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.

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.

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.

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).

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:

“with motive of gain.”

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,

1. lines 28 and 29 on page 54 with the following:

   “has reproduced the work, a maximum”

2. 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:

(Division — Vote N^o 259)

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) — 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

1. line 29 on page 27 with the following:

   “27.1 (1) Subject to any regulations made under subsection (6), it is an”

2. 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.

Pursuant to Standing Order 31, Members made statements.

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

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:

 

“(3)

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

1. 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”

2. 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.”

3. 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.”

4. 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

1. replacing line 33 on page 41 with the following:

   “made by a broadcasting undertaking and”

2. 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:

 

“(5)

and

(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.

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.

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.

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.

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 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.”

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.

Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:

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.