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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 59
Wednesday, February 15, 2023, 4:32 p.m. to 6:35 p.m.
Presiding
Joël Lightbound, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Marie-Hélène Sauvé, Legislative Clerk
 
Library of Parliament
• Sarah Lemelin-Bellerose, Analyst
• Scott McTaggart, Analyst
House of Commons
• Jeremy Patzer, Cypress Hills—Grasslands
Pursuant to the order of reference of Wednesday, November 30, 2022, the committee commenced consideration of Bill C-294, An Act to amend the Copyright Act (interoperability).

Jeremy Patzer made a statement and answered questions.

At 5:33 p.m., the sitting was suspended.

At 5:39 p.m., the sitting resumed.

Department of Industry
• Patrick Blanar, Director, Copywright and Trademark Policy Directorate
• Pierre-Luc Racine, Policy Advisor, Copyright and Trademark Policy Directorate
Pursuant to the order of reference of Wednesday, October 5, 2022, the committee resumed consideration of Bill C-244, An Act to amend the Copyright Act (diagnosis, maintenance and repair).

The Chair calls Clause 1.

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

After debate, Clause 1 carried on the following recorded division:

YEAS: Bernard Généreux, Sébastien Lemire, Brian Masse, Jeremy Patzer, Rick Perkins, Ryan Williams — 6;

NAYS: Han Dong, Brendan Hanley, Iqra Khalid, Viviane Lapointe, Jenna Sudds — 5.

On Clause 2,

Andy Fillmore moved, — That Bill C-244, in Clause 2, be amended by replacing line 24 on page 1 to line 11 on page 2 with the following:

“41.121 (1) Paragraph 41.1(1)(a) does not apply to a person who circumvents a technological protection measure for the sole purpose of maintaining or repairing a product, including any related diagnosing, if the work, performer’s performance fixed in a sound recording or sound recording to which the technological protection measure controls access forms a part of the product.

(2) For greater certainty, subsection (1) applies to a person who circumvents a technological protection measure in the circumstances referred to in that subsection for another person.

(3) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright.”

Debate arose thereon.

At 6:02 p.m., the sitting was suspended.

At 6:12 p.m., the sitting resumed.

Sébastien Lemire moved, — That the amendment be amended

a) by adding after paragraph (1) the following:

“(1.1) Subsection (1) does not apply to video game consoles or to their components or peripherals.”

b) by adding after paragraph (3) the following:

“(3) Nothing in subsection (2) requires any person, including an original equipment manufacturer or an authorized repairer, to make available the parts, tools or documentation necessary to diagnose, maintain or repair video game consoles or their components or peripherals.

(4) For the purposes of this section, video game console means an electronic device, including a home or portable console or any other device or system, that is primarily designed to execute video games and that may include features to play optical discs or digital video or audio files and to access the Internet.”.

After debate, the question was put on the subamendment and the result of the vote was announced:

YEAS: Brendan Hanley, Iqra Khalid, Viviane Lapointe, Sébastien Lemire, Jenna Sudds — 5;

NAYS: Bernard Généreux, Brian Masse, Jeremy Patzer, Rick Perkins, Ryan Williams — 5.

Whereupon, the Chair voted in the negative.

Accordingly, the subamendment was negatived.

At 6:35 p.m., the committee adjourned to the call of the Chair.



Michael MacPherson
Clerk of the committee