Then we move on to part 4, division 7, subdivision C, which is related to the Copyright Act “notice and notice” regime.
Here's a reminder for those of you who may not embrace the notice and notice regime every day, although you probably do. The point of the notice and notice regime in the copyright system in Canada is essentially that rights holders are provided an opportunity.... It's a mandatory regime set out in the Copyright Act that requires Internet intermediaries, such as Internet service providers, to forward notices from copyright owners to Internet subscribers alerting them that their Internet accounts have been linked to alleged infringing activities, such as the illegal downloading of movies.
One of the problems encountered since Canada put in place its notice and notice regime is that people were using it to pass along notices that included settlement demands or requests for personal information. Famously, I think the case was of an 86-year-old grandmother in Manitoba who was passed on a notice for the supposed illegal downloading of a zombie apocalypse murder game, which she had no recollections of downloading. The notice indicated that she could make the infringement go away for the low price of “insert number here”.
This provision will return the notice and notice regime back to its consumer information intent, by banning settlement demands and the request for personal information in the notice regime.