Issue 04

MINUTES OF PROCEEDINGS

TUESDAY, OCTOBER 22, 1996
(Meeting no. 26)

[Text]

The Standing Committee on Canadian Heritage met at 11:04 o'clock a.m. this day, in Room 209, West Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Guy Arseneault, Mauril Bélanger, Clifford Lincoln, Janko Peric and Beth Phinney.

Acting Members present: Louis Plamondon for Gaston Leroux; and Georgette Sheridan for Pat O'Brien.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From the Canadian Independent Record Production Association (CIRPA): Brian Chater, President. From ADISQ ``Association québécoise de l'industrie du disque, du spectacle et de la vidéo'': Robert Pilon, Vice-President, Public Affairs; Solange Drouin, General Director and Legal Counsel. From CRIA--Canadian Recording Industry Association: Brian Robertson, President; G. Ken Thompson, Vice-President, General Counsel.

Pursuant to an Order of Reference of the House dated Tuesday, June 11, 1996, the Committee resumed consideration of Bill C-32, An Act to amend the Copyright Act (See Minutes of Proceedings dated Tuesday, June 18, 1996--Issue No. 2).

The witness from the Canadian Independent Record Production Association, made a statement and answered questions.

The witnesses from the ``Association québécoise de l'industrie du disque, du spectacle et de la vidéo'' each made a statement and answered questions.

The witnesses from the Canadian Recording Industry Association each made a statement and answered questions.

At 1:42 o'clock p.m., the Committee adjourned to the call of the Chair.

TUESDAY, OCTOBER 22, 1996
(Meeting No. 27)
The Evidence for this meeting is not available because it was held in camera.

The Standing Committee on Canadian Heritage met in camera at 6:10 o'clock p.m. this day, in Room 269, West Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Jim Abbott, Guy Arseneault, Mauril Bélanger, Clifford Lincoln, Janko Peric and Beth Phinney.

Acting Members present: Dan McTeague for Raymond Lavigne; and Louis Plamondon for Gaston Leroux.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From the Canadian Recording Media Association: John Clarry, BASF Canada Inc.; Brian Peterson, Maxell Canada; Richard Singerman, AVS Technologies (exclusive Canadian distributor of TDK). From ETIC--European Tape Industry Council: Wilhellmus (Bill) Andriessen, President. From the Canadian Booksellers Association: Jane Cooney, President; Ron Johnson, First Vice-President; John J. Finlay, Executive Director. From the ``Union des artistes'': Serge Turgeon, President; Marie-Denise Pelletier, Singer and Member of the Administrative Council; Kathrine Sand, Secretary General of the ``Fédération int. des acteurs (FIA)''; Lucie Beauchemin, Consultant.

The Committee proceeded to discuss future business.

After debate, it was agreed:

1. That the Consumers Association of Canada be invited to appear before the Committee in relation to the Committee's study of Bill C-32, An Act to amend the Copyright Act.

2. That the Standard Sound System and the Canadian Historical Association be allowed a fifteen minute presentation at the end of the hearings on Bill C-32.

3. That the Canadian Copyright Licensing Agency (CANCOPY), originaly invited to appear as members of a panel, be allowed to give its presentation individually.

4. That the Association of Canadian Community Colleges be invited as members of the panel on education exceptions.

At 6:40 o'clock p.m., the Committee proceeded to sit in public.

The witnesses from the Canadian Recording Media Association each made a statement and answered questions.

The witness from the European Tape Industry Council made a statement and answered questions.

Jane Cooney made a statement and, with the other witnesses from the Canadian Booksellers Association, answered questions.

Serge Turgeon, Marie-Denise Pelletier and Kathrine Sand each made a statement and, with the other witness from the ``Union des artistes'', answered questions.

At 9:52 o'clock p.m., the Committee adjourned to the call of the Chair.

WEDNESDAY, OCTOBER 23, 1996
(Meeting No. 28)

The Standing Committee on Canadian Heritage met at 6:14 o'clock p.m. this day, in Room 269, West Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Jim Abbott, Mauril Bélanger, Gaston Leroux, Clifford Lincoln, Janko Peric and Beth Phinney.

Acting Member present: Jesse Flis for Guy Arseneault.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From the Canadian Publishers' Council: Gary Rodrigues, President, (Senior V.P., Publishing, Carswell/Thomson Professional Publishing); Fred Wardle, Chairperson, Intellectual Property Committee, (President and CEO, Canadian Almanac & Directory Publishing Co. Ltd.); Julia Woods, President, Trade Publishers' Group, (V.P., Trade and Professional Division, McGraw-Hill Ryerson Limited); Ron Munro, President, Post Secondary Publishers' Group, (V.P. and General Manager, College Division, McGraw-Hill Ryerson Limited); Jacqueline Hushion, Executive Director. From the Association of Canadian Publishers: Jack Stoddart, President; Paul Davidson, Executive Director; Roy MacSkimming, Policy Director; Ron B. Thomson, Chair of the ACP Copyright Committee.

Gary Rodrigues, Fred Wardle and Jacqueline Hushion each made a statement and, with the other witnesses from the Canadian Publishers' Council, answered questions.

Jack Stoddart and Paul Davidson each made a statement and, with the other witness from the Association of Canadian Publishers, answered questions.

At 8:25 o'clock p.m., the Committee adjourned to the call of the Chair.

THURSDAY, OCTOBER 24, 1996
(Meeting No. 29)

The Standing Committee on Canadian Heritage met at 11:07 o'clock a.m. this day, in Room 237-C, Centre Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Guy Arseneault, Mauril Bélanger, Gaston Leroux, Clifford Lincoln and Janko Peric.

Acting Member present: Dan McTeague for Beth Phinney.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From ACTRA--Alliance of Canadian Cinema, Television & Radio Artists: Alexander Crawley, President; Kathrine Sand, Secretary General of the ``Fédération int. des acteurs (FIA)''. From the Committee of Major Legal Publishers: Glen A. Bloom, Osler Hoskin & Harcourt; Geralyn M. Christmas, Vice-President, Editorial, Canada Law Book Inc.; Ruth Epstein, Publishing Director, Butterworths Canada Ltd.; Yvon Blais, ``Les éditions Yvon Blais Inc.''; Laura Wright, Carswell Thomson Professional Publishing. From SARDeC--``Société des auteurs, recherchistes, documentalistes et compositeurs''; AQAD--``Association québécoise des auteurs dramatiques''; UNEQ -``Union des écrivaines et écrivains québécois'': Robert Gurik, President (AQAD); Pierre Lavoie, General Director (UNEQ); Rose-Marie Lafrance, Director, ``Service des droits'' (UNEQ); Yves Légaré, General Director (SARDeC).

Pursuant to an Order of Reference of the House dated Tuesday, June 11, 1996, the Committee resumed consideration of Bill C-32, An Act to amend the Copyright Act. (See Minutes of Proceedings dated Tuesday, June 18, 1996--Issue No. 2).

Alexander Crawley made a statement and, with the other witness from the Alliance of Canadian Cinema, Television & Radio Artists, answered questions.

Glen Bloom and Geralyn Christmas each made a statement and, with the other witnesses from the Committee of Major Legal Publishers, answered questions.

Robert Gurik (from AQAD), Pierre Lavoie (from UNEQ) and Yves Légaré (from SARDeC) each made a statement and, with the other witness from UNEQ, answered questions.

At 1:25 o'clock p.m., the Committee adjourned to the call of the Chair.

TUESDAY, OCTOBER 29, 1996
(Meeting No. 30)

The Standing Committee on Canadian Heritage met at 11:14 o'clock a.m. this day, in Room 371, West Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Jim Abbott, Guy Arseneault, Mauril Bélanger, Raymond Lavigne, Gaston Leroux, Clifford Lincoln, Pat O'Brien, Janko Peric and Beth Phinney.

Other Member present: Glen McKinnon.

In attendance: From the Research Branch of the Library of Parliament: René Lemieux, Research Officer. Consultant: Wanda Noel.

Witnesses: From the Federation of Law Societies of Canada: Donald M. Little, President, (Managing Partner, Roy, Johnston & Company); Alain Létourneau, Chair, National Copyright Committee, (Managing Partner, Pépin Létourneau); Scott Jolliffe, Managing Partner, Gowlings, Strathy & Henderson. From the American Federation of Musicians of the U.S. and Canada: Ray Petch, Vice-President from Canada; Jill Tonus, Counsel; Marc LaFrance, Chairman, Special Committee on Neighboring Rights, Vancouver Musicians' Association, AFM Local 145. From the Periodical Writers Association of Canada: Ruth Biderman, Executive Director; Sandra Bernstein, Copyright Committee Member; Marian Hebb, Legal Counsel.

Donald M. Little and Alain Létourneau each made a statement and, with the other witness from the Federation of Law Societies of Canada, answered questions.

The witnesses from the American Federation of Musicians of the U.S. and Canada each made a statement and answered questions.

The witnesses from the Periodical Writers Association of Canada each made a statement and answered questions.

At 1:37 o'clock p.m., the Committee adjourned to the call of the Chair.

TUESDAY, OCTOBER 29, 1996
(Meeting No. 31)

The Standing Committee on Canadian Heritage met at 6:45 o'clock p.m. this day, in Room 269, West Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Jim Abbott, Mauril Bélanger, Clifford Lincoln, Pat O'Brien, Janko Peric and Beth Phinney.

Acting Members present: Dan McTeague for Guy Arseneault; and Louis Plamondon for Pierre de Savoye.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From the Association of Canadian Archivists: Jean Dryden, Chair, Copyright Committee; Victorin Chabot, ``Association des archivistes du Québec''; Nancy Marrelli, Canadian Council of Archives. From the National Archives of Canada: Jean-Pierre Wallot, National Archivist. From CARL--Canadian Association of Research Libraries: Graham Hill, University Librarian, McMaster University. From the Canadian Museums Association: John McAvity, Executive Director; Maia Sutnik, Head of Collections, Art Gallery of Ontario; Barbara Tyler, Executive Director, McMichael Canadian Art Collection.

Jean Dryden made a statement and, with the other witnesses from the Association of Canadian Archivists, answered questions.

The witness from the National Archives of Canada made a statement and answered questions.

The witness from the Canadian Association of Research Libraries made a statement and answered questions.

John McAvity made a statement and, with the other witnesses from the Canadian Museums Association, answered questions.

At 8:50 o'clock p.m., the Committee adjourned to the call of the Chair.

WEDNESDAY, OCTOBER 30, 1996
(Meeting No. 32)

The Standing Committee on Canadian Heritage met at 6:11 o'clock p.m. this day, in Room 371, West Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Jim Abbott, Mauril Bélanger, Gaston Leroux, Clifford Lincoln, Janko Peric and Beth Phinney.

Acting Member present: Dan McTeague for Guy Arseneault.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From the National Library of Canada: Marianne Scott, National Librarian; Tom Delsey, Director General, Corporate Policy and Communications. From the Canadian Teachers Federation: Harvey Weiner, Deputy Secretary General. From the Canadian School Boards Association: Donna Cansfield, President. From the Association of Universities and Colleges of Canada: Sally A. Brown, Senior Vice-President. From the Canadian Association of University Teachers: Alan Andrews, Past-President (1995-96). From the Central Alberta Media Services: Jantje (Jan) Dunn, Operations Manager. From the Association of Canadian Community Colleges: Pierre Killeen, Constituency and Government Relations.

Marianne Scott made a statement and, with the other witness from the National Library of Canada, answered questions.

The witness from the Association of Universities and Colleges of Canada made a statement and answered questions.

The witness from the Canadian Association of University Teachers made a statement and answered questions.

The witness from the Association of Canadian Community Colleges made a statement and answered questions.

The witness from the Canadian Teachers Federation made a statement and answered questions.

The witness from the Canadian School Boards Association made a statement and answered questions.

The witness from the Central Alberta Media Services made a statement and answered questions.

At 9:15 o'clock p.m., the Committee adjourned to the call of the Chair.

THURSDAY, OCTOBER 31, 1996
(Meeting No. 33)

The Standing Committee on Canadian Heritage met at 11:05 o'clock a.m. this day, in Room 371, West Block, the Vice-Chair, Beth Phinney, presiding.

Members of the Committee present: Gaston Leroux, Clifford Lincoln, Pat O'Brien, Janko Peric, and Beth Phinney.

Acting Member present: Dan McTeague for Guy Arseneault.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From the Canadian Library Association: John Tooth, Convenor, CLA Copyright Committee (Co-ordinator, Instructional Resources Unit, Manitoba Education & Training); Paul Whitney, Vice-President/President Elect, (Chief Librarian, Burnaby Public Library). From the Canadian National Institute for the Blind: James W. Sanders, National Director, Government Relations and International Services; Fran Cutler, National Council; Seán Madsen, Volunteer, (Advocacy Director, Canadian Council for the Blind). From the Canadian Hearing Society: Melanie Sexton, Volunteer, Board of Directors.

The witnesses from the Canadian Library Association each made a statement and answered questions.

At 11:20 o'clock a.m., the Chairman took the chair.

The witnesses from the Canadian National Institute for the Blind each made a statement and answered questions.

The witness from the Canadian Hearing Society made a statement and answered questions.

At 1:25 o'clock p.m., the Committee adjourned to the call of the Chair.

TUESDAY, NOVEMBER 5, 1996
(Meeting No. 34)

The Standing Committee on Canadian Heritage met in a televised session at 11:06 o'clock a.m. this day, in Room 253-D, Centre Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Jim Abbott, Guy Arseneault, Mauril Bélanger, Gaston Leroux, Clifford Lincoln, Pat O'Brien, Janko Peric and Beth Phinney.

Acting Member present: Dan McTeague for Raymond Lavigne.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From the Canadian Alliance Against Software Theft (CAAST): Jeff Dossett, President, (General Manager of Microsoft Canada Inc.); Michael Eisen, Secretary and General Counsel. From the Society of Composers, Authors and Music Publishers of Canada (SOCAN): Bill Henderson, President, (Composer); François Cousineau, Past-President, (Composer); Holger Peterson, Director, (President of Stony Plain Records, Publisher); Alexina Louie, Director, (Classical Music Composer); Michael Rock, General Manager; Paul Spurgeon, General Counsel.

On motion of Beth Phinney, it was agreed,--That the briefing session be held in camera.

The Committee was briefed by the consultant and researcher on theme 11: (Copyright Board & Collective Societies).

At 11:51 o'clock a.m., the Committee continued to sit in public.

Michael Eisen made a statement and, with the other witness from the Canadian Alliance Against Software Theft (CAAST), answered questions.

The witnesses from Society of Composers, Authors and Music Publishers of Canada, each made a statement and answered questions.

At 1:41 o'clock p.m., the Committee adjourned to the call of the Chair.

TUESDAY, NOVEMBER 5, 1996
(Meeting No. 35)

The Standing Committee on Canadian Heritage met in a televised session at 7:15 o'clock p.m. this day, in Room 253-D, Centre Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Guy Arseneault, Mauril Bélanger, Gaston Leroux, Clifford Lincoln, Pat O'Brien, Janko Peric and Beth Phinney.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From the Educational Media Producers and Distributors Association of Canada: John Fisher, Copyright Chairman. From the ``Front des créateurs pour la défense du droit d'auteurs'': Diane Lamarre, Coordinator. From ``Association nationale des éditeurs de livres'': Antoine Del Busso, President.

The witness from the Educational Media Producers and Distributors Association of Canada made a statement and answered questions.

The witness from the ``Front des créateurs pour la défense du droit d'auteurs'' made a statement and answered questions.

The witness from the ``Association nationale des éditeurs de livres'' made a statement and answered questions.

At 9:04 o'clock p.m., the Committee adjourned to the call of the Chair.

WEDNESDAY, NOVEMBER 6, 1996
(Meeting No. 36)

The Standing Committee on Canadian Heritage met in a televised session at 6:11 o'clock p.m. this day, in Room 253-D, Centre Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Jim Abbott, Mauril Bélanger, Gaston Leroux, Clifford Lincoln, Pat O'Brien, Janko Peric and Beth Phinney.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From Canadian Bar Association: P. André Gervais, Vice-President; H. Bernard Mayer, Member, CBA/PTIC Joint Copyright Legislation Committee; Stuart Rennie, Member, CBA-BC Branch Legal Research Section. From Copyright Board of Canada: Michel Hétu, Vice-Chairman and CEO. From SPACQ--``Société professionnelle des auteurs et des compositeurs du Québec'': Pierre Bertrand, President; Stéphane Tremblay, Administrator; Luc Plamondon, Administrator; Francine Bertrand Venne, Director General. From Laurier Office Mart: Shahé Avedissian, President; Howard P. Knopf, Counsel.

The witnesses from the Canadian Bar Association each made a statement and answered questions.

The witness from the Copyright Board of Canada made a statement and answered questions.

Pierre Bertrand made a statement and, with the other witnesses from the ``Société professionnelle des auteurs et des compositeurs du Québec'', answered questions.

The witnesses from Laurier Office Mart each made a statement and answered questions.

At 10:41 o'clock p.m., the Committee adjourned to the call of the Chair.

THURSDAY, NOVEMBER 7, 1996
(Meeting No. 37)

The Standing Committee on Canadian Heritage met in a televised session at 11:06 o'clock a.m. this day, in Room 253-D, Centre Block, the Chairman, Clifford Lincoln, presiding.

Members of the Committee present: Jim Abbott, Guy Arseneault, Mauril Bélanger, Pierre de Savoye, Gaston Leroux, Clifford Lincoln, Pat O'Brien, Janko Peric and Beth Phinney.

In attendance: From the Research Branch of the Library of Parliament: Monique Hébert, Research Officer. Consultant: Wanda Noel.

Witnesses: From the Canadian Music Publishers Association: David A. Basskin, Executive Director. From the Photo Marketing Association International--Canada: John Asa, President of Japan Camera Inc.; Robert Gauthier, ``L.L. Lozeau Ltée''; George Fisk, Counsel. From the Canadian Creators Coalition: André Amyot, Copyright Chairman, Professional Photographers of Canada (PPOC); Duncan Read, Executive Director, Canadian Association of Photographers and Illustrators in Communications (CAPIC); Struan Campbell-Smith, President of CAPIC; John Harquail, Secretary, Canadian Creators Coalition; Richard Bell, Copyright Liaison, (PPOC).

The witness from the Canadian Music Publishers Association made a statement and answered questions.

At 11:15 o'clock a.m., the Acting Chair assumed the chair.

At 11:53 o'clock a.m., the Chair took the chair.

The witnesses from the Photo Marketing Association International--Canada each made a statement and answered questions.

André Amyot, Struan Campbell-Smith and John Harquail each made a statement and, with the other witnesses from the Canadian Creators Coalition, answered questions.

At 1:41 o'clock p.m., the Committee adjourned to the call of the Chair.

Monique Hamilton

Clerk of the Committee