Order Fixing December 30, 2022 as the Day on Which Division 16 of Part 5 of the Budget Implementation Act, 2022, No. 1 Comes into Force: SI/2022-58

Canada Gazette, Part II, Volume 156, Number 25

Registration
SI/2022-58 December 7, 2022

BUDGET IMPLEMENTATION ACT, 2022, NO. 1

Order Fixing December 30, 2022 as the Day on Which Division 16 of Part 5 of the Budget Implementation Act, 2022, No. 1 Comes into Force

P.C. 2022-1219 November 17, 2022

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry and the Minister of Canadian Heritage, under section 281 of the Budget Implementation Act, 2022, No. 1, chapter 10 of the Statutes of Canada, 2022, fixes December 30, 2022 as the day on which Division 16 of Part 5 of that Act comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Pursuant to section 281 of the Budget Implementation Act, 2022, No. 1, this Order fixes December 30, 2022, as the day on which sections 276, 277, 278, 279 and 280 of that Act come into force.

Objective

The objective of this Order is to bring into force certain provisions of the Budget Implementation Act, 2022, No. 1, which amended the Copyright Act to extend certain terms of copyright protection, including the general term, from 50 to 70 years after the life of the author and, in doing so, implement one of Canada’s commitments under the Canada-United States-Mexico Agreement (CUSMA).

This Order also supports the Minister of Innovation, Science and Industry and the Minister of Canadian Heritage’s mandate letter commitments of December 16, 2021, to “amend the Copyright Act to further protect artists, creators and copyright holders.”

Background

In 2019, the United States, Mexico and Canada agreed to reinforce the strong economic ties between them and enhance North American competitiveness globally by renewing their partnership in CUSMA, which entered into force on July 1, 2020. As part of the CUSMA chapter on intellectual property, Canada committed to extend the general term of protection in its Copyright Act from 50 years to 70 years after the life of the author. Canada negotiated a 2.5-year transition period to fully implement the extended general term of copyright protection. Canada used this transition period to consult with the Canadian public on how to implement copyright term extension.

Budget Implementation Act, 2022, No. 1, received royal assent on June 23, 2022, which enacted, among other things, amendments to section 6, subsection 6.2(2), and sections 7 and 9 of the Copyright Act. These amendments extended the general term of copyright protection on works of authorship from 50 years to 70 years after the life of the author. Provisions on works of joint authorship, anonymous and pseudonymous works, and posthumous works were also amended accordingly. The aforementioned amendments will come into force on a day to be fixed by order of the Governor in Council.

Implications

Once the amendments are in force, Canada’s CUSMA commitment related to the general term of copyright protection will be fulfilled.

Approximately 80 countries have moved to a general term of protection of 70 years after the life of the author or longer, including many of Canada’s key trading partners. The extension of Canada’s general term will provide certainty that Canadian rights holders will benefit from the extended term in each of these countries, contributing to a more level global playing field and providing new export opportunities for Canadian creative industries and Canadian-made content.

Additionally, an extra 20 years of copyright protection may encourage the growth of firms in the cultural industries, as they can choose to monetize copyrighted content and the value of copyright holdings for a longer period of time. It can also have positive effects on emerging creators’ participation in cultural activities since creative industries might be more inclined to invest in new works with their sustained revenues from their existing catalogues (e.g. collections of copyrighted works).

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

Consultation

The provisions of the Budget Implementation Act, 2022, No. 1 that are being brought into force were reviewed through the parliamentary process. The House of Commons Standing Committee on Finance, the Standing Senate Committee on National Finance, and the Standing Senate Committee on Banking, Trade and Commerce heard from witnesses on the proposed amendments.

Innovation, Science and Economic Development Canada and Canadian Heritage also conducted a public consultation that began in February 2021 on how to implement an extended general term of copyright protection in Canada. The comments received during the consultation have been published online at this link.

Contacts

Martin Simard
Acting Director General
Marketplace Framework Policy Branch
Innovation, Science and Economic Development Canada
Email: Martin.Simard@ised-isde.gc.ca

Michel Sabbagh
Director General
Broadcasting, Copyright and Creative Marketplace Branch
Canadian Heritage
Email: michel.sabbagh@pch.gc.ca