Evidence of meeting #11 for Bill C-11 (41st Parliament, 1st Session) in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

  • Robert DuPelle  Senior Policy Analyst, Copyright and International Intellectual Property Policy Directorate, Department of Industry
  • Mike MacPherson  Procedural Clerk
  • Anne-Marie Monteith  Director, Copyright and International Intellectual Property Policy Directorate, Department of Industry
  • Gerard Peets  Acting Director General, Marketplace Framework Policy Branch, Strategic Policy Sector, Department of Industry
  • Drew Olsen  Director, Policy and Legislation, Copyright and International Trade Policy Branch, Department of Canadian Heritage

9:05 a.m.

NDP

The Chair Glenn Thibeault

Good morning, members, ladies and gentlemen.

Welcome to the 11th meeting of the Legislative Committee on Bill C-11. I'd like to welcome our officials from yesterday, who will be with us until the end, and I'd like to welcome back all members.

Again, just a friendly reminder that we are televised and that where we left off yesterday when the bells occurred was on clause 35 and we were discussing amendment LIB-10. From what I can recall, the Conservatives were speaking at that time, so I could hand it back to you, Mr. Del Mastro, if you are interested in speaking a little more on Liberal amendment 10.

9:05 a.m.

Conservative

Dean Del Mastro Peterborough, ON

Mr. Chairman, I wanted to thank the officials for their comprehensive answers to my questions. I'm now satisfied that I can vote against LIB-10. Thank you.

9:05 a.m.

NDP

The Chair Glenn Thibeault

Great. Thank you, Mr. Del Mastro.

(Amendment negatived)

Moving on to the second amendment, government amendment 5, I want to mention, as I mentioned yesterday, that there is a line conflict with Liberal amendment 11. So if this amendment is adopted, then Liberal 11 cannot be proceeded with.

With that, I'll ask Mr. Lake if he is moving the amendment.

9:05 a.m.

Edmonton—Mill Woods—Beaumont
Alberta

Conservative

Mike Lake Parliamentary Secretary to the Minister of Industry

I am, and I will turn to the officials and have them explain how this impacts the bill.

9:05 a.m.

Robert DuPelle Senior Policy Analyst, Copyright and International Intellectual Property Policy Directorate, Department of Industry

This is a series of technical amendments that amend clause 35, which provides safe harbour provisions for Internet service providers.

Specifically, there are three safe harbour provisions: for mere conduit services; for caching services, which is copying done for network efficiency; and for providing hosting services.

The first two technical changes relate to conditions in caching content. Specifically, there is a change in relation to the requirement that the ISP respond to directions from the content provider as to whether to cache the material or not, and we're proposing to change the amendment so it ensures these are in line with industry standards.

A similar amendment is applied in relation to the ISPs' obligation to not interfere with the collection of user data.

The third change has to do with a specific carve-out in relation to those who are liable under the new enabler provision. There was a concern that this carve-out might only apply to the first safe harbour. We're moving that clause so it will now apply to all three safe harbours. As a consequence, there is a re-numbering.

9:05 a.m.

NDP

The Chair Glenn Thibeault

Thank you to the officials and to Mr. Lake.

(Amendment agreed to) [See Minutes of Proceedings]

(Clause 35 as amended agreed to on division)

(On clause 36)

9:05 a.m.

NDP

The Chair Glenn Thibeault

Is there any discussion on clause 36?

9:05 a.m.

NDP

Charlie Angus Timmins—James Bay, ON

We have an amendment.

9:05 a.m.

NDP

The Chair Glenn Thibeault

You have an amendment, okay.

Mr. Angus, will you be moving it, or will Mr. Benskin?

9:05 a.m.

NDP

Charlie Angus Timmins—James Bay, ON

I'll pass it over to Mr. Benskin.

9:05 a.m.

NDP

The Chair Glenn Thibeault

Mr. Benskin, will you be moving NDP-10?

9:05 a.m.

NDP

Tyrone Benskin Jeanne-Le Ber, QC

Yes, I will.

As with all of our amendments, this is a really straightforward amendment that we believe everybody can support. What it will do is bring additional clarity to the new rights accorded to Canadians with perceptual disabilities without undermining the core intent of this law or unduly disadvantaging rights holders.

We propose the creation of a specific exemption under clause 36 in BillC-11 to clarify that it does not constitute copyright infringement for an individual with perceptual disabilities or someone working with a recognized non-profit organization on their behalf to break a digital lock for the sole purpose of making the material perceptible to someone with a disability.

The rationale for this proposed change is fairly simple. We've heard from groups like the Alliance for Equality of Blind Canadians, the Canadian National Institute for the Blind, educators working with Canadians with perceptual disabilities, and individual concerned citizens about the potential for this flaw in the legislation to be exploited to wrongly criminalize work done on behalf of Canadians with perceptual disabilities.

The CNIB cogently makes the point that this committee should not be in the practice of enshrining in legislation business models based on technology frameworks that restrict accessibility. We agree and believe that this change can assist Canada in developing a more balanced, inclusive system of content distribution for blind citizens.

This is a relatively simple change that will provide better clarity to people working on behalf of the blind and open new opportunities for them to enjoy a relatively limited field of literature, film, and text adapted to the formats they require. It is our sincere hope, on their behalf, that the government will entertain and accept this modest but important change.

9:10 a.m.

NDP

The Chair Glenn Thibeault

Thank you, Mr. Benskin.

There's a small error in the amendment. The first word, "to", does not need to be there because it's in the preceding paragraph, in subsection 32(1). We don't need to say "to" twice.

If you can move that, we can just say that we've removed that extra "to".

9:10 a.m.

NDP

Tyrone Benskin Jeanne-Le Ber, QC

So moved.

9:10 a.m.

NDP

The Chair Glenn Thibeault

Perfect. We'll do it that way.

Is there any further discussion from the New Democrats? Seeing none, I'll move to Mr. Regan.

Mr. Regan, you have the floor for five minutes.