Bill C-11 (Historical)

Copyright Modernization Act

An Act to amend the Copyright Act

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.

Bill C-11—Time Allocation Motion

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, I appreciate the opportunity to rise on this issue.

I happened to be the chair of the special legislative committee on Bill C-32. That bill received some debate in the House and with all party agreement it moved through second reading and to committee where committee heard from about 125 different groups and about 70 witnesses. There was a great deal of opportunity to work on the bill. Unfortunately, the election happened and at the point the committee's work came to an end.

The fact is a lot of work has already been done on this legislation. I have been here on a number of days in the House when we have had debate. Many members have already had an opportunity to speak to the bill.

Other than to delay and obstruct the legislation getting to committee, maybe the Minister of Canadian Heritage could tell us if there is any other reason that the opposition does not want us to move toward having a vote on this, getting the bill to committee and getting the work done so we can do what we can to ensure we protect jobs with this legislation.

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

Mr. Speaker, the dedication of my hon. colleague from Leeds—Grenville to this issue has been very helpful. His work on the legislative committee has been important.

Just in the past few hours, as we have said as a government that we want to go forward with this legislation, a number of folks have come forward to support this. I want to read into the record what some of the folks have said, who by the way are not necessarily habitual Conservative supporters, but people who recognize the legislation will be balanced and responsible in the way that we go forward.

A press release was just sent to me from IATSE, which is the international union that represents members employed in stagecraft, motion picture and the television production and trade show industries. This union backs this legislation. It says, “The IATSE applauds the government for moving forward with this bill, The Copyright Modernization Act, because the bill will help ensure a stable entertainment industry which is what keeps its 16,000 employees working”.

This legislation is important for the Canadian economy. It is time to get down to work in committee, listen to the amendments of the opposition and move forward with something.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I admit that, in these circumstances, I find it difficult to rank the irritants raised by this issue. I also admit that, unfortunately, I do not have a statistician working for me. However, based on the figures provided, the Conservatives believe they are justified in moving time allocation when just 75 members have spoken to a bill. According to my quick calculation, it seems to me that there are 308 members who have the right to speak in the House. Until the last member who wishes to rise has the opportunity to do so, it is too early for such a motion.

[Some hon. members]

Bravo.

[Robert Aubin, NDP, Trois-Rivières, QC]

Thank you.

I would therefore like to support the member for Acadie—Bathurst, who is not here; he does not systematically obstruct debate but fights for the right of elected members and the people of this country to speak. He has my respect.

[Chris Alexander]

Where is he?

[Robert Aubin, NDP, Trois-Rivières, QC]

We will find out at the appropriate time. He is not the type of member who tends to hide when he has something to say.

Bill C-11 will bring fundamental change to the lifestyle, or should we say survival style, of the creators who are the foundation of the entire cultural industry in Quebec and Canada. The Conservatives want to wrap it up in just a few hours. That is absurd. I could also quote other unions, such as the Union des artistes, to which I belong, that are not in favour of Bill C-11 as it stands. Can we debate—

[The Acting Speaker, Conservative, Bruce Stanton]

Order. The hon. Minister of Industry.

[Christian Paradis, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I would like to repeat that this is not my first term, either. I have been here for six years. I have watched this law evolve, given that the Liberals also tried to reform this legislation. However, during the third session of the 40th Parliament, the committee discussed Bill C-32 for 39 hours—a total of 20 meetings at which 78 organizations and 122 individuals appeared. Also, 91 speeches were given over a period of eight days, for a total of 28 hours. This was followed by another seven hours with 17 more speeches.

Also, during this session of the current Parliament, we have heard over 20 hours of debate and 75 speeches. As my colleague was saying, this bill is quite possibly the most debated bill in this House. Speaking of statistics, I have some here and I can say that many people are pressuring us to pass this bill since it will have major repercussions. People are asking us to pass it sooner rather than later, because frankly, the VHS era is long gone.

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, I found it interesting to hear the Minister of Industry say that many people are pressuring him to pass this bill. The Minister of Canadian Heritage said he received a few emails in favour of this bill. But they did not mention the 50,000 emails they both received. I know, because those messages were also sent to me.

I was copied on those 50,000 messages. They do not mention those 50,000 messages from people who are opposed to Bill C-11 and who have put pressure on the government to say no.

When we consider that this is the 16th time in less than 6 months in this Parliament that the government has used time allocation, which is a new record for sure, and when we consider the fact that in this debate there have actually only been three speakers from the Conservative side, two of whom are ministers, it makes one wonder if the Prime Minister's Office and those ministers are not allowing their backbenchers to say something, to speak on this. I hope their muzzles are not chafing them. It makes me wonder if they want to speak out on behalf of the people who are so strongly opposed to this, but they are not willing to.

For instance, I have a message from a person from Halifax who said:

Please do not endorse or push through any legislation that gives more powers to corporations and takes away the rights of the individuals. As you've seen in the U.S. in the last month with the debacle surrounding SOPA, corporations are pushing for the support of laws that take away the rights of citizens to fairly use that which has been paid for, which is what these guys are trying to do too.

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

Mr. Speaker, we have not put up government members because we want to get the bill forward. We have had ministers who have stood in the House. The Minister of Industry and I have stood in the House, spoke to and outlined the intentions of this bill, what we hoped to achieve and made the government's case. Now we want it to go back to where it was in the previous parliament and get down to the details.

What we have done as a government is ceded all of our time for speaking in the House of Commons to the opposition party. We have had an unprecedented number of NDP members of Parliament, who are new MPs who did not get to speak on Bill C-32, who can now address Bill C-11, which is the same bill, and can make their points so we can move forward.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Forty-five speakers.

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

It is actually 75, Mr. Speaker.

I think it makes my hon. colleague's argument fall flat on its face. In fact, we have heard from a lot of Canadians on this legislation. Certainly, we recognize that.

Intellectual property law is incredibly complicated and is a balancing act. We think we have the right balance with regard to this legislation, but I do not think that any serious legislator in the country can say that Canada's current copyright legislation works for the digital age.

We have put forward what we think is responsible and balanced legislation. If the opposition parties actually want to approve this bill and table amendments, then let us get on with it and stop delaying what is needed to be done for Canadian creators.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, this is the first time since I arrived here on May 2 that I have heard the Conservatives use unions as an example.

I say to them no, no and no. There have been exactly 75 speeches. That is the magic number, the yellow light. At 80 speeches, a red light goes on and that means we must stop debating, that it is over and we have to adopt a closure motion.

All 308 elected members here have the right to make speeches on the subject. If the bill comes back at second reading, they have the right to make a second speech. Members have to be given time to express their views. The public, Canadians in every riding have the right to hear their member speak about the subject. It is a question of democracy. Closure is being invoked on debates and bills are being passed quickly. This has been done 16 times. That is a record and it has to stop.

[Christian Paradis, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, in the previous Parliament, the Minister of Canadian Heritage and my predecessor at Industry Canada held consultations. There were approximately 8,000 submissions from all manner of people. This does have to stop. People are telling us to move on to the next stage and to pass the bill.

In our pre-budget consultations, I have had the opportunity to sit down with people in the information technology and communications sector. Failure to move on this bill has put on the brakes. It is dangerous for them because it creates uncertainty in terms of innovation. That is what creates wealth and distinguishes us, increases our competitiveness and helps us find niche markets. However, this requires tools, such as the reform of the Copyright Act. Once again, Bill C-11 is balanced.

All Canadians had the opportunity to be heard and they want us to move on. In 1996, we made that commitment to the World Intellectual Property Organization. It is time to live up to our commitment.