Evidence of meeting #37 for Canadian Heritage in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was negotiations.
A recording is available from Parliament.
Liberal
Bonnie Crombie Liberal Mississauga—Streetsville, ON
Okay.
How do you plan--I've already mentioned this briefly--to address the significant trade deficit that currently exists in cultural goods? There's a deficit of $2.3 billion. Canadian exports are $1.5 billion, imports $3.8 billion. The EU represents 5% of our exports but 10% of our imports.
How will you protect the Canadian cultural balance of trade?
Conservative
Peter Van Loan Conservative York—Simcoe, ON
The best way for us to do that is to try to encourage a vibrant and flourishing Canadian culture, one that can successfully gain a place on the world stage and have appeal globally. That's why we are seeking the kind of exemption we are seeking for cultural programs: so we can continue to encourage our cultural communities to be successful producers, not just domestically, but also internationally.
Liberal
Bonnie Crombie Liberal Mississauga—Streetsville, ON
Minister, what part of the negotiations focuses on IP? Tell us about the aspects of enforcement in the agreement for intellectual property.
Conservative
Peter Van Loan Conservative York—Simcoe, ON
Well, there will be a specific chapter, it is contemplated, that deals with intellectual property rights.
Conservative
Liberal
Bonnie Crombie Liberal Mississauga—Streetsville, ON
I'm going to cede the rest of my time to Mr. Rodriguez.
Conservative
Liberal
Pablo Rodriguez Liberal Honoré-Mercier, QC
I'd like to get back to the anti-counterfeiting agreement, a topic that was raised a little earlier. Perhaps I misunderstood your answer on Bill C-32.
Would Canada sign that agreement if Bill C-32 were not passed?
Conservative
Peter Van Loan Conservative York—Simcoe, ON
If Bill C-32 is not adopted, we will be...well, first of all, once it comes into our form and it's adopted, once it's in, we'd have to go through chapter and verse of the substance.
But if we did not have a legal basis to support the commitments or obligations under the active agreement, we would not be able to sign it. We will have to be able to undertake the legal obligations that it contemplates. Bill C-32, as it currently sits, supports the obligations that come under ACTA.
Conservative
The Chair Conservative Michael Chong
Thank you very much, Minister.
We'll suspend here for two minutes to allow our next panel of witnesses to appear.
Thank you very much for your questions and comments.
Conservative
The Chair Conservative Michael Chong
Welcome to the continuation of the 37th meeting of the Standing Committee on Canadian Heritage. We are here,
pursuant to Standing Order 108(2), study on the Canada-European Union Comprehensive Economic and Trade Agreement, the Anti-Counterfeiting Trade Agreement and issues regarding cultural diversity.
We have in front of us today on our second panel two witnesses from the Department of Foreign Affairs and International Trade: Madame St-Hilaire et Monsieur Ready.
We welcome you both. We'll begin with an opening statement.
Robert Ready Director General, Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs and International Trade
Thank you very much, Chairman.
I appreciate the opportunity to provide an update on the Anti-Counterfeiting Trade Agreement, the ACTA.
As you already know, negotiations concluded last October in Tokyo, Japan. This is a significant milestone in an initiative that began nearly four years ago, when the government announced that it would participate in negotiations toward an agreement.
These negotiations were undertaken by a group of like-minded countries, including Canada and its major trading partners, who share an interest in better combatting the growing trade in counterfeit and pirated goods and to protect consumers' health and safety.
This illicit trade continues to be an expanding global problem with no signs of slowing down. Numerous studies, including by the Organisation for Economic Co-operation and Development, indicate that the amount of counterfeit and pirated goods in world trade continues to grow steadily.
The government’s view is that Canada and Canadians not only recognize this general problem but also have an interest in addressing it, as these activities have a significant negative impact on innovative and creative industries, Canadian employment, government and corporate revenues, and, in some cases, public health and safety.
While ACTA is an international process, it is important to note that the government’s engagement on this issue begins at home. Canada’s position in the ACTA negotiations did not germinate in a vacuum; they were guided by and built on current Canadian law and policy and informed by the views and recommendations made by Canadian stakeholders and lawmakers.
I would invite committee members to recollect reports relating to counterfeiting and piracy prepared by the Standing Committee on Industry, Science and Technology and the Standing Committee on Public Safety and National Security in 2007. The government response to these reports applauds each committee’s work and notes the government’s commitment “to building on our existing efforts”. Domestic policy and legislative work in the area of intellectual property enforcement has been ongoing and longstanding, though these efforts are not yet finalized.
Since the beginning of the negotiations the government has consistently demonstrated support for strong intellectual property rights, reflected most recently in the 2010 Speech from the Throne, where the government committed to strengthening laws relating to intellectual property and copyright.
Canada’s participation in the ACTA discussions, which was announced in October 2007 and emerged out of a domestic understanding of these issues, represents one part of Canada’s international engagement to combat counterfeiting and piracy, which includes Canada’s engagement in other fora such as the World Intellectual Property Organization, the World Trade Organization, working groups that have emerged from the G-8 process, Interpol, and others.
The government undertook significant consultations with Canadian stakeholders, including by online means, by hosting round table consultations and by maintaining an open door policy for consultations with interested stakeholders on request. Canada’s position in the negotiations was fully reflective of Canada’s and Canadian interest. Foreign Affairs and International Trade Canada coordinated the input of many federal departments and agencies with an interest in the enforcement of intellectual property rights.
By being at the table, Canada has been able to influence and contribute to the outcome of the ACTA negotiations and to ensure consistency with a Canadian approach to intellectual property enforcement.
In short, Canada's participation in the ACTA process is consistent with the government’s broader domestic intellectual property strategy.
The government is currently carefully reviewing the agreement, and considering its possible next steps forward. Before signing any agreement, the government would have to be fully satisfied that it is in the best interest of Canada and Canadians to do so. Moreover, before Canada would commit to any obligations under the ACTA, the agreement would be subject to scrutiny under the Treaties in Parliament process instituted by the government.
To conclude, the ACTA represents a significant and positive step forward in the fight against illicit global trade in counterfeit and pirated goods. It does this by providing an international instrument that will enhance international cooperation and establish new international standards for the enforcement of intellectual property rights. These standards are complementary to existing international initiatives.
Canada’s participation in the ACTA negotiations stems from the recognition that illicit trade is a real and growing problem requiring concerted international action. By being at the table, Canada has been able to influence and contribute to the outcome of the negotiations.
Thank you.
Conservative
The Chair Conservative Michael Chong
Thank you very much, Mr. Ready.
We'll have about 40 minutes of questions and comments, beginning with Mr. Rodriguez.
Liberal
Pablo Rodriguez Liberal Honoré-Mercier, QC
Thank you, Mr. Chair. Thanks to Mr. Ready for being here.
I am not an expert on this treaty. I would like you to explain something to me. If I understand correctly, the agreement has been negotiated and now needs to be ratified by the countries concerned.
Director General, Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs and International Trade
The ACTA negotiations were launched in October 2007 and concluded a few months ago. So the negotiations have been concluded. The agreement is now in the process of what is called a “legal scrub”, which is to say that the agreement needs to be translated into the languages that will be authentic for the treaty--
Liberal
Pablo Rodriguez Liberal Honoré-Mercier, QC
So we have reached the stage where the negotiating countries must sign the agreement, is that correct?
Director General, Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs and International Trade
That would be one of the next steps.
Liberal
Pablo Rodriguez Liberal Honoré-Mercier, QC
Negotiations are over. The next step after all of this should be the signatures of the countries involved.
Director General, Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs and International Trade
There will be legal scrub, signatures--the various domestic processes each country has to undergo with respect to treaties.
Liberal
Pablo Rodriguez Liberal Honoré-Mercier, QC
You were there when I asked the minister what happens if Bill C-32 doesn't pass and we don't have that bill. I understand that we won't have the law necessary for us to sign that treaty. Do you agree with that?
January 31st, 2011 / 4:20 p.m.
Director General, Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs and International Trade
I'm not going to speculate on a hypothetical question. What I can say is that the ACTA, as it has been negotiated, provides the flexibility for that bill, that process of intellectual property protection, to be implemented.
Liberal
Pablo Rodriguez Liberal Honoré-Mercier, QC
In order to be a signatory to an agreement like this one, certain national laws must allow us to sign the agreement or give us the credibility and necessary tools to do so.
I put the question clearly to the minister. If Bill C-32 or some other bill on copyright is not passed, we do not have the necessary tools to sign this agreement. The minister replied in the affirmative. I don't see why you can't tell me the same thing.
Director General, Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs and International Trade
I agree with my minister.