If you look at the comparative analysis, the New Zealand legislation is substantially different from what's in Bill C-11 already. It repeatedly references links to technological protection measures that protect copyright, not public domain works, and circumvention for lawful purposes being legitimate. It also mandates a consumer right of access where technological protection measures apply.
The Swiss example is much simpler. It's a shorter provision that basically says none of the prohibitions against circumvention apply where the purpose is a lawful purpose. So it's much simpler. It would be easier to put into Bill C-11.
I like the New Zealand legislation a little bit better. I think it strikes a better balance between protection and competition.
There's a third option that I think is very important should this committee wish to consider it, and that's by elaborating in proposed section 41.21 where the Governor in Council has the power to make regulations. Currently this legislation goes beyond what's in the Digital Millennium Copyright Act in the United States, which has a triennial review process for allowing exceptions to permit circumvention. This bill just basically says the Governor in Council “may” do that.
So one of the things that at minimum this committee could do would be to mandate the Governor in Council to enact regulations providing the same kinds of exceptions as currently exist in U.S. law, as at least a starting point.