Mike Lake

[Copyright Modernization Act, February 8th, 2012]

Madam Speaker, I look forward to working with the hon. colleague on the copyright committee, the legislative committee to study this legislation.

The bill is all about finding the balance between the creators of copyright material and Canadian consumers. We want to ensure that we have a regime that rewards creators for their work. Right now the existing legislation does not deal with these new technologies in a way that would allow creators to be compensated fairly for their work. We want to ensure that we create an environment where consumers are paying for the music they listen to, that they are paying for the movies they watch, that they are not watching pirated copies, and that they are paying for the books they choose to read. We want to create an environment where that exists. That environment is not protected right now to the extent that it should be. The bill is all about that.

[Copyright Modernization Act, February 8th, 2012]

Mr. Speaker, I am pleased to rise to speak to Bill C-11, the copyright modernization act.

We live in an increasingly digital society with Canadians spending more time online than ever before. We are creating new and powerful information and communications technologies that are transforming our economy. These digital technologies have had an enormous impact on how people can develop, transform, distribute and make use of copyrighted works.

To be sure, this impact does not come without challenges, primarily the imperative of combatting the theft of copyrighted materials. However, it also creates opportunities which, with the right framework, can be seized by Canadian creators and consumers to add enormous value to our economy.

Consumers today use copyrighted material in ways that were not available a decade ago. Today's technology allows us to copy the films and music we bought onto our personal devices, shifting it from one format to another. We have the ability to back up our pictures on computers or on the cloud. Gone are the days when we had to watch our favourite program at a certain time. We can now time-shift programs by recording them on a PVR, or simply by streaming the content off the web to enjoy at our convenience. Bloggers and vloggers are finding new and exciting ways to create their own non-commercial web content, posting it on YouTube for the world to see.

Today I would like to direct the attention of the House to one particular sector of consumers, those who would use digital technology for educational purposes.

The explosion of digital choices presents many opportunities to the education sector. Perhaps nowhere is the potential of the digital society more exciting than in the field of education. The Internet has made available educational material that was once much more difficult to access. Online learning has created new opportunities for all Canadians, especially those in rural and remote locations.

The bill before us would modernize Canada's Copyright Act to address the challenges and opportunities presented by the digital age. It would expand the ability of educators and students to make fair use of copyrighted materials in the course of their education and learning. It would also ensure a technologically neutral approach to education, removing references to things like flip charts and overhead projectors. These much needed updates reinforce our government's long-standing policy support for education and training.

Canada's current laws on copyright were last amended before the Internet was available as a powerful educational tool. As a result, the rules around how copyrighted material may be used to support learning have simply lost step with reality. Bill C-11 would correct this problem and ensure that our copyright laws will be able to adapt no matter how the technology evolves. The Copyright Act already acknowledges that certain uses of copyrighted material by educational institutions serve the public good and in many cases provides special flexibilities to foster learning. The bill would enable educators and students to adapt to new and emerging technologies. We want to enhance the traditional classroom experience and facilitate new models for education outside the physical classroom.

We are building on the existing Copyright Act to grant a larger range of uses for copyrighted material. We are expanding a feature of Canadian law known as “fair dealing” to include education. Fair dealing permits individuals and businesses to make certain uses of copyrighted material in ways that do not threaten the legitimate interests of copyright owners and where the use of the copyrighted material could have important economic, societal and cultural benefits. For example, a teacher might provide students with copies of a recent news article that applies to a current lesson.

We also propose allowing teachers and students to use publicly available material found on the Internet, which has been legitimately posted for free by copyright owners, for the purposes of teaching and education. For example, a teacher could make handouts that include an illustration from a website that is freely accessible.

Schools would also be allowed, subject to fair compensation for the copyright holders, to digitally deliver course materials. As well, educational institutions may make a copy of a broadcast of a current affairs program for educational purposes.

The bill would further facilitate online learning. It would allow schools to transmit lessons which include copyrighted sections over the Internet. This would allow, for example, a student in Nunavut to access an online course offered by the University of Alberta. What could be more important for education in a country as vast as Canada than to make sure students in all regions, including Canada's north, have better opportunities to learn?

We are also proposing new measures aimed at supporting libraries, archives and museums in the preservation of our culture. Libraries would be permitted to make copies of copyrighted material in an alternative format if there is a concern that the original is in a format that is in danger of becoming obsolete. Moreover, libraries would be able to electronically deliver material, such as scholarly or scientific journal articles, through interlibrary loans.

These changes are not only important, they are vital to ensure that the products from innovative creators will not be disadvantaged under the law. By extending the fair dealing provisions to the realm of education, we will improve the educational environment, giving Canadians the opportunity to learn in innovative and dynamic environments. At the same time, we will reduce the costs for fair uses of copyrighted materials in a structured educational context.

These changes will bring our educational environment into the 21st century.

As Paul Davidson, the president of the Association of Universities and Colleges of Canada, said:

This bill reflects a fair balance between the interests of creators and users of copyright works and is a positive step forward for university communities across Canada.

The Council of Ministers of Education, Canada also responded positively to Bill C-11, saying:

Ministers of education recognize that this federal copyright legislation will have significant implications for how the Internet is used by students and educators across Canada.

Its support is echoed by over 1,000 organizations and associations which have come out in support of copyright reform.

The Government of Canada has also made significant investments in Internet infrastructure, education and skills development. The bill would reinforce and complement those investments.

We are in the process of implementing our strategy for the digital economy, a key element of which is ensuring that we have modern laws and regulations. We passed important new anti-spam legislation and introduced a bill to update privacy laws. These measures will build confidence among consumers, cut costs for businesses and protect the rights of Canadians.

The copyright modernization act will help to advance Canada's strategy for the digital economy. It will assist us in making better use of our substantial investment in education and digital infrastructure. It will help protect innovation and attract new investment, enabling Canadian consumers to make the most of new technologies, while ensuring that creators are fairly compensated for their work.

I encourage all hon. members to join me in supporting this important bill.

[Ending the Long-Gun Registry Act, February 7th, 2012]

Mr. Speaker, I found it interesting that the Liberal member's defence was that the previous Liberal government only wasted $800 million on the gun registry.

I am from an urban riding. In my riding, this issue is probably one of the most corresponded on issues in my six years as an MP, probably running about 95% in favour of abolishing the long gun registry.

From the hon. member's standpoint, why does he thinks Canadians feel so strongly about the need to get rid of the long gun registry?

[Improving Trade Within Canada Act, November 24th, 2011]

Mr. Speaker, the agreement on internal trade is an evolving process and it will continue to evolve. This government will continue to be focused on all factors within the agreement.

In regard to energy, it is not helpful when members of the New Democratic Party travel down to the U.S., our largest trading partner, and lobby against the interests of Canadians. That is absolutely not helpful when we are dealing with issues on energy security.

What is also not helpful in the area of our energy sector, which tends to be driving the Canadian economy and the social programs that we hold so dear here, is parties proposing things like a carbon tax, which the hon. member's colleague from Vancouver Island just recently raised again. It has been part of the election platforms of both the Liberal Party and the NDP in previous elections. That is not helpful to the Canadian economy.

[Improving Trade Within Canada Act, November 24th, 2011]

Mr. Speaker, as the Edmonton caucus chair for the Conservative Party, I have had the opportunity to meet with several business groups, employer groups and many constituents. One of the top concerns that I hear time and time again is that they cannot find the labour they need in Alberta right now. At a time when Canadians need jobs, and there are still Canadians who are looking for work and need jobs, in excess of the 600,000 net new jobs that we have created, there is a place where jobs are available. However, we need to ensure we have measures in place to encourage labour mobility in this country.

Back in 2009, the Prime Minister made an agreement with the provinces and territories on this issue. The legislation that we are talking about today would put teeth behind that agreement. It puts penalties in place if the federal government does not meet its commitment in regard to that agreement.

This is not a long piece of legislation but it is important. We hope that we can count on the support of members of all parties in the House to get it passed quickly.

[Improving Trade Within Canada Act, November 24th, 2011]

Mr. Speaker, I will not thank the hon. member for the question. There really was not even a hint of truth in that question or any facts in that question.

I can talk about some facts. I can talk about some reality for the hon. member. The reality is there were 600,000 net new jobs created in Canada since July 2009.

The reality is we have the soundest banking system in the world, according to a very credible third-party source, the World Economic Form, four years in a row. The IMF and OECD, again, which are very credible third-party organizations, have said that Canada continues to lead the industrialized world through a time of very difficult global economic uncertainty.

There are those around the world who are praising Canada. Canada is the envy of the world, in terms of our approach to the global economic slowdown. Yet, all that we see from the opposition parties, both the NDP and the Liberal Party, are ideas to turn a complete 180 degrees, to go in exactly the opposite direction, to raise taxes. The very taxes that are lower now under this government and have been credited for Canada's economic strength, the opposition parties want to raise. We are not going to go in that direction.

[Improving Trade Within Canada Act, November 24th, 2011]

Mr. Speaker, I welcome the hon. member to the industry committee where he has just joined us. I look forward to working with him on this and other things that we study at the industry committee.

With regard to the question, the bill is fairly straightforward. It does not deal with many of the things that he talked about in the question. It is following through on an agreement made by the federal government and agreed to by the provinces and territories that are part of the agreement, the provinces that have members of the legislative assemblies from all parties, and governments representing all parties.

It is a bill that is widely seen as being very important by all parties across the country, simply dealing with the enforcement mechanisms mainly to ensure that there are actual teeth behind the agreement and ensuring, again, we have that free flow of persons and goods and services across this country that are critical for us to maintain the leadership position that we have globally, economically, the position that has Canada being, really, the envy of the industrialized world when it comes to our approach on the global economy.

[Improving Trade Within Canada Act, November 24th, 2011]

Mr. Speaker, I am pleased to rise to speak to the important amendments contained in Bill C-14 and to how its provisions help promote a vibrant economic union in Canada.

The bill seeks to implement improvements to the Agreement on Internal Trade, as agreed upon by the Government of Canada and all of the provinces and territories. These proposed amendments aim at strengthening the enforcement of this important agreement and ensuring governments are accountable in meeting their obligations toward this agreement.

One element I would like to highlight today is that the bill demonstrates the commitment of the Government of Canada to continuously strengthen our economic union by working in co-operation with provincial and territorial governments. However, it represents other significant developments as well and I would like to take advantage of this opportunity to cover some of them.

First, I would briefly remind the hon. members of what the Agreement on Internal Trade is all about and of the recent improvements to that agreement that go beyond how it is enforced. I think this will help to set out the reasons for the legislation that is before the House today. I will begin by taking a step back to touch on the importance of internal trade to our economy.

From the global perspective, the times continue to be challenging economically. Yet Canada has, through its sound economic and regulatory practices, weathered the storm better than almost any other nation. However, because the global challenges remain, it is more important than ever to ensure that our own house remains economically sound. The government has always taken the position that strengthening trade is not just something we seek to do internationally, but nationally as well. Internal trade strengthens competition which increases choice for businesses and consumers and drives productivity and innovation. To that end, we remain committed to encouraging, facilitating and playing a prominent role in implementing efficient internal trade practices within and across Canada.

The primary vehicle for strengthening the country's internal trade ties is the Agreement on Internal Trade. A bit of the history of the agreement is in order here since, in part, that history sets the stage for our discussions today.

The Agreement on Internal Trade is Canada's only national agreement governing the free movement of persons, goods, services and investments within Canada. On July 1, 1995, the Agreement on Internal Trade came into effect after being signed in 1994 by the Government of Canada and 12 provincial and territorial governments. Among other things, the agreement provides for general rules which prevent governments from erecting new trade barriers and which require the reduction of existing ones in areas covered under the agreement, as well as specific obligations in key economic sectors such as transportation, natural resources and communications, which cover a significant amount of economic activity in Canada. In addition, the agreement deals with cross-sectoral issues such as consumer protection and the streamlining and harmonization of regulations and standards.

To ensure each government lives up to its obligations under the Agreement on Internal Trade, governments and individuals can dispute the conduct of any government party to the agreement. In fact, the agreement contains specific provisions governing the administration and resolution of internal trade complaints. This process is key to ensuring the effectiveness of the Agreement on Internal Trade in committing governments to open and integrated internal markets and a stronger economic union.

One of the most important things to note about the Agreement on Internal Trade is that it is not a static agreement with rules that never change. Rather the agreement is in a constant state of evolution to meet the demands of our ever-changing economic landscape. For its part, the Government of Canada has remained committed to continuously working with the provinces and territories to improve the provisions of the agreement and expand its scope of coverage across the Canadian economy.

Indeed, the AIT has evolved to meet the changing needs of commerce and labour markets. In recent years, for example, the Government of Canada with the provinces and territories have incorporated an agriculture chapter that fosters freer trade of agricultural products. The chapter covering government procurement practices was also expanded to cover additional entities and the labour mobility chapter was also amended.

On the issue of labour mobility, I would like to take a moment to highlight the new AIT obligations to which the Government of Canada and the provinces and territories agreed to ensure better pools of available and skilled labour across the country.

As hon. members know, one of the biggest stumbling blocks to freer internal trade practices has been the matter of labour mobility. Over the decades, it has been a very difficult and contentious issue on which to come to agreement. That is why in January 2009 the Prime Minister and other first ministers were pleased to announce their agreement on amendments to the AIT that would enhance labour mobility in Canada.

In August 2009 a revised labour mobility chapter came into force. The new provisions ensure that a worker certified by regulatory authority in any one province or territory shall be recognized as qualified by all other provinces and territories. Certified workers are no longer required to undergo additional material training, testing or reassessment, resulting in seamless recognition across provinces and territories. The net result is improved employment opportunities and better access to a larger and richer pool of human resources for Canada's employers.

As we see, internal trade is a key to our economy and the AIT has allowed the Government of Canada, with the provinces and territories, to get things done toward building a better and stronger Canada. Our collective efforts are ongoing.

Bill C-14 is the next step toward improving trade within Canada. The bill would improve the dispute resolution process and the enforcement mechanism of the agreement on internal trade.

Let me say why this is important in today's context. A commonly-recognized challenge within the agreement has been the effectiveness of its dispute resolution mechanism. The lack of strong enforcement tools has made the agreement less effective than it could be in ensuring freer and open internal markets. Without credible penalties, panel rulings could be ignored without consequence, and this issue has been raised by a number of private sector stakeholder groups, think tanks and even international organizations.

The Government of Canada understands and shares in the view that the agreements on internal trade need stronger enforcement. For this reason, all parties agreed in October 2009 to changes that would improve the dispute resolution process and strengthen the enforcement tools under the AIT. These changes apply to disputes between Canadian governments party to the AIT and not to disputes raised by or against a private citizen, business or association.

Key to the changes that were approved is the integration of monetary penalties that can be applied against a government for its continued failure to comply with the agreement. Simply put, an administrative monetary penalty is like a fine that is imposed on a government because it has not lived up to its end of the bargain in keeping our internal boundaries open for a more integrated economy with a multitude of choices for Canadians. With these fines now built into the process, they provide governments with an additional incentive to ensure they comply with the agreement and that they do their part in contributing to the sustainability of our economy.

How much are these penalties? The size of the monetary penalty varies by the population of the jurisdictions in question to take into consideration the budgetary constraints of some of the smaller governments. Maximum amounts range from $250,000 for the smaller provinces and territories like P.E.I. and up to $5 million can be applied against the Government of Canada and the larger provinces like Ontario and Quebec.

Furthermore, these amounts take into consideration the severity of the conduct in question. The new changes to the dispute resolution process permit a body called a compliance panel, that deals with disputes against governments for non-compliance with the agreement on internal trade, to determine an amount that corresponds to the negative impact of the measure in question. It also takes into consideration whether a government has made good faith efforts to remedy its situation so as to ensure that it is in compliance with the agreement.

Hon. members should also know that a government can lose its privilege to raise a dispute against another government if it fails to do its part in rectifying its non-compliant conduct. The application of these measures would encourage all parties to comply with their obligations and, over time, help to create a free and open market with better choices for businesses and consumers. In addition, the new process allows for appeals and for new qualification criteria for panel members.

In brief, those are some of the agreements on internal trade amendments agreed to by the federal government and provincial and territorial governments on the enforcement side. To back up our agreement, the 13 governments have either completed or are in the process of taking the necessary steps to implement these changes in their jurisdictions, including introducing new or amended legislation.

This is where we now come to Bill C-14, which is the Government of Canada's proposal to implement the new enforcement requirements under the agreement on internal trade. Bill C-14 is a very short bill, so there are not many specifics to account for, but it is what is in these provisions that makes for some powerful messaging.

Bill C-14 seeks to fulfill federal commitments made when it joined the provincial and territorial governments to provide for a stronger enforcement mechanism for government-to-government disputes under the agreement on internal trade. It is the legislation required for the Government of Canada to ensure that the new dispute resolution process under the agreement can be implemented for the federal government.

Under the new changes, governments have agreed to include monetary penalties. With Bill C-14, the Government of Canada will ensure that any monetary penalties awarded against it can be enforced in the same manner as an order of the Federal Court of Canada.

This is the important point. With the passage of this bill, it means that monetary penalties against the Government of Canada may be triggered for payment through the legal system and from the federal consolidated revenue fund if the government ever failed to make a payment.

I am not saying that should ever happen, but as this government is committed to act responsibly with respect to its commitments for a stronger economic union, it is also important to back that up with real accountability for that commitment. It is about being accountable for our actions as assessed by a qualified panel focused on Canada's internal markets.

This is not all that Bill C-14 does. It also provides for governor-in-council appointments of panel members to follow new qualification criteria to improve the decision-making process. It takes care of some other housekeeping amendments to the AIT implementation act and Crown Liability and Proceedings Act so that the supporting legislation is clear and up to date.

At the end of the day, Bill C-14 is a demonstration of the federal commitment to improving the agreement on internal trade and to continue strengthening the economic union. As provinces and territories are also taking similar steps in their jurisdictions to implement the new changes to the dispute resolution process, the bill is also a symbol and a reminder of our collaborative efforts in working with the provinces and territories to make the agreement more enforceable.

I believe in these efforts. Together, as each government ensures the changes are effective across the country, Canadians will have a stronger national agreement that will collectively address some of the concerns and recommendations raised by stakeholder groups and hold its governments more accountable.

The clock is ticking. As Bill C-14 covers implementation of the changes for only the Government of Canada, provincial and territorial ministers of the committee on internal trade, with the agreement of their premiers, have completed or are in the process of passing similar legislation, or taking other steps necessary to ensure that accountability for compliance with the agreement on internal trade is widespread across the country.

I have spoken of the importance of internal trade for the economy, the role of the national agreement on internal trade, recent improvements to that agreement, and about the specifics of Bill C-14. Before I conclude, I will reiterate a few points on the importance of internal trade for the economy.

Internal trade for our multi-jurisdictional federation is a critical issue. This is a priority for the Government of Canada, which remains committed to working with the provinces and territories for a stronger economic union.

I mentioned already that Canada's governments have ensured greater labour mobility, introduced an agriculture chapter to the agreement on internal trade, and improved the coverage of government procurement rules. Something I did not mention is the success that we have made in removing barriers to interprovincial trucking. These efforts are all consistent with the ingredients necessary to build a stronger economic union that takes into consideration the need to work with provinces and territories to remove barriers that restrict businesses from growing, competing and producing. They are all critical elements for Canada to sustain its economic standing during these tough economic times.

I say to my hon. colleagues that at first glance Bill C-14 may seem to be a short and fairly technical bill pertaining to the administration of monetary penalties under the dispute resolution chapter of the agreement on internal trade and that, in the scheme of things, the changes may seem relatively minor. From a technical point of view that may be so, but from a principled point of view, they have real importance.

As we in the federal jurisdiction pass Bill C-14, we join our colleagues from other governments. Together, we show that the Government of Canada, with the provinces and territories, is committed to making national progress in removing economic barriers to more competitive markets with greater choices for Canadians. In that broader sense, we all triumph from the co-operation of governments working together for the greater good of Canada and the economic union that we are all proud of and part of.

The effective administration and evolution of the agreement on internal trade will continue to depend on co-operation. As the Government of Canada, we need to uphold our part of the relationship and pass Bill C-14. I now urge all members of the House to pass this important piece of economic legislation, so that we can do exactly that.

[Copyright Modernization Act, November 24th, 2011]

Mr. Speaker, the hon. member spoke at one point about the importance of copyright to the economy and getting it right. Many members have spoken about the amount of consultation needed. The hon. member is new in the House so she has not been around for the last decade, when we have been discussing copyright for the four different iterations of copyright legislation that have come before the House. She was not here for the thousands of hours of consultation that went into this particular bill, or the hours and hours of debate in the House and 39 hours of testimony before committee that we have already heard. Those are numbers unheard of in my time in the House. This is about the most consulted bill that I have seen.

Most of the witnesses at committee talked about the balance in the bill and the importance of passing it quickly. I am wondering if we can count on the NDP members to actually pass the bill through the House so that we can send the bill to committee, listen to some more witnesses and hear the amendments that I imagine the NDP will put forward.

[Copyright Modernization Act, November 24th, 2011]

Mr. Speaker, the hon. member and several of his colleagues have mentioned levies and taxes on iPods. I think it was around 2008 that the collective suggested to the Copyright Board that the levy should be $75 for any device over 30 gigabytes. That was a few years ago.

As the NDP has put forward the idea of a levy, does it think that number still applies? Given that it was three years ago, maybe it should be a little higher.

I am curious to hear the hon. member's take on that idea.