The House is on summer break, scheduled to return Sept. 15

Copyright Modernization Act

An Act to amend the Copyright Act

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Tony Clement  Conservative

Status

In committee (House), as of Nov. 5, 2010
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-11 (41st Parliament, 1st session) Law Copyright Modernization Act
C-61 (39th Parliament, 2nd session) An Act to amend the Copyright Act
C-60 (38th Parliament, 1st session) An Act to amend the Copyright Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-32s:

C-32 (2022) Law Fall Economic Statement Implementation Act, 2022
C-32 (2021) An Act for the Substantive Equality of French and English and the Strengthening of the Official Languages Act
C-32 (2016) An Act related to the repeal of section 159 of the Criminal Code
C-32 (2014) Law Victims Bill of Rights Act

CopyrightPetitionsRoutine Proceedings

March 9th, 2011 / 3:20 p.m.


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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I am honoured to present a petition signed by over 1,200 people in my riding alone, calling on all parliamentarians to amend Bill C-32 on copyright, to restore balance. In its current form, the bill inordinately benefits big business, to the detriment of our artists.

Some artists came to Ottawa in their tour buses. At the time, members of the opposition parties, including the Liberal Party, said they would support the artists' demands. Unfortunately, the leader of the Liberal Party has since withdrawn his support. He changed his mind. I hope this petition will convince him to go back to his original stand.

CopyrightStatements by Members

February 15th, 2011 / 2:05 p.m.


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Conservative

Dean Del Mastro Conservative Peterborough, ON

Mr. Speaker, today in the special legislative committee dedicated to Bill C-32, we heard from groups representing students from colleges and universities. We also heard from the Canadian Museums Association.

The message we heard very clearly was that Bill C-32 was indeed balanced. We also heard that the Bill C-32 opened up opportunities for the future for Canada's economy, for our students, for our places of higher learning and for industry.

My question for opposition members is very simple. Why are they obstructing and delaying Bill C-32 at committee? Why are we not getting the additional meetings we need for the consideration of the bill so we can return it to the House and open up opportunities for Canada? Why are they holding up protections for creators? Why are they holding back Canada's digital economy?

CopyrightOral Questions

February 4th, 2011 / noon


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Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Mr. Speaker, this week, representatives from 90 cultural organizations in Quebec and Canada have denounced Bill C-32 on copyright. They demand major changes to the bill to meet the needs of creators. By introducing a number of exceptions to copyrights, the Conservatives' bill robs creators of their livelihood.

Why is the government attacking the livelihood of artists who, for the most part, receive only a modest income?

Canadian Broadcasting CorporationOral Questions

February 4th, 2011 / 11:40 a.m.


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Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, it is remarkable. The Conservative government, our party, campaigned to maintain or increase funding for the CBC and we have done that each and every year. We have kept our word regarding the CBC and it knows it can count on us.

Do members know what artists and creators cannot count on? They cannot count on the support of the Liberal Party. Bill C-32, the balanced copyright legislation, is before the committee and the Liberals will not allow the committee to meet enough to get that bill through this House. It is a shame and a disgrace.

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, following the example of the Quebec National Assembly, the Union des consommateurs, the Barreau du Québec and various groups of artists and artisans, including ADISQ and UDA, now the City of Montreal has also said that Bill C-32 should apply the principle of private copying and thereby guarantee that Quebec creators receive compensation in accordance with the value of their intellectual property. Contrary to the minister's scornful remark, it is not just a handful of musicians who oppose his bill.

When will the minister decide to make significant changes to his bill and give creators fair compensation?

Democratic Representation ActGovernment Orders

December 16th, 2010 / 11:35 a.m.


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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am extremely pleased to take part in this debate because that way, I, like my colleagues, am fulfilling the mission for which Quebeckers sent us to the House, which is to defend unconditionally the interests of the Quebec nation.

I would like to begin by saying that Bill C-12 on “democratic representation” is a direct attack on the Quebec nation. I am here to say that the Bloc Québécois, as we have been saying for months, will oppose this bill and do everything in its power to prevent the bill from passing. We currently have a minority government, and an election could be called in the next few weeks or the next few months. Our goal is to make this proposed marginalization of the Quebec nation a key issue in Quebec during the next election.

On November 22, 2006, the Conservative government moved a motion recognizing the existence of the Quebec nation. As a nation, we did not need this recognition to exist, but it was nonetheless interesting to see that almost all the parliamentarians in the House recognized the existence of this nation; that was a first. The government should have followed through on this recognition, should have walked the walk by introducing a series of measures.

Naturally, Bill C-12 does not walk the walk when it comes to recognizing the Quebec nation. On the contrary, this bill denies the existence of this nation and marginalizes its representation in federal institutions here, in the House of Commons.

The proportion of the population cannot be the only factor in determining the representation of each of the regions of Canada. If that were the case, Prince Edward Island, which currently has four members of Parliament, would certainly not have as many. Prince Edward Island has approximately the same number of people as a Montreal borough, which generally does not even have one member of Parliament. We understand that, and it is absolutely fine.

We have the same thing with the Îles de la Madeleine in the Quebec National Assembly. We understand that no democratic institution, including the House of Commons, can be an exact mathematical representation of the proportion of the population. This means that an important factor in the debate right now should be that the recognition of the Quebec nation must give it the political weight it requires in federal institutions to ensure that its voice be heard.

Unfortunately, Bill C-12 does the complete opposite. This was mentioned earlier by an NDP member. He said that with Bill C-12, the proportion of members from Quebec in the House will be less than its demographic weight. We believe that Quebec should always have at least 25% of the seats, as was the case at the time of the Charlottetown accords. We should all agree on that. My colleagues know that we are far from agreeing on that.

In Quebec, there is strong, virtually unanimous, opposition to Bill C-12. The Quebec National Assembly has, on several occasions, taken the stance that this bill should be withdrawn. Previously, before the September 2008 election, Bill C-56 gave 26 additional seats to the Canadian nation.

As of the moment the House of Commons acknowledged the existence of the Quebec nation, there have been at least two nations within the Canadian political landscape. In fact, there are more if you consider the first nations, but that is a separate acknowledgement or another way to handle nation-to-nation relationships. In this case, the Canadian political landscape is made up of two major nations: the Canadian nation and the Quebec nation. Bill C-56 would have given the Canadian nation an additional 26 seats, and we were opposed to that. We now have even more reason to object to Bill C-12, which would give it 30 seats.

It should also be mentioned that the Prime Minister and the Conservative Party did not act on Quebec's concerns about Bill C-56. What is worse, Bill C-12 is, in some ways, more reprehensible than Bill C-56. It is clear that this bill is about winning Canadian and Conservative votes. Not only did they not try to find a compromise and a balance to ensure that the Quebec nation is heard in federal institutions, but they introduced a bill that gives more to Ontario, at the expense of the Quebec nation, to ensure that they have more support in the next election in order to perhaps, eventually, win a majority government.

Bill C-12 is even more reprehensible because it adds four seats, which is a slap in the face to the Government of Quebec and the National Assembly after all the submissions they made. I want to remind this House that the 47 Bloc Québécois members and the 125 members of the National Assembly of Quebec are opposed to Bill C-12. That makes 172 out of 200 elected representatives in Quebec who are opposed to this bill, just as they were opposed to Bill C-56. More than 85% of MNAs and MPs from Quebec are opposed to this bill.

Canada should listen to the elected representatives of the Quebec nation and withdraw this bill. In addition, it should keep the proportion of MPs from Quebec at 25%. If the political will is there, formulas will always ensure that the democratic representation in the House reflects Canada's demographic reality, just as it does Quebec's demographic reality. There are other criteria that must be considered, because representation cannot be based on population alone. We can agree on formulas.

For example, if we increase the number of representatives from Canada in the House, we also have to increase the number of representatives from Quebec to keep the proportion at 25%. Quebec would be quite open to this solution, which might make it possible to reflect the demographic realities of faster-growing provinces in western Canada, such as British Columbia and Alberta.

We could also base our approach on what is done in the National Assembly of Quebec, where there are 125 seats and the chief electoral officer of Quebec regularly makes changes to reflect population movements. These are not easy debates. In this case, they take place in Quebec. Sometimes, some regions gain ridings while other regions lose them. But the National Assembly still keeps 125 seats. We could come up with a different breakdown of the current 308 seats in the House, while reserving 25% or so for members from Quebec.

It is not that we do not wish to allow Canada to change its representation to reflect the changing Canadian reality, but rather that this cannot be done at the expense of the interests of the Quebec nation. Benoît Pelletier expressed this very idea, on May 17, 2007, with regard to Bill C-56 which, I will remind members, was the forerunner of Bill C-12, although the latter is even more reprehensible because four more seats are involved. I will thus read what he said when he was intergovernmental affairs minister in the Government of Quebec.

I appreciate that the House is based on proportional representation. But I wonder whether there might be special measures to protect Quebec, which represents the main linguistic minority in Canada, is a founding province of Canada and is losing demographic weight. Why could Quebec not be accommodated because of its status as a nation and a national minority within Canada?

It should be noted that Benoît Pelletier is not a sovereignist but a federalist. He clearly understood the essence of a true confederation.

I would also like to remind members that in 1840, when the United Province of Canada was founded, the population of Lower Canada was much larger than that of Upper Canada. At that time, there was more talk about the French-Canadian nation than about the Quebec nation. The political leaders of the French-Canadian nation made the argument with French Canadians, with the population of Lower Canada, for an equal division of seats between Upper Canada and Lower Canada in the central legislature at that time. From the beginning, it was understood that political arrangements were needed to ensure that the two nations could talk to one another as equals.

The spirit that existed in 1840 should have guided us in 2010. Unfortunately, we are forced to acknowledge that we have lost that spirit because the sense of confederation no longer exists. We have a government that is increasingly centralist and, in reality, this is a confederation in name only. It is a political system where the central government, the federal government, has more and more powers, especially because of its pseudo-spending power in provincial areas of jurisdiction.

In this regard, I would like to remind the members of the House that this winter, during this session, the Bloc Québécois introduced a motion to eliminate the federal spending power in areas under the jurisdiction of the provinces and Quebec. The Prime Minister promised that this would be done and the hon. member for Beauce suggested that this action be taken several days before we introduced the motion. Unfortunately, all the Canadian federalist parties opposed the motion. This is yet another sign that the existence of a Quebec nation is not actually recognized.

This lack of recognition is particularly true on the part of the Conservatives, as we later saw. The Conservatives recognized the Quebec nation for opportunistic electoral reasons. They were trying to show Quebeckers that they were more open-minded than Jean Chrétien's Liberal government. However, this recognition and open-mindedness was merely a symbolic gesture—like a rose in someone's lapel—with no concrete meaning.

We have seen other examples of the government's refusal to eliminate the federal spending power. I remind the members of the House that I myself introduced a bill to apply the Charter of the French Language to companies under federal jurisdiction in Quebec, companies such as banks, interprovincial and international shipping companies, and broadcasting and telecommunications companies. We proposed this bill so that the 225,000 workers in Quebec who are not currently protected by the Charter of the French Language could be. With the exception of the NDP members, who were divided on the issue, all of the Canadian federalist parties opposed the bill. This just goes to show the lack of recognition of the Quebec nation and its common language and one official language, French. Once again, the parties wanted to perpetuate the myth of bilingualism when we know full well that, in the rest of Canada, the French-Canadian minority is, unfortunately, gradually being assimilated, despite the laws that, in theory, are supposed to protect francophones.

This is also quite obvious when it comes to the national culture of Quebec and Quebeckers. The Minister of Canadian Heritage and Official Languages once again introduced Bill C-32, which has been denounced by all creators, artists and singers in Quebec. This government has shown nothing but complete indifference. I must say, Quebec is not the only place that abhors Bill C-32. Many Canadian artists are also denouncing it, but Quebec's voice has been much louder than that of anglophone artists in Canada. So, once again, a direct attack is being launched on Quebec culture. This is another example of the failure to give tangible expression to the recognition of the Quebec nation. Very clearly, the bill before us is meant to favour the major broadcasters and the major Canadian and American producers, to the detriment of artists' copyrights.

Once again, this all proves that tangible expression will never be given to the recognition of the Quebec nation—not under the Conservatives nor under any federalist party.

If the government had really taken the Quebec nation into account, it would never have introduced Bill C-12. Something else would have been arranged, like what was agreed upon in Charlottetown, that is, 25% Quebec representation in federal institutions.

The old Constitution, the 1867 Constitution, contained provisions whereby the French-Canadian nation, which was based in the Lower St. Lawrence region and in Lower Canada as a whole, had accepted that the English-Canadian nation should have equal representation. Things have changed since then.

French-Canadians who live within Quebec's borders now identify themselves as Quebeckers. Everyone who lives in Quebec considers themselves part of the Quebec nation. People no longer talk about a nation based on ethnicity. The same is true of the Canadian nation. It is not a nation made up of English-Canadians or people only of British, Scottish or Irish origin. Now everyone agrees that people who live in Quebec, those who are permanent residents, who have citizenship, regardless of their place of birth, their religion or their mother tongue, are Canadians or Quebeckers.

We also have to recognize that in that context, Quebec remains the heart of the Francophonie, not just in the Canadian body politic, but in all of North America and even the Americas. Except for Haiti, Martinique and Guadeloupe, where French is spoken, the only place where French is the primary language is Quebec.

We have to take this reality into account in order to make the political voice of Quebec heard in the House. Mr. Gérin-Lajoie made the same arguments when he was education minister in the early 1960s under the Liberal government of Jean Lesage in Quebec, during the quiet revolution. He said that Quebec's domestic jurisdictions should be extended to the world stage. He was particularly interested in the issue of education. He said that since Quebec was responsible for education, which is central to the development of a nation and its culture, then Quebec should be heard with its own voice on issues of education and culture in international institutions. Unfortunately, that did not happen. Let us not forget that at UNESCO, we were offered a small ejection seat. If there is no agreement within the Canadian delegation between the representatives from Quebec and those from Canada, then Quebec has to keep mum, and Canada gets to speak on behalf of Quebec even if their positions differ.

This bill is insulting to us. It has to be withdrawn and I will amend it in the following way: I move, seconded by the hon. member for Laval, 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-12, An Act to amend the Constitution Act, 1867 (Democratic representation), because the bill would unacceptably reduce the political weight of the Quebec nation in the House of Commons and does not set out that Quebec must hold 25 percent of the seats in the House of Commons.

I am moving this amendment.

Economic Negotiations with the European UnionGovernment Orders

December 14th, 2010 / 8:55 p.m.


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Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Chair, unfortunately, the NDP member who just spoke is right. I said “unfortunately” because, to this point, the Conservatives have given no indication that they like the arts, culture and artists.

On November 30, 120 of the most famous, symbolic and legendary Quebec artists came to meet with Conservative members on Parliament Hill. Luc Plamondon, Robert Charlebois, Michel Rivard, Ariane Moffatt, Louise Forestier and the members of Mes aïeux and Cowboys fringants were there. Who met with them? Not one Conservative member met with them. Zero, net, none.

These are some of our most legendary artists. Usually, someone who likes artists will meet with them, especially when they are generous enough to travel to attend a meeting. They all spoke to us; we were at the same table. We went from table to table and they talked about themselves. Meeting so many great Quebec artists, many of whom are stars on the international stage, was truly an extraordinary experience.

They spoke against Bill C-32, which runs counter to artists' interests. We cannot understand why the Minister of Canadian Heritage and Official Languages defends industry at the expense of artists, and takes away $74 million in revenue per year. That makes absolutely no sense.

Artists in OttawaStatements By Members

December 13th, 2010 / 2:05 p.m.


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Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, on November 30, more than 100 artists from Quebec converged on Ottawa to condemn Bill C-32 on copyright. The expedition inspired internationally renowned lyricist Luc Plamondon, who was part of the protest. Here is an excerpt from his poem, which appeared in the media on Saturday:

We had a great trip to Ottawa-land
Hand in hand, heart in hand
The whole family was there, great and small
And I felt like the father of them all!
...
My God, it was swell!
In Parliament's halls
Our shouts shook the walls
'Til the fire alarm rang
And we cleared out again
How irate was our gang!
The Conservative cabal—
Moore and Harper et al—
Did not think to greet us
Or deign to talk to us
Or even to look at us
They answered with sneering
Our copyright querying
Taking industry's side
While claiming to protect the little guy
...
And that
Was our great trip to Canada!

That was by Luc Plamondon.

Remarks Attributed to Member for Ottawa SouthPoints of OrderRoutine Proceedings

December 10th, 2010 / 12:30 p.m.


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Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, when I asked the member to retract the statement the other day, it was clearly heard by a number of members on our side and I found the comments regrettable. That is why I gave the member the opportunity to withdraw them. It seems to me the former deputy prime minister has in fact taken a very high level, non-partisan position on Bill C-32, one that I think is important. He is joining a long list of leaders in this country who are calling for an update to Canada's Copyright Act to enable employers, to enable investment, to create jobs in this country. I thought the statements he made were outstanding. I found that the comments made by the current member for Ottawa South should be retracted.

CopyrightOral Questions

December 10th, 2010 / 11:45 a.m.


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Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, I thank the member for Kitchener—Waterloo for all his hard work on this file, and he is right.

The former Liberal deputy prime minister and member for Ottawa South, John Manley, appeared at our committee and his message was clear when he said, “I strongly endorse Bill C-32. It brings Canada's copyright rules into the 21st century”. He said, “It gives creators a tool to control how their works are made available. The bill is needed to ensure that Canada does not become a haven for piracy”.

I hope the current member for Ottawa South realizes how much the former member knows about copyright and how much this bill could help creators in Canada.

Question No. 614POINTS OF ORDEROral Questions

December 9th, 2010 / 3:15 p.m.


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Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, maybe I can provide some assistance to the conversation by way of additional background.

It seems that a number of the things the member is asking for were actually offered up on the first day of the special legislative committee on Bill C-32. He talked about consultations, wanted to know who was met with and said that he would like to see some of the information. I told him that there were consultations from one side of this country to the other. In fact, one was held in Peterborough where the media was actually in attendance and records were kept from that meeting. We would be happy to furnish all of that to the member. I offered that to him on the first day the committee met if he was interested in seeing it.

In addition to that, I told him that we had received 8,000 written submissions on Bill C-32 and that they would also be available if he wanted to read them.

Question No. 614POINTS OF ORDEROral Questions

December 9th, 2010 / 3:10 p.m.


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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Mr. Speaker, I am rising in response to the point of order raised yesterday by the Parliamentary Secretary to the Leader of the Government in the House of Commons concerning my order paper question about the copyright bill, Question 614.

Clearly, the parliamentary secretary made comments that are a bit difficult to understand, are of a more partisan nature and have little to do with the rules. He said that we ask long questions to cause delays and slow down the process. In fact, quite the opposite is true. What I really want is to get answers from the government.

This is what I wish for. I need answers.

And so I am asking for answers in this regard. A desire to delay the process was the furthest thing from our minds. On the contrary, it is very important to seek out answers and that is why we are asking a question.

The Parliamentary Secretary said that my question was not concise enough. I would like to know what is concise and what is not. The length of the question is directly proportional to the length and complexity of the bill. I hope that some of the members have read Bill C-32, which is 65 pages long. It is extremely long and complex. We need clarification in this regard.

The Minister of Canadian Heritage and the Minister of Industry told us that the bill was based on consultations held across Canada. I went across Canada. I met with people in all 10 provinces during round tables on copyright. I hope that I can do so in the territories as well. What I heard was not at all like what the government heard. It was completely different. The government is telling us that the bill is based on consultations. What I am saying is that I consulted people and I got very different information. Something is not right, and that is why I put questions on the order paper, questions that are extremely important. For example, I want to know who they consulted. What was the process? What was the outcome of that process? We are not getting those answers in the House or in committee. Once again, what we heard is very different from what they heard.

What is clear to me, and probably to you, Mr. Speaker, is that this question is relevant. It is fair and to the point. Once again, we are not getting answers in the House or in committee. This bill is far too important to just let it go as is. We need answers, so we are using the question on the order paper to get important answers.

I would like to look at this from the perspective of the Standing Orders and read an excerpt from House of Commons Procedure and Practice, which states that:

Aside from a 1965 Speaker’s statement indicating that some of these restrictions no longer applied, there is no definitive breakdown of which of these are still valid. Thus [and this is important] a very large measure of responsibility for ensuring the regularity of written questions fell to the Clerk.

I will end with the following:

Acting on the Speaker’s behalf, the Clerk has full authority to ensure that questions placed on the Notice Paper conform to the rules and practices of the House.

Clerks in the service of the Clerk of the House analyzed the question, revised it and allowed it. They did their job. I do not see why anyone would question the work of the clerks. Unlike the parliamentary secretary, I trust them and I believe that you too will reiterate your confidence in our clerks.

CopyrightOral Questions

December 9th, 2010 / 2:50 p.m.


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Port Moody—Westwood—Port Coquitlam B.C.

Conservative

James Moore ConservativeMinister of Canadian Heritage and Official Languages

Mr. Speaker, let me be clear again. We are against imposing a massive new tax on consumers. If that is the proposal of the Bloc Québécois, we will be against it. It is the proposal of the NDP and we are against it. It does not serve consumers and it does not serve creators to make it more expensive for Canadians to have the devices on which they can consume Canadian content. It is a bad idea and we are against it.

We are not against it because we do not understand what the opposition members are proposing. We are against it because we know exactly what they have in mind.

We are against increasing taxes on consumers. We are in favour of an intellectual property regime in our country that serves the best interests of creators and consumers, and in Bill C-32 we have that.

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, the bar association specifically says that Bill C-32 does not respect these international treaties.

The Minister of Canadian Heritage and Official Languages is once again showing contempt for artists by saying that creators, “are not entitled to revenue, they are only entitled to not have their work stolen.”

Therein lies the problem. The minister refuses to understand that copyright is revenue. Will the minister reconsider? Will he listen to and hear the cultural community and fine tune his bill to ensure that creators are compensated?

CopyrightOral Questions

December 9th, 2010 / 2:50 p.m.


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Port Moody—Westwood—Port Coquitlam B.C.

Conservative

James Moore ConservativeMinister of Canadian Heritage and Official Languages

Mr. Speaker, as I have said many times, Bill C-32 is fair and responsible. It reflects the recommendations made across the country when we conducted unprecedented consultations in order to draft a responsible bill that responds to the needs of consumers and creators alike.

To answer the hon. member's question specifically, as to the WIPO Internet treaties, yes, this bill will make Canada the number one country in the world in terms of protecting our creators from those who pirate and steal from creators. We will work with WIPO and protect all Canadians.