Bill C-11 Committee on March 12th, 2012

[The Chair, NDP, Glenn Thibeault]

Clause 30 is open for discussion. Is there any discussion on clause 30?

Seeing none, shall clause 30 carry?

[Charlie Angus, NDP, Timmins—James Bay, ON]

On division.

(Clause 30 agreed to on division)

(On clause 31)

[The Chair, NDP, Glenn Thibeault]

I will now open discussion on clause 31.

Is there any discussion on the clause?

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

There's an amendment.

[The Chair, NDP, Glenn Thibeault]

Mr. Lake, you will be moving the amendment?

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

I'll move the amendment as written.

Again, I will have the officials comment on the impact this memo would have on the bill.

[The Chair, NDP, Glenn Thibeault]

Great. Thank you, Mr. Lake.

[Gerard Peets]

Bill C-11 contains new exceptions to support activities related to software reverse engineering for interoperability purposes, encryption research, and security testing of computers, networks, and systems. These types of activities may require copying as part of that research or product development process.

A concern has been expressed that these new exceptions could challenge the ability of right owners to deter unethical activity, such as exploiting vulnerabilities in computer networks and mobile device systems. If exceptions were to allow this kind of behaviour, it could put information security at risk. This amendment would add new safeguards to avoid those unintended consequences.

[The Chair, NDP, Glenn Thibeault]

Thank you for that information.

It's back to you, Mr. Lake, or the Conservatives. Is there any further discussion on the amendment?

Mr. Braid.

[Peter Braid, Conservative, Kitchener—Waterloo, ON]

Thank you, Mr. Chair.

Clause 31, I think, provides some very important exceptions in the copyright bill, specifically sections 30.61, 30.62, and 30.63. This amendment is a matter of ensuring that the language reflects the intent, and that the intent is to encourage follow-on innovation in the ICT sector. These are important provisions for many companies within the information and communications technologies sector, but we need to make sure that through this amendment these exceptions cannot be used for malicious purposes.

It cannot be used by computer hackers, by individuals who may wish to attempt to, for example, expose or make public a company's trade secrets. This amendment provides appropriate protections with respect to these exceptions.

[The Chair, NDP, Glenn Thibeault]

Mr. Lake.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

I just wanted to clarify something on this amendment. We were moving so quickly, and I have all the amendments in front of me.

This amendment was supposed to be Mr. Braid's amendment. He was the one that was moving that, and I inadvertently got ahead of myself and moved it, reading my notes. With the committee's indulgence, I want to give credit where credit's due and give Mr. Braid the opportunity to move that.

[Geoff Regan, Liberal, Halifax West, NS]

Put it on the record.

[The Chair, NDP, Glenn Thibeault]

All those in favour of changing the mover?

[Some hon. members]

Agreed.

[The Chair, NDP, Glenn Thibeault]

It's implied consent. Mr. Regan, you would like to speak to this amendment? The floor is yours for five minutes, sir, and then we'll go to the New Democrats.

[Geoff Regan, Liberal, Halifax West, NS]

Thank you, Mr. Chair.

You'll be delighted to know that I won't need five minutes, but I do think it is important. Along with the fact that the research needs to be done in terms of dealing with issues of security and so forth, this also allows people who are preparing or creating new kinds of software to make sure that software can interact with other software without having problems.

I think this is needed, and I'll be supporting this amendment.

[The Chair, NDP, Glenn Thibeault]

Thank you, Mr. Regan.

Monsieur Dionne Labelle, pour cinq minutes? Non? C'est tout?

Is there any further discussion on this amendment from New Democrats? Seeing none, I will ask for a show of hands.

(Amendment agreed to)

I will go back to discussion in relation to the clause. Seeing none, I will call the question.

(Clause 31 as amended agreed to on division)

I'm now moving to clause 32. Is there any discussion?

Mr. Lake.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

I'll move clause 32 and 33 together.

[The Chair, NDP, Glenn Thibeault]

Do we have the consent of the committee to move clauses 32 and 33?

[Some hon. members]

Agreed,

[The Chair, NDP, Glenn Thibeault]

Shall those two clauses carry?

[Charlie Angus, NDP, Timmins—James Bay, ON]

On division.

(Clauses 32 and 33 agreed to on division)

(On clause 34)

[The Chair, NDP, Glenn Thibeault]

I am now on clause 34. I am opening it up for discussion. Is there any discussion on clause 34?

Would you like to speak to the clause, Mr. Cash?

[Andrew Cash, NDP, Davenport, ON]

I'd like to speak to the amendment.