An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Navdeep Bains  Liberal

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 provisions of the Copyright Act on access for persons with perceptual disabilities to copyrighted materials and, in doing so, implements the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The amendments facilitate access for such persons to copyrighted materials while ensuring that the interests of copyright owners are safeguarded.

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.

Copyright ActGovernment Orders

May 17th, 2016 / 1:40 p.m.
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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Mr. Speaker, I share the member's affinity for this bill and his support for it. I just have a quick question for the member.

It has been said many times that it is never the wrong time to do the right thing. Why does the member see this as the wrong time to do the right thing? He must agree this is the right thing. We all agree on it. Let us get it done. Let us get this bill passed. I would like to hear his comments on that.

Copyright ActGovernment Orders

May 17th, 2016 / 1:40 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, just on the procedural point, we have said we will pass this after question period.

I did not say that it was the wrong time to do the right thing. What I said was it helped to give notice if people planned on doing the right thing, and if they wanted others to go ahead with them.

It is always the wrong time to use cheap procedural tactics when we have a bill that is this important. We should be working together on this. All the government had to do was give notice that this would be up for debate. We could have engaged more stakeholders. This would have been a good opportunity for all parties to work together.

There is obviously still collaboration around the content of the bill, but things like letting the NDP members split their time, things like giving advance notice, these are basic elements of courtesy that are normally observed in this place. It is disappointing to see, on legislation this important where we should be coming together, that not happening to the fullest extent.

Copyright ActGovernment Orders

May 17th, 2016 / 1:40 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I want to follow up on my colleague's question of the right time.

All of us came to the House this morning fully under the impression that we would be debating Bill C-14. Through the joint committee study, through the justice committee study, we were told time and time again that we did not have time to get all these witnesses in. We were under a tight time frame. We were under the deadline of June 6.

Today, we were hoping to start debate on Bill C-14. Instead of that, we have had at least three different bills brought to the House today, taking up the time that members of the House could be debating Bill C-14. The clock is ticking.

Again, what are my colleague's feelings about why the government would have chosen today to implement three bills that could have been passed another week when Bill C-14 was under such a tight timeline?

Copyright ActGovernment Orders

May 17th, 2016 / 1:40 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, obviously Bill C-11 is the kind of bill that we want to see move forward as quickly as possible. We are doing all we can to move it forward in a reasonable way, given the way this has been handled.

However, the best way to address these issues is if parties can work together on these things. This morning, again, to have one bill on notice, to have a different bill put forward for concurrence, to then move closure on a different bill, and then to have this bill brought up, I do not want to be talking about this, quite frankly. If we are going to be talking about Bill C-11, I would rather be talking about the substance of the bill. It is substance on which we can all agree.

However, this has to be said. Canadians need to know that there has been a missed opportunity here, a missed opportunity to engage more people and to engage more stakeholders in a conversation that needs to happen. If this is sunny ways, I do not know what clouds would look like.

Copyright ActGovernment Orders

May 17th, 2016 / 1:40 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, on a couple of occasions, through requesting the unanimous consent of the House, the NDP, in particular, have put forward the thought of having this bill passed through all the different stages. The Conservative Party has denied that unanimous consent.

Could the member explain to the House why the Conservative Party has chosen to deny a unanimous consent that would have ultimately seen the bill pass before lunchtime today. Would the Conservatives possibly entertain that now?

Copyright ActGovernment Orders

May 17th, 2016 / 1:45 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I am sorry if the member missed my specific intervention where I specifically addressed this point.

I will just identify again that our position was that having agreed in the past to pass Bill C-11 at an appointed time agreed on by all parties, this was the commitment that had been made. Then the government broke that commitment by putting this bill forward, totally without notice.

We do not want to see the government playing politics with this issue. This is an important issue, and we would like to move forward on a consensus basis. We have said that after this speaking slot, we will agree to pass Bill C-11 after question period.

It is not a substantial difference in terms of time. We want to move forward with this as well. However, there is a missed opportunity here in terms of engaging stakeholders and in terms of working together collaboratively among the different parties.

Copyright ActGovernment Orders

May 17th, 2016 / 1:45 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I would like to reiterate what my hon. colleague said when he mentioned that this is a missed opportunity to work together as colleagues in the House. Back in my riding, people have told me many times that they are looking for us as parliamentarians to take those opportunities where we can collaborate and work together to make legislation better, to serve Canadians from coast to coast to coast. This was one of those opportunities, and unfortunately, it was missed today because of the rush that was put on Bill C-11, a bill that would amend the Copyright Act.

I would like to thank the hon. member for Carleton for his hard work on this piece of legislation when the Conservatives were in power. The member can be assured that there is support from this side of the House with regard to this legislation, because we can see how it would enhance the quality of life for those with a visual impairment and therefore do not have the access they need to library services. Canadians who are print disabled should have the same level of access as all Canadians, and so again, I will reiterate that we do support this legislation going forward.

This legislation would build on that which was introduced previously by the Conservative government to allow for charities and not-for-profits to produce alternative formats for copyrighted material. The important limitation is that this is a not-for-profit exemption, so no one would be able to make a profit off an artist's or a writer's intellectual property. This is a key point, because the legislation would be for the betterment of all Canadians. It would serve our nation as a whole and not profit.

The bill addresses a barrier to inclusion for those with a visual or comprehension disability, which is why we support this legislation for building a more inclusive society.

We all support efforts to bring into effect the World Intellectual Property Organizations' Marrakesh Treaty, as it is known. This treaty is designed to remove barriers to the access of alternative format print materials through changes to domestic copyright laws on an international basis, while also facilitating the sharing of literary materials among nations.

I agree that reading material should be accessible to all. Growing up in my home, I had parents who put a lot of emphasis on the importance of reading. Before I was able to read, my mom spent a lot of time reading to me, believing that it helped with development. I do see where it has had a positive impact. I learned to read at a very young age and I enjoyed it tremendously. I learned much through my reading. I can only imagine what it would be like for someone who does not have access to reading materials to take advantage of the opportunities for learning, enjoyment, and cultural engagement in the same way that I was able to.

We can all agree that this legislation is important and that it would address a pressing need of those with visual or comprehension disabilities. However, the minister overstates how this legislation would increase the employment opportunities for persons with a disability. There are other factors that have to be understood on this matter.

We have all heard the personal stories of those living with a disability, how difficult it is for them to secure and maintain employment, or how difficult it is for them to have a sustainable income. These individuals are looking for the leadership from the present Liberal government that they saw under our previous Conservative government. Unfortunately, the government appears to be going after the low-hanging fruit on this file, with legislation that was already in motion, introduced under the previous government and largely in the same format as we see it today.

The Liberal government promised in its platform to introduce a national disabilities act, and unfortunately we have not seen any movement forward on that. The focus of such an act would be to address the systemic barriers to accessing employment and community services that are faced by persons with disabilities.

Bill C-11 is a much-needed piece of legislation for Canada. It is a much-needed initiative going forward. Persons with disabilities in this country are asking the present government for a real plan and sustained leadership. They are asking for employment opportunities and for equality in all things having to do with life.

While this legislation before us today is a good step, it is not adequate and it does not show leadership in the way Canadians need.

It is unfortunate that there was no mention of persons with disabilities in the Speech from the Throne or in the Liberals' 2016 budget, again reiterating that the current government is not taking seriously those persons with disabilities.

Our Conservative government had a strong record of providing new tools and programs to give persons with disabilities control over their future. Under the initiatives brought in by the late Jim Flaherty, we increased training for employment, increased accessibility for those who have a disability, and ensured they are able to join employment forces. We funded community projects to make facilities more accessible to those with a physical disability. We created a registered savings plan so that parents were given new tools to financially plan for their child with a disability.

While we support this legislation that is before the House today, we are left asking some very significant questions. We wonder where the ambition of the current government has gone, where its promises lie. We wonder if the current government is going to follow through on its commitments to a national plan with regard to those with disabilities. Again, not having seen it in the 2016 budget and not having heard of any sort of plan in the Liberals' throne speech, we are left wondering these things. Why is it that the Liberals have not made inclusion of persons with a disability a top priority?

What I have heard on the ground from those people living with a disability is that they want to work so that they can provide for themselves. They want opportunities to seek employment and to not be discriminated against as they do so. Again, they are looking to the current government to take leadership in this regard. We know that among us it is often disabled individuals who are the most impoverished. Because they cannot find the type of employment that perhaps others can, they are left with a rather meagre income. As a result, they are living in poverty and do not have access to the services and the lifestyle that perhaps the rest of Canadians have. They want to be able to access public spaces, to participate in their communities, and to be contributing members. Once again, they are looking to the current government to provide some leadership in these areas.

I have not heard of this bill, Bill C-11, as being a top-of-mind concern for constituents when so many of those persons with a disability are in fact living in poverty because they cannot access employment. Once again, I would reiterate that the minister is overstating that this bill that is before the House today would create greater employment opportunities to the extent that she has implied. Although it would be a helpful step in that direction, once again I implore the government to take adequate steps in this direction.

While we support this legislation and the intent that it holds, we are left asking this. Where is the plan to address the more serious issues that face the Canadians among us who have a disability? Where is the leadership that the current government promised for the sake of all Canadians, to have an inclusive place within Canadian society?

Copyright ActGovernment Orders

May 17th, 2016 / 1:55 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, what we have been listening to for the last little while is what has become very clear in terms of the overwhelming support for the bill. We recognize in the contributions, whether from the minister or members opposite, that there seems to be very good and substantial support for the bill.

I would ask if there would be the unanimous consent of the House to see Bill C-11 pass through all stages at this time.

Copyright ActGovernment Orders

May 17th, 2016 / 1:55 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Does the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons have the unanimous consent of the House to propose this motion?

Copyright ActGovernment Orders

May 17th, 2016 / 1:55 p.m.
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Some hon. members

Agreed.

Copyright ActGovernment Orders

May 17th, 2016 / 1:55 p.m.
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An hon. member

No.

Copyright ActGovernment Orders

May 17th, 2016 / 1:55 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I really appreciated my colleague so articulately speaking to this issue. I do want to note that she probably had to prepare her comments at the last minute because the government has not been giving the due process that important bills require, which is the ability to plan to speak. I would like my colleague to reflect on that particular issue, especially in light of the comments just made by the parliamentary secretary.

Copyright ActGovernment Orders

May 17th, 2016 / 1:55 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, again, at the beginning of my speech, I mentioned that this, unfortunately, is a missed opportunity for us as parliamentarians, and for Canada as a whole. I know there are people within my constituency, and I am sure others here do as well, who talk to me about working collaboratively in the House. I assure them that there are opportunities to do so. This was one of them. This was an opportunity for us to come together and work collaboratively on an issue that we can agree upon, in order to better serve all Canadians as an inclusive culture and society as a whole.

Yes, indeed, today was a missed opportunity and a very sad day for not only the House but Canadians in general.

Copyright ActGovernment Orders

May 17th, 2016 / 1:55 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it may be an unfair question to ask one member of the Conservative Party, but in trying to understand why we would reject an opportunity for Bill C-11 to be taken through all stages of debate and deemed passed at this stage, the only voices I heard saying no were from the Conservative Party. However, I heard nothing but positive comments in every speech, including the hon. member's, in support of this legislation.

I am wondering if she can provide any explanation—though perhaps she does not know what was in the minds of her colleagues when they said no—as to why we would not have seized that opportunity.

Copyright ActGovernment Orders

May 17th, 2016 / 1:55 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, once again, I will reiterate that the House had a fabulous opportunity to join forces, to collaborate, and to work together as colleagues from all sides of the House. Unfortunately, when the members opposite decided to rush this legislation without going through due process, they gave up that opportunity. They hurt that opportunity, thereby hurting Canadians, because Canadians want us to be unified on the issues, where we can be.

Again, today we missed an opportunity to work together on all sides of the House, and it is a sad day.