Bill C-11 (Historical)

An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)

This enactment amends provisions of the Copyright Act on access for persons with perceptual disabilities to copyrighted materials and, in doing so, implements the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The amendments facilitate access for such persons to copyrighted materials while ensuring that the interests of copyright owners are safeguarded.

Copyright Act

[Navdeep Bains, Liberal, Minister of Innovation]

moved that Bill C-11, An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), be read the second time and referred to a committee.

[Carla Qualtrough, Liberal, Minister of Sport and Persons with Disabilities]

Mr. Speaker, I am pleased to rise to speak to Bill C-11, an act to amend the Copyright Act which concerns access to copyrighted works or other subject-matter for persons with perceptual disabilities.

Over 800,000 Canadians live with blindness or partial sight, and around three million Canadians are print disabled. This includes impairments related to comprehension, such as autism, and impairments related to the inability to hold or manipulate a book, such as Parkinson's. Around the world, there are more than 314 million people living with blindness or visual impairments, 90% of whom live in developing countries.

I am one of those people. I am very significantly visually impaired. In fact, I am legally blind, which means that I have less than 10% corrective vision. That is not a lot of vision and one cannot read a lot when one has that vision. That is why I am so very pleased to be personally speaking to this very important piece of legislation.

Persons with print disabilities need to be able to read and access information to participate in society, including in the job market. However, there is a significant shortage of accessible books. Of the million or so books published each year, less than 7% are made available in formats accessible to visually impaired persons. What that means for somebody like me is that when I walk into a bookstore or a library, I do not get to choose what I read. My decisions are motivated by what material is available for me to read.

While there are audio books and e-books on the market, these formats are not typically accessible for someone who lives with blindness or print disabilities. For example, many commercial audio books or e-books are not easily navigable by a person with a print disability.

The shortage is also caused by the fact that copyright laws are inconsistent among countries, making it difficult to share accessible books across borders.

The Marrakesh treaty was negotiated to address this problem. This treaty establishes international standards for exceptions in national copyright laws to permit the making, distributing, importing, and exporting of accessible books. The goal is to facilitate the global exchange in accessible materials for the benefit of persons with print disabilities all over the world. Following the negotiation of the treaty, over 80 countries signed it. To date, 16 countries have either ratified or acceded to the treaty. These include Israel, Singapore, United Arab Emirates, Argentina, Uruguay, Australia, Brazil, Mali, the Democratic People's Republic of Korea, Peru, Paraguay, Mexico, India, El Salvador, the Republic of Korea, and Mongolia. The treaty will not come into force until 20 countries have ratified or acceded to it.

I am proud to say that we have introduced legislation in the House that would bring our copyright law in line with the Marrakesh treaty. Canada is playing an important role in working with other countries to bring the treaty into force internationally. The first step in Canada's domestic process is to pass this legislation, which will position us for the next step: accession to the treaty.

The legislation will make several targeted but important changes to Canada's copyright law to ensure that we meet the requirements of the treaty. For example, the bill will permit users to make large-print books subject to certain safeguards such as commercial availability limitations. In addition, the bill will expand the scope for making and providing, or providing access to, accessible copies outside of Canada by removing the limitations with respect to the nationality of the author.

Another important change the bill will make is to the technological protection measures, or digital locks, in the legislation. The bill clarifies that circumvention of digital locks will be acceptable as long as it will be for the purpose of providing access to persons with perceptual disabilities, and to permit persons with perceptual disabilities, or those helping them, to benefit from the exceptions for persons with perceptual and print disabilities.

The bill will also provide for exporting accessible format copies directly to beneficiary persons outside of Canada. The law will be clarified to indicate that organizations such as libraries could provide or provide access to accessible format copies directly to the beneficiary persons outside of Canada. However, they could only do so on the condition that the beneficiary person had made a request through a non-profit organization in the country to which the accessible format copy would be sent.

Another area of protection for copyright owners is the provision of moral rights. The amended act will continue to provide protections for these important rights, ensuring that users will respect the integrity of the work and reputation of the creator when making and providing adapted copies.

I would like to take this opportunity to highlight the benefits that will result from the coming into force of this treaty.

First, there will be greater access to books for persons with visual impairment or print disabilities, for example, in Braille and audio formats. This will include improved access to materials in Canada's minority languages and in French, reflecting the diversity of our Canadian culture.

Many different groups of Canadians with disabilities will benefit from this initiative. Students will have better access to print materials, helping them continue with their studies and better engage in the Canadian workforce. According to recent survey data, approximately 30% of students with visual impairments discontinue their education, which is significantly higher than the national average. They do not have access to books. They do not have access to printed materials.

Many Canadians will have the opportunity to enter in the labour force because of this legislation. Current data suggests that approximately one-third of Canadians with a visual impairment are not in the labour force.

Seniors, the group with the highest rate of visual impairment, will have better access to reading materials, which will help them maintain their quality of life.

Canadians from minority language groups will have better access to books in a variety of languages.

Schools, libraries and charitable organizations that work with Canadians with disabilities will benefit from reduced duplication in the production of accessible material.

I will pause here to talk briefly about the Canadian National Institute for the Blind. What this would do for the CNIB, and those of us who are clients of the CNIB, is quite frankly revolutionary.

There are innovations that we can bring to bear to facilitate the making and sending of accessible materials, thus increasing access through a global network.

Second, while the legislation would expand the exceptions for accessible materials for persons with perceptual disabilities already in our law, it would also include safeguards so that copyright owners would be encouraged to provide commercially available versions and continue to be able to enforce their copyrights against copyright pirates.

Once the Marrakesh treaty is in force, organizations that make accessible format copies of books, such as braille and audio versions, will benefit from resource sharing. According to the CNIB, the cost of creating an accessible format version of a book can range from $1,500 to $5,000 per title. Allowing organizations to exchange copies across borders would result in access to a wider range of books in a variety of languages. It would also result in a more efficient use of resources. These benefits would not just apply in terms of access to the arts. It would support access to a greater variety of books, including textbooks and for research, expanding opportunities for people with perceptual disabilities.

Implementing the Marrakesh treaty is a priority for our government because we realize that creating a more inclusive environment for Canadians with disabilities reflects our collective values and fosters greater opportunities for all Canadians. Libraries, education institutions and organizations that help persons with visual impairment or print disabilities would benefit and be better able to support the education and employment of persons with disabilities.

Canada has an opportunity now to be one of the first 20 countries to ratify or accede Marrakesh, the number required to bring the treaty into force.

I encourage all hon. members to support the swift passage of this important legislation. There is no reason that Canadians with disabilities should have to wait for access to literature that will enable them to better participate in our economy and in our society. More can be done to ensure that copyright laws do not create additional barriers for those with a print disability and that users have access to the latest and best published materials from around the world.

Let us be leaders, not just in Canada but also on the international stage. Let us show the world how persons with disabilities are treated in Canada, which is with respect and dignity. Let us continue to forge a path toward an active and inclusive Canada.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I congratulate the member on bringing this bill forward. As much as I have not had a chance to read the bill in great detail, certainly the intent of the bill and the direction we see is very positive.

Why is the bill being put forward today despite other legislation being on notice? This is an issue where there seems to be a substantial degree of consensus and it would have been nice to have moved forward with proper notice in a collaborative way. Instead, after indicating that the government would move a different bill, today we have closure on one bill, report stage on another, and now it is pushing this one forward. Why not move this bill forward in the collegial co-operative manner that something this important deserves?

[Carla Qualtrough, Liberal, Delta, BC]

Mr. Speaker, one of the reasons we were so excited to get this bill going is because we have the consensus of all parties in the House. The members of the Conservative Party and the NDP have been very co-operative. This is an opportunity for us to get this done, to be one of the first 20 countries to accede to the Marrakesh treaty. It is seen as an opportunity to move something forward and celebrate the importance we put on this issue for Canadians.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, it is a pleasure to rise on the bill. Procedurally, I really do not care how it got here because it is an important bill to pass. However, one of the things that does concern me, as a former employment specialist for persons with disabilities and somebody who was on the CNIB board of directors for a number of years, is that the bill is a small tool internationally and domestically for us to do something about the issue of accessibility, but it is not getting at the heart of the problem. The heart of the problem is that persons with disabilities are still ostracized from many opportunities of employment as well as other services because the supports are not there.

What specifically can persons with disabilities, in terms of their own communities, expect to receive in supports that will reverse this growing tide against them for employment opportunities and for inclusion because we have had cuts in resources, both provincially or federally, over the last decade?

[Carla Qualtrough, Liberal, Delta, BC]

Mr. Speaker, the number one bullet in my mandate letter is to engage in a consultation process that will ultimately result in accessibility legislation at the federal level.

Recognizing the exact challenges that the member has raised, we know we can do better in Canada. That is why the Prime Minister appointed Canada's first-ever minister responsible for persons with disabilities.

We know the number one barrier to full inclusion in society for Canadians with disabilities is employment. The way we get access to employment is by putting in place a suite of tools, programs of opportunities for Canadians with disabilities to engage in Canadian society in whatever way they see fit.

Absolutely, the Marrakesh treaty is one of those tools, but it is not the only one. I will be excited to bring forward the acceptability legislation at some point to the House so we can have a robust discussion on the full amount of inclusive tools we need to put in place for Canadians with disabilities.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, this is wonderful news, and I will be sharing this news with the Low Vision Self-Help Association of the West Island, which has been active for a number of years and has done wonderful work in supporting those with a visual impairment.

My question is more of a technical nature. I understood from the speech that if a work is not available, it would be permissible to unlock the digital lock to allow for transmission of that work. In terms of works that are not electronic, perhaps it could allow unlimited copying.

The minister mentioned that the rules might be different if a publisher actually took this as an incentive to produce a work for the visually impaired. Could the minister comment on how the rules would work in those cases?

[Carla Qualtrough, Liberal, Delta, BC]

Mr. Speaker, the idea is that the Marrakesh treaty focuses on not making profit from making available accessible materials. If publishers, which I would personally think would be a fantastic advancement for publishing companies around the world, decided to make something available in an accessible format, they would not be able to avail themselves of the provisions in the same way under the Marrakesh treaty because there would be a commercial component to it.

One of the things we know, though, is making something accessible is not just providing it in large font. I will give an example. I have Kobo which enlarges materials, but I cannot actually find the materials on the screen because the icons are not enlarged or because the writing of the font of the program is not big.

There are a lot of barriers inherent in technology that although we can make something in super large font, we actually cannot find it if we cannot see. It seems like that would be a fantastic idea for publishers to do that, but it also means they would have to make their technology fully accessible as well.

The point we are trying to make with Marrakesh is from a non-commercial, non-profit point of view. Parents who are blind, who have sighted children, will be able to get cheaper, more accessible copies of books to read to their children. Parents like myself who are visually impaired and have sighted children will be able to have large print books to read to their children. The list goes on and on of the incredible benefits that the treaty will provide.

[Pierre Poilievre, Conservative, Carleton, ON]

Mr. Speaker, I thank the minister very much for introducing this legislation. It has been a great passion of mine since the previous government, under the leadership of industry Minister Moore, who introduced similar legislation to implement the changes to the Copyright Act, which would allow for the sharing of books in accessible formats.

The member herself is an inspiration. It is great to see that she is the person who has the occasion to bring this opportunity to so many deserving people across the country.

Could the minister comment more broadly on the government's openness to take advantage of new developments in technology, the willingness of corporate leaders to be philanthropists, to help Canadians who are disadvantaged to access more opportunities like this in other areas than the one she has provided before us today?

[Carla Qualtrough, Liberal, Delta, BC]

Mr. Speaker, I would like to acknowledge the member opposite for his tireless effort in this file. It has been an absolute pleasure and honour to work with him as we move this forward.

Our government is extremely open to providing new and innovative opportunities for Canadians of all abilities and disabilities, whether it be employment, service provision, and program provision. That is why I am so excited to be launching, in the upcoming months, a very robust consultation process that will engage Canadians with disabilities, business and non-profit organization leaders, on what we need in accessibility legislation. What does an accessible Canada look like? That is the question we are going to be asking Canadians. I know the time is right to have this conversation.

Businesses recognize the value. There is an extremely strong business case for hiring someone with a disability. We have an extremely strong business case for making businesses more inclusive. I could tell a leader of a company that it does not currently have access to 14% of the the consumer base or that the labour shortage could be addressed by hiring a group of willing and capable Canadians to do those jobs. There is so much to be done right now in this area.

Canadians want to talk about it, our government wants to talk about it, and, more important, we are going to do something about it.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I was on the copyright committee when the last legislation was put forward and the government absolutely refused to make the changes in the provisions that would have made it possible for people with sight issues to access materials. There was one fundamental principle, which was that the digital lock was sacrosanct. The problem is that this has affected university institutions, research, libraries, and digital archives.

However, it is not just sighted students who are affected in these situations. Universities will tell students who have hearing disabilities that the Copyright Act overrides their right to have closed captioning.

Given the fact that these changes have been made, which are good changes, there is the issue of establishing a clear balance in the provisions of the digital locks, which will still be WIPO compliant, to ensure that libraries can do their work without facing punishment and that the rights of other individuals with perceptual disabilities not related to sight can supersede the sacrosanct provisions of the digital lock provisions in the present Copyright Act. Will those changes be brought forward?

[Carla Qualtrough, Liberal, Delta, BC]

Mr. Speaker, that is a very important question. We know that Marrakesh focuses primarily on the visually impaired, the blind, and others with more perceptual disabilities related to font size in accessible material. I have met with a lot of leaders in the deaf and hard-of-hearing communities who have brought that very issue to my attention. I am very keen to move forward with figuring out a way to address it. I am very excited that the deaf and hard of hearing are going to be an integral part of our consultations as we move forward on accessibility legislation.

I respect the cultural aspect of deafness and being hard of hearing, and I assure the House we will ensure that question is addressed in the future.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I rise on a point of order. I was very pleased this morning that the Minister of Justice introduced Bill C-16, which would guarantee equal rights for transgender and gender-variant Canadians. This bill passed in the House of Commons in 2011 and passed again in essentially the same form as a private member's bill that I introduced in 2013. I was very pleased the minister made a commitment to deal with this bill expeditiously.

Therefore, I would like to move the following motion: That, notwithstanding any Standing Order or usual practice of the House, Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code, shall be deemed to have been read a second time and referred to committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage, and deemed read a third time and passed.

[The Deputy Speaker, Conservative, Bruce Stanton]

Does the hon. member for Esquimalt—Saanich—Sooke have the unanimous consent of the House to propose this motion?

[Some hon. members]

Agreed.

No.