James Moore

[Business of Supply, May 16th, 2007]

Mr. Chair, I could go on to reiterate my speech but perhaps the member for Vancouver Centre has some questions about the games as well so I will not take up all the time.

This is really an opportunity for Canada and I am pleased that all political parties, even the Bloc Québecois are in support. We know this is a great moment for Canada, for Quebec and for the host first nations when we have separatists telling members of Parliament from British Columbia how great a moment this will be for Canada and asking them how they can get in.

To give credit where credit is due, I know that when the Liberals were in government they did the things that were necessary to ensure the original steps, after the bid was successful, sent the right signals. They put together the right framework and infrastructure to ensure the games would be a success. We hope we have their continued support in doing everything that we need to do to ensure the games will be a success.

We have the Conservative government proudly on side. We have the Liberals, hopefully, completely on side. We even have the separatists , on side. Hopefully we can now get the New Democrats to come on side and recognize an opportunity when they see it.

[Business of Supply, May 16th, 2007]

As I was saying to the member for Vancouver Centre, the Olympics will also be using the most important environmentally sustainable practices throughout the games. To date, environmental assessments have been completed for all the major outdoor venues for the Games. This practice will continue as we move closer to 2010. Our goal is to work diligently with the Vancouver Organizing Committee to deliver a truly sustainable games experience.

With respect to aboriginal participation, the Government of Canada is committed to working collaboratively with first nations communities on the 2010 Winter Games, especially those who will be most affected by the events. For example, some of the Olympic events will be held on the shared lands of the Lil’wat, Musqueam, Squamish and Tsleil-Waututh First Nations.

We want to make sure that those communities are consulted at all steps, from the planning to the staging of the 2010 Winter Olympic Games. To that end, we gave funds to the Four Host First Nations Society to support its efforts with its partners in the 2010 Winter Olympic Games.

The mission of the society is to ensure that first nations culture and traditions are recognized, respected and promoted during the planning, the preparation and the staging of the games.

The Government of Canada has committed $552 million toward staging the best Winter Games ever. This includes $290 million in capital funding for sport and event venues and $130 million for essential services, such as security planning, emergency preparedness, immigration and customs services and meteorological services.

I want to call attention to an innovation that I find particularly interesting, which is our plan to build live sites in Vancouver and in Whistler. The government intends to invest $20 million in this enterprise. These sites are public spaces where those who do not have tickets to the events can gather to participate at no charge in the energy of the 2010 Winter Games. The sites will feature television coverage of competition, stage, entertainment, exhibits and display and pavilion spaces so that many more ticket holders themselves can be part of the festivities and feel the pride of being Canadian.

As for direct legacy benefits to Canadians, when the 2010 Winter Games are over, Vancouver and Whistler will have gained world-class facilities and a well trained army of volunteers. The athletes' villages in both cities are being designated to address the needs of the communities well into the future. The Vancouver athletes' village, for example, will be built on former industrial land and, following the 2010 Games, will be turned into a model sustainable community. Meanwhile, volunteers from across the country will return home after the 2010 Games with new skills and valuable experiences.

Some other advantages of hosting the 2010 Olympic and Paralympic Games are more difficult to measure but will nonetheless leave a lasting legacy. Energy and enthusiasm are an integral part of Olympic Games. The games will be an inspiration for many Canadians and will convince them to increase their sporting activities and improve their fitness.

Canadian artists will receive unprecedented exposure during the cultural Olympiad, leading up to the 2010 Winter Games, adding to Canada's already vibrant artistic landscape. The cultural inclusiveness associated with the games has already created new opportunities for first nations communities, youth, ethnic communities and the disabled.

Perhaps most important, the 2010 Winter Games will provide a rallying point for community and national pride, pride in one's country from an efficiently run Olympic effort, pride in the strength in the international reputation that will result from this cost effective experience, pride felt by artists and businesses for whom the Olympics will bring increased success. These will be the lasting legacies of the 2010 Winter Games and this government is a proud and committed supporter of this critical enterprise and great opportunity for Canada.

[Business of Supply, May 16th, 2007]

No, Mr. Speaker. I will be using all of my time.

[Business of Supply, May 16th, 2007]

Mr. Speaker, I am very pleased to come to the committee of the whole to discuss the Government of Canada's participation in the organization of the Vancouver-Whistler 2010 Winter Olympic and Paralympic Games.

As any athlete could confirm, the Olympics are the most important sports competition in the world and provide an opportunity for all participants to show their country and the rest of the world what they are made of.

For Canada, hosting the 2010 Winter Olympic Games is an excellent opportunity to celebrate and to show the whole world what distinguishes us as Canadians, namely, our diversity and our excellence in sports, athletics and culture.

This week the Vancouver organizing committee for the 2010 Winter Olympics and Paralympic Games, VANOC, publicly released in French and in English their business plan for the games operations.

I am pleased to report that we have reviewed it and congratulate VANOC for presenting a balanced budget. Having the plan available to the public enhances transparency and understanding of the challenges and opportunities presented by hosting the winter games.

VANOC commits that these games will be on time and on budget. VANOC's business oriented, no-nonsense approach to the Olympic Games planning is only the first of many Canadian legacies of the 2010 games.

The 2010 winter games will leave lasting economic, sport and social legacies for Canadians, not only in British Columbia, but also right across Canada.

The Government of Canada is working in close collaboration with our partners to ensure this happens. Through a comprehensive multi-party agreement signed in 2002 among key stakeholders of the 2010 winter games, the government has pledged essential support that we are convinced will make these the most successful winter games ever.

I recognize that this is a bold and ambitious goal, but look what we did in 1988. The Olympic experience in Calgary was a resounding success, especially notable for having left lasting legacies.

Today Calgarians and visitors to Calgary enjoy the Canada Olympic Park built by Calgary Olympic Development Association following the Olympics from a portion of its surplus. The association has also provided ongoing funding for Canadian Olympic athletes, which has made a lasting impact on Canadian sport.

The 1988 winter games left a significant social legacy as well. The games relied on an unprecedented number of volunteers and experience that they took back to share with their communities once the games were over.

To stage an equally successful Olympic and Paralympic effort in Vancouver and Whistler requires a high level of organization and a substantial financial commitment from the Government of Canada.

The multi-party agreement I spoke of a moment ago sets out the responsibilities of each of the stakeholders in a manner to meet their objectives of staging an inclusive 2010 winter games delivered on time and on budget that will showcase Canada's accomplishments and innovations to the world and create lasting legacies for Canadians.

Key Government of Canada priorities for the 2010 winter games are enshrined in the agreement. Three priorities in particular are: the promotion of Canada's two official languages, respect for the environmental sustainability, and active participation throughout the Olympic and Paralympic experience of Canada's aboriginal communities.

Mr. Chair, I will take a few minutes to address each of these objectives.

The Senate Committee on Official Languages examined the best ways of promoting Canada's linguistic duality in the context of the 2010 Winter Games.

In fact, the committee believes that the games provide an excellent opportunity to promote our linguistic duality. In its report, the committee made 10 recommendations. It suggested, among other things, providing funding to ensure participation of British Columbia's francophone organizations in the games and to allow equitable access to games programming for all Canadians.

The committee said it was encouraged by the commitment of the games' major partners toward the official languages. The Government of Canada shares this optimism. However, we cannot ignore the fact that we will face some challenges. We want to ensure that both of Canada's official languages are proudly represented at all stages of the 2010 Winter Games, from planning to full operations.

For its part, the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games said it intended to go beyond its linguistic obligations as provided in the multiparty agreement and the Official Languages Act.

The Government of Canada is also committed to ensuring environmental sustainable practices throughout the 2010 winter games are used.

[Business of Supply, May 16th, 2007]

How do you cancel a volunteer initiative? It is just volunteer.

[Olympic and Paralympic Marks Act, May 16th, 2007]

Mr. Speaker, the legislation we are debating today is Bill C-47, which is important legislation for protecting the integrity of the Vancouver Whistler 2010 Olympic and Paralympic Games and also protecting the economic health of the games.

Bill C-47 is a relatively short piece of legislation and it is time limited. It contains schedules that clearly identify the various words, symbols and insignia that are protected as an Olympic and Paralympic mark. It also defines the entities that will be protected by the legislation, namely VANOC, the Canadian Olympic committee, the Canadian Paralympic committee and their partners.

I should also add that in the event that Canada plays host to another Olympic and Paralympic Games in the future, the legislation can allow for new marks to be added to the relevant schedules.

The bill provides for two main types of prohibited conduct.

First, it would prohibit persons from using Olympic and Paralympic marks, any translations of such marks, or any mark likely to be mistaken for an Olympic and Paralympic mark, in connection with a business, without the consent of VANOC or, once the games were over, the consent of the Canadian Olympic or Paralympic committees.

Second, it would prohibit persons from using their own trademark or other mark to promote or advertise their business in a manner that misleads or is likely to mislead the public into believing that their business, goods or services are endorsed or otherwise associated officially with the games, VANOC or one of the committees.

What happens if one of these prohibitions is triggered? That is the focus of the bill.

In terms of remedies, one important area where the legislation differs from the Trade-marks Act is in the test VANOC must meet to obtain an interim or interlocutory injunction against a suspected offender. As many members of the House know, the court normally applies the three part test in deciding whether to grant this type of injunction. The parties seeking it must establish that there is a serious issue to be tried, that it will suffer irreparable harm if the offending conduct continues pending trial and that the balance of the convenience is in its favour.

The bill weighs the onus on VANOC to prove the second part of the legal test and often the most difficult to establish, that of providing irreparable harm. The bill greatly facilitates VANOC's ability to enforce its rights in a fair and balanced manner and will provide certainty to businesses thinking about entering into a partnership agreement with the games.

I should note that due to the timeline of this legislation, it is to cover the duration of the games, period. This exception to the legal test will automatically sunset before the end of 2010.

The waiver of the irreparable harm test is tremendously important. It will make it possible for VANOC to act quickly and effectively in dealing with people and businesses that are infringing on the licensing and partnership program. Make no mistake, there are already many examples of that kind of behaviour. With the legislation in place, the games will have an even clearer protection in law.

Do these protections mean that the Olympic organizers will have a free hand to do what they want, as long as they want? The answer is no. The bill has been drafted very carefully to ensure that it meets the objective of facilitating partnerships for the 2010 games, without adversely affecting the lives of Canadians.

Let me make four points to demonstrate what I mean.

The first point is that Bill C-47 only applies in the commercial context. For example, the use of a protected Olympic or Paralympic mark is only prohibited when it is in connection with a business. This “in connection with a business”, a phrase that is a direct quote from the legislation, was taken from the Trade-marks Act and has been interpreted very narrowly by the courts.

This is important because some of the news coverage that we have seen about this bill suggests that it would be used outside of a commercial context to muzzle citizens' right to free speech and prevent people from parodying the games or protesting the games, but that is not this legislation's intent or effect. Therefore, if people want to parody the Olympic games in a sketch, publish an editorial cartoon, make comments on a website or through a newspaper article, or criticize the games in any way, they can refer to an Olympic slogan or include a photo of an Olympic mascot as they see fit.

The second point is that Bill C-47 has a time limit aspect to it. All the special enforcement measures it confers lapse on December 31, 2010, with the end of the games' year.

The third point is that the bill contains a grandfathering provision that prevents it from applying to anyone who adopted and began using a protected Olympic or Paralympic mark before March 2, the date of the bill's introduction in the House. As a result, persons or companies that are already using an Olympic or Paralympic mark in connection with a business will continue to be able to do so as they had before.

The fourth point is that this bill contains a number of safeguards to protect the legitimate use of an Olympic or Paralympic mark in the business context. For example, a person may use such a mark in an address, in a geographical name of their place of business, or the extent necessary to explain a good or service to the public.

Finally, I am pleased to inform the House that in its capacity as temporary steward of the Olympic movement in Canada, VANOC has committed to avail itself of the special protection provided by Bill C-47 in a disciplined, sensitive, fair and transparent manner and will be issuing public guidelines to that effect in the coming weeks.

I want to comment on one last point on the importance of this debate on Bill C-47, and that is the international context for this legislation. As I said earlier, corporate partnerships have become fundamentally important to major events, particularly international sporting events, and governments have recognized the need to protect the intellectual property rights of the events in order to attract needed corporate partners.

In fact, similar legislation has already been passed in Canada in relation to the 1976 Montreal games. This legislation enabled the Montreal organizing committee to act swiftly in the face of potential commercial misuse of the Olympic symbols, just as this bill does. The kind of legal protection we are proposing in the bill became the norm during the 1990s.

Olympic Games in the United States, Australia, Greece and, most recently, in Italy were all successful by having strong legal protections in place for their intellectual property rights. The coming games in Beijing and London already have passed similar protections into law. Canada can and must provide the same kind of protection through Bill C-47.

People in Vancouver, Whistler, throughout British Columbia and across Canada are looking forward to 2010. We are excited to welcome the world, to showcase our wonderful country and beautiful province to the thousands of visitors and billions of viewers who are eager to see Canadians compete against the world's best athletes and succeed right here on our home turf.

We know, like in Montreal and Calgary before, these Olympic Games will provide an invaluable legacy to our country. Bill C-47 would guarantee that Canada would provide the protection that would allow VANOC to attract the corporate support necessary to ensure that the 2010 Winter Olympic and Paralympic Games are the best we have ever seen.

The games will present Canada in its most favourable light and will energize our tourism industry. These games will inspire a new generation of athletes, the next Pierre Lueders, Cassie Campbells and Beckie Scotts, and provide them with a legacy of world-class facilities so they will become our next great Canadian champions.

Like Montreal and Calgary before them, these games will occupy a unique and enduring place in the hearts and minds of millions of Canadians and citizens around the world.

I urge all hon. members to support the 2010 Vancouver Olympics and our athletes through their support of this very important legislation, Bill C-47.

[Olympic and Paralympic Marks Act, May 15th, 2007]

Mr. Speaker, on behalf of the Conservative federal government, I am proud to rise in this House to begin second reading debate on Bill C-47, the Olympic and Paralympic marks act. The bill is part of the Government of Canada's effort to support the upcoming 2010 Winter and Paralympic Games.

The games, a great honour for British Columbians, are a massive endeavour that will bring the world to Vancouver, a sense of pride to every Canadian and, hopefully, championship glory to our athletes.

As reflected in the short title of this bill, the Olympic and Paralympic marks act, its purpose is relatively straightforward. The government is proposing this legislation for two main reasons: first, to follow through on a commitment made by the International Olympic Committee during the bid phase of the 2010 games to adequately protect the Olympic and Paralympic brand if the games were awarded to Vancouver; and second, to assist the Vancouver organizing committee, VANOC, to maximize private sector participation in the games that will be critical to the success and legacy of the Vancouver 2010 games.

To open the debate on Bill C-47, I would like to offer a brief explanation of how the bill will help provide a legal framework for the marketing of the games and compare that to the legislative approach taken in other countries that have hosted or will be hosting future games.

In 2010 Vancouver-Whistler will become home to 6,000 athletes and officials from more than 80 countries. An army of more than 20,000 employees and volunteers will help make the games run smoothly. The competition will be covered by 10,000 members of the media and witnessed by more than three billion people worldwide. Simply put, the Olympic Games are the world's largest sporting event. This is part of the reason why our government is so proud to be an active partner.

Our government knows that these games are about commitment whether as an athlete or as an organizing committee. Our financial commitment extends to provincial services essential for an event of this magnitude, such as security, health and immigration, as well as border and meteorological services.

Our commitment will include a legacy endowment fund that will provide operational funding for the 2010 games sporting venues and fund high-performance amateur sporting programs across Canada.

However, direct financial contribution is only part of the support that we can provide. We must also ensure that our intellectual property framework is not only up to international standards but will also foster maximum participation of the private sector in the games.

Since the 1988 Calgary Olympic Games, corporate partnerships have become a significant source of revenue for events of all kinds, from the local hockey tournaments to international sporting events. Businesses sign on as partners with particular events because the objectives that the events are in line with happen to be in line with their own. Corporate partnerships work because the value of the association enhances their corporate brands.

The Olympics are no doubt the best known sporting event in the world. Billions of people watch them on television and follow the events on the radio, in the newspapers and on line. As a result, the Olympic symbols, such as the five rings, are among the best known around the world.

The passionate global audience that is attracted to the Olympics, and increasingly to the Paralympic Games are of obvious interest to companies wanting to connect to that audience.

In response to this increased corporate attention, the Olympic movement has developed a sophisticated approach for working with those companies. The IOC, the International Olympic Committee, and the national bodies, such as the Canadian Olympic Committee, work closely with companies and organizations that want to become partners of the games or our national teams.

They work closely with companies and organizations that are interested in using Olympic or national team symbols of various kinds in their marketing and communications. Companies can compete and become official partners in specific product categories or the entire Olympic moment for a national Olympic body and for specific games.

Companies compete to receive licences that allow them to use the Olympic symbols and terms on products. They compete for the right to produce items with Olympic themes from something as simple as a souvenir T-shirt to a marketing campaign focused around the entire product line. These partnerships are now a critical part of the business plan for the event.

For the 2010 Olympic Games, VANOC has projected that it will receive 40% of its operational funding from games-related partnerships and licensing agreements.

In 2006 alone, VANOC announced that it had signed partnership agreements worth $115 million. However, corporate partnerships and licensing agreements depend on the ability of the games organizers to ensure that the Olympic partners and licensees have the unique rights that they competed for and should therefore expect.

Why does this matter? Let me use the example of the T-shirt that I just suggested a minute ago. If I operate a T-shirt company, I can compete for a licence with VANOC to sell T-shirts that have the official Vancouver-Whistler 2010 Olympics symbol on it. When I pay for that licence, I am paying for an exclusive right to produce those 2010 games T-shirts, but if others are able to use those same symbols or ones that are likely to be seen as essentially the same, what business reason do I have to compete for the licence in the first place?

We need a legal framework with clear rules on the use of Olympic symbols and associated words. We need sound, prompt and effective remedies that will deter free riders who seek to cash in on the Olympics to the detriment of the games or the official partners. Put simply, we need to protect the commitment of our partners.

That brings me today to Bill C-47. Canada has a strong intellectual property rights protection regime in place today. For example, the current Trade Marks Act provides a certain degree of protection for Olympics related marks and symbols. Under section 9 of that act, by virtue of their status as public authorities, the Canadian Olympic Committee and VANOC enjoy a certain degree of protection for various Olympic related marks.

However, in light of the upcoming 2010 Winter Games and changes in the marketplace since the Trade Marks Act was written, the protection of Olympic and Paralympic marks is of sufficient importance as to merit a dedicated stand-alone piece of legislation in addition. There are reasons for this.

The first reason is the significant expense required to host Olympic and Paralympic games, to build the world-class sporting facilities and infrastructure needed and, as I have mentioned, an increasing reliance on the private sector.

The second such reason stems from the concern that current laws are insufficient to prevent non-partner companies from using their own trade marks in a manner that misleads or is likely to mislead the public into thinking that they have some business relationship with the games. We need the legal frameworks in place to deal with what are referred to as ambush marketers. We need legislation to address the free riders who jump on the Olympic bandwagon at the last minute for a quick buck.

Finally, there is the concern that current remedies under common law are insufficient to prevent suspected trademark infringers and ambush marketers from continuing their offending behaviour during the limited timelines involved. What is needed are fast but responsible remedies as the games may be over by the time a court ruling brings a case to a close and brings a decision to a given case.

What no one wants are Olympic organizers potentially spending more time and money on litigation to protect their brand than they do on organizing the actual games. As the bulk of the brand policing would take place at a time when Canadians would prefer that VANOC, the Canadian Olympic organizing committee, and the IOC focus on delivering the best Winter Olympics and Paralympics ever.

That is why in 2002 the Government of Canada committed to the IOC to provide necessary legal measures in line with what is asked of Olympic host nations to protect the Olympic symbols, emblems, logos, marks, and many other Olympic related marks and designations. That brings us to why we are here today.

[Settlement of International Investment Disputes Act, May 15th, 2007]

Mr. Speaker, I had no intention of entering this debate; however, the member opposite is taking shots at chapter 11 of NAFTA, as my colleague from across the way raised.

Chapter 11 extends the right of Canadian companies the same legal powers that existed for foreign companies to sue the Canadian government for changing laws under unfair treatment and it extends that principle of equal treatment for Canadian companies operating in other countries. What chapter 11 does is it empowers Canada, it empowers Canadian companies, so that we can do business abroad and be treated equally with companies in those domestic nations.

Chapter 11 has been a huge benefit to Canada, has extended free trade, has created tens of thousands of jobs. How in the world can she get up in her place, in full sobriety, and actually argue against chapter 11? My God.

[International Trade, May 15th, 2007]

Mr. Speaker, I appreciate the question from my colleague because it allows me an opportunity to remind this House the great news that this government announced last week.

We announced that we are delivering $1 billion to the Asia-Pacific gateway. From the Hudson Bay Company, through the FTA, through NAFTA and now the Asia-Pacific gateway, Canada always has been and always will be a trading nation. This government is doing everything it can to ensure that it will continue to grow in the international sphere.

Premier Gordon Campbell said it best. He said, “The B.C. caucus of the federal government, the Conservative caucus, has done a great job of grabbing this initiative” and making it a success for British Columbia.

We are getting the job done.

[Infrastructure, May 14th, 2007]

Mr. Speaker, the Asia-Pacific gateway and corridor initiative is vital to the economic health and future of British Columbia, western Canada and all Canadians. That is why this Conservative government, as we promised to do, is supporting the gateway with record investments.

Our government is taking the lead. In budget 2006 we committed $591 million to the gateway. In budget 2007 we increased the amount to $1 billion. Last week we announced infrastructure projects across B.C. We are delivering on our promises and Canada will be the stronger for it.

Premier Gordon Campbell said it best last week. He said, “the B.C. caucus of the federal government, the Conservative caucus has done a great job of grabbing this initiative, of understanding this initiative, of recognizing it's an initiative not just for British Columbia, that it's an initiative for all of Canada”.

This Conservative government is investing in infrastructure, expanding our trade capacity and building a stronger, better Canada, exactly what we were elected to do.