House of Commons Hansard #144 of the 35th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was copyright.

Topics

Copyright ActGovernment Orders

4:40 p.m.

Some hon. members

Agreed.

Copyright ActGovernment Orders

4:40 p.m.

The Deputy Speaker

All those in favour will please say yea.

Copyright ActGovernment Orders

4:40 p.m.

Some hon. members

Yea.

Copyright ActGovernment Orders

4:40 p.m.

The Deputy Speaker

All those opposed will please say nay.

Copyright ActGovernment Orders

4:40 p.m.

Some hon. members

Nay.

Copyright ActGovernment Orders

4:40 p.m.

Some hon. members

On division.

Copyright ActGovernment Orders

4:40 p.m.

The Deputy Speaker

The recorded division on the motion stands deferred.

We will now proceed to consideration of the motions in Group No. 7.

Copyright ActGovernment Orders

4:40 p.m.

Restigouche—Chaleur New Brunswick

Liberal

Guy Arseneault LiberalParliamentary Secretary to Deputy Prime Minister and Minister of Canadian Heritage

moved:

Motion No. 17

That Bill C-32, in Clause 18, be amended by a ) replacing lines 12 to 19 on page 40 with the following:

"copyright for a programming undertaking to fix or reproduce in accordance with this section a performer's performance or work, other than a cinematographic work, that is performed live or a sound recording that is performed at the same time as the performer's performance or work, if the undertaking" b ) replacing lines 25 to 32 on page 40 with the following:

"itself, for its own broadcasts; c ) does not synchronize the fixation or reproduction with all or part of another recording, performer's performance or work; and d ) does not cause the fixation or reproduction to be used in an advertisement intended to sell or promote, as the case may be, a product, service, cause or institution.

(2) The programming undertaking must record the dates of the making and destruction of all fixations and reproductions and any other prescribed information about the fixation or reproduction, and keep the record current." c ) replacing lines 37 to 40 on page 41 with the following:

"ing meets the conditions set out in subsection (1) and is part of a prescribed network that includes the programming undertaking." d ) adding after line 8 on page 42 the following:

"(11) In this section, "programming undertaking" means a ) a programming undertaking as defined in the Broadcasting Act; b ) a programming undertaking described in paragraph ( a ) that originates programs within a network, as defined in the Broadcasting Act; or c ) a distribution undertaking as defined in the Broadcasting Act, in respect of the programs that it originates. The undertaking must hold a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act.

30.9 (1) It is not an infringement of copyright for a broadcasting undertaking to reproduce in accordance with this section a sound recording, or a performer's performance or work that is embodied in a sound recording, solely for the purpose of transferring it to a format appropriate for broadcasting, if the undertaking a ) owns the copy of the sound recording, performer's performance or work and that copy is authorized by the owner of the copyright; b ) is authorized to communicate the sound recording, performer's performance or work to the public by telecommunication; c ) makes the reproduction itself, for its own broadcasts; d ) does not synchronize the reproduction with all or part of another recording, performer's performance or work; and e ) does not cause the reproduction to be used in an advertisement intended to sell or promote, as the case may be, a product, service, cause or institution.

(2) The broadcasting undertaking must record the dates of the making and destruction of all reproductions and any other prescribed information about the reproduction, and keep the record current.

(3) The broadcasting undertaking must make the record referred to in subsection (2) available to owners of copyright in the sound recordings, performer's performances or works, or their representatives, within twenty-four hours after receiving a request.

(4) The broadcasting undertaking must destroy the reproduction when it no longer possesses the sound recording or performer's performance or work embodied in the sound recording, or at the latest within thirty days after making the reproduction, unless the copyright owner authorizes the reproduction to be retained.

(5) If the copyright owner authorizes the reproduction to be retained, the broadcasting undertaking must pay any applicable royalty.

(6) This section does not apply if a licence is available from a collective society to reproduce the sound recording, performer's performance or work.

(7) In this section, "broadcasting undertaking" means a broadcasting undertaking as defined in the Broadcasting Act that holds a broadcasting licence issued by the Canadian Radio- television and Telecommunications Commission under that Act."

Copyright ActGovernment Orders

4:40 p.m.

Bloc

Gaston Leroux Bloc Richmond—Wolfe, QC

moved:

Motion No. 19

That Bill C-32, in Clause 18, be amended in the French version, by replacing line 19 on page 40 with the following:

"public au même moment que la fixation ou la reproduction, pourvu que:"

Copyright ActGovernment Orders

4:40 p.m.

Liberal

Brenda Chamberlain Liberal Guelph—Wellington, ON

moved:

Motion No. 20

That Bill C-32, in Clause 18, be amended by replacing lines 27 and 28 on page 40 with the following:

"to promote a commercial product or service."

Motion No. 24

That Bill C-32, in Clause 18, be amended by replacing line 3 on page 41 with the following:

"sixty days after the first broadcast of the fixation or reproduction, unless"

Copyright ActGovernment Orders

4:40 p.m.

Reform

Jim Abbott Reform Kootenay East, BC

moved:

Motion No. 25

That Bill C-32, in Clause 18, be amended by replacing line 3 on page 41 with the following:

"six months after making it, unless"

Copyright ActGovernment Orders

4:40 p.m.

Liberal

Guy Arseneault Liberal Restigouche—Chaleur, NB

Mr. Speaker, on a point of order, I think the agreement was a mover and seconder were named. I thought that was the agreement this morning and I do not see that in the House at the present time.

Copyright ActGovernment Orders

4:40 p.m.

The Deputy Speaker

The Chair was not aware of that. The fact is we are not supposed to mention the fact that members are not in the House. It therefore seems to be doing no violence to anybody to ask a colleague to be a seconder.

It seems that is not acceptable.

I have the blues from this morning, thanks to our most efficient table. The member for Fraser Valley East said we had an unfortunate situation with a very ill member who is not able to attend the House today for the debate. He wondered if there would be unanimous consent of the House for the motions presented in the name of the member for Edmonton-Strathcona to be tabled by the member for Kootenay East, the Reform critic in the area and leading the debate for that party. He then asked if there would be unanimous consent for those motions to have been deemed moved and seconded.

I gather there was unanimous consent.

The fact is the deemed mover is here.

Copyright ActGovernment Orders

4:45 p.m.

An hon. member

The deemed seconder is not.

Copyright ActGovernment Orders

4:45 p.m.

The Deputy Speaker

That is exactly the point. The part I read from the blues would not seem to indicate that the matter was clear. I think it is common ground here that the mover is the important one, the seconder is not.

Copyright ActGovernment Orders

4:45 p.m.

An hon. member

No, no.

Copyright ActGovernment Orders

4:45 p.m.

The Deputy Speaker

I will hear representations on this matter.

Copyright ActGovernment Orders

4:45 p.m.

Reform

Jim Silye Reform Calgary Centre, AB

Mr. Speaker, I rise on a point of order. As you read out from the blues it is quite clear to me that our whip asked for unanimous consent. Since our member who put forward that motion is gravely ill we asked that our critic for the area be the mover and that it be deemed to be carried.

Mr. Speaker, the word "deemed" is in there if you want to reread that for the minister of heritage and the parliamentary secretary because those are the two who are objecting to this. Maybe they will see that your interpretation is the correct one and that the seconder is deemed and therefore the motion should move forward and not be objected to by the government as is the case.

Copyright ActGovernment Orders

4:45 p.m.

The Deputy Speaker

Perhaps the parliamentary secretary could shed some more light on this, but as I have indicated the word "deemed" is very clearly in the blues. This Chair was not here this morning. I assume the parliamentary secretary was and perhaps he can add some light on this.

Copyright ActGovernment Orders

4:45 p.m.

Restigouche—Chaleur New Brunswick

Liberal

Guy Arseneault LiberalParliamentary Secretary to Deputy Prime Minister and Minister of Canadian Heritage

Mr. Speaker, with all due respect there was a request this morning for unanimous consent to have the mover and a seconder and we agreed to it.

I think there should have been a request if the hon. member was not here to second it. We would have been glad to allow someone else to second the motion. We will go along with that. We would go along with allowing someone else to second the motion.

Copyright ActGovernment Orders

4:45 p.m.

The Deputy Speaker

The member for Fraser Valley East is now here.

Copyright ActGovernment Orders

4:45 p.m.

Reform

Chuck Strahl Reform Fraser Valley East, BC

Mr. Speaker, I rise on a point of order. I tabled earlier today with the table the request in which I did say at that time that the motions would be deemed moved and seconded. I put forward that they would be deemed moved and seconded and that is what we asked unanimous consent for.

Copyright ActGovernment Orders

4:45 p.m.

The Deputy Speaker

I sense that there is agreement.

Copyright ActGovernment Orders

4:45 p.m.

Liberal

Brenda Chamberlain Liberal Guelph—Wellington, ON

moved:

Motion No. 26

That Bill C-32, in Clause 18, be amended by replacing line 4 on page 41 with the following: a ) the copyright owner or that owner's representative authorizes its''

Motion No. 27

That Bill C-32, in Clause 18, be amended by deleting lines 8 to 11 on page 41.

Copyright ActGovernment Orders

4:45 p.m.

Reform

Jim Abbott Reform Kootenay East, BC

moved:

Motion No. 28

That Bill C-32, in Clause 18, be amended by replacing line 10 on page 41 with the following:

"after the six months, the programming under-"