Bill C-47 (Historical)

Olympic and Paralympic Marks Act

An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act

This enactment provides for the protection of Olympic and Paralympic marks and protection against certain misleading business associations between a business and the Olympic Games, the Paralympic Games or certain committees associated with those Games.
This enactment also makes a related amendment to the Trade-marks Act to preclude the registration of a trade-mark whose adoption is prohibited by this enactment.

Olympic and Paralympic Marks Act

[Carol Skelton, Conservative, Saskatoon—Rosetown—Biggar, SK]

moved that Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act, be read the second time and referred to a committee.

[James Moore, Conservative, Parliamentary Secretary to the Minister of Public Works and Government Services and Minister for the Pacific Gateway and the Vancouver-Whistler Olympics]

Mr. Speaker, on behalf of the Conservative federal government, I am proud to rise in this House to begin second reading debate on Bill C-47, the Olympic and Paralympic marks act. The bill is part of the Government of Canada's effort to support the upcoming 2010 Winter and Paralympic Games.

The games, a great honour for British Columbians, are a massive endeavour that will bring the world to Vancouver, a sense of pride to every Canadian and, hopefully, championship glory to our athletes.

As reflected in the short title of this bill, the Olympic and Paralympic marks act, its purpose is relatively straightforward. The government is proposing this legislation for two main reasons: first, to follow through on a commitment made by the International Olympic Committee during the bid phase of the 2010 games to adequately protect the Olympic and Paralympic brand if the games were awarded to Vancouver; and second, to assist the Vancouver organizing committee, VANOC, to maximize private sector participation in the games that will be critical to the success and legacy of the Vancouver 2010 games.

To open the debate on Bill C-47, I would like to offer a brief explanation of how the bill will help provide a legal framework for the marketing of the games and compare that to the legislative approach taken in other countries that have hosted or will be hosting future games.

In 2010 Vancouver-Whistler will become home to 6,000 athletes and officials from more than 80 countries. An army of more than 20,000 employees and volunteers will help make the games run smoothly. The competition will be covered by 10,000 members of the media and witnessed by more than three billion people worldwide. Simply put, the Olympic Games are the world's largest sporting event. This is part of the reason why our government is so proud to be an active partner.

Our government knows that these games are about commitment whether as an athlete or as an organizing committee. Our financial commitment extends to provincial services essential for an event of this magnitude, such as security, health and immigration, as well as border and meteorological services.

Our commitment will include a legacy endowment fund that will provide operational funding for the 2010 games sporting venues and fund high-performance amateur sporting programs across Canada.

However, direct financial contribution is only part of the support that we can provide. We must also ensure that our intellectual property framework is not only up to international standards but will also foster maximum participation of the private sector in the games.

Since the 1988 Calgary Olympic Games, corporate partnerships have become a significant source of revenue for events of all kinds, from the local hockey tournaments to international sporting events. Businesses sign on as partners with particular events because the objectives that the events are in line with happen to be in line with their own. Corporate partnerships work because the value of the association enhances their corporate brands.

The Olympics are no doubt the best known sporting event in the world. Billions of people watch them on television and follow the events on the radio, in the newspapers and on line. As a result, the Olympic symbols, such as the five rings, are among the best known around the world.

The passionate global audience that is attracted to the Olympics, and increasingly to the Paralympic Games are of obvious interest to companies wanting to connect to that audience.

In response to this increased corporate attention, the Olympic movement has developed a sophisticated approach for working with those companies. The IOC, the International Olympic Committee, and the national bodies, such as the Canadian Olympic Committee, work closely with companies and organizations that want to become partners of the games or our national teams.

They work closely with companies and organizations that are interested in using Olympic or national team symbols of various kinds in their marketing and communications. Companies can compete and become official partners in specific product categories or the entire Olympic moment for a national Olympic body and for specific games.

Companies compete to receive licences that allow them to use the Olympic symbols and terms on products. They compete for the right to produce items with Olympic themes from something as simple as a souvenir T-shirt to a marketing campaign focused around the entire product line. These partnerships are now a critical part of the business plan for the event.

For the 2010 Olympic Games, VANOC has projected that it will receive 40% of its operational funding from games-related partnerships and licensing agreements.

In 2006 alone, VANOC announced that it had signed partnership agreements worth $115 million. However, corporate partnerships and licensing agreements depend on the ability of the games organizers to ensure that the Olympic partners and licensees have the unique rights that they competed for and should therefore expect.

Why does this matter? Let me use the example of the T-shirt that I just suggested a minute ago. If I operate a T-shirt company, I can compete for a licence with VANOC to sell T-shirts that have the official Vancouver-Whistler 2010 Olympics symbol on it. When I pay for that licence, I am paying for an exclusive right to produce those 2010 games T-shirts, but if others are able to use those same symbols or ones that are likely to be seen as essentially the same, what business reason do I have to compete for the licence in the first place?

We need a legal framework with clear rules on the use of Olympic symbols and associated words. We need sound, prompt and effective remedies that will deter free riders who seek to cash in on the Olympics to the detriment of the games or the official partners. Put simply, we need to protect the commitment of our partners.

That brings me today to Bill C-47. Canada has a strong intellectual property rights protection regime in place today. For example, the current Trade Marks Act provides a certain degree of protection for Olympics related marks and symbols. Under section 9 of that act, by virtue of their status as public authorities, the Canadian Olympic Committee and VANOC enjoy a certain degree of protection for various Olympic related marks.

However, in light of the upcoming 2010 Winter Games and changes in the marketplace since the Trade Marks Act was written, the protection of Olympic and Paralympic marks is of sufficient importance as to merit a dedicated stand-alone piece of legislation in addition. There are reasons for this.

The first reason is the significant expense required to host Olympic and Paralympic games, to build the world-class sporting facilities and infrastructure needed and, as I have mentioned, an increasing reliance on the private sector.

The second such reason stems from the concern that current laws are insufficient to prevent non-partner companies from using their own trade marks in a manner that misleads or is likely to mislead the public into thinking that they have some business relationship with the games. We need the legal frameworks in place to deal with what are referred to as ambush marketers. We need legislation to address the free riders who jump on the Olympic bandwagon at the last minute for a quick buck.

Finally, there is the concern that current remedies under common law are insufficient to prevent suspected trademark infringers and ambush marketers from continuing their offending behaviour during the limited timelines involved. What is needed are fast but responsible remedies as the games may be over by the time a court ruling brings a case to a close and brings a decision to a given case.

What no one wants are Olympic organizers potentially spending more time and money on litigation to protect their brand than they do on organizing the actual games. As the bulk of the brand policing would take place at a time when Canadians would prefer that VANOC, the Canadian Olympic organizing committee, and the IOC focus on delivering the best Winter Olympics and Paralympics ever.

That is why in 2002 the Government of Canada committed to the IOC to provide necessary legal measures in line with what is asked of Olympic host nations to protect the Olympic symbols, emblems, logos, marks, and many other Olympic related marks and designations. That brings us to why we are here today.

[The Deputy Speaker, Bill Blaikie]

Perhaps that will be a good point to stop for the moment.

The House resumed from May 15 consideration of the motion that Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act, be read the second time and referred to a committee.

[The Speaker, Peter Milliken]

Before the question period, the hon. member for Port Moody—Westwood—Port Coquitlam, the hon. Parliamentary Secretary to the Minister of Public Works and Government Services and Minister for the Pacific Gateway and the Vancouver-Whistler Olympics, had the floor. He has 12 minutes remaining in the time allotted for his remarks.

The hon. parliamentary secretary.

[James Moore, Conservative, Parliamentary Secretary to the Minister of Public Works and Government Services and Minister for the Pacific Gateway and the Vancouver-Whistler Olympics]

Mr. Speaker, the legislation we are debating today is Bill C-47, which is important legislation for protecting the integrity of the Vancouver Whistler 2010 Olympic and Paralympic Games and also protecting the economic health of the games.

Bill C-47 is a relatively short piece of legislation and it is time limited. It contains schedules that clearly identify the various words, symbols and insignia that are protected as an Olympic and Paralympic mark. It also defines the entities that will be protected by the legislation, namely VANOC, the Canadian Olympic committee, the Canadian Paralympic committee and their partners.

I should also add that in the event that Canada plays host to another Olympic and Paralympic Games in the future, the legislation can allow for new marks to be added to the relevant schedules.

The bill provides for two main types of prohibited conduct.

First, it would prohibit persons from using Olympic and Paralympic marks, any translations of such marks, or any mark likely to be mistaken for an Olympic and Paralympic mark, in connection with a business, without the consent of VANOC or, once the games were over, the consent of the Canadian Olympic or Paralympic committees.

Second, it would prohibit persons from using their own trademark or other mark to promote or advertise their business in a manner that misleads or is likely to mislead the public into believing that their business, goods or services are endorsed or otherwise associated officially with the games, VANOC or one of the committees.

What happens if one of these prohibitions is triggered? That is the focus of the bill.

In terms of remedies, one important area where the legislation differs from the Trade-marks Act is in the test VANOC must meet to obtain an interim or interlocutory injunction against a suspected offender. As many members of the House know, the court normally applies the three part test in deciding whether to grant this type of injunction. The parties seeking it must establish that there is a serious issue to be tried, that it will suffer irreparable harm if the offending conduct continues pending trial and that the balance of the convenience is in its favour.

The bill weighs the onus on VANOC to prove the second part of the legal test and often the most difficult to establish, that of providing irreparable harm. The bill greatly facilitates VANOC's ability to enforce its rights in a fair and balanced manner and will provide certainty to businesses thinking about entering into a partnership agreement with the games.

I should note that due to the timeline of this legislation, it is to cover the duration of the games, period. This exception to the legal test will automatically sunset before the end of 2010.

The waiver of the irreparable harm test is tremendously important. It will make it possible for VANOC to act quickly and effectively in dealing with people and businesses that are infringing on the licensing and partnership program. Make no mistake, there are already many examples of that kind of behaviour. With the legislation in place, the games will have an even clearer protection in law.

Do these protections mean that the Olympic organizers will have a free hand to do what they want, as long as they want? The answer is no. The bill has been drafted very carefully to ensure that it meets the objective of facilitating partnerships for the 2010 games, without adversely affecting the lives of Canadians.

Let me make four points to demonstrate what I mean.

The first point is that Bill C-47 only applies in the commercial context. For example, the use of a protected Olympic or Paralympic mark is only prohibited when it is in connection with a business. This “in connection with a business”, a phrase that is a direct quote from the legislation, was taken from the Trade-marks Act and has been interpreted very narrowly by the courts.

This is important because some of the news coverage that we have seen about this bill suggests that it would be used outside of a commercial context to muzzle citizens' right to free speech and prevent people from parodying the games or protesting the games, but that is not this legislation's intent or effect. Therefore, if people want to parody the Olympic games in a sketch, publish an editorial cartoon, make comments on a website or through a newspaper article, or criticize the games in any way, they can refer to an Olympic slogan or include a photo of an Olympic mascot as they see fit.

The second point is that Bill C-47 has a time limit aspect to it. All the special enforcement measures it confers lapse on December 31, 2010, with the end of the games' year.

The third point is that the bill contains a grandfathering provision that prevents it from applying to anyone who adopted and began using a protected Olympic or Paralympic mark before March 2, the date of the bill's introduction in the House. As a result, persons or companies that are already using an Olympic or Paralympic mark in connection with a business will continue to be able to do so as they had before.

The fourth point is that this bill contains a number of safeguards to protect the legitimate use of an Olympic or Paralympic mark in the business context. For example, a person may use such a mark in an address, in a geographical name of their place of business, or the extent necessary to explain a good or service to the public.

Finally, I am pleased to inform the House that in its capacity as temporary steward of the Olympic movement in Canada, VANOC has committed to avail itself of the special protection provided by Bill C-47 in a disciplined, sensitive, fair and transparent manner and will be issuing public guidelines to that effect in the coming weeks.

I want to comment on one last point on the importance of this debate on Bill C-47, and that is the international context for this legislation. As I said earlier, corporate partnerships have become fundamentally important to major events, particularly international sporting events, and governments have recognized the need to protect the intellectual property rights of the events in order to attract needed corporate partners.

In fact, similar legislation has already been passed in Canada in relation to the 1976 Montreal games. This legislation enabled the Montreal organizing committee to act swiftly in the face of potential commercial misuse of the Olympic symbols, just as this bill does. The kind of legal protection we are proposing in the bill became the norm during the 1990s.

Olympic Games in the United States, Australia, Greece and, most recently, in Italy were all successful by having strong legal protections in place for their intellectual property rights. The coming games in Beijing and London already have passed similar protections into law. Canada can and must provide the same kind of protection through Bill C-47.

People in Vancouver, Whistler, throughout British Columbia and across Canada are looking forward to 2010. We are excited to welcome the world, to showcase our wonderful country and beautiful province to the thousands of visitors and billions of viewers who are eager to see Canadians compete against the world's best athletes and succeed right here on our home turf.

We know, like in Montreal and Calgary before, these Olympic Games will provide an invaluable legacy to our country. Bill C-47 would guarantee that Canada would provide the protection that would allow VANOC to attract the corporate support necessary to ensure that the 2010 Winter Olympic and Paralympic Games are the best we have ever seen.

The games will present Canada in its most favourable light and will energize our tourism industry. These games will inspire a new generation of athletes, the next Pierre Lueders, Cassie Campbells and Beckie Scotts, and provide them with a legacy of world-class facilities so they will become our next great Canadian champions.

Like Montreal and Calgary before them, these games will occupy a unique and enduring place in the hearts and minds of millions of Canadians and citizens around the world.

I urge all hon. members to support the 2010 Vancouver Olympics and our athletes through their support of this very important legislation, Bill C-47.

[Hedy Fry, Liberal, Vancouver Centre, BC]

Mr. Speaker, I rise to speak to Bill C-47 because this is an bill respecting the protection of marks related to the Olympic Games and the Paralympic Games, and protection against certain misleading business associations and making a related amendment to the Trade-marks Act. That is what this bill is going to do.

Bill C-47 was introduced, as always is the case when there are going to be Olympic Games in any country, to protect existing trademarks, for words and symbols associated with the Olympics and Paralympics. It was also introduced to prevent unauthorized third parties from advertising in a manner that would suggest a link between their business, goods or services and the games. This is known as ambush marketing. This bill is being put forward to prevent ambush marketing.

The House needs to know that for those of us on this side of the House, especially those of us who live in Vancouver, these 2010 Olympic Games are for us an important moment in the life of British Columbia.

I recall being in cabinet when our government supported fully and whole-heartedly these 2010 Olympic Games. I recall standing there and watching our Prime Minister at the time, Jean Chrétien, standing shoulder-to-shoulder with our provincial Premier Gordon Campbell and others, absolutely shouting in glee when we won those games. We have the province, the federal government, business, and consortiums of people in British Columbia and across Canada for whom the 2010 games are an enormous issue for our province.

We know that British Columbia is a gorgeous province. We know that Vancouver is a beautiful city. We all know this. We also know that when Expo came about in the eighties in British Columbia and Vancouver that Vancouver moved from just being a pretty town to being a beautiful lady. We know the 2010 Olympics will actually make this beautiful city of mine a diva on the world stage.

There is huge support from this party, on this side of the House, when we were in government and now that we are the official opposition, for the 2010 Olympic Games. We understand fully and we support fully the principle of this bill that seeks to ensure that the existing trademark protection for words and symbols associated with both the Olympic and Paralympic Games are in fact enshrined.

Having said that, there are a couple of cautionary words that I want to put on the record. When this bill first came to my attention, I thought as critic that I would actually speak with many people within British Columbia, with the Canadian Federation of Independent Business, with athlete's groups, et cetera, to see if this bill was fine, if they liked it as it was, or if there were any amendments that they felt would make the bill better.

I heard some things that caused me to have a bit of concern. For instance, I actually talked with the Canadian Federation of Independent Business and it had no problem with the bill at the time.

I also spoke to many other people. The Canadian Business magazine had a huge article on this issue. There is some concern that what this bill is doing is actually changing the important part of the legislation. This bill would remove the usual criteria that has been in existence to date wherever Olympic and Paralympic Games have been held. It would remove the criteria that courts usually require if someone were to bring an injunction against a third party to demonstrate that in fact the games or the sponsors would suffer irreparable harm. That has now been removed.

In fact, this is causing some problems because there may be small businesses and other groups who unwittingly might do something that might cause them to have an injunction if they were to have their property and their goods, that they have been selling, seized without first demonstrating that they have caused irreparable harm and allowing them the ability to actually pay for damages that were done.

First and foremost, I think this is a little bit disconcerting to everyone involved, that people are going to be found guilty and then have to prove that they are innocent. It is completely different from the way the laws are applied. The bill would be seeking injunctions against businessmen and entrepreneurs who work in grey areas.

VANOC, to its credit, has said that it is very sensitive to this issue and that it will use its own good judgment and promised not to use this particular new power indiscriminately or without thinking carefully about it. That is good. I am glad to hear that. I have no reason to believe that this will not happen.

There are those who are slightly concerned. For instance, the BCBusiness Magazine was a little concerned about the enforcing of unregistered trademark rights where some general words in the Olympics are now going to be used, words that concern everyone like the simple word “winter”. Used alone, “winter” could be an infringement of a trademark. The simple word “gold”, which is a word that one uses all the time, could be used to infringe on a trademark. The simple word “medal”, or the word “tenth”, may infringe this particular piece of legislation. There are 58 such words and symbols that are going to be brought in and may cause concern.

Many people, especially legal people who have been involved in looking at intellectual property laws et cetera, have asked for some caution. For instance, we have heard from a Canadian research chair in Internet and ecommerce law, from the University of Ottawa Faculty of Law, who has said that experience in other countries during an Olympics suggests that this legislation would create a chill for artists, bloggers, and social commentators who fear that their legitimate expression may lead to a date in court.

What does this mean? What is it going to mean to them carrying on their ordinary work and in fact even asking questions about the games in a blog or asking questions in an email about the games? This could infringe on their rights. This could infringe on their ability to simply put forward any kind of social commentary on the games.

Second, because the bill gives VANOC the power to obtain an injunction to stop the distribution of goods that might violate the law, this provision eliminates the traditional requirement, as I said earlier, to demonstrate irreparable harm. Many people are concerned that they will be found guilty before they have even proven that they will not.

We have heard from a UBC professor, who does intellectual property law, who has said that she has a problem with the games because while everyone understands, and we on this side of the House are in full agreement, that one must protect the interests of corporate sponsors of the games, this is going to make it very difficult for the little entrepreneur who does not have the ability to go to court to support his or her claim in terms of not infringing this property right. This is another problem.

I am going to give the House two examples, one of them is quite humourous. In 2005 a small group was trying to get funds in order to save endangered ferrets. This group organized something called the ferret olympics in which ferrets were going to do feats of daring and out of that this group would raise money to protect the ferrets.

As a result of the 2005 U.S. Olympics committee's changes and protection, the organizers could not call their games the ferret olympics so they had to cancel them. We heard very clearly that the decision came as a special disappointment to a ferret named Spaz who was actually hoping to win the gold in the ferret olympics. We can see how this, which was well meaning, can have some consequences. This case is humorous but another case may not be.

I have a pizza parlour in my riding called the Olympia Pizza and Pasta Restaurant. Many Greeks use the word “olympics”, “olympia” or “olympian” because this is a part of Greek tradition and Greek mythology. The owner has been asked to remove signs from his restaurant because of these coming Olympics. It is alarming because we have found in the Vancouver region alone 15 businesses that use the word “olympic” and have been using it for years, ranging from a real estate office to a boat centre, and actually to a local sex therapist who uses the word “Olympics” in the name.

We have to be careful of the unintended consequences of what in effect is a very good bill and one that this side wishes to support. Of all of the principles that it entails, we feel that there are some elements that should be looked at.

We would like to see the bill actually go to committee. We would like to see the committee ask for witnesses to come forward, not only VANOC alone, but representatives of small business, some of the legal teachers and professors who deal with intellectual property law. We would like to see the actual athletes because we have spoken to Athletes Canada and it has told us that it has some concerns.

For instance, an Olympic athlete living in a small town in Canada will have all of the little sharks in the area wanting to help the guy or the girl to get there and win gold, so they raise money to help the athlete with travel and with all of the things he or she needs. In raising that money, they may hold an event in the city, in the little town, and the event may say “Help Joe Smith get to the Olympics” and “Help Joe Smith win gold at the 2010 Olympics”. Right now Athletes Canada fear that it may not even be able to say that because that would be infringing on the trademark. The fundraising that goes on in little communities who are so proud of their athletes may be jeopardized. I am not saying it will be, but I am saying it may be.

I am asking for a bit of caution to occur at committee and that we ask certain groups to attend. Athletes Canada should come and be present as a witness. We would like to ask the intellectual property law people to come and be present as witnesses. We would like to ask small business communities to come and the Federation of Independent Business should come as well as VANOC.

If there are any things that could create negative, unintended consequences in the bill, then we would be able to amend it at committee. Therefore, we will not have some of these negative, unintended consequences, which I know, having spoken with VANOC and having been a strong supporter of the games, is really something that it would not like to see happen.

I do think we would like the bill to go to committee. We would like the right number of witnesses to come to committee, so that this could be dealt with and then we would be able to stand in the House and, in an unqualified manner, fully and completely support an amended Bill C-47.

Right now I support Bill C-47, but with the qualifications that I spoke about. They are simple things to do. With good intentions we can all come to committee and deal with these issues very clearly in an open and transparent manner, get them fixed, get some of the little things that concern people looked at, so that we can be able to finally say that here we go, these will be the best Olympic Games that Canada has ever seen. And of course, Whistler and Vancouver will shine and we will suddenly have everyone wanting to come to a province and to a city, to the most unusual Olympic Games that have ever happened in the history of the Winter Games.

People will come to a place where they can ski on the mountains, and play golf and soccer on the green grass of Vancouver at the same time. I do not think there have been any other Olympic Winter Games anywhere that people could do that because it has always been winter everywhere. People can have winter up in Whistler and come to Vancouver and cycle under the cherry blossoms that tend to bloom in early March and February in my province of British Columbia in the city of Vancouver.

We are proud of the games and support them. We support the intent of Bill C-47.

I would just like to reiterate that we do have some concerns. This did not just come out of the Liberal caucus. We have spoken to business. We have spoken to professors of intellectual property law. We have spoken to many people who would like to have some assurances and some clarification that in fact this will do exactly what it was meant to do, which is to protect the Olympic and Paralympic symbol, but that it will also protect the small business people who are also trying to be part of the games and who want to ensure that their athletes get to do the best they can. They want to join in the support. They want to use with pride some of the things that at this moment they are very concerned that they may not be able to use.

Having said that, I am prepared to answer any questions that anyone may have to ask me and to make it very clear that I hope the bill will move to committee, so that we will get the kinds of problems we are concerned about discussed and amend the bill so that everyone can enjoy what I know will be the greatest Winter Olympics that the world has ever seen. They will be held in a multicultural community having huge cultural and artistic forms of expression, with the aboriginal people of the west coast, a proud people, being there to display the beauty of aboriginal culture along with all of the many other cultures there including the Chinese, Asians, Ukrainians, Scots and Celts, all of whom have a huge role to play in our part of the world.

One of the things that sold us on the 2010 Olympics was that this was not just going to be about winter sports but this was going to be a place where Canada would show that it is the global nation. Canada is going to show that it is a place where everyone from every culture can come together and stand together with common values and experiences while being very proud of that global culture that is theirs. They want to showcase it to the world, to showcase a remarkable city and a remarkable mountain that is Whistler. It can be a winter Olympics at its best with beautiful green grass and flowers as one travels half an hour down from Whistler to see what Vancouver can be like during the winter, green and beautiful.

This is going to mean a lot for Canada. We wish that the games will be successful. We wish to see this piece of legislation being amended in a way that makes it extremely successful.

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, I listened carefully to the speech by the member for Vancouver Centre. One of the things she talked about was a business owner in her riding who was pressured to remove any mention of “olympic” or "olympia” from signs that had been on his business for years. This surprises me, because Bill C-47 allows businesses to use names related to the Olympics if they have been using them for some time.

I would like the member to tell us who was putting pressure on this businessman. How did he react? Is that the type of witness she would want to appear before the committee, people who, just like this businessperson, were pressured, so they can explain how they have been doing business for years? And how keeping this word in the company name would bring back regular customers? Alternatively, could changing the name for one year cause major harm to his business and its long-term viability?

[Hedy Fry, Liberal, Vancouver Centre, BC]

Mr. Speaker, that is a very good question. The Vancouver Olympics organizing committee, VANOC as it is called, had in fact warned that particular businessperson about the use of the Olympic name, the Olympic rings and torch. He had been using them for quite a few years. I actually ate pizza at his place one time. The point is that VANOC suggested that it would grandfather businesses that are using the Olympic name and symbols but it will only grandfather the ones who had been using them prior to January 1, 1998.

If after January 1, 1998 someone started a business and called it “Olympic”, “2010”, “sea to sky” or any of those things, the business could face some sanctions. This is what people would like to be clarified. Many people feel that while VANOC has given its promise, and as I said I have no reason to suggest that VANOC will not keep its promise, that it will not be indiscriminate and that it would use its judgment. Many people say that they do not know what its judgment is going to be and they do not know what is meant by it saying it will be fair.

The people would only be depending on VANOC's judgment but they would like to depend on the courts as they used to have to do, where it had to be proved that there was irreparable harm being done. People are saying they are going to be found guilty, their stuff is going to be taken away and then they would have to go to court to seek redress. It is the opposite of what it used to be.

Businesses want some assurance that it is not going to happen to them and that they do not only have to depend on the goodwill of the Vancouver organizing committee.

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, in regard to the organization of the 21st Olympic Winter Games in Vancouver and Whistler in 2010, we are asked today in our role as parliamentarians to take an additional step toward the establishment of clear, specific rules applying to all companies that wish to take part in this celebration. As the Bloc critic for sports, I would like to add my voice to all the others debating C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games, introduced last March by the Minister of Industry.

I would like to say, first, that this bill will enable the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games, usually called VANOC, to comply with the requirements of the International Olympic Committee or IOC, with which it has a contract. In order to abide by the rules in the Olympic Charter, VANOC must agree to take appropriate steps to adequately protect the Olympic words and symbols, failing which it could be subject to IOC sanctions. Chapter 1 of the Olympic Charter states that “IOC approval of Olympic emblems may be withdrawn unless the NOCs concerned take all possible steps to protect their Olympic emblems and inform the IOC of such protection”.

The current Trade-marks Act already protects Olympic and Paralympic marks against fraudulent uses, but in view of the considerable contribution from private partners, VANOC would like the House to pass more narrowly focused legal protection in order to reassure all its partners and the IOC. Parliament already passed similar legislation at the time of the Montreal Olympic Games in 1976. In addition, other host countries over the last few years have met the requirements of the Olympic movement by passing legislation to protect Olympic marks. This was done in the cases of the Sydney games in 2000 and the future summer games to be held in London in 2012.

If used wisely, the new legislation will not infringe on the rights of citizens and athletic associations that want to join in the Olympic spirit but will help companies that commit large amounts of money to the Olympic adventure to protect their investment. In order to ensure that it will still be possible in the future to hold similar events, it is important to establish a climate of confidence that encourages sponsors to become involved.

Bill C-47 deals, therefore, with counterfeiters and unauthorized use of the fame or popularity of an event, something that experts call “ambush marketing.”

The main sponsors of the Vancouver Games support the early adoption of this bill, since ambush marketing is a form of parasitism allowing an advertiser to try to associate itself with an event or simply to take advantage of some of the advertising surrounding an event without really taking part in it. By facilitating legal remedies for hijacked Olympic and Paralympic marks, the bill will enable VANOC to guarantee exclusive rights to the authorized sponsors and thus contribute to the funding of the event. In other words, as I said earlier, this bill will assure the companies who are becoming partners in the games that their investment will be respected, and also give VANOC additional leverage to raise sufficient funds.

Although we support this bill out of respect for the players in Quebec’s and Canada’s sports community, I wish to say that we also want to support the small business owners who, without meaning any harm, wish to celebrate the holding of the games in their region. Accordingly I would remind the House that VANOC undertook to use this legislation as minimally as possible, exercising judgment and fairness. Exceptions are also provided for in some cases so as not to hurt companies that may have begun using a term linked to the Olympics prior to January 1998, and the act itself will be valid for only a limited time, that is, it will cease to apply, as provided in clauses 13 and 15, on December 31, 2010.

VANOC also intends to undertake a campaign to educate people about the Olympic mark and it will define clear guidelines pertaining to use of the mark, while encouraging communities to play an active part in the games so that all the potential players in this project, citizens, large corporations, associations and small business owners, feel included in the event and become fully involved in it.

Protecting Olympic and Paralympic marks—including all names, phrases, marks, logos and designs relating to the Olympic movement—guarantees that only authorized sponsors will be able to use them. As a result, no person or business will be able to appropriate them without contributing to the financial support of the games. It is very important to understand that, out of an operating budget totalling $1.7 billion for the Vancouver Games, commercial partners contribute approximately $725 million. Thus, according to VANOC:

Revenue from sponsors and licensees is critical to the successful staging of the 2010 Winter Games, increased funding for Canadian athletes, and sport and cultural legacies for all Canadians.

I would like to take a moment to examine that quotation. The sport and cultural legacy of the Vancouver Games referred to by VANOC also means that we have to give thought to respect for bilingualism, both in the preparations for the games and during the games themselves. I would remind the House that, in October 2005, a cooperation agreement was signed between the Government of Quebec and VANOC in order to promote linguistic duality and the specificity of Quebec's culture and identity. This agreement also provides that the Government of Quebec will support VANOC in its efforts to guarantee the presence of French at all stages of the games, which is also required pursuant to the Olympic charter, since the two official languages of the Olympic movement are French and English.

I would point out that, despite that agreement, in a report tabled in February 2007 entitled Reflecting Canada's Linguistic Duality at the 2010 Olympic and Paralympic Winter Games: A Golden Opportunity, the members of the Standing Senate Committee on Official Languages stated:

—there are still a number of challenges to ensuring the full and fair consideration of the two official languages at the 2010 Games. The committee feels that concrete and immediate action must be taken to guarantee compliance with linguistic criteria in the selection of host cities, in the provision of adequate funding for French-language organizations in setting up projects for the 2010 Games, in the representation of French-language communities in VANOC and in the cultural celebrations associated with the Games, in the broadcasting of the Games to the entire English and French audience and regarding bilingual signage outside the host cities.

Although VANOC is committed to respecting both official languages, it still has to take the necessary measures in order to keep that commitment. One of the key problems concerns the televised broadcast of the events. We must absolutely ensure that the television viewers are respected, by asking the responsible broadcasters to assure the French and English audiences equal coverage of the events.

These games provide Quebec and Canadian athletes an opportunity to measure what they are made of, their talent, their strengths and their perseverance. For the spectators as well, whether they are attending the competitions or watching them with interest on television, the Olympic Games are important. During this international event they will see themselves in the athletes representing them, they will identify with their challenges and victories and they will be inspired. This sense of identification and pride is achieved by respecting French and its development.

Respecting bilingualism in Vancouver is especially important. Although French has official language status within the Olympic Movement, this status did not stop it from declining on a number of levels during the last games. As Grand Témoin de la Francophonie for the Turin Olympic Games, Lise Bissonnette said, “We should be telling cities which make a bid to stage the Olympics that they must make commitments set in stone when it comes to official languages, and they will have to demonstrate how they intend to meet these commitments”. For now, it is deplorable that the linguistic duality of the cities making a bid to host the games is not considered, whether within the International Olympic Committee or the Canadian Olympic Committee.

Looking beyond the confines of the Olympics, the members of the Standing Senate Committee on Official Languages also deplore, in their report, the fact that French and English are not accorded the same status in the Canadian sports system. For example, although Canada's sports policy provides for some measures to support bilingualism, this is not the case for the policy on sport for persons with a disability. According to all the witnesses convened by the committee, a great deal of work remains to be done to ensure that athletes are provided services and support mechanisms in both official languages equally.

Also according to the committee's report, Sport Canada acknowledges that there is still much to be done to ensure that francophone athletes have equitable access to high performance sport. Worse yet, in a study published in 2000, former official languages commissioner Dyane Adam stated that the shortcomings of the Canadian sports system with regard to language were detrimental to the overall development of francophone athletes.

If, on a daily basis, the French language is used improperly or neglected in the Canadian sports world, we must be even more vigilant in order to ensure that it is given its due at the Vancouver Games. Ultimately, French must be integrated into the development of Canada's Olympic philosophy.

According to the Olympic Charter, olympism is a philosophy of life exalting and combining in a balanced whole the qualities of body, will and mind. Blending sport with culture and education, olympism seeks to create a way of life based on the joy of effort, the educational value of good example and respect for universal fundamental ethical principles. Olympism is more than just an attitude, it is a way of life, a mindset passed from generation to generation. The Vancouver Games will serve to promote sport and develop athletes. The young athletes whom I recently encouraged at the Canada Games were inspired by those who came before them and, in turn, will inspire those competing in 2010.

As well, every year, the Quebec Games make a not insignificant contribution to development of the Olympic spirit. Sports-Québec and everyone who contributes to organizing this great coming together are motivated by a desire to pass on the values of Olympianism to young people. This sporting event, an innovative initiative on the part of Quebec, helps to encourage the emergence of the sports elite of tomorrow. The young athletes who participate are, like the Olympians, motivated by an exceptional desire to surpass their limits. They put all their heart, the best of themselves, into every competition. For them, these championships are the Olympics, on their own scale. These meetings are often where they find the motivation they need to pursue their efforts and achieve ever higher objectives.

Because these games are an important step on the road that leads to the Olympiads, I also want to thank the volunteers who commit themselves body and soul to events such as these, and I am not forgetting the host cities, which put vast storehouses of energy into carrying out their mission. Here, I am thinking particularly of the RCM L'Assomption, which hosted the Winter Games last March, and the city of Sept-Îles, where the 43rd finals of the Quebec Games will be held from August 3 to August 11 of this year. In fact, I will take this opportunity to issue an invitation to everyone who would like to come and witness the vitality and enthusiasm that are the hallmark of the next generation of Quebec athletes

When I think about the Olympic spirit, a few names immediately spring to mind. For the Hamelins who live in Sainte-Julie in my riding, speedskating is more than a sport, it is a fundamental part of family life. Everyone in Quebec is now familiar with Charles Hamelin, who won silver in Milan last March at the short-track speedskating world championships. A few days later, he won the world team championships in the same event. Charles also left his mark in Turin in 2006. It seems that before long the name of his brother François will be equally familiar to sports fans in Quebec.

At the 2006 Soirée des lauréats montréalais, François, who already held the national junior 1000 metre record, was named most promising athlete, while the father of these two champions, Yves Hamelin, was named development trainer of the year. The two brothers started skating at a very young age and have benefited from the wise counsel of their father. This invaluable spirit of emulation is the spirit that the Olympic Movement seeks to promote.

Along the same line, the successes experienced today by Charles Hamelin, François-Louis Tremblay, Olivier Jean and Kalyna Roberge, to name just a few, are not unlike the past successes of the great skater Marc Gagnon, who was recently inducted into the Canadian Olympic Hall of Fame. Gagnon, a four-time world champion and two-time silver medalist, and a member of the Canadian team since the age of 15, ended his prolific career after the Salt Lake City Olympic Games in 2002, where he became the most decorated Winter Olympics athlete in the history of Quebec and Canada. After participating in three Games and winning five Olympic medals, three of them gold, he overtook Gaétan Boucher, another iconic figure in Quebec sport. Perhaps even more than the impressive number of titles and medals he collected, it is Marc Gagnon’s energy and personality that made him one of the leading Quebec athletes of recent years. It is that spirit that he has passed on to the next generation, so that they can, in a way, carry on the Olympic lineage.

In other disciplines as well, this lineage is very clear. If Alexandre Despaties, a triple god medal winner at the Grand Prix de Montréal just a few weeks ago, is now one of the most highly regarded Olympic hopefuls in Quebec, it is because others have shown him the way. Sylvie Bernier’s victory at the Los Angeles Olympics, in 1984, is linked to the success of Despaties, who recently was presented with an international award as best diver in the world, in recognition of his performance in the past four years.

The Olympic spirit is very much alive in the Quebec sports community. Among the people who exemplify this ideal in a very striking way, I would also like to mention the great wheelchair racing champion, Chantal Petitclerc. Since 1992, Chantal Petitclerc has won 16 Paralympic and one Olympic medal. She is the holder of several world records and continues to campaign for recognition of her sport as an official Olympic event. Since 1995, she has been the spokesperson for Défi sportif des athlètes handicapés, which this year included nearly 3,000 competitors. In addition to being an exceptional athlete, Chantal Petitclerc has a gift for expressing the passion that motivates her, so that she is a much sought-after speaker. She was recently included among the list of most-admired personalities in Quebec not only because of her success in sports but also for her glowing personality. Strength, courage, tenacity, balance, and good humour: Chantal Petitclerc is, outside the sporting arena, an incredible source of inspiration.

Before concluding, allow me to salute Christiane Ayotte and her entire team of researchers who tirelessly devote their efforts to overcoming the devious methods of those individuals for whom gold justifies any means and who do not hesitate to put the health of young people at risk in their search for super-human performances. Thanks to their laboratory police work, the great striving for excellence, in the spirit of the Olympic motto, “Swifter, Higher, Stronger”, can be carried out in a healthier manner.

While couch potatoes are increasingly taking the step to a more active life, we must provide an opportunity for everyone, on a daily basis, to draw inspiration from the examples of courage and perseverance of our athletes. For that reason, we must give VANOC all the necessary legislative tools for completing the colossal task of holding a modern Olympiad, where financial and commercial interests must be blended as closely as possible with environmental, social and, of course, sporting success.

You will, therefore, understand why the Bloc Québécois will support Bill C-47 in principle at second reading and we will listen with great pleasure to the witnesses who are called before the Industry committee in order to learn more.

[Keith Martin, Liberal, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I have a couple of simple questions for the hon. member.

However, before I do that, I have to pay homage to Bob Saunders and the Saunders family in my riding of Esquimalt—Juan de Fuca, Harry Kuiack and others of the West Shore Chamber of Commerce who are involved with sports tourism. Bob Saunders has done a great deal in supporting Olympic grade athletes, and my community owes him and his family a great deal of thanks.

Is the hon. member dismayed that the government is not sponsoring in any way, shape or form the Paralympics in 2010 in Vancouver? For the first time, the federal government is not providing any money to the Paralympics, which is quite surprising given the activities of the member for Cariboo—Prince George who has been a leader on the government side in this area for a long time.

Does my hon. colleague from the Bloc think the federal government should give financial support to ensure that the Paralympic aspect of the Olympics in 2010 in Vancouver will receive its fair share of money?

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, I would like to thank my colleague for his very interesting question, which gives me the impression that he wants to emphasize the fact that paralympic athletes are athletes in their own right.

These athletes deserve respect and the means they need to achieve their dreams and make the most of their talent. As I said in my speech, Chantal Petitclerc is doing excellent work to build awareness among all stakeholders, including, of course, the government, as well as the sponsors and everyone else involved in sports, that these athletes are the real deal. What they do is every bit as remarkable as what athletes who participate in the regular Olympic Games do.

Perhaps the entire Olympic Movement should ask itself some questions about recognition for paralympic athletes. I hope that one day the movement will stop creating an artificial distinction between these two types of exceptional athletes.

Mr. Speaker, I am sure that if you or I, who are not physically disabled, had to compete against a paralympic athlete, we would quickly be defeated. Like all athletes, these people train every day and do their best. These athletes must receive the recognition they deserve.

[Keith Martin, Liberal, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, there is another aspect I would like to address with my hon. colleague.

In my riding we have an extraordinary organization that is trying to put forth quite a remarkable initiative called “PacificSport”. PacificSport by Roger Skillings and others is a collaboration between Camosun College and other organizations within the community. PacificSport is an institute that trains not only high-grade athletes, but it also does incredible research into health care pertaining to sport.

We know that childhood obesity is a major problem in our country. One of the things we could do that would significantly have a positive impact upon the health of all Canadians and diminish our costs in terms of health care would be to put forth a plan with our provincial counterparts in health and education to do something along the lines of keeping and ensuring that physical education would be an obligatory part of children's schooling from K1 all the way up to and including grade 11, which is a very simple thing to do.

PacificSport does a lot of research and work that allows Canadians to have access to these kinds of programs, which could be decimated across the country.

I am dismayed that the government has chosen not to make any financial input into the institution, even though the provincial government of British Columbia has put in a very large chunk of money. It is really a national organization, a national program, that would benefit Canada from coast to coast, and even beyond.

Does my hon. colleague not think the relevant ministers, such as the Minister of Health, should work with provincial counterparts to ensure that the federal government works with the provinces to implement solutions for children from an early age so physical activity would be a part of their schooling from K1 to grade 10? Does he not think this would be a very useful thing, in terms of improving the health care of children and adults, into the future?

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, I again thank my colleague from Esquimalt—Juan de Fuca for his question.

Of course, like him, I think that our young people should do more activities, be more active; they should spend less time in front of the television or the computer playing video games. Juvenile obesity is a major blight on society today.

However, I do not agree with him that this should all pivot around a cross-Canada program. In the Standing Committee on Health, when we were discussing the issue of juvenile obesity, we asked our colleagues from all the other parties to acknowledge the efforts being made by Quebec and the provinces in this area, since people’s health, sports, physical education and education are provincial matters.

We asked them to recognize this jurisdiction but unfortunately they did not do so. We asked them for this because the Government of Quebec has already implemented a program to try and energize our young people again, to give them more opportunities to take part in sports, to have more sports recreation.

Instead of creating two or three competing programs, it would have been much more logical—and it is still a lot more logical—to give the money to the government that has already put a program in place. This way we could have given the program more force, power and effectiveness. The problem of inactivity among young people, and in all age brackets, exists. In my opinion, the whole population should move more, because movement is what prevents illness. More funding should be given to the government that has responsibility. And in this case I consider that it is the governments of Quebec and the provinces that are responsible.

[Keith Martin, Liberal, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, on a related topic, my hon. colleague brought up the issue of children being sedentary too much of the time, which is along the lines of what I mentioned earlier in terms of childhood obesity. It is really unfortunate that we have come to be a society in which children are spending so much time in front of the screens of computers, televisions and other small hand-held devices--