate a fair balance between protection of users and the rights of creators. This is the first very important point to stress, and it has been stressed many times already, but it merits repetition. As my colleague said so well, when we talk about the products we export, in Canada and Quebec, culture is a very significant product. It is one of our resources, one of our assets. According to Statistics Canada, in a research report from Laval University, in Quebec alone, cultural production amounted to $9.8 billion, an enormous figure. It is 4.1% of Quebec's GDP. That was in April 2010, and the figures may have changed a little, but clearly this is a very important resource. We strongly agree that it is a resource that must be protected and developed in a way that is fair to everyone, and creators must be remunerated.

On the question of fairness, I want to address the education issue. The last time I had an opportunity to speak to this bill, the hon. parliamentary secretary told me we were scaring students by telling them they were going to have to burn their notes. And yet the first time I heard the words "book burning policy" they did not come from an NDP member or someone trying to scare anyone. They actually came from members of the Fédération québécoise des professeures et professeurs d'université. Those people who work in education came to see myself and other colleagues of mine to convey their concerns to us and tell us that this aspect of the bill was problematic. It is very important to point this out. We are not trying to create a false context around the bill; rather, we are trying to convey the concerns expressed by people in the field. I think it is very important to point that out.

The other aspect I would like to address is the famous term “fair dealing”, which is called “fair use” in the United States. This is a point well worth raising, because the members opposite often say that we want to treat ordinary people like criminals, and so on. And yet that is exactly what they seem to be advocating here. This aspect is missing from Bill C-11, but it exists in the example of our neighbours to the south, in the United States Copyright Act.

There really are specific provisions that limit, for instance, the legal recourse that can be taken against people in certain situations. I am referring to librarians or people who use library services, which are offered to the public, services that, ideally, are funded either partially for fully by governments. Libraries enrich our society considerably. I am convinced that no creator would oppose that and, to my knowledge, none has ever opposed it. This also refers to students and educational uses, to teachers, instructors and so on.

I think those kinds of provisions need to be examined. We heard earlier about the kinds of concrete measures we would be willing to propose. This is just such a measure. We have talked about clauses that would allow for compromise. Once again, without rambling on too much and repeating the excellent points my colleague made, if we compare this to video games, which are at the very heart of this technological revolution in terms of creation in the 21st century, such measures already exist in that field. Some computer games already have provisions in place to prevent pirating: they have digital locks. What is different here is that we fully support these measures—except that what we propose is that the bill provide some degree of protection to someone who is going to use the creation honestly for educational purposes and not punish an honest citizen who uses these creations. This use is not only honest, but it enriches everyone. This use contributes, quite often, to our society and our culture. I think that is exactly the same principle as the American legislation. We are proposing a very practical measure.

I would also like to come back to the issue of fair dealing. It is easy to say that there is a fair dealing clause on education in the bill, but the problem is that there are other clauses and other aspects of the bill that cancel out the fair dealing. Think of the course notes that have to be destroyed, the documents from libraries and inter-library loan materials that have to be destroyed. This is extremely problematic. I mentioned this earlier. I studied in Montreal where there are several universities. There is a great wealth of material in the community. There are anglophone universities and francophone universities. Often, a great way of creating ties between the universities and between the students who attend the different universities is the ability, as a student enrolled in one university, to take advantage of loans from the other universities, digital loans or physical loans. I think that is the type of right that should be protected. It is such a great tool and it is extremely useful. We know very well that not every university has the same specialties and the same expertise. I think it is extremely important to benefit from that.

I will close simply by saying, once again, that we are proposing very concrete measures. We want measures in place to protect honest users, but at the same time, we absolutely are in favour of protecting the creators. We simply want to find a fair balance. It is not black and white. It is truly a very complex issue. We are aware of that. That is why we are calling on the government members to work with us on finding a fair solution that will satisfy everyone and contribute to the wealth of our society.

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:10 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I want to follow up on the excellent dissertation my colleague gave because of his expertise in knowing what it is like at the university level in a digital realm.

The questions about the digital lock provisions for university interlibrary loans are essential. As the member said, various places across the country have various expertise in learning. Some are very large institutions, but some are very small. However, the bill would obligate these institutions to have digital locks in place.

Does my hon. colleague think that the bill would impede learning and put unnecessary restrictions on the ability of an education institution to maintain that? Also, with the digital lock provisions, would universities and education institutions that are very risk adverse back off on a number of areas of development altogether?

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:10 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, this bill would certainly impede learning. I can even give a concrete example in support of what my colleague and I mentioned earlier. I studied at McGill University, which has students from outside Quebec and even outside Canada in some cases. These students often take a Quebec politics course. Some excellent work has been done at francophone universities like Université de Montréal or Université du Québec à Montréal. Preventing these students from participating not only impedes their education, but it also prevents them from participating in the culture and society that they came to immerse themselves in as students at these universities. So that is a huge problem.

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:15 p.m.
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Oak Ridges—Markham Ontario

Conservative

Paul Calandra ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, I want to congratulate the member on his second speech on the copyright legislation. He is, of course, availing himself of the extraordinary opportunities we have in the House to debate in the spirit of openness that this government has brought not only to this bill but various pieces of legislation in the House.

I have a quick question. I know we are unlikely to get an answer on anything to do with jobs and the economy, but I wonder if he has contemplated what impact this will have on jobs and the economy in his province if we do not update our copyright legislation. Does he join with me in being frightened that we might lose hundreds of thousands of jobs and millions of dollars in investments if we follow the approach of the opposition; that is, delay and frustrate this legislation and not do anything to protect the creators of digital content?

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:15 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I think it is the complete opposite. We are very aware that there are a lot of jobs in this industry. Most artists are not rolling in cash. There are also the people who support them, such as producers, camera operators or other industry workers. That is exactly what we are saying. We want to protect these jobs, but we also want to protect the economy when we are talking about education. We are asking for a compromise to protect compensation for artists and others working in the industry, but we also want to protect people who want to study and take full advantage of their education to contribute to the economy and find jobs. I completely agree, and that is why we are looking for a better compromise than what is being offered right now.

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:15 p.m.
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NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, my hon. colleague from Timmins—James Bay asked the same question that I wanted to ask, but I would nevertheless like to ask my hon. colleague from Chambly—Borduas if he kept his course notes. He was a student until very recently and he is very familiar with the university environment. How would he have been personally affected by this bill as it currently stands?

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:15 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I thank my hon. colleague for her question. What is ironic is that I studied political science and I was often told that people study in that field in order to become a politician. In fact, that is not at all the case. I have never met more cynical people than the professors I had. I did keep my course notes. When it comes time to think about a bill, to make comments or to know how I plan to address an issue, my course notes help me a great deal. Since the bill has not yet passed, I can say that without any risk.

Such notes are a very useful tool for our own growth. Furthermore, we can share them with others. I often had friends who were taking political science courses, although that was not their main area of study. I loaned them my course notes to give them a better understanding of the subject. The notes they received in an introductory course, for instance, might be different than those given to a political science student at the university level. It would in fact be a big loss.

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:15 p.m.
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NDP

José Nunez-Melo NDP Laval, QC

Mr. Speaker, this is the second opportunity I have had to rise in this House and speak about Bill C-11. The Minister of Industry has reintroduced former Bill C-32 on copyright modernization, the purpose of which is to make long overdue changes. These changes will adapt the Canadian rules to technological advances, and harmonize them with the current standards.

I have noticed since the start of the session that it is often the ministers and parliamentary secretaries who answer questions. We will not stop reiterating the need to amend this legislation before seeing it pass.

This bill creates new and very powerful anti-circumvention rights for owners of content. These new provisions are backed by fines of over $1 million and sentences of up to 5 years behind bars. They would also create a situation where digital locks would practically trump all other rights. The exceptions do not adequately recognize the rights of creators.

The political issue is actually more of a trend towards meeting the demands of the big owners of foreign content, particularly American content. When will Canadians finally have legislation that meets their needs?

Our party believes that Canadian copyright laws can strike a balance between the right of creators to receive fair compensation for their work and the right of consumers to have reasonable access to content. We are going to review all potential amendments to the bill in order to create a fair royalty system for artists.

This bill grants several new privileges regarding access to content but provides no alternative method of compensation for artists. This will greatly affect artists' ability to make ends meet.

The copyright modernization act contains a number of concessions for consumers. These are undermined by the government's refusal to adopt a position of compromise regarding the most controversial issue at stake in the area of copyright in Canada.

We propose that the clauses that criminalize the removal of digital locks for personal non-commercial reasons be removed from the copyright modernization bill. We support reducing penalties for those found guilty of having breached the Copyright Act.

Our party, the NDP, believes it is high time that the Copyright Act is modernized; however, this bill contains too many blatant problems.

Over 80 organizations from the artistic and cultural sectors in Quebec and the rest of the country maintain that the bill will be toxic to Canada's digital economy.

These organizations caution that, if the government does not amend the copyright modernization act to provide for adequate compensation for the owners of Canadian content, it will lead to a decline in the production of Canadian content and the distribution of that content in Canada and abroad.

The Society of Composers, Authors and Music Publishers of Canada, SOCAN, thinks that the bill should be amended to facilitate access to creative content using new media, and that a fair balance should be struck. Without that balance, creation of creative content will eventually decline because Canadian creators will no longer be able to make a living from their creations.

A law professor at the University of Ottawa said that the provisions relating to digital locks in Bill C-11 and in its predecessors, Bills C-32 and C-60, might be unconstitutional. He believes there are doubts as to whether Parliament has the necessary authority to legislate in relation to digital locks. That is an issue.

Similarly, even if there is an economic issue, it does not seem to fall under federal jurisdiction on trade and commerce, and consequently it falls under provincial jurisdiction. It is also by no means clear whether the federal government has the power to implement international treaties that would justify enacting the bill as it is proposed.

In general, the broader the proposed provisions, the more remote they are from federal jurisdiction and the more they encroach on provincial powers. At minimum, certain aspects of this issue affect the sphere of provincial powers. All of this suggests that the attorneys general and other provincial decision-makers should be actively involved in the discussion.

As for consumers, the "no compromise" provisions grant unprecedented powers to rights owners, which supersede all other rights. If Bill C-11 is enacted, it could mean that we will no longer have access to content for which we have already paid, and we will have no right or recourse. It is draconian and unacceptable to ask students to destroy course notes within 30 days of when the courses end, as this bill proposes.

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would ask the member to join me in appealing to the parliamentary secretary responsible for the bill to get a very simple statement. I wonder if the parliamentary secretary would be prepared to guarantee on behalf of the government that individuals who wanted to purchase copies of music would not have to worry about the lock situation. I wonder if he would be prepared to give that guarantee today.

Does the member agree that this would be a wonderful question on which to get a yes or no answer from the parliamentary secretary?

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:25 p.m.
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NDP

José Nunez-Melo NDP Laval, QC

Mr. Speaker, I thank my colleague for Winnipeg North.

I would ask the minister and the parliamentary secretary the same question. Will he answer the question?

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:25 p.m.
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Oak Ridges—Markham Ontario

Conservative

Paul Calandra ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, I am glad that the member for Winnipeg North is trying to ask me questions through other members.

I note that this is the second time the member for Laval has spoken to the bill. I want to congratulate him for taking advantage of the extraordinary opportunity we are providing by allowing debate on this topic.

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:25 p.m.
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An hon. member

What a joke.

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:25 p.m.
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Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Mr. Speaker, of course the member for Malpeque could care less about artists and individual creators.

Does the member for Laval have any ideas on how we could protect the hundreds of thousands of jobs and creators in this economy? He is the last speaker today of over 50 NDP members who have spoken to this bill, and we still have not received that answer. I wonder if he might avail us with an answer to the question as to how we could protect and preserve jobs and investment in this country if we do not update the act.

Copyright Modernization ActGovernment Orders

December 12th, 2011 / 6:30 p.m.
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NDP

José Nunez-Melo NDP Laval, QC

Mr. Speaker, one way to protect current jobs is to refrain from putting restrictions in legislation. Bill C-11 in particular is very restrictive. If we want to maintain employment, and not just consider what affects the income of artists and all those who work in the media and elsewhere, the bill should be amended.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 3:35 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than two further sitting days shall be allotted to the consideration of the second reading stage of the Bill; and

that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.