Copyright Modernization Act

An Act to amend the Copyright Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Christian Paradis  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends 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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
May 15, 2012 Passed That Bill C-11, An Act to amend the Copyright Act, as amended, be concurred in at report stage with further amendments.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 15 on page 54 the following: “(3) The Board may, on application, make an order ( a) excluding from the application of section 41.1 a technological protection measure that protects a work, a performer’s performance fixed in a sound recording or a sound recording, or classes of them, or any class of such technological protection measures, having regard to the factors set out in paragraph (2)(a); or ( b) requiring the owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording that is protected by a technological protection measure to provide access to the work, performer’s performance fixed in a sound recording or sound recording to persons who are entitled to the benefit of any limitation on the application of paragraph 41.1(1)(a). (4) Any order made under subsection (3) shall remain in effect for a period of five years unless ( a) the Governor in Council makes regulations varying the term of the order; or ( b) the Board, on application, orders the renewal of the order for an additional five years.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 11 on page 52 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 51 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 1 to 7 on page 51.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 24 to 33 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting line 37 on page 49 to line 3 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 17 to 29 on page 48.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 38 to 44 on page 47.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “(5) Paragraph (1)( a) does not apply to a qualified person who circumvents a technological protection measure on behalf of another person who is lawfully entitled to circumvent that technological protection measure. (6) Paragraphs (1)( b) and (c) do not apply to a person who provides a service to a qualified person or who manufactures, imports or provides a technology, device or component, for the purposes of enabling a qualified person to circumvent a technological protection measure in accordance with this Act. (7) A qualified person may only circumvent a technological protection measure under subsection (5) if ( a) the work or other subject-matter to which the technological protection measure is applied is not an infringing copy; and ( b) the qualified person informs the person on whose behalf the technological protection measure is circumvented that the work or other subject-matter is to be used solely for non-infringing purposes. (8) The Governor in Council may, for the purposes of this section, make regulations ( a) defining “qualified person”; ( b) prescribing the information to be recorded about any action taken under subsection (5) or (6) and the manner and form in which the information is to be kept; and ( c) prescribing the manner and form in which the conditions set out in subsection (7) are to be met.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) No one shall apply, or cause to be applied, a technological protection measure to a work or other subject-matter that is intended to be offered for use by members of the public by sale, rental or otherwise unless the work or other subject-matter is accompanied by a clearly visible notice indicating ( a) that a technological protection measure has been applied to the work; and ( b) the capabilities, compatibilities and limitations imposed by the technological protection measure, including, where applicable, but without limitation (i) any requirement that particular software must be installed, either automatically or with the user's consent, in order to access or use the work or other subject-matter, (ii) any requirement for authentication or authorization via a network service in order to access or use the work or other subject-matter, (iii) any known incompatibility with ordinary consumer devices that would reasonably be expected to operate with the work or other subject-matter, and (iv) any limits imposed by the technological protection measure on the ability to make use of the rights granted under section 29, 29.1, 29.2, 29.21, 29.22, 29.23 or 29.24; and ( c) contact information for technical support or consumer inquiries in relation to the technological protection measure. (2) The Governor in Council may make regulations prescribing the form and content of the notice referred to in subsection (1).”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) Paragraph 41.1(1)( a) does not apply to a person who has lawful authority to care for or supervise a minor and who circumvents a technological protection measure for the purpose of protecting the minor if ( a) the copy of the work or other subject-matter with regard to which the technological protection measure is applied is not an infringing copy; and ( b) the person has lawfully obtained the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure. (2) Paragraphs 41.1(1)( b) and (c) do not apply to a person who provides a service to a person referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the purposes of enabling anyone to circumvent a technological protection measure in accordance with subsection (1). (3) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or contravenes any Act of Parliament or of the legislature of a province.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 21 to 40 on page 46.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 45 with the following: “measure for the purpose of an act that is an infringement of the copyright in the protected work.”
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 30 to 34 on page 20.
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 33 to 37 on page 19.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 62.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 49.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by deleting line 42 on page 23 to line 3 on page 24.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by replacing lines 23 to 29 on page 23 with the following: “paragraph (3)( a) to reproduce the lesson for non-infringing purposes.”
May 15, 2012 Failed That Bill C-11, in Clause 21, be amended by adding after line 13 on page 17 the following: “(2) The Governor in Council may make regulations defining “education” for the purposes of subsection (1).”
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 2.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 1.
May 15, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 13, 2012 Passed That the Bill be now read a second time and referred to a legislative committee.
Feb. 13, 2012 Passed That this question be now put.
Feb. 8, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Nov. 28, 2011 Failed 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-11, An Act to amend the Copyright Act, because it fails to: ( a) uphold the rights of consumers to choose how to enjoy the content that they purchase through overly-restrictive digital lock provisions; (b) include a clear and strict test for “fair dealing” for education purposes; and (c) provide any transitional funding to help artists adapt to the loss of revenue streams that the Bill would cause”.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:20 a.m.
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Conservative

Christian Paradis Conservative Mégantic—L'Érable, QC

Mr. Speaker, once again, taking Bill C-11 and Bill C-32 together, at second reading alone, we had 29 hours of debate and 31 meetings lasting a total of over 65 hours, and we heard from over 110 witnesses.

Yes, Bill C-11 is the same as the former Bill C-32, with 11 amendments made following consultation. What people do not want is an iPod tax. That is clear. Yet that is what my colleague is recommending and he is starting to sound like a broken record.

We need to move on. What we want to eliminate is piracy. When people try to cheat and pirate material in the digital era, it will be prohibited. This legislation will comply with the international standards of the World Intellectual Property Organization. People expect that. The legislation needs to be updated. After so many hours of debate, it is time to move on.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:20 a.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, my favourite quotation is from the hon. Minister of Public Safety. He said, “For the government to bring in closure and time allocation is wrong. It sends out the wrong message to the people of Canada. It tells the people of Canada that the government is afraid of debate, afraid of discussion and afraid of publicly justifying the steps it has taken.”

Despite Conservative rhetoric, those steps are basically to follow the lead of the United States and make sweeping changes that serve no one, except major rights holders like movie houses and record companies. The real winners in Bill C-11 would be those who hold power.

At the insistence of the Americans, the government has forgotten Canadian consumers and Canadian artists. Why are the Conservatives are not standing up for Canadian consumers and Canadian artists?

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:25 a.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, the hon. member talks about standing up for consumers. Then why is it her party that wants to impose a new tax on consumers whenever they purchase a digital device? Frankly, she does not know what she is talking about. She talks about the Americans because she bashes Americans out of habit. The Americans actually wish our government had taken a different track on notice and notice. They wish that we had notice and takedown. They wish we had taken a number of other measures that we rejected because we chose a Canadian approach.

However, the member is clearly just reading quotes that were handed to by her whip's office. Let me furnish her with another quote, not from Americans or big corporate interests but Canadian workers on the front lines in Canada's cultural industry.

The International Alliance of Theatrical Stage Employees, workers on the front lines in Canada's cultural industries, said that it applauds the government for moving forward with Bill C-11. It said that this bill will help keep over 16,000 workers in Canada's entertainment industry employed and that piracy is taking money out of workers' pockets. It said, “Canada needs copyright legislation that will protect and create jobs, stimulate the economy and attract new investment.”

That is from workers on the front lines in Canada's creative industries who support this bill, not Americans or big corporations. I wish the member for London—Fanshawe would do her homework.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:25 a.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, along with my colleagues I must say that I am not at all surprised that we are now dealing with time allocation for the 21st time in this Parliament. I am saddened, not surprised, but definitely saddened. The government seems to suggest that debate is somehow evil, that it is something of an impediment to its legislative agenda. We would think that the government would have learned that every time it has tried to shut down debate in this Parliament, three times already, it has actually benefited from the deliberative process here in this Parliament and ended up having to withdraw its bills or make significant amendments.

The House will remember the Internet snooping law. After debate in the House that bill never even came back because it was so flawed.

The crime omnibus bill that was before the House needed amendment. The government rushed it through with time allocation. In the end the government had to go to the Senate to have it amended.

What we do in this place is important. It improves legislation. The government has a majority and of course it will get its way. However, the deliberative process here matters. The government should respect Parliament and allow us to do our jobs.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:25 a.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, it simply lacks any and all credibility to suggest that we are anti-debate with regard to copyright.

Again, this legislation has been before this Parliament for two years. This debate was started by our government two and a half years ago. There has been an incredible deal of consultation outside Parliament, within Parliament and at two stand-alone legislative committees. We amended our own legislation with 11 substantive amendments that would strengthen this legislation after having debated and consulted with Canadians after we tabled our legislation. This bill has been before this House now for two years. There has been more than enough debate on this. It is time that we move forward.

I am more than pleased to read a number of quotes into the record. Here is what the Edmonton Journal had to say about this legislation, “...something had to be done. It's been 13 years since the last changes were made—arguably 22 years since substantive reform—...it's a different universe out there.”

This copyright bill is a welcome start. It's time to move forward.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:25 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I have listened to the Conservative backbenchers cherry-pick quotes from testimony that I sat through. I had heard a very different set of testimony from all the people they are quoting. However, it is a larger issue. It is the contempt for Parliament that this government shows again and again.

Yesterday, the member for South Shore—St. Margaret's said that our participation in this debate was not legitimate, that there was no legitimacy for members of Parliament to do their job. The fact is that it takes them a day of having to listen again to the problems with this bill. That is what debate is about.

I ask my hon. colleague to at least be truthful on this. The Conservatives did not work with anybody on amendments. They did not listen, so it is our right as opposition to point out the flaws of the bill. That is the democratic process. If he does not like the democratic process, they should just shut this place down.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:30 a.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, just because we do not agree with the NDP amendments does not mean we are not open to amendments. In fact, we included 11 amendments in the legislation that did not come from the government. They came from testimony at the legislative committee. We outlined in every single one of those 11 amendments why we put them in, the organizations and individual Canadians who advocated for them, and why they strengthened the bill. These were ideas that came from outside Parliament into Parliament. It was very democratic.

With regard to respecting Parliament, we offered every opportunity for members of Parliament from other parties to participate in this process. We set up a stand-alone legislative committee in the previous parliament and this Parliament so that work would not be interrupted at the heritage and industry committees. Everybody could come together and focus on this legislation in a substantive way.

We have been debating it for two years. This conversation was had by this Parliament for six months prior to that, so for two and a half years we have been debating and considering it, which is more than any other piece of legislation in my 12 years in public life. Therefore, this legislation more than passes any and all standards with regard to transparency, debate and time considered than any bill that has been seen in my lifetime.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:30 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I would agree with the Minister of Canadian Heritage that the bill has had consideration in contrast to a bill such as Bill C-38 that has had none.

My concern is with the approach that the government House leader has taken. We find ourselves on the day of a vote that was not previously on notice. We had notice yesterday of time allocation but we had no idea if it was two or three or four days. There will be extensive votes tonight because there are a lot of substantive amendments to be reviewed.

It would show more respect to opposition members and to all parties in the House if the government House leader were to allow bills to have proper notice. People have plans, such as a charity event in memory of my daughter's best friend. I am sorry to bring up a personal matter. We all sacrifice things so we can stay in the House for late votes. More notice would have shown more respect.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:30 a.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, I feel awful for the personal circumstances of the leader of the Green Party. I compliment her for her substantive approach to this legislation. She tabled her amendments and we did consider them in previous processes.

To put it bluntly, at some point we have to call the question. After two years, it is time to call the question. Canadians, consumers and organizations require this legislation in order to have certainty in the digital age so that they can move forward.

I have a long list of organizations that support this legislation, not all aspects of the bill because it is a balancing act, but support key elements of this legislation to ensure that it goes forward. For example, the Canadian Alliance of Student Associations said that the government has demonstrated a commitment to Canada's education community, that students across Canada are greatly encouraged by this legislation and that the government has a clear understanding of how this bill will impact Canada's students, educators and researchers.

I have a great deal of respect for the member for Saanich—Gulf Islands in the way that she has approached this legislation in a substantive way. After two and a half years of consideration, two years of debate on the specific bill, it is time to call the question.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:30 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, it seems to me that the minister is talking out of both sides of his mouth. If he had respect for the member for Saanich—Gulf Islands he would have allowed debate on these amendments. Independent members of the House who did not sit at committee came forward with amendments. Our party looked at them and found some of them interesting and others very problematic. The problematic elements deserve to be debated. That is the role of Parliament.

The Conservative government is dismissive of the role of parliamentarians. It ridicules the work of parliamentarians. Time and time again the Conservatives have shut down debate. Thank God we have principled opposition here. The Conservative bill on snooping accuses average Canadians of supporting child pornographers because they had the temerity to challenge the government.

Why does the hon. member show such disrespect for the issue of debate?

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:30 a.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, two years of debate is not disrespect for debate. Two years of debate is the most substantive debate that Parliament has seen on any bill in the last 12 years. That is disrespect for debate?

The member and I both know that, with regard to the amendments put forward by the member for Saanich—Gulf Islands, none of them were new. All of those proposals were seen in the consultation before we drafted the bill, after we drafted the bill in the last Parliament or in consideration of Bill C-11 in this Parliament. There were no new ideas there. We had seen them all before. We decided that was not the right balance that we represented and presented in our legislation.

In terms of respecting Parliament, we did not ram it through heritage or industry committee. We established a stand-alone legislative committee chaired by an NDP member of Parliament. It was hardly us ramming something through when an NDP opposition MP chaired the committee that considered the legislation.

We have debated this for two and a half years. The bill has been before this Parliament for two years. We have considered different points of view. We arrived at our legislation. There is a five year reconsideration of this legislation built into the law in order to bring it back to Parliament for further debate on a go-forward basis. The idea that we are not respecting Parliament when we have involved Parliament all through the process and will in the future is ridiculous.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:35 a.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I have been listening to the Minister of Canadian Heritage now for almost half an hour and he consistently says that there has been debate for two years, two and a half years. That seems to be his yardstick for when it is reasonable to bring in time allocation.

On Bill C-38, the government just rammed through in six days of debate an omnibus bill of 425 pages, dealing with everything from gutting environmental regulations to old age security to changing EI, fundamentally changing how we govern this country.

Would the Minister of Canadian Heritage agree with me that two years may seem to him adequate debate, but if that is the standard then certainly six days is not enough?

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:35 a.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, the point has been made by the Liberal Party, our party, the Green Party, and even the Bloc that if the NDP members want to have substantive debate in the House of Commons on all issues, including copyright, then they might want to be honest with themselves in terms of how they approach legislation. The NDP had its finance critic consume three days of debate in a mindless filibuster, the only purpose of which was to shut the Liberals out of the debate. That was the game the NDP played. If the NDP really wants to have substantive debate, one member of Parliament taking up 13 hours of debate, which is about equal to the time for 50 members of Parliament to speak on legislation, is not the way.

In this Parliament, that was the greatest act of games on the budget that I have seen in years. It was done by the NDP frontbench finance critic, who proudly stood in the House of Commons and played games with the budget debate, which the member for Hamilton Mountain now says is so important that we get into the details on these things. If that is the case, then why did the NDP have one member of Parliament speak for three days' worth of debate in a cynical game just to block others from having an opportunity to speak? That was the NDP approach. Before the NDP throws stones at others, the member should realize she is standing in a very large, fragile glass house.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:35 a.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I agree on that last point in regard to the budget tactic, if one wants to call it a tactic. I do not quite understand it myself.

I bring to the attention of the minister a list of some of the bills where time allocation has been brought in: Canada Wheat Board; the pooled pension plan; copyright; gun registry; back-to-work legislation, not once but twice; financial system review act; and the budget bill itself. The government is using time allocation in order to pass all of its legislative agenda and tries to come up with some rationale to justify what is inappropriate behaviour.

Does the minister not recognize there is a role for the government House leader to sit down with opposition House leaders and try to time things so the government does not have to bring in time allocation? Time allocation puts severe limitations on opposition members.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:35 a.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, the government House leader does negotiate and has negotiated on these matters. He does it all the time, through two minority Parliaments and now this majority Parliament.

On the substance of what we are talking about right now, copyright, we have considered opposition voices. We did not invoke time allocation. We had stand-alone legislative committees. We brought in individual Canadians to consult on this legislation before we even drafted the bill, because we realized that in our first Parliament, in 2006-08, copyright was approached in the wrong way. We took a new approach with Bill C-32, now Bill C-11, the bill before us.

We asked Canadians at the front end what ought to constitute effective copyright reform. Those consultations came in. Tens of thousands of Canadians participated. It was an open, incredibly democratic process where Canadians could freely discuss this legislation, and we arrived at Bill C-32.

We negotiated with the opposition House leaders. The government House leader reached out to the opposition House leaders. We created a stand-alone legislative committee to debate the bill for the past two years. Call the question.