7 November 2012:
Today is an important day for Canadian Copyright Law. Many of the provisions in Bill C-11, the Copyright Modernization Act (CMA), were proclaimed this morning and are immediately effective. Read the proclamation order. The order has explanatory notes which are helpful in understanding the background of the amendments. In summary, all the provisions in the CMA are now law except for the provisions relating to the WIPO Digital Copyright Treaties, WCT and WPPT, and the Internet service provider notice-and-notice provisions.
31 October 2012:
A notice has been released by the Privy Council stating that the provisions in the Copyright Modernization Act will come into force in three stages. Most of the provisions will become effective when the notice is officially published in the Canada Gazette Part II – which is likely to be on 7 November 2012. Provisions relating to the two digital WIPO treaties, the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) will come into force when the Order in Council is published or at the time the treaties come into force for Canada. One blogger thinks this will be in several weeks. The notice and notice provisions for internet service providers do not have a specific date for their enactment. Further information.
29 June 2012:
C-11 receives royal assent and is now part of Statutes of Canada: 2012, c.20. An order in council will set date or dates for coming into force of the provisions in C -11.
New Law Upon Royal Assent
“Royal Assent “is the constitutional culmination of the legislative process”: it means that the Governor General, in the Queen’s name, approves of a bill that has been passed by the Senate and the House of Commons. Upon receiving Royal Assent a bill becomes an Act of Parliament. The date of the Royal Assent is endorsed on each Act by the Clerk of the Parliaments, i.e., the Clerk of the Senate, and that endorsement itself is part of the Act.
Should an Act be silent as to its commencement date, the default rule is that the Act comes into force on the day it received Royal Assent…
An Act will sometimes provide for a coming into force mechanism for some of its provisions and be silent with regard to others. In such a case, the provisions for which there is no coming into force day will commence on Royal Assent.(15) For example, section 64 of the Tackling Violent Crime Act(16) provided that the provisions of that Act, other than sections 61 to 63, were to come into force pursuant to an order of the Governor in Council. Therefore, sections 61 to 63 came into force on the day that Act received Royal Assent.”
Commencement Pursuant to an Order in Council
“The coming into force provision of an Act may prescribe that the Act as a whole or any of its provisions comes into force on a day, or days, to be fixed by order of the Governor in Council. Such a delayed commencement of legislation gives the government discretion as to the commencement of an Act and may afford more time to await consensus or agreement on the legislation before its coming into force. It may also give the government an opportunity to achieve the policy goal underlying the Act using other ways to achieve the same purposes.”
29 June 2012:
C-11 passes third reading in the Senate.
27 June 2012:
Standing Senate Committee on Banking, Trade and Commerce presented it report to the Senate, with no amendment to c-11.
26 June 2012:
Bill C-11 was passed by the Senate after a Senate Committee heard from witnesses all. See witness list and watch webcasts.
22 June 2012:
Witnesses before Senate Committee. See witness list and watch webcasts.
21 June 2012:
Second reading of Bill C-11 completed and bill referred to the Standing Senate committee on Banking, Trade and Commerce. See Debates of the Senate (Hansard) 21 June 2012.
20 June 2012:
Second reading of Bill C-11 in the Senate begins today. Read Senate debate.
18 June 2012:
Bill C-11 was passed by the House of Commons on 18 June 2012 and the Senate will now review and debate it. The vote passing the bill (158-135) took place just before 11 pm on 18 June 2012. It was then immediately introduced into the Senate for what may be a quick passage there. See Canadian Government press release. See CBC news report. See IP Osgoode’s posting where Mekhala Chaubal states: “The birth of Bill C-11 and its passage into law has been anything but smooth.”
Bill C-11, An Act to Amend the Copyright Act in Canada, received second reading in the House of Commons (H of C) on 18 October 2011. Discussions focussed on balance, openness to listening to interest groups, and specific provisions and scenarios covered and not covered by the bill. If you want a quick catch-up on copyright reform in Canada, take a look at 18 October H of C discussions in Hansard. Also, c-11 was discussed in the H of C on 21 October. Bill C-11 is the same bill as the Canadian government’s third bill on copyright revision, Bill C-32, which died on the order paper earlier in 2011 when an election was called.