Bill C-294

An Act to amend the Copyright Act (interoperability)

This enactment amends the Copyright Act to allow a person, in certain circumstances, to circumvent a technological protection measure to make a computer program or a device in which it is embedded interoperable with any other computer program, device or component.

[The Assistant Deputy Speaker, Carol Hughes]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

November 7, 2024

Mr. Speaker,

I have the honour to inform you that the Right Honourable Mary May Simon, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 7th day of November, 2024, at 5:06 p.m.

Yours sincerely,

Ken MacKillop

Secretary to the Governor General

The schedule indicates the bills assented to were Bill C-244, An Act to amend the Copyright Act (diagnosis, maintenance and repair)—Chapter 26; Bill C-294, An Act to amend the Copyright Act (interoperability)—Chapter 27; Bill C-284, An Act to establish a national strategy for eye care—Chapter 28; S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation—Chapter 29.

Budget Implementation Act, 2024, No. 1

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, it is an honour once again to rise on behalf of the great people of southwestern Saskatchewan. There is no shortage of issues to talk about today, especially as we are debating the budget implementation act, yet again.

I first want to talk about the livestock tax deferral. This was in the budget. It was one of only two or three items that dealt with agriculture when the Liberals tabled the budget. Agriculture is obviously one of the largest economic drivers not just in southwestern Saskatchewan but also across the Prairies, and indeed, it contributes greatly to the national economy across the country.

I noticed today that there was an early designation of tax deferral zones under the livestock tax deferral program. I noticed that the majority of it, this go-round, was not so much in Saskatchewan, but in Alberta. Weather being weather, that is just the way it is, but what I want to talk about in particular are producers and producer groups who have been asking for a three-year window when it comes to the livestock tax deferral. When I spoke to the budget the first time, I brought this up, and I see no changes have been made when it comes to that window or time frame. I want to talk again about why that is important.

Over the last couple of months, I have been driving across my riding. I have been to Grasslands National Park in the south. I was at Leader on the weekend, with the Great Sand Hills near the Alberta border, and I was down Highway 1 in both directions. I am happy that there has been more rain than usual, definitely more than in the last five or 10 years. Right now, the pastures and the grass look really good, but the problem is that there has been probably five to seven years of persistent drought-like conditions in my neck of the woods. If we look at a map, my riding is right in the heart of the Palliser Triangle. When this country was being settled, people were told that it was not suitable for humans to live there, but we have been doing our best. We have done remarkably well in the time that we have lived in the prairie region.

Why is the three-year window important? Like I said, coming off about five years of persistent drought-like conditions, the native prairie grass and even the tame grass are under a lot of stress. With the current system the way it is, the livestock tax deferral lets farmers defer the taxes they would pay on any cattle that they sell this year until next year. They could defer that tax payment so that when they sell, they have a bit more money in their pockets. It is a good concept. The problem is that it incentivizes ranchers to buy back in when their pastures have not recovered and to do further damage if they do not have access to more grass.

Right now, the pastures have grown back quite well, but just because the grass is growing again this year does not necessarily mean this is the right time to graze it. It might be better and might be in the best interests of the land, the rancher and even the animal to leave a lot of this pasture alone, to let it rejuvenate for a whole season, and then, next year, go back to it. That would be a two-year window, but to have a three-year window available to our producers would be of greater benefit. That needs to be considered going forward, particularly by a party that says it cares so much about the environment. If it cared about the environment, this is a common-sense policy that it would look to adopt, but it has not done it.

The next thing I want to talk about is the Impact Assessment Act. The budget had some minor tweaks, particularly in the budget implementation act. So far, the commentary on it is that this is most likely going to be unconstitutional. I noticed when I read over some of the wording, and I heard comments from others, that there are a couple of issues, one being to keep the ministerial designation framework in place. This is problematic for a couple of reasons.

One is that it could allow the Liberals to again wiggle their way into the province's jurisdiction, which was a problem with the original Impact Assessment Act, and it is currently an issue in other ways the Liberal government treats the provinces. It ventures into provincial jurisdiction on a regular basis, and the changes in the Impact Assessment Act would further enable it to do that. Keeping this ministerial designation framework is going to continue to lead to that infringement, but it also creates uncertainty for the investor, the proponent, looking for a quick, rapid timeline to get their projects built.

This matters because, even with the current government's approach, whereby it wants to stop pipelines and wants to stop oil and gas development, which I get, there is a lot of green energy that wants to be built and developed all the way across the country, and allowing uncertainty like this continues to be problematic. We heard about this issue in the natural resources committee, when we were talking about the Atlantic Accord bill that came through, and this was not addressed.

Trying to make sure that there is certainty for all the resource sector is of utmost importance because all across this country, Canada is blessed with all kinds of rare earth minerals. We are blessed with an abundance of oil and natural gas, and other things like helium and lithium. We have cobalt. We have all the things that are going to be needed to build, say, a battery supply chain, and traditional oil and gas obviously is a big part of that because the world needs Canadian gas. Officials came and asked, multiple times, and the Liberal government has turned them down numerous times, for Canadian LNG.

Another report I read today shows that last month, Russia passed the United States as the biggest supplier for natural gas to Europe. Knowing what is going on in Europe right now with the war in Ukraine and what is going on with Russia, the current government is further enabling the Putin war machine to continue to get the resources it needs because the Russians are still selling their gas into Europe. Canada has the resources to be able to be that provider, but because the government has killed off around 15 to 16 LNG projects, since the time the Liberals have been in power, to make sure they were not built, they have put us at a disadvantage and have put our allies in Europe at an extreme disadvantage because we do not have the ability to supply them with the product that they want and need. The government said that it would give them green hydrogen, but we are years away from that being a reality. We have a proven commodity that we could be using and could be exporting, and the Liberals have said no to that.

The other thing I want to touch on was in the budget, and the Liberals removed it from the budget. We can suspect and wonder why, but it is in regard to the capital gains increase. I was talking to a rancher this morning again. He looks at this is as a tax on inflation. The reason I say he said that is that, sure, he bought the land maybe 25 years ago that he would be looking to sell, and the value of that land has increased. However, what else has increased is the cost for him to buy a tractor, to buy machinery, to buy product, to buy cattle and to buy feed. All the costs on his ranch have gone up as much, if not more, than the cost of the land that he might be looking to sell. Therefore, in all reality, there is not much of a gain that has been recognized there.

Because the value of one little thing that the government wants to focus on has gone up, the government does not take into consideration the value of everything else that has gone up over that same period of time. Let us imagine that over that 20-year span, the government's target with the Bank of Canada is a 2% inflation rate, if we multiply that, it is a substantive increase to all the products he has on his ranch. When the rancher sees this increase coming in, he says that all the government is doing is taxing inflation because his purchasing power has not gone up one bit.

Last, I just want to talk about the other piece of the government's supposed agriculture policy. The government only had really two or three things in there, as I mentioned at the start. Regarding the second one, the concept is a great idea, but it would be good for the Liberals if they would just get out of the way, and let it be done. With respect to my private member's bill, Bill C-294, for the second budget in a row, the Liberals said they are going to do consultations on interoperability. The government has three-quarters of a page in the budget and has done absolutely nothing with it. I already accepted a friendly government amendment to my bill at committee. It passed through the chamber, and we are still waiting for it to receive royal assent. It would be good if we could just get that bill passed. That is a good, Conservative common-sense bill that would do wonders not only for the manufacturing sector, but also for our farmers and our ranchers across the country. Let us just get that passed.

Financial Statement of Minister of Finance

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, it is fantastic to be able to rise once again on behalf of the great people of the province of Saskatchewan, particularly the people in the southwest corner, whom I have the privilege of representing.

Right off the top, I want to just talk about the month of May, which is MS Awareness Month. One of the big asks of the MS community, in particular by MS Canada, is to have the government fund $15 million towards research on the disease, as well as the prevention and repair side of things, for people who suffer with MS.

Normally, I do not get up to ask the government to spend more money, because we know the Liberals are fantastic at spending boatloads of money and accomplishing nothing with it. However, in this particular case, we know that there is over $3.4 billion in costs to the government and in lost wages by people who suffer from MS. A $15-million investment would actually result in a tremendous amount of savings for the government for the taxpayer. It would also result in a higher quality of life for people who suffer from MS.

I just wanted to start off my budget speech by mentioning that. If the Liberals were truly listening to what Canadians want and would like to see, this is something that they could have included in this budget to make sure that they are actually working to better the lives of people in Canada. Canada has the highest rates of people who suffer from MS in the world, with my wife being one of those people as well.

I could not help but notice in the budget that there is a very small amount listed for agriculture. In fact, I believe that agriculture is first mentioned on page 131 of the budget, and it continues for the next page and a half.

One of the issues in the budget concerns the livestock tax deferral. I just want to talk about that briefly, because a lot of ranchers in my riding have been dealing with droughtlike conditions for the last number of years, which is nothing new. We live in southwest Saskatchewan, a part of the country where rain has never been a feature. It is not something that we regularly get, so it is not new for us to have droughtlike conditions.

There is a government program called the livestock tax deferral. What happens is that the local RM has to declare a state of disaster. Then the government takes a look at the rainfall and the forage percentage over the year to see if it has fallen below 50%, I believe. There is quite a process involved in implementing or triggering the livestock tax deferral. Clarification around that would go a long way to help producers to have more certainty in their industry. An issue too, though, is that the livestock tax deferral can only be used for one year. We know that, in Saskatchewan, it sometimes takes more than one year for one's pasture to regenerate. A lot of producers and organizations, such as the Canadian Cattle Association and the Saskatchewan cattle association, are saying that allowing the livestock tax deferral to be used over a period of three years would actually be a lot more beneficial. It would allow for better environmental protection and for pastures to be able to regenerate.

My riding name is Cypress Hills—Grasslands. The “grasslands” part of the name comes from the fact that we have some of the largest amounts of still untouched native prairie grass in my part of the country. It has not been broken up. It has been grazed for years. Buffalo used to be the keystone species there; they have since been reintroduced to the grasslands. Cattle have done a tremendous job of being the keystone species in the grasslands.

For ranchers who have native prairie grass on their ranch, in their rotation, it is of huge value to them to be able to preserve that grass. When ranchers sell their herd, they will get the one-year livestock tax deferral. If they are forced to rebuy and to spend more on cattle to get them back on the land, there will be a degradation of that land. Having a three-year window would actually allow for the pasture to properly regenerate. Even if there is only a small amount of rainfall, that three-year time window would allow for better regeneration of the pasture. The environment would be taken care of in a way that would allow producers to purchase cattle, regraze the land once again and keep that keystone species on the land as well.

That is something that would happen with the livestock tax deferral. If the government were truly listening to the producer groups it mentions in the budget, then that is something it would actually be talking about and looking to implement. After nine years, it definitely has not done that.

One of the other parts about it, which actually took up about a page of the page and a half in that, is the government's commitment to starting consultations, once again, on interoperability. It is really funny that this is in there. I had the privilege to sponsor Bill C-294, which is an act to amend the Copyright Act for interoperability. There are many fantastic short-line manufacturers in Saskatchewan, and quite frankly all across this country, that make great agricultural products. They also make products for other industries, but I am going to focus on the agricultural side of it.

It is funny that this section is included in the “Affordable Groceries” section of the budget. The government is finally realizing that when agriculture is treated with respect and producers are allowed to grow food in the most economical way, if we let them have a choice, they will be able to grow food in a more efficient manner, which, in the long run, is going to have a positive impact on the price of groceries and hopefully lead to groceries being more affordable.

However, Bill C-294 was tabled over two years ago and still has not received royal assent. It did pass this House about a year ago now, and nothing has been done with it so far. In the 2023 budget, the government said it was going to start consultations then. It still has not done it. In 2024, it is once again committing to starting consultations, in June. It has a specific time frame in which it wants to start consultations, but given its previous track record of not doing it, we will wait and see what actually happens.

What would be even better is if Bill C-294 were able to get royal assent. My bill passed the House of Commons unanimously. When it went through committee stage, we were able to accept a friendly government amendment to the bill, which put it a bit more in line with some of the government's priorities but with the law as well. This is important because we want as much certainty as we can possibly get, even though we had done some legal work in the buildup to the bill. We accepted that friendly amendment. This is a bill that is non-controversial, but it is something that would get things done. It would have a whole-of-economy effect and impact.

If the government wants to go through consultations, I am going to make it even simpler. What the government can do is go back and read the report that was done by the government branch that used to be called Western Economic Diversification, which is now PrairiesCan. The government can go back and read the report, which was released in 2020, on this very issue. What it will find in that report is the economic impact that agricultural manufacturing has across the entire country. This is not just a southern Saskatchewan issue; this is a whole-of-Canada issue.

The government can read that report. It can see the dollar value assigned to it. It can see how every single province benefits from it. It is a nation-building exercise. It does not even have to do the consultations; that has already been done. The government department already did the report. The government can read it. The consultations are done.

We are counting on the Senate passing and giving royal assent to Bill C-294 as quickly as possible.

If the government wants to impact the price of groceries, what it could also do is have this House pass Bill C-234 in its original form. It came back from the Senate with a huge amendment that gutted the original intent of the bill, which was to put an exemption in place for all on-farm buildings for all types of fuel, which is important when we consider greenhouses, dairy barns, chicken barns and pig barns. There is a huge level of cost that goes into running those facilities with the carbon tax, so passing Bill C-234 in its original form would have a huge impact on the Canadian economy. It would have a huge impact on the price of food.

Removing the carbon tax in its entirety would be beneficial as well, when we look at the transportation costs and the costs to the grocery stores. It is a huge detriment, so scrapping the carbon tax altogether would also be of huge benefit, and I do not see any of that in the budget either.

Consideration of Government Business No. 30

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Madam Speaker, it is always an honour to rise in this place and represent the amazing people of Medicine Hat—Cardston—Warner, as well as all Canadians.

It is said that imitation is the sincerest form of flattery, but it is breathtaking just how desperate the Liberals have become. In the House of Commons, we are witnessing a curious trend: imitation disguised as Liberal innovation.

The recent flurry of activity from our Liberal counterparts presents a spectacle. It is desperation masquerading as originality.

It is really fascinating. The Liberals have hastily adopted common-sense Conservative strategies to cloak their actions as a remedy for affordability, all the while seeking recognition for ideas that were not theirs to begin with.

Unfortunately, their replica has flaws, and the Liberals know that they need to ram this legislation through before Canadians realize that it is nothing more than a cheap knock-off.

If the government is looking for another idea to steal from Conservatives, maybe it could finally decide to repeal the carbon taxes, which are the real reason Canadians are facing the soaring cost of living.

First, let us dissect the fabric of the Liberals' imitation. The Liberals’ newfound fascination with affordable living appears more as a last-ditch effort to mirror our common-sense Conservative initiatives, although it lacks the authenticity and the understanding required to genuinely address the woes of everyday Canadians.

This sudden adoption reeks of desperation. Maybe they have seen the polls. Maybe they are hearing in their ridings that the Conservatives are the only party putting forward common-sense ideas.

Maybe the Conservative message of common sense sounds good to them too, but their leadership comes down heavy-handedly when they vote in favour of our legislation, like the Liberal member for Avalon, who tried to do the right thing for his constituents initially, although he eventually betrayed them and caved to his master like a typical Liberal always does.

The government's thievery of Conservative ideas seems relentless. Were members aware that the fall economic statement contained no less than four Conservative private members’ bills?

For example, there is Bill C-323, an act to amend the Excise Tax Act with respect to mental health services, from the good doctor from Cumberland—Colchester. There is Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code for adoptive and intended parents, from my friend, the member for Battlefords—Lloydminster. There is Bill C-294, an act to amend the Copyright Act, on interoperability, from my riding neighbour to the east, the member for Cypress Hills—Grasslands. There is Bill C-365, an act respecting the implementation of a consumer-led banking system for Canadians by the amazing member for Bay of Quinte.

While the Liberals eagerly snatch concepts from our playbook, they turn a blind eye to the actual root cause of the economic pains faced by Canadians: their out-of-control debt and deficits, out-of-control spending, a carbon tax that does not do anything for the environment, a rapid housing initiative that cannot build homes and inflation that results from all of their financial mismanagement.

These are the real culprits behind the soaring cost of living, behind escalating interest rates and the burdensome grocery store bills and fuel prices that burden the citizens of this country every day. Our Conservative blueprint for affordable living, particularly our Conservative leader’s building homes not bureaucracy act, stands as a testament to our commitment to the welfare of Canadians.

Our messaging, like the “bring it home” initiative, encapsulates not just slogans but a genuine drive to resolve the housing crisis plaguing our nation.

In contrast, the Liberals’ response to this crisis they partly crafted lacks the depth and innovation required for a lasting solution. Their plan, often confined within the boundaries of existing programs and reannouncements, fails to project a path forward. It is a patchwork of recycled notions rather than a blueprint for real, sustainable change, and they have no problem announcing the same promises over and over again with the same pompous Liberal attitude that most Canadians have grown tired of.

The question remains: Are the Liberals truly addressing the housing crisis or merely engaging in performative arts to mitigate the damage that their policies have caused and the fact that the vast majority of Canadians desire to see them removed from office? Their sudden attempt to provide solutions and then force them on Canadians seems more reactive than proactive, a calculated response to evade accountability rather than an earnest effort to rectify the havoc they created. I can only hope it means they are getting ready for an election.

Liberals may tout their actions as responsive and comprehensive, but in reality, they bear the marks of limited vision and failure of leadership.

The building homes not bureaucracy act, as presented by our Conservative leader Pierre Poilievre, is not just a set of words—

Copyright Act

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, I rise today to speak to a bill that is vital to residents of Abitibi—Témiscamingue and Quebec, and that is Bill C‑244, which was introduced by the hon. member for Richmond Centre.

Bill C‑244 amends the Copyright Act in order to allow a person to circumvent a technological protection measure, or TPM, if the circumvention is solely for the purpose of diagnosing, maintaining or repairing a product.

This bill was examined at almost the same time as Bill C‑294 on interoperability. What is interesting is that the Standing Committee on Industry and Technology was able to look at the issue from different angles and improve the bill's content to allow for the right to repair, to fight waste and to better protect the jobs of repair people, mechanics and technicians in the regions.

Over the past few years, it has become a lot more complicated to repair objects. Our vehicles are turning into motorized computers, and access to programming codes is needed to diagnose problems with them. Unfortunately, more and more manufacturers are refusing to share those codes or are charging independent mechanics exorbitant fees to get them, supposedly for security reasons. This situation is jeopardizing these small businesses and threatening their survival.

How are we to manage when our brand new smart phones get a cracked screen or some other defect? What do we do when our high-end, front-loading washing machine suddenly stops working? What about our three-year-old farm machinery in need of repair?

Let us consider Apple's policy on repairing its products, for example. All Apple products must be repaired at Apple stores, if the parts are available.

By patenting the majority of these parts, Apple holds on to its monopoly, while the electronic locks created by its operating software, protected under the Copyright Act, make counterfeiting liable to prosecution. For a resident of Abitibi—Témiscamingue, the situation is even more troublesome considering that the region has no Apple store. To get the service they are entitled to as consumers, these residents have to ship their product by mail or travel more than 600 kilometres to a large urban centre. Incidentally, the situation is practically the same for passports. That needs to change.

Manufacturers are increasingly choosing the answer for us: toss it out and buy a new one. Tight grips on replacement parts, restrictive design, the use of digital locks and other legal protections have all contributed to the difficulty in repairing and maintaining the increasingly high-tech things that surround us.

Bill C-244 presents a solution to the calls from many individuals who support the right to repair in Quebec. Their message is consistent: The government must make legislative changes that will give us both the right and the ability to repair the objects we own without violating intellectual property laws and other laws.

Although the purpose of the Copyright Act is to protect creators and intellectual property, the way companies have been using it to impede repairs over the last few decades is harmful to society as a whole. It impedes the second-hand market and harms small businesses specializing in repairs.

By supporting this bill, the Bloc Québécois is also supporting Quebec's small businesses that are committed to becoming repair centres, mechanics, computer specialists and artisans who have acquired the skills to repair our everyday products. This industry plays a key role in our energy transition and supports jobs throughout Quebec. Even though repair people are becoming increasingly rare in our communities, this bill lends direct support to their work. It will provide a living for many Quebeckers.

It is not just consumer electronics that are under the microscope. The bill also targets industrial equipment, agricultural equipment, medical devices, electric cars and many other machines that are becoming notoriously difficult for independent technicians to repair and maintain. This increases businesses' operational costs, curtails market competition and discourages follow-on innovation.

The costs of our increasing inability to repair things go beyond pocketbook issues. It is imperative that we consider the environmental impact as well. My colleague from Repentigny will be happy to hear me mention this. The manufacture of new devices generates considerable electronic waste and consumes precious resources. It is therefore crucial to give consumers the right to repair their products. I would like to draw my colleagues' attention to a new law in Quebec that is along the same lines as this one. It reminds manufacturers that they have a role to play in this equation.

Quebec has passed a new law on planned obsolescence. We applaud the leadership of the Quebec National Assembly, which recently passed this legislation to ensure that these products operate properly and to prevent the sale of seriously defective vehicles, what we call lemons.

Let me get back to the shameful waste of raw materials. Extraction of raw materials, use of rare earth metals, lead soldering, shipping and packaging are just a few examples of the ecological toll imposed by the short lifespan of many modern devices and equipment. Electronics waste is now globally among the fastest-growing types of waste, increasing at a rate of 3% to 4% each year. As the global microchip shortage reveals, ostensibly every industry is now the electronics industry. The failure of one electronic part often renders things inoperative, making them all the more likely to end up in a landfill prematurely.

I strongly recommended to my colleagues on the Standing Committee on Industry and Technology that we study the metals, plastics and electronics recycling ecosystems from a circular economy perspective, because the critical minerals in these electronics are important. We must stop them from ending up in landfills. This study will resume once our consideration of Bill C-27 is complete.

We need to address this shameful waste of resources to reduce our tonne of garbage. Quebeckers have had enough. I urge all parliamentarians to support this bill. By voting in favour of this bill, we are demonstrating our commitment to our local businesses, we are contributing to the fight against waste and we are meeting a fundamental need to repair for all our constituents. By supporting this bill, we are sending a strong, united message about our determination to promote a more sustainable and accessible future for all. This is an opportunity for us, as legislators, to make a positive difference in the lives of our constituents and to work in favour of an economy that is more environmentally friendly.

Let us make sure that the right to repair becomes a reality for everyone.

Budget Implementation Act, 2023, No. 1

[Monique Pauzé, Bloc, Repentigny, QC]

Madam Speaker, in her speech, my colleague said that nothing is working here in Canada. The Bloc Québécois also finds that most of the time the government is just treading water, when there is a lot more that could be done for Canadians.

For example, the government launched two consultations focusing on agriculture. With regard to the first consultation, Bill C-294 and Bill C-244 were just examined in committee, so why is this consultation necessary?

With regard to the second consultation, the government wants to consult the provincial and territorial governments to help farmers with urgent financial needs. Why hold another consultation when the government just negotiated the agricultural policy framework?

Does my colleague have a word to describe that? It is as though we are taking one step forward and two steps back.

I will let my colleague come up with a word to describe the government's approach on this.

Industry and Technology

[Joël Lightbound, Liberal, Louis-Hébert, QC]

Mr. Speaker, I have the honour to present, in both official languages, the 11th report of the Standing Committee on Industry and Technology in relation to Bill C-244, an act to amend the Copyright Act (diagnosis, maintenance and repair).

The committee has studied the bill and has decided to report the bill back to the House with amendment.

I also have the honour to present, in both official languages, the 12th report of the Standing Committee on Industry and Technology in relation to Bill C-288, an act to amend the Telecommunications Act (transparent and accurate broadband services information).

The committee has studied the bill and has decided to report the bill back to the House with amendment.

I also have the honour to present, in both official languages, the 13th report of the Standing Committee on Industry and Technology in relation to Bill C-294, an act to amend the Copyright Act (interoperability).

The committee has studied the bill and has decided to report the bill back to the House also with amendment.