Guy Arseneault

[Young Canada Works, April 23rd, 1997]

Mr. Speaker, I am very surprised again today that this question is being asked. I am an Acadian from New Brunswick, the only officially bilingual province in Canada, a fact of which I am very proud. I am proud to be a Canadian, and I am proud that Young Canada Works, a national program, is there to provide work for young people.

I personally think we should say yes, and not no, to Canada, and if it takes young people to help us recognize our country, we say yes to Canada.

[Official Languages, April 8th, 1997]

Mr. Speaker, our linguistic duality is a fundamental part of the Canadian identity and there is no doubt about the government's commitment to the official languages.

Here in the House the government will continue to play a key role in promoting the right of minority communities throughout Canada to grow and develop.

[Copyright Act, March 20th, 1997]

It is in the bill.

[Motion To Extend Hours Of Sitting, March 13th, 1997]

Mr. Speaker, I move:

That, this House continue to sit today beyond the ordinary hour of daily of adjournment for the purpose of concluding the report stage consideration of Bill C-32, an act to amend the Copyright Act.

And fewer than 15 members having risen:

[Copyright Act, March 13th, 1997]

Mr. Speaker, the debate has been going on all day.

We are now at Group No. 7 which has a number of amendments that deal basically with the ephemeral. It was well noted by the hon. member in opposition that when we first presented the bill in the House there was no ephemeral exception. Now we have that ephemeral exception which is before the House in the amendments the House is proposing.

There was some concern about whether networks and cable television would be involved with the ephemeral exception. They are under the same package. The government moved amendments in order to clarify that. It felt they were coming out of the amendments in December. We felt they were covered but the industry felt it needed some more reassurance that it was covered. That is why I think that in many cases the hon. member for Guelph-Wellington has withdrawn some of her amendments. With the input from caucus, with her input and the input of a number of others, that is why some of those amendments were made.

We also felt quite strongly that the transfer of format was probably in the bill. Due to requests from caucus members and members of the public who wanted that clarified, who wanted assurance, the government clarified that.

This section goes to the bill in a certain way especially for the Reform members who have been lobbying to have this done, but also for some of our members as well. Credit goes to all parties for the type of balance we have worked for.

It is also important to note that there is a balance. No matter what part of the bill is looked at, some feel we are leaning too far to the creator's side and others feel we are leaning too far to the user's side. We say that we have created a balance. We have taken some, we have given some, we have negotiated some. We have listened to the witnesses.

We listened to over 65 witnesses. We listened to the public and we read the briefs sent to us. We have reacted to them. We said all along that it was a complicated bill. No one would deny that.

In light of the spirit of co-operation we have had today and the type of debate we have had-it has been and continues to be a good debate-and in light of the importance of this bill to both the creators and the users who want to have this bill now and who want it clarified, I would like to move the following motion, pursuant to Standing Order 26(1):

[Copyright Act, March 13th, 1997]

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 Act, March 13th, 1997]

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 Act, March 13th, 1997]

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."

[Points Of Order, March 13th, 1997]

Mr. Speaker, I was in the Chamber at the time of the motion this morning. The Speaker was seized with it this morning. She consulted with the clerk and she made a ruling. There was another point of order this afternoon. You have since made a ruling. Mr. Speaker, with all due respect I would say to you that the matter is closed.

[Copyright Act, March 13th, 1997]

moved:

Motion No. 12

That Bill C-32, in Clause 18, be amended by replacing lines 23 to 25 on page 36 with the following: c ) prescribing the information to be recorded about any action taken under subsection (1) or (5) and the manner and form in which the information is to be kept; and''

Motion No. 13

That Bill C-32, in Clause 18, be amended by replacing lines 10 to 23 on page 37 with the following:

"(5) Where an archive requires the consent of the copyright owner to copy an unpublished work deposited in the archive before the coming into force of this section but is unable to locate the owner, the archive may copy the work in accordance with subsection (3).

(6) The archive must make a record of any copy made under subsection (5), and keep it available for public inspection, as prescribed.

(7) It is not an infringement of copyright for an archive to make a copy, in accordance with subsection (3), of any"