INDU Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 66

Tuesday, June 5, 2007

The Standing Committee on Industry, Science and Technology met at 9:04 a.m. this day, in Room 705, La Promenade Building, the Chair, James Rajotte, presiding.

Members of the Committee present: André Arthur, Paule Brunelle, Hon. Gerry Byrne, Colin Carrie, Brian Masse, Hon. Dan McTeague, James Rajotte, Bev Shipley and Dave Van Kesteren.

Acting Members present: Hon. Roy Cullen for Hon. Maurizio Bevilacqua, Hon. Hedy Fry for Hon. Scott Brison and Luc Malo for Robert Vincent.

In attendance: Library of Parliament: Lalita Acharya, Analyst ; Marc-André Pigeon, Analyst.

Witnesses: As an individual: Jeff Bean, Olympian, Freestyle Skiing, Canadian Olympic Ski Team. Own the Podium 2010: Roger Jackson, Chief Executive Officer. Canadian Paralympic Committee: Brian MacPherson, Chief Operating Officer. AthletesCAN: Jasmine Northcott, Athlete Forums Director and Operations Manager. Canadian Olympic Committee: Lou Ragagnin, Chief Operating Officer. Intellectual Property Institute of Canada: Cynthia Rowden, Past-President. AthletesCAN: Guy Tanguay, Chief Executive Officer.

Participants present: Department of Industry: Susan Bincoletto, Director General, Marketplace Framework Policy Branch. As an individual: Ms. Darlene Carreau, Counsel, Industry Canada, Legal Services. Department of Industry: Julie D'Amours, Counsel, Legal Services.

Pursuant to the Order of Reference of Thursday, May 17, 2007, the Committee resumed consideration of Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act.

Cynthia Rowden, Jeff Bean, Brian MacPherson, Roger Jackson, Jasmine Northcott and Lou Ragagnin made statements and, with the other witness, answered questions.

At 10:14 a.m., the sitting was suspended.

At 10:30 a.m., the sitting resumed.

The Committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

The Chair called Clause 2.

Clause 2 carried.

On Clause 3,

Colin Carrie moved, — That Bill C-47, in Clause 3, be amended by adding after line 8 on page 4 the following:

“(i) the use by an individual who has been selected by the COC or the CPC to compete, or has competed, in an Olympic Games or Paralympic Games, or another person with that individual's consent, of the mark “Olympian”, “Olympic”, “Olympien” or “Olympique”, or “Paralympian”, “Paralympic”, “Paralympien” or “Paralympique”, as the case may be, in reference to the individual's participation in, or selection for, those Games.”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Brian Masse moved, — That Bill C-47, in Clause 3, be amended by replacing lines 13 to 15 on page 4 with the following:

“Olympic Games or Paralympic Games, for the purposes of criticism relating to Olympic Games or Paralympic Games, or for any purposes on electronic media, is not a use in”

Colin Carrie moved, — That the amendment be amended to read as follows:

“Olympic Games or Paralympic Games, including by means of electronic media, or for the purposes of criticism or parody relating to Olympic Games or Paralympic Games, is not a use in”

After debate, the question was put on the subamendment of Colin Carrie and it was agreed to.

The question was put on the amendment of Brian Masse, as amended, and it was agreed to.

Colin Carrie moved, — That Bill C-47, in Clause 3, be amended by adding after line 16 on page 4 the following:

“(6) For greater certainty, the inclusion of an Olympic mark or Paralympic mark or a translation of it in any language in an artistic work, within the meaning of the Copyright Act, by the author of that work, is not in itself a use in connection with a business if the work is not reproduced on a commercial scale.”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 3, as amended, carried.

On new Clause 3.1,

Brian Masse moved, — That Bill C-47 be amended by adding after line 16 on page 4 the following new clause:

“3.1 The Governor in Council shall make regulations providing for the issue of no-cost licences to aboriginal community groups and not-for-profit agencies in connection with the use of Olympic and Paralympic marks, including the qualifications that an applicant for or a holder of a licence must meet, the manner of determining whether an applicant or holder meets those qualifications, the terms and conditions of a licence and the suspension and revocation of a licence.”

After debate, the question was put on the amendment of Brian Masse and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

Clause 4 carried.

After debate, Clause 5 carried.

On Clause 6,

Brian Masse moved, — That Bill C-47, in Clause 6, be amended by adding after line 26 on page 6 the following:

“(2) A person who is affected by an interim or interlocutory injunction may appeal against the injunction.

(3) An appeal made under subsection (2) shall be heard by a judge or prothonotary with legal expertise in intellectual property, whose determination shall be made within 48 hours after the appeal has been filed.”

After debate, the question was put on the amendment of Brian Masse and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Clause 6 carried.

Clause 7 carried.

On Clause 8,

Colin Carrie moved, — That Bill C-47, in Clause 8, be amended by replacing, in the English version, line 26 on page 8 with the following:

“substantiating, in the case of the applicant, or refuting, in the case of the importer,”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 8, as amended, carried.

Clause 9 carried.

Clause 10 carried.

Clause 11 carried.

Clause 12 carried.

On Clause 13,

Brian Masse moved, — That Bill C-47, in Clause 13, be amended by replacing line 42 on page 9 with the following:

“13. All the items in Schedules 2 and 3 are”

After debate, the question was put on the amendment of Brian Masse and it was agreed to.

Clause 13, as amended, carried.

Clause 14 carried.

Clause 15 carried.

Schedule 1 carried.

Schedule 2 carried.

Schedule 3 carried.

The Short Title carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-47, as amended, be reprinted for the use of the House at report stage.

At 11:27 a.m., the Committee adjourned to the call of the Chair.

Chad Mariage
Committee Clerk

2007/06/06 9:22 a.m.