HOUSE OF COMMONS OF CANADA
35th PARLIAMENT, 2nd SESSION
JOURNALS
No. 144
Monday, March 13, 1997
10:00 a.m.
PRAYERS
DAILY ROUTINE OF BUSINESS
Tabling of Documents
Pursuant to Standing Order 32(2), Mr. Zed (Parliamentary Secretary
to the Leader of the Government in the House of Commons) laid upon the
Table, -- Government responses, pursuant to Standing Order 36(8), to the
following petitions:
(1) No. 352-1773 concerning hormone use in livestock. -- Sessional
Paper No. 8545-352-14H;
(2) No. 352-1774 concerning the appointment of justices. -- Sessional
Paper No. 8545-352-109E;
(3) No. 352-1775 concerning abortion. -- Sessional Paper No. 8545-352-26O;
(4) No. 352-1776 concerning euthanasia. -- Sessional Paper No. 8545-352-19S;
(5) No. 352-1791 concerning victims of crime. -- Sessional Paper
No. 8545-352-107B.
Introduction of Government Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion
of Mr. Gagliano (Minister of Labour and Deputy Leader of the
Government in the House of Commons) for Mrs. Stewart
(Minister of National Revenue), seconded by Mr. MacAulay
(Secretary of State (Veterans)(Atlantic Canada
Opportunities Agency)), Bill C-89, An Act to amend the
Customs Act and the Criminal Code, was introduced, read the
first time, ordered to be printed and ordered for a second
reading at the next sitting of the House.
Pursuant to Standing Orders 68(2) and 69(1), on motion
of Mr. Peters (Secretary of State (International Financial
Institutions)) for Mr. Martin (Minister of Finance),
seconded by Mr. Massé (President of the Treasury Board and
Minister responsible for Infrastructure), Bill C-90, An Act
respecting depository bills and notes and making a related
amendment to another Act, was introduced, read the first
time, ordered to be printed and ordered for a second reading
at the next sitting of the House.
Introduction of Private Members' Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion
of Mr. O'Brien (London -- Middlesex), seconded by Mr. Lastewka
(St. Catharines), Bill C-385, An Act to amend the
Constitution Act, 1867, was introduced, read the first time,
ordered to be printed and ordered for a second reading at
the next sitting of the House.
Presenting Petitions
Pursuant to Standing Order 36, petitions certified correct by the Clerk
of Petitions were presented as follows:
-- by Ms. Catterall (Ottawa West), one concerning nuclear weapons (No.
352-1924);
-- by Mr. Gilmour (Comox -- Alberni), one concerning capital punishment (No.
352-1925) and one concerning the Senate (No. 352-1926).
GOVERNMENT ORDERS
Notice having been given at a previous sitting under
the provisions of Standing Order 78(3), Mr. Gagliano
(Minister of Labour and Deputy Leader of the Government in
the House of Commons), seconded by Mr. MacAulay (Secretary
of State (Veterans)(Atlantic Canada
Opportunities Agency)), moved, -- That, in relation to Bill
C-66, An Act to amend the Canada Labour Code (Part I) and
the Corporations and Labour Unions Returns Act and to make
consequential amendments to other Acts, not more than one
further sitting day shall be allotted to the consideration
of the third reading stage of the Bill; and
That, fifteen minutes before the expiry of the time
provided for Government Business on the day allotted to the
consideration of the third reading stage of the said Bill,
any proceedings before the House shall be interrupted, if
required for the purpose of this Order, and, in turn, every
question necessary for the disposal of the said stage of the
Bill shall be put forthwith and successively, without
further debate or amendment.
The question was put on the motion and, pursuant to
Order made Wednesday, March 12, 1997, a recorded division was
deferred until Monday, March 17, 1997, at the expiry of the
time provided for Government Orders.
The Order was read for the consideration at report
stage of Bill C-32, An Act to amend the Copyright Act, as
reported by the Standing Committee on Canadian Heritage with
amendments.
Pursuant to Standing Order 76.1 (5), the Speaker selected
and grouped for debate the following motions:
Group No. 1 -- Motions Nos.1, 8 to 11, 39, 42, 43, 46, 48 and
49.
Group No. 2 -- Motions Nos. 2, 3, 5 and 50 to 52.
Group No. 3 -- Motion No 4.
Group No. 4 -- Motions Nos. 6, 44 and 60.
Group No. 5 -- Motions Nos. 7, 54 and 57.
Group No. 6 -- Motions Nos. 12 to 15.
Group No. 7 -- Motions Nos. 17, 19, 20, 24 to 38, 58 and 59.
Group No. 8 -- Motions Nos. 40 and 41.
Group No. 9 -- Motion No. 45.
Group No. 10 -- Motions Nos. 47, 53, 55 and 56.
Mrs. Chamberlain (Guelph -- Wellington) withdrew Motions
Nos. 16, 18 and 21 to 23.
By unanimous consent, it was ordered, -- That all motions
standing in the name of Mr. Hanrahan (Edmonton -- Strathcona)
shall be deemed moved by Mr. Abbott (Kootenay East) and
seconded by Mr. Strahl (Fraser Valley East).
Group No. 1
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 1, -- That
Bill C-32, in Clause 1, be amended by replacing, in the
English version, lines 23 to 25 on page 2 with the
following:
``wise include a copy made with the consent of the owner of
the copyright in the country where the copy was made;''
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 8, -- That
Bill C-32, in Clause 18, be amended by replacing, in the
English version, line 5 on page 30 with the following:
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 9, -- That
Bill C-32, in Clause 18, be amended by replacing, in the
English version, lines 25 and 26 on page 33 with the
following:
``shall, in addition, mark the copy in the manner prescribed
by''
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 10, -- That
Bill C-32, in Clause 18, be amended by replacing lines 30
and 31 on page 35 with the following:
``if the newspaper or periodical was published more than one
year before the copy is made.''
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 11, -- That
Bill C-32, in Clause 18, be amended by replacing, in the
English version, lines 10 and 11 on page 36 with the
following:
``who is one of its patrons, but the copy given to the patron
must not be in digital form.''
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 39, -- That
Bill C-32, in Clause 19, be amended by replacing, in the
French version, lines 18 to 21 on page 42 with the
following:
``droit d'auteur le fait pour une personne agissant à la
demande d'une personne ayant une déficience perceptuelle, ou
pour un organisme sans but lucratif agissant dans l'intérêt
de cette dernière, de se livrer à l'une des activités
suivantes:''
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 42, -- That
Bill C-32, in Clause 20, be amended by replacing line 28 on
page 53 with the following:
``ferred to in section 67 may only make''
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 43, -- That
Bill C-32, in Clause 20, be amended by replacing, in the
English version,
(a) lines 28 and 29 on page 54 with the following:
``has reproduced the work, a maximum''
(b) line 34 on page 54 with the following:
``(a) under any agreement entered into with''
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 46, -- That
Bill C-32, in Clause 45, be amended by replacing line 23 on
page 69 with the following:
``in section 67 shall, on or before the''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 48, -- That Bill C-32,
in Clause 45, be amended by deleting lines 17 to 43 on page
71, and lines 1 to 37 on page 72.
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 49, -- That
Bill C-32, in Clause 45, be amended by replacing, in the
English version, line 6 on page 72 with the following:
``royalties, in respect of each of the first three''
Debate arose on the motions in Group No. 1.
Mr. Abbott (Kootenay East), seconded by Mr. Duncan
(North Island -- Powell River), moved, -- That the debate be now
adjourned.
The question was put on the motion and it was negatived
on the following division:
YEAS-POUR
Members--Députés
-- Abbott -- Blaikie -- Chatters -- Duncan -- Epp -- Gilmour
-- Gouk -- Grubel -- Hermanson
-- Hill -- (Prince George -- Peace River) -- Mayfield
-- Ramsay -- Solberg -- Speaker -- Strahl -- Taylor
-- Thompson -- White -- (North Vancouver) -- 18
NAYS-CONTRE
Members--Députés
-- Arseneault -- Bélanger -- Bélisle -- Bellehumeur
-- Bellemare -- Bertrand -- Brien -- Brown -- (Oakville -- Milton)
-- Brushett -- Bryden -- Canuel -- Catterall -- Chamberlain
-- Chrétien -- (Frontenac) -- Collenette -- Collins
-- Comuzzi -- Copps -- Cullen -- Dalphond-Guiral -- de Savoye
-- Debien -- Deshaies -- DeVillers -- Dingwall -- Duceppe
-- Dumas -- Dupuy -- English -- Fewchuk -- Fillion -- Flis
-- Gagliano -- Gallaway -- Godin -- Guimond -- Harb
-- Harper -- (Churchill) -- Hickey -- Jackson -- Jordan
-- Kirkby -- Landry -- Lastewka -- Laurin
-- Lavigne -- (Beauharnois -- Salaberry)
-- Lavigne -- (Verdun -- Saint-Paul)
-- Leroux -- (Richmond -- Wolfe) -- Lincoln -- Loubier
-- MacAulay -- Manley -- Marleau -- Massé -- McCormick
-- McKinnon -- McLellan -- (Edmonton Northwest/Nord-Ouest)
-- Ménard -- Mifflin -- Minna -- Mitchell -- Murphy
-- Murray -- O'Brien -- (London -- Middlesex) -- O'Reilly
-- Patry -- Peric -- Picard -- (Drummond) -- Pillitteri
-- Pomerleau -- Proud -- Reed -- Regan -- Richardson
-- Rideout -- Rocheleau -- Sauvageau -- Shepherd
-- Tremblay -- (Lac-Saint-Jean)
-- Tremblay -- (Rimouski -- Témiscouata) -- Tremblay -- (Rosemont)
-- Vanclief -- Walker -- Young -- 84
The House resumed consideration at report stage of Bill
C-32, An Act to amend the Copyright Act, as reported by the
Standing Committee on Canadian Heritage with amendments;
And of the motions in Group No. 1 (Motions Nos. 1 to
11, 39, 42, 43, 46, 48 and 49).
The debate continued on the motions in Group No. 1.
The question was put on Motion No. 1 and, pursuant to
Standing Order 76.1(8), the recorded division, which also
applies to Motions Nos. 8, 9, 10, 11, 39, 42, 43 and 46, was
deferred.
The question was put on Motion No. 48 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
Group No. 2
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 2, -- That Bill C-32, in
Clause 1, be amended by replacing lines 2 to 6 on page 5
with the following:
``(a) section 3, in the case of a work, or''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 3, -- That Bill C-32, in
Clause 1, be amended by deleting lines 1 to 6 on page 7.
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 5, -- That Bill C-32, in
Clause 14, be amended by deleting lines 3 to 38 on page 16,
1 to 48 on page 17, 1 to 43 on page 18, 1 to 40 on.page 19,
1 to 44 on page 20, 1 to 14 on page 21, 6 to 45 on page 22,
1 to 44 on page 23, 1 to 40 on page 24, 1 to 44 on page 25
and 1 to 16 on page 26.
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 50, -- That Bill C-32,
in Clause 46, be amended by replacing line 14 on page 76
with the following:
``do an act mentioned in section 3 or 21,''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 51, -- That Bill C-32,
in Clause 46, be amended by replacing line 20 on page 76
with the following:
``mentioned in section 3 or 21, as the''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 52, -- That Bill C-32,
in Clause 48, be amended by replacing lines 19 and 20 on
page 77 with the following:
``person to do an act mentioned in section 3 or 21, as the
case may be, the collective''
Debate arose on the motions in Group No. 2.
The question was put on Motion No. 5 and, pursuant to
Standing Order 76.1(8), the recorded division, which also
applies to Motions Nos. 2, 3 and 50 to 52, was deferred.
Group No. 3
Mr. Leroux (Richmond -- Wolfe), seconded by Mrs. Tremblay
(Rimouski -- Témiscouata), moved motion Motion No. 4, -- That
Bill C-32, in Clause 10, be amended by replacing lines 33 to
41 on page 14 with the following:
``(2) A person who for private and domestic purposes
commissions the taking of a photograph or the making of a
film has, where copyright subsists in the resulting work,
the right not to have
(a) copies of the work issued to the public,
(b) the work exhibited or shown in public, or
(c) the work broadcast or included in a cable programme
service,
and a person who does or authorizes the doing of any of
those acts, without the consent of the person who
commissions the photograph or film, infringes that right.''
Debate arose on the motion in Group No. 3.
The question was put on Motion No. 4 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 6, -- to
the Deputy Prime Minister and Minister of Canadian
Heritage) -- That Bill C-32, in Clause 15, be amended by
replacing
(a) line 29 on page 27 with the following:
``27.1 (1) Subject to any regulations made under
subsection (6), it is an''
(b) line 1 on page 28 with the following:
``(2) Subject to any regulations made under subsection
(6), where the''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 44, -- That Bill C-32,
in Clause 28, be amended by replacing lines 22 to 26 on page
62 with the following:
``where they were made, of any used books.''
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Bélanger (Ottawa -- Vanier), moved Motion No. 60, -- That
Bill C-32, in Clause 62, be amended by adding after line 18
on page 96 the following:
``(3) Notwithstanding paragraph (1)(d), paragraph
45(1)(e) of the Copyright Act, as enacted by section 28 of
this Act, shall be read as follows for the period beginning
on June 30, 1996 and ending on the day that is sixty days
after the day on which this Act is assented to:
(e) to import copies, made with the consent of the
owner of the copyright in the country where they were made,
of any used books."
Debate arose on the motions in Group No. 4.
STATEMENTS BY MEMBERS
Pursuant to Standing Order 31, Members made statements.
ORAL QUESTIONS
Pursuant to Standing Order 30(5), the House proceeded
to Oral Questions.
GOVERNMENT ORDERS
The House resumed consideration at report stage of Bill C-32, An Act to
amend the Copyright Act, as reported by the Standing Committee on Canadian
Heritage with amendments;
And of the motions in Group No. 4 (Motions Nos. 6, 44
and 60).
The debate continued on the motions in Group No. 4.
The question was put on Motion No. 6 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
The question was put on Motion No. 44 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
Group No. 5
Mr. Leroux (Richmond -- Wolfe), seconded by Mr. Laurin
(Joliette), moved Motion No. 7, -- That Bill C-32, in Clause
18, be amended by adding after line 2 on page 30 the
following:
``29.21 Section 29.5, subsections 29.6(1), 29.7(1) and
29.7(3), section 30, subsections 30.2(1), (2) and (5) and
section 30.5 do not apply in relation to works, performers'
performances, sound recordings or communication signals that
form part of the repertoire of a collective society.''
Mr. Leroux (Richmond -- Wolfe), seconded by Mr. Laurin
(Joliette), moved Motion No. 54, -- That Bill C-32, in Clause
50, be amended by adding after line 32 on page 81 the
following:
``77.1 (1) Notwithstanding section 77, where the act for
which a licence is being sought is administered by a
collective society referred to in section 70.1,
(a) the application shall be made to the collective society;
(b) the collective society shall determine whether the
conditions set out in subsection 77(1) have been met;
(c) the collective society shall have the power to issue a
licence; and
(d) the terms of the licence issued by the collective
society shall not be more onerous than those set out in the
society's licensing scheme.
(2) Where the applicant and the collective society are
unable to agree on the royalties to be paid for the right to
do the act or on their related terms and conditions, either
of them may apply to the Board to fix the royalties and
their related terms and conditions pursuant to subsection
70.2(1).
(3) Subsections 77(2), (3) and (4) apply, with such
modifications as the circumstances require, to applications
made pursuant to subsection (1).''
Mr. Leroux (Richmond -- Wolfe), seconded by Mr. Laurin
(Joliette), moved Motion No. 57, -- That Bill C-32, in Clause
53.1, be amended by replacing lines 21 to 23 on page 93 with
the following:
``53.1 Notwithstanding subsection 67.1(2), section 70.13
and subsections 71(3) and 83(4) of the Copyright Act, as
enacted by sections 45, 46 and 50 of this Act, the''
Debate arose on the motions in Group No. 5.
The question was put on Motion No. 7 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
The question was put on Motion No. 54 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
The question was put on Motion No. 57 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
Group No. 6
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Lincoln (Lachine -- Lac-Saint-Louis), 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''
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Lincoln (Lachine -- Lac-Saint-Louis), moved 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''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 14, -- That Bill C-32,
in Clause 18, be amended by deleting lines 10 to 14 on page
37.
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 15, -- That Bill C-32,
in Clause 18, be amended by replacing lines 15 to 22 on page
37 with the following:
``(6) The archive may make a copy of an unpublished work
that was deposited in the archive before the coming into
force of this section unless the author of the work advises
the archive in writing that the work is not to be copied
except where the archive receives written notification from
the author that the author has given permission to the
person for whom the copy is to be made to obtain the copy,
in which case the archive may not make a copy of the work
unless it receives such a notification.''
Debate arose on the motions in Group No. 6.
The question was put on Motion No. 12 and it was agreed to.
The question was put on Motion No. 13 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
Group No. 7
Mr. Arseneault (Parliamentary Secretary to the Deputy
Prime Minister and Minister of Canadian Heritage), seconded
by Mr. Lincoln (Lachine -- Lac-Saint-Louis), 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.''
Mr. Leroux (Richmond -- Wolfe), seconded by Mr. Dubé
(Lévis), 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:''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), 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.''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved 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''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), 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''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), 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''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 27, -- That Bill C-32,
in Clause 18, be amended by deleting lines 8 to 11 on
page 41.
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), 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-''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 29, -- That Bill C-32,
in Clause 18, be amended by replacing lines 14 to 16 on
page 41 with the following:
``exceptional documentary character, the undertaking may
deposit it in an archive and''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 30, -- That Bill C-32,
in Clause 18, be amended by deleting lines 20 to 24 on
page 41.
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 31, -- That Bill C-32,
in Clause 18, be amended by deleting lines 25 to 29 on
page 41.
Mr. Leroux (Richmond -- Wolfe), seconded by Mrs.
Dalphond-Guiral (Laval Centre), moved Motion No. 32, -- That
Bill C-32, in Clause 18, be amended by replacing lines 25 to
29 on page 41 with the following:
``(8) This section does not apply where a collective
society is authorized to grant a licence to the programming
undertaking to make the fixation or reproduction of the
performer's performance, work or sound recording.''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 33, -- That Bill C-32,
in Clause 18, be amended by
(a) replacing line 33 on page 41 with the following:
``made by a broadcasting undertaking and''
(b) replacing lines 39 and 40 on page 41 with the following:
``the broadcasting undertaking, as network is defined in that
Act, or is an associate of the broadcasting undertaking, as
associate is defined in the regulations to that Act for the
purposes of the provisions governing ownership and control.''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 34, -- That Bill C-32,
in Clause 18, be amended by replacing lines 5 to 8 on
page 42 with the following:
``(b) within sixty days after the day on which the
broadcasting undertaking first broadcasts the fixation or
reproduction.''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 35, -- That Bill C-32,
in Clause 18, be amended by replacing line 6 on page 42 with
the following:
``(b) within six months after the day on which ''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 36, -- That Bill C-32,
in Clause 18, be amended by adding after line 8 on page
42 the following:
``30.9 (1) Notwithstanding any other provision in this
Act, there is deemed to have been no infringement of
copyright where a broadcasting undertaking, within the
meaning of the Broadcasting Act, on or after August 16,
1990, but before the coming into force of section 30.8,
fixed or reproduced a performer's performance or work, other
than a cinematographic work or sound recording, if the
undertaking
(a) was authorized to communicate the performer's
performance, work or sound recording to the public by
telecommunication;
(b) made the fixation or the reproduction itself, for its
own broadcasts; and
(c) did not use the fixation or reproduction to promote a
commercial product or service.
(2) For greater certainty, paragraph (1)(a) applies in
respect of any proceeding commenced on or after August 16,
1990, but not concluded before the coming into force of
section 30.8, and paragraph (1)(b) does not affect any
proceeding commenced on or after August 16, 1990, but
concluded before the coming into force of section 30.8, or
any order made pursuant to that proceeding.''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 37, -- That Bill C-32,
in Clause 18, be amended by adding after line 8 on page
42 the following:
``30.9 It is not an infringement of copyright for any
broadcaster to reproduce any work, performer's performance
or sound recording that it is legally entitled to broadcast
solely for the purposes of transferring that work,
performer's performance or sound recording to a technical
format that is appropriate for the purposes of its
broadcasts, provided that all such reproductions shall be
destroyed immediately when the broadcaster ceases to be
legally entitled to broadcast the work or other subject-
matter.
30.10 (1) Notwithstanding any other provision in this
Act, there is deemed to have been no infringement of
copyright where a broadcaster, on or after August 16, 1990
but before the coming into force of section 30.9, reproduced
any work, performer's performance or sound recording that it
was legally entitled to broadcast solely for the purposes of
transferring that work, performer's performance or sound
recording to a technical format that was appropriate for the
purposes of its broadcasts, provided that all such
reproductions shall be destroyed immediately after the day
section 30.9 comes into force where the broadcaster on or
before that day ceases to be legally entitled to broadcast
the work or other subject-matter.
(2) For greater certainty, subsection (1)
(a) applies in respect of any proceeding commenced on or
after August 16, 1990, but not concluded before the coming
into force of section 30.8; and
(b) does not affect any proceeding commenced on or after
August 16, 1990, but concluded before the coming into force
of section 30.8, or any order made pursuant to that
proceeding.''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 38, -- That Bill C-32,
in Clause 18, be amended by adding after line 8 on page 42
the following:
``30.9 It is not an infringement of copyright for any
broadcaster to
(a) reproduce any work or other subject-matter that it is
legally entitled to broadcast, where it does so for the
purposes of transferring that work or other subject-matter
to a technical format that is appropriate for the purposes
of its broadcasts, providing that the reproduction:
(i) is essential for the compatibility of the broadcast
medium,
(ii) is used solely to facilitate the day-to-day operations
of the broadcaster, and
(iii) is, when the broadcaster ceases to be legally entitled
to broadcast the work or other subject-matter, immediately
destroyed by the broadcaster; or
(b) make a single reproduction for backup purposes of any
work or other subject-matter reproduced under paragraph (a),
providing the reproduction for backup purposes is destroyed
by the broadcaster immediately following the broadcast of
the original subject-matter for which a backup was made.''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 58, -- That Bill C-32,
in Clause 62, be amended by adding after line 18 on page
96 the following:
``(3) Section 30.9 shall come into force on the coming
into force of section 30.8.''
Mrs. Chamberlain (Guelph -- Wellington), seconded by Mrs.
Ur (Lambton -- Middlesex), moved Motion No. 59, -- That Bill C-32,
in Clause 62, be amended by adding after line 18 on page
96 the following:
``(3) Section 30.10 shall come into force on the coming
into force of section 30.9.''
Debate arose on the motions in Group No. 7.
Pursuant to Standing Order 26(1), Mr. Arseneault
(Parliamentary Secretary to the Deputy Prime Minister and
Minister of Canadian Heritage), seconded by Mr. Szabo
(Mississauga South), moved, -- That the House continue to sit
beyond the ordinary hour of daily adjournment for the
purpose of considering the report stage of Bill C-32, An Act
to amend the Copyright Act.
The question was put on the motion and, fewer than 15
Members having risen to object, pursuant to Standing Order
26(2), the motion was adopted.
The House resumed consideration at report stage of Bill
C-32, An Act to amend the Copyright Act, as reported by the
Standing Committee on Canadian Heritage with amendments;
And of the motions in Group No. 7 (Motions Nos. 17, 19,
20, 24 to 38, 58 and 59).
The debate continued on the motions in Group No. 7.
MOTIONS
By unanimous consent, it was ordered, -- That any
recorded division requested with regard to Private Member's
Bill C-214 on March 13, 1997, be deferred to the conclusion
of Government Orders on Monday March 17, 1997.
GOVERNMENT ORDERS
The House resumed consideration at report stage of Bill
C-32, An Act to amend the Copyright Act, as reported by the
Standing Committee on Canadian Heritage with amendments;
And of the motions in Group No. 7 (Motions Nos. 17, 19,
20, 24 to 38, 58 and 59).
The debate continued on the motions in Group No. 7.
PRIVATE MEMBERS' BUSINESS
At 5:30 p.m., pursuant to Standing Order 30(6), the
House proceeded to the consideration of Private Members'
Business.
The House resumed consideration of the motion of Mr.
Shepherd (Durham), seconded by Mr. Szabo (Mississauga
South), -- That Bill C-214, An Act to provide for improved
information on the cost of proposed government programs, be
now read a second time and referred to the Standing
Committee on Government Operations.
The debate continued.
The question was put on the motion and it was agreed to on division.
Accordingly, the Bill was read the second time and
referred to the Standing Committee on Government Operations.
GOVERNMENT ORDERS
At 6:11 p.m., pursuant to Standing Order 26(1), the House resumed
consideration at report stage of Bill C-32, An Act to amend the Copyright Act,
as reported by the Standing Committee on Canadian Heritage with amendments;
And of the motions in Group No. 7 (Motions Nos. 17, 19,
20, 24 to 38, 58 and 59).
The debate continued on the motions in Group No. 7.
The question was put on Motion No. 17 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 24 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 26 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 27 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 29 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 31 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 34 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 36 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 37 and, pursuant to
Standing Order 76.1(8), the recorded division was deferred.
Group No. 8
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 40, -- That Bill C-32,
in Clause 19, be amended by deleting lines 1 to 28 on page
46.
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 41, -- That Bill C-32,
in Clause 19, be amended by deleting lines 29 to 41 on page
46, and lines 1 to 17 on page 47.
The question was put on Motion No. 40 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
The question was put on Motion No. 41 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
Group No. 9
Mr. Leroux (Richmond -- Wolfe), seconded by Mrs.
Dalphond-Guiral (Laval Centre), moved Motion No. 45, -- That
Bill C-32 be amended by deleting Clause 44.
The question was put on Motion No. 45 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
Group No. 10
Mr. Leroux (Richmond -- Wolfe), seconded by Mrs.
Dalphond-Guiral (Laval Centre), moved Motion No. 47, -- That
Bill C-32, in Clause 45, be amended by replacing line 12 on
page 70 with the following:
``within thirty days after the publication of the''
Mr. Leroux (Richmond -- Wolfe), seconded by Mrs.
Dalphond-Guiral (Laval Centre), moved Motion No. 53, -- That
Bill C-32, in Clause 50, be amended by replacing line 24 on
page 78 with the following:
``within thirty days after the publication of the''
Mr. Abbott (Kootenay East), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 55, -- That Bill C-32,
in Clause 50, be amended by deleting lines 21 to 38 on page
82, 1 to 47 on page 83, 1 to 41 on page 84, 1 to 46 on page
85, 1 to 44 on page 86, 1 to 44 on page 87, 1 to 46 on page
88, 1 to 46 on page 89, 1 to 42 on page 90 and 1 to 34 on
page 91.
Mr. Leroux (Richmond -- Wolfe), seconded by Mrs.
Dalphond-Guiral (Laval Centre), moved Motion No. 56, -- That
Bill C-32, in Clause 50, be amended by replacing line 13 on
page 86 with the following:
``within thirty days after the publication of the''
Debate arose on the motions in Group No. 10.
The question was put on Motion No. 47 and it was negatived on division.
Accordingly, Motions Nos. 53 and 56 were also negatived on the same
division.
The question was put on Motion No. 55 and, pursuant to Standing Order
76.1(8), the recorded division was deferred.
Pursuant to Standing Order 76.1(8), the House proceeded
to the taking of the deferred divisions at report stage of
Bill C-32, An Act to amend the Copyright Act, as reported by
the Standing Committee on Canadian Heritage with amendments.
Pursuant to Standing Order 45, the recorded divisions
were further deferred until Monday, March 17, 1997, at the
expiry of the time provided for Government Orders.
MESSAGES FROM THE SENATE
Messages were received from the Senate as follows:
-- ORDERED: That a Message be sent to the House of Commons to
acquaint that House that the Senate has passed Bill C-87, An Act
for granting to Her Majesty certain sums of money for the
public service of Canada for the financial year ending March
31, 1997.
-- ORDERED: That a Message be sent to the House of Commons to
acquaint that House that the Senate has passed Bill C-88, An
Act for granting to Her Majesty certain sums of money for
the public service of Canada for the financial year ending
March 31, 1998.
-- ORDERED: That a Message be sent to the House of Commons to
acquaint that House that the Senate has passed Bill C-70, An
Act to amend the Excise Tax Act, the Federal-Provincial
Fiscal Arrangements Act, the Income Tax Act, the Debt
Servicing and Reduction Account Act and related Acts, with
the following amendment:
1. Pages 334 and 335, clause 242: Replace lines 40 to 45 on
page 334 and lines 1 to 4 on page 335 with the following:
``(2) Subsection (1) comes into force on a day fixed by order of the
Governor in Council, which day shall not be
before the first day on which provinces together having at least 51% of
the total population of all provinces that are
participating provinces (within the meaning of subsection 123(1) of the
Act) or that impose a general retail sales tax
at a percentage rate on all goods (other than those specifically
enumerated in the legislation that imposes the tax) or
a general value added tax at a percentage rate on all goods and services
(other than those specifically enumerated in
the legislation that imposes the tax) have enacted laws requiring that
suppliers include the tax under Part IX of the
Act in indications of the prices of property or services supplied.''
PETITIONS FILED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 131(1), a petition for a
Private Bill was filed as follows:
-- by Mr. Peterson (Willowdale), from the Bishop of the Arctic
of the Church of England in Canada.
RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 32(1), papers deposited with
the Clerk of the House were laid upon the Table as follows:
-- by Mr. Dingwall (Minister of Health) -- Response
of the government, pursuant
to Standing Order 109, to the Report of the Standing Committee
on Health, "Compassionate Access to Investigational Therapies"
(Sessional Paper No. 8510-352-38), presented to the House
on Wednesday, October 9, 1996. -- Sessional Paper No. 8512-352-38.
-- by Mr. Martin (Minister of Finance) -- Report of the
Governor of the Bank
of Canada and Statement of Accounts for the
year 1996, pursuant to the Bank of Canada Act, R. S. 1985,
c. B-2, sbs. 30(3). -- Sessional Paper No. 8560-352-65A. (Pursuant
to Standing
Order 32(5), permanently referred to the
Standing Committee on Finance)
-- by Mrs. Stewart (Minister of National Revenue) -- Response
of the government, pursuant
to Standing Order 109, to the Report of the Standing Committee
on Public Accounts, "Chapter 1 of the May 1996 Auditor General's
Report".
(Sessional Paper No. 8510-352-44), presented to the House
on Monday, October 28, 1996. -- Sessional Paper No. 8512-352-44.
ADJOURNMENT
At 6:47 p.m., the Speaker adjourned the House until
Monday, March 17, 1997, at 11:00 a.m., pursuant to Standing
Order 24(1) and the Order made Thursday, March 6, 1997.