Thank you, Mr. Chairman.
Mr. Lake, what I can do is explain to the committee what is in Bill C-11 in terms of regulation-making powers, if that's okay.
Proposed subsection 41.21(1) grants the Governor in Council the power to make regulations to exclude a TPM or a class of TPMs from the prohibitions that would be established in proposed section 41.1, which is the circumvention of TPMs, the offer of services to circumvent TPMs, and dealing in devices to circumvent TPMs, if it considers that the use of the TPMs in particular circumstances “would unduly restrict competition in the aftermarket” sector.
Proposed paragraph 41.21(2)(a) grants the Governor in Council the power to prescribe when proposed paragraph 41.1(1)(a), prohibition against the circumvention of access control TPMs, would not apply. The factors enumerated in that section must be considered, as well as any other relevant factor. These factors consider the restrictions on the use of protected materials caused by TPMs, and the effect that circumvention of the TPM would have on the market value of that protected material.
Proposed paragraph 41.21(2)(b) addresses the situation where a person who benefits from one of the eight exceptions to circumvent an access control TPM does not have the means to do so. To deal with such an instance, the provision would grant the Governor in Council the power to require a—