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House of Commons Hansard #124 of the 41st Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was chair.

Topics

Copyright Modernization ActGovernment Orders

5:45 p.m.

Some hon. members

Yea.

Copyright Modernization ActGovernment Orders

5:45 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

All those opposed will please say nay.

Copyright Modernization ActGovernment Orders

5:45 p.m.

Some hon. members

Nay.

Copyright Modernization ActGovernment Orders

5:45 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

In my opinion the nays have it.

And five or more members having risen:

The division on Motion No. 22 stands deferred.

The next question is on Motion No. 23. Is it the pleasure of the House to adopt the motion?

Copyright Modernization ActGovernment Orders

5:45 p.m.

Some hon. members

Agreed.

No.

Copyright Modernization ActGovernment Orders

5:45 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

All those in favour of the motion will please say yea.

Copyright Modernization ActGovernment Orders

5:45 p.m.

Some hon. members

Yea.

Copyright Modernization ActGovernment Orders

5:45 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

All those opposed will please say nay.

Copyright Modernization ActGovernment Orders

5:45 p.m.

Some hon. members

Nay.

Copyright Modernization ActGovernment Orders

5:45 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

In my opinion the nays have it.

And five or more members having risen:

The division on Motion No. 23 stands deferred.

I shall now propose Motions Nos. 4, 5 and 9 to 21 in Group No. 2 to the House.

Copyright Modernization ActGovernment Orders

5:55 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

, seconded by the hon. member for Winnipeg North, moved:

Motion No. 4

That Bill C-11, in Clause 22, be amended by deleting lines 33 to 37 on page 19.

Motion No. 5

That Bill C-11, in Clause 22, be amended by deleting lines 30 to 34 on page 20.

Motion No. 9

That Bill C-11, in Clause 47, be amended by replacing line 25 on page 45 with the following:

“measure for the purpose of an act that is an infringement of the copyright in the protected work.”

Motion No. 10

That Bill C-11, in Clause 47, be amended by deleting lines 21 to 40 on page 46.

Motion No. 11

That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following:

“41.101 (1) Paragraph 41.1(1)(a) does not apply to a person who has lawful authority to care for or supervise a minor and who circumvents a technological protection measure for the purpose of protecting the minor if

(a) the copy of the work or other subject-matter with regard to which the technological protection measure is applied is not an infringing copy; and

(b) the person has lawfully obtained the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure.

(2) Paragraphs 41.1(1)(b) and (c) do not apply to a person who provides a service to a person referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the purposes of enabling anyone to circumvent a technological protection measure in accordance with subsection (1).

(3) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or contravenes any Act of Parliament or of the legislature of a province.”

Motion No. 12

That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following:

“41.101 (1) No one shall apply, or cause to be applied, a technological protection measure to a work or other subject-matter that is intended to be offered for use by members of the public by sale, rental or otherwise unless the work or other subject-matter is accompanied by a clearly visible notice indicating

(a) that a technological protection measure has been applied to the work; and

(b) the capabilities, compatibilities and limitations imposed by the technological protection measure, including, where applicable, but without limitation

(i) any requirement that particular software must be installed, either automatically or with the user's consent, in order to access or use the work or other subject-matter,

(ii) any requirement for authentication or authorization via a network service in order to access or use the work or other subject-matter,

(iii) any known incompatibility with ordinary consumer devices that would reasonably be expected to operate with the work or other subject-matter, and

(iv) any limits imposed by the technological protection measure on the ability to make use of the rights granted under section 29, 29.1, 29.2, 29.21, 29.22, 29.23 or 29.24; and

(c) contact information for technical support or consumer inquiries in relation to the technological protection measure.

(2) The Governor in Council may make regulations prescribing the form and content of the notice referred to in subsection (1).”

Motion No. 13

That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following:

“(5) Paragraph (1)(a) does not apply to a qualified person who circumvents a technological protection measure on behalf of another person who is lawfully entitled to circumvent that technological protection measure.

(6) Paragraphs (1)(b) and (c) do not apply to a person who provides a service to a qualified person or who manufactures, imports or provides a technology, device or component, for the purposes of enabling a qualified person to circumvent a technological protection measure in accordance with this Act.

(7) A qualified person may only circumvent a technological protection measure under subsection (5) if

(a) the work or other subject-matter to which the technological protection measure is applied is not an infringing copy; and

(b) the qualified person informs the person on whose behalf the technological protection measure is circumvented that the work or other subject-matter is to be used solely for non-infringing purposes.

(8) The Governor in Council may, for the purposes of this section, make regulations

(a) defining “qualified person”;

(b) prescribing the information to be recorded about any action taken under subsection (5) or (6) and the manner and form in which the information is to be kept; and

(c) prescribing the manner and form in which the conditions set out in subsection (7) are to be met.”

Motion No. 14

That Bill C-11, in Clause 47, be amended by deleting lines 38 to 44 on page 47.

Motion No. 15

That Bill C-11, in Clause 47, be amended by deleting lines 17 to 29 on page 48.

Motion No. 16

That Bill C-11, in Clause 47, be amended by deleting line 37 on page 49 to line 3 on page 50.

Motion No. 17

That Bill C-11, in Clause 47, be amended by deleting lines 24 to 33 on page 50.

Motion No. 18

That Bill C-11, in Clause 47, be amended by deleting lines 1 to 7 on page 51.

Motion No. 19

That Bill C-11, in Clause 47, be amended by replacing line 25 on page 51 with the following:

“(2) Paragraph 41.1(1)(b) does not”

Motion No. 20

That Bill C-11, in Clause 47, be amended by replacing line 11 on page 52 with the following:

“(2) Paragraph 41.1(1)(b) does not”

Motion No. 21

That Bill C-11, in Clause 47, be amended by adding after line 15 on page 54 the following:

“(3) The Board may, on application, make an order

(a) excluding from the application of section 41.1 a technological protection measure that protects a work, a performer’s performance fixed in a sound recording or a sound recording, or classes of them, or any class of such technological protection measures, having regard to the factors set out in paragraph (2)(a); or

(b) requiring the owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording that is protected by a technological protection measure to provide access to the work, performer’s performance fixed in a sound recording or sound recording to persons who are entitled to the benefit of any limitation on the application of paragraph 41.1(1)(a).

(4) Any order made under subsection (3) shall remain in effect for a period of five years unless

(a) the Governor in Council makes regulations varying the term of the order; or

(b) the Board, on application, orders the renewal of the order for an additional five years.”

Copyright Modernization ActGovernment Orders

5:55 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

The question is on Motion No. 4. Is it the pleasure of the House to adopt the motion?

Copyright Modernization ActGovernment Orders

5:55 p.m.

Some hon. members

Agreed.

No.

Copyright Modernization ActGovernment Orders

5:55 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

All those in favour of the motion will please say yea.

Copyright Modernization ActGovernment Orders

5:55 p.m.

Some hon. members

Yea.

Copyright Modernization ActGovernment Orders

5:55 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

All those opposed will please say nay.

Copyright Modernization ActGovernment Orders

5:55 p.m.

Some hon. members

Nay.

Copyright Modernization ActGovernment Orders

5:55 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

In my opinion the nays have it.

And five or more members having risen:

The recorded division on Motion No. 4 stands deferred.

The next question is on Motion No. 5. Is it the pleasure of the House to adopt the motion?

Copyright Modernization ActGovernment Orders

6 p.m.

Some hon. members

Agreed.

No.

Copyright Modernization ActGovernment Orders

6 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

All those in favour of the motion will please say yea.

Copyright Modernization ActGovernment Orders

6 p.m.

Some hon. members

Yea.

Copyright Modernization ActGovernment Orders

6 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

All those opposed will please say nay.

Copyright Modernization ActGovernment Orders

6 p.m.

Some hon. members

Nay.

Copyright Modernization ActGovernment Orders

6 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

In my opinion the nays have it.

And five or more members having risen:

The recorded division on Motion No. 5 stands deferred.

The next question is Motion No. 9. Is it the pleasure of the House to adopt the motion?

Copyright Modernization ActGovernment Orders

6 p.m.

Some hon. members

Agreed.

No.