HERI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 75
Monday, June 17, 2002
The
Standing Committee on Canadian Heritage met at 3:30 p.m. this day, in Room
237-C, Centre Block, the Chair, Clifford Lincoln, presiding.
Members of the Committee
present: Jim
Abbott, Sarmite Bulte, Claude Duplain, Christiane Gagnon, John Harvard, Betty
Hinton, Clifford Lincoln, Dennis Mills and Tony Tirabassi.
Acting Members present: Dominic LeBlanc for Paul Bonwick;
Shaun Murphy for Rodger Cuzner; Alan Tonks for Roger Gallaway; James Rajotte
for Chuck Strahl; Joe Comartin for Wendy Lill and Peter MacKay for Loyola
Hearn.
In attendance: From the Library of Parliament:
Joseph Jackson, Terrence Thomas, research officers.
Witnesses: From the Department of Canadian
Heritage: Bruce Stockfish, Director General, Copyright Policy; Denis
Gratton, Manager, Copyright Policy; Michael Himsl, Senior Policy Analyst; Jeff
Richstone, Legal Counsel. From the Department of Industry: Michèle
Gervais, Director, Intellectual Property Policy; Elizabeth Britt, Senior
Counsel.
Pursuant to its Order of
Reference of Friday, February 22, 2002, the Committee resumed consideration of
Bill C-48, An Act to amend the Copyright Act (See Minutes of Proceedings,
Wednesday, May 29, 2002, Meeting No. 68).
On Clause 1, the Committee
proceeded to Clause-by-Clause consideration of the Bill.
Clause 1 carried.
On Clause 2,
Jim Abbott moved, -- That
Bill C-48, in Clause 2, be amended by replacing lines 14 to 31 on page 1 with
the following:
““retransmitter” means a person who performs a
function comparable to that of a cable retransmission system, but does not
include a new media retransmitter;”
The question being put on
the amendment, it was agreed to.
Jim Abbott moved, -- That
Bill C-48, in Clause 2, be amended by replacing line 1 on page 2 with the
following:
‘‘(2)
Subsection 31(1) of the Act is amended by adding the following in
alphabetical order:
‘‘new media retransmitter’’ means a
person whose retransmission is lawful under the Broadcasting Act only by
reason of the Exemption Order for New Media Broadcasting Undertakings issued
by the Canadian Radio-television and Telecommunications Commission as Appendix
A to Public Notice CRTC 1999-197, as amended from time to time;
(3) Subsections 31(2) and (3) of the Act’’
The question being put on
the amendment, it was agreed to.
Jim Abbott moved, -- That
Bill C-48, in Clause 2, be amended by replacing line 12 on page 2 with the
following:
“ly
and without alteration, except as otherwise”
The question being put on
the amendment, it was agreed to.
Jim Abbott moved, -- That
Bill C-48, in Clause 2, be amended by replacing lines 25 to 29 on page 2 with
the following:
“signal”
for the purposes of subsection (2); and
(b)
prescribing conditions for the purposes”
The question being put on
the amendment, it was agreed to.
Jim Abbott moved, -- That
Bill C-48, in Clause 2, be amended by replacing line 21 on page 2 with the
following:
“paragraph
(3)(b).”
The question being put on
the amendment, it was agreed to.
Christiane Gagnon moved, --
That Bill C-48, in Clause 2, be amended
(a) by replacing line 22 on
page 2 with the following:
“(3)
Subject to subsections (4) to (6), the Governor in Council may make”
(b) by adding after line 32
on page 2 the following:
“(4)
The Governor in Council may not make a regulation under subsection (3) unless
the Minister has first laid the proposed regulation before the House of
Commons.
(5)
A proposed regulation that is laid before the House of Commons is deemed to be
automatically referred to the appropriate committee of the House, as determined
by the rules of the House, and the committee may conduct inquiries or public
hearings with respect to the proposed regulation and report its findings to the
House.
(6)
The Governor in Council may make a regulation under subsection (3) only if
(a)
the House of Commons has not concurred in any report from a committee
respecting the proposed regulation within the thirty sitting days following the
day on which the proposed regulation was laid before the House, in which case
the regulation may only be made in the form laid; or
(b)
the House of Commons has concurred in a report from a committee approving the
proposed regulation or an amended version of it, in which case the Governor in
Council may only make the regulation in the form concurred in. ”
After debate, by unanimous
consent, the amendment was withdrawn.
Clause 2, as amended,
carried.
Clauses 3, 4 and 5 carried
severally.
The Title carried.
The Bill, as amended,
carried.
ORDERED, -- That the Chair
report Bill C-48 with amendments to the House as the Sixth Report of the
Committee.
It was moved, - That the
Committee order a reprint of the Bill for use by the House at Report Stage.
After debate, the question
being put on the motion, it was negatived by a show of hands;
YEAS: 1 NAYS:
13
At 4:02 p.m., the Committee
adjourned to the call of the Chair.
Christine Fisher
Clerk of the Committee