I'm happy to take the first crack at that question.
In some ways, your question echoes a bit the submissions from IPIC on that point.
My position is that this bill is, in many ways, consistent with Canada's obligations under CUSMA. In particular, we can look to paragraph 20.66(4)(h) of CUSMA, which is the relevant section for TPMs. It says that “a Party may provide additional exceptions or limitations for non-infringing uses of a particular class of works, performances” and so on, where “demonstrated by substantial evidence in a legislative, regulatory, or administrative proceeding in accordance with the Party’s law”. I understand what we're having here this evening to be some form of legislative or administrative proceeding.
It could be other forms of that, but the point is that if there's any sort of wiggle room in the CUSMA obligations for empowering new exceptions to TPM circumvention, the adverse effects on secondary markets is probably the most clear-cut case for why we would have that wiggle room. I can't think of a better example than the use of TPMs that are used primarily to prevent competition and the development of innovative products that follow on innovation.
My position would be that this is consistent with CUSMA and that there's not an issue.