ARCHIVED — Vol. 146, No. 23 — November 7, 2012

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Registration

SI/2012-85 November 7, 2012

COPYRIGHT MODERNIZATION ACT

Order Fixing Various Dates as the Dates on which Certain Provisions of the Act Come into Force

P.C. 2012-1392 October 25, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 63 of the Copyright Modernization Act (“the Act”), chapter 20 of the Statutes of Canada, 2012, fixes

  • (a) the day on which this Order is published in the Canada Gazette, Part Ⅱ, as the day on which section 1, subsection 2(2), sections 3, 4 and 6 to 8, subsections 9(1) and (2), section 10, subsections 11(1) and (3) and 12(1) and (3), section 13, subsections 15(1), (3) and (5) and sections 17 to 46, 47 (other than sections 41.25 and 41.26 and subsection 41.27(3) of the Copyright Act, as enacted by that section), 48, 49 and 51 to 62 of the Act come into force;

  • (b) the later of the day on which this Order is published in the Canada Gazette, Part Ⅱ, and the day on which the WIPO Copyright Treaty, adopted in Geneva on December 20, 1996, comes into force for Canada as the day on which subsection 2(1) and section 5 of the Act come into force; and

  • (c) the later of the day on which this Order is published in the Canada Gazette, Part Ⅱ, and the day on which the WIPO Performances and Phonograms Treaty, adopted in Geneva on December 20, 1996, comes into force for Canada as the day on which subsections 9(3) and (4), 11(2), (4) and (5) and 12(2), section 14, subsections 15(2) and (4) and sections 16 and 50 of the Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order fixes various dates as the dates on which various provisions of the Copyright Modernization Act (the Act) come into force.

Pursuant to section 63 of the Act, the Governor in Council fixes

  • (a) the day on which this Order is published in the Canada Gazette, Part Ⅱ, as the day on which section 1, subsection 2(2), sections 3, 4, and 6 to 8, subsections 9(1) and 9(2), section 10, subsections 11(1), 11(3), 12(1) and 12(3), section 13, subsection 15(1), 15(3), 15(5) and sections 17 to 46, 47 [other than sections 41.25 and 41.26 and subsection 41.27(3) of the Copyright Act, as enacted by that section], 48, 49, and 51 to 62 of the Act come into force;

  • (b) the day on which the World Intellectual Property Organization Copyright Treaty (WCT) comes into force for Canada as the day on which subsection 2(1) and section 5 of the Act come into force; and,

  • (c) the day on which the World Intellectual Property Organization Performances and Phonograms Treaty (WPPT) comes into force for Canada as the day on which subsections 9(3), 9(4), 11(2), 11(4), 11(5) and 12(2), section 14, subsections 15(2) and 15(4) and sections 16 and 50 of the Act come into force.

Objective

Recognizing the critical role a modern copyright regime plays in Canada’s digital economy, the Act balances the needs of creators and users and ensures that Canada’s copyright laws are modern, flexible, and in line with current international standards.

Background

The Act received Royal Assent on June 29, 2012, and amends the Copyright Act. Among other things, these amendments provide Canadian copyright owners with updated rights and protections to better address the challenges and opportunities of the Internet, so as to be in line with international standards; clarify Internet service providers’ liability and make the enabling of online copyright infringement itself an infringement of copyright; permit businesses, educators and libraries to make greater use of copyright material in digital form; allow educators and students to make greater use of copyright material; permit certain uses of copyright material by consumers; give photographers the same rights as other creators; ensure that the Copyright Act remains technologically neutral; and mandate a parliamentary review of the Copyright Act every five years.

Those sections and subsections fixed to come into force on the day on which the WCT comes into force for Canada ensure that certain copyright protections are extended to WCT member countries. This date is tied to the completion of a ratification process, which would be required in order for the WCT to come into force for Canada.

Those sections and subsections fixed to come into force on the day on which the WPPT comes into force for Canada extend certain copyright protections to WPPT member countries. This date is tied to the completion of a ratification process, which would be required in order for the WPPT to come into force for Canada.

To implement the notice and notice regime in a balanced, effective, and efficient manner, a delay is necessary in order to consider a regulatory process. Consequently, the coming-into-force date of provisions related to the notice and notice regime (specifically subsection 47 [41.25, 41.26, and 41.27(3)]), will be determined through a separate order-in-council process.

Financial implications

There are no financial implications to the Government associated with this Order.

Consultation

As part of the copyright modernization process, extensive national consultations were undertaken in 2009. More than 8 000 written submissions were received, and approximately 1 000 individuals and organizations participated in live events held across the country.

Additionally, the Act was considered by two legislative committees and the Standing Senate Committee on Banking, Trade and Commerce. Stakeholders appeared before each of these committees to give testimony on this legislation and its anticipated impact.

The Act reflects the input of thousands of Canadians, businesses and organizations, and balances the needs of creators and users.

Departmental contacts

Anne-Marie Monteith
Director
Copyright and Trade-mark Policy
Industry Canada
235 Queen Street
Ottawa, Ontario
K1A 0H5
Telephone: 613-952-2527
Fax: 613-941-8151

Lara Taylor
Acting Director
Copyright Policy and Legislation
Canadian Heritage
25 Eddy Street
Gatineau, Quebec
K1A 0M5
Telephone: 819-934-8963
Fax: 819-953-6720