@[toc](Copyright Act Review - and beyond - timeline) ## 2012 ## **NOVEMBER:** The [*Copyright Modernization Act*][1] (CMA) takes effect, including a mandate for Parliament to review the *[Copyright Act][2]* every 5 years (see s 58 of CMA, or s 92 of *Copyright Act*). ## 2017 ## **JULY 12:** Federal Court releases its [decision][3] in *Access Copyright v York*. **DECEMBER:** Ministers Navdeep Bains (Innovation, Science and Economic Development) and Melanie Jolie (Canadian Heritage) task the [Standing Committee on Industry, Science and Technology][4] (INDU) with [reviewing the *Copyright Act*][5]. Dan Ruimy, MP (Liberal), is Chair of INDU. ## 2018 ## **MARCH:** The INDU Committee launches the [review of the *Copyright Act*][6]. INDU plans to "hear testimony from: - Witnesses representing specific sectors of activity, including publishing, visual arts, software and telecommunications (Phase I); - Witnesses representing a range of stakeholders involved in multiple sectors of activity, such as Indigenous communities and various interest groups (Phase II); and - Legal experts, including individual lawyers and academics, along with professional associations (Phase III)." ([news release][7]) INDU invites any interested parties to submit written briefs. The INDU Committee also [requests][8] that the Standing Committee on Canadian Heritage (CHPC) conduct a supplementary study on remuneration models for artists and creative industries. Julie Dabrusin, MP (Liberal) is Chair of CHPC. **APRIL:** [*Copyright Act* Review, Phase I][9] intends to hear from "witnesses representing specific sectors of activity.... The Committee will start with education, followed by publishing." CHPC begins its supplementary study ([news release][10]). **APRIL 17:** The first INDU *Copyright Act* Review hearing is held in Ottawa. **MAY 7-11:** INDU holds a series of [hearings across Canada][11] (Halifax, Montreal, Toronto, Winnipeg, Vancouver). **MAY 22:** CHPC begins holding hearings. 115 witnesses were heard between May 22 and December 6, 2018, and 75 briefs were received. **JUNE:** [*Copyright Act* Review, Phase I continues][12] with "the music, radio, television and film sectors." **AUGUST:** [OpenMedia][13] launches "[Let's Talk Copyright][14]," a campaign to enable the general public to submit their priorities to INDU via a webform. They [received over 4400 submissions][15], which were passed on to INDU (presumably forming the majority of the "more than 6,000 emails and other correspondence" received by INDU ([Statutory Review of the Copyright Act (Report 16)][16], p. 1)). **SEPTEMBER 30:** [Agreement reached on the *Canada-US-Mexico Agreement*][17] (CUSMA). It contains [IP requirements][18] including a general copyright term of life plus 70 years. **OCTOBER:** [*Copyright Act* Review, Phase II starts][19], intending to hear from "a range of stakeholders involved in multiple sectors of activity, such as Indigenous communities and various interest groups." ([news release][20]) **NOVEMBER:** [*Copyright Act* Review, Phase III starts][21], intending to hear from "lawyers and scholars working in the field of copyright law." Interested parties were invited to send a request to appear (it appears this was the only stakeholder group publicly invited to submit requests to appear). **NOVEMBER 30:** *Canada-US-Mexico Agreement* (CUSMA) [signed by Canada][22]. **DECEMBER 10:** INDU deadline for submitting briefs. 192 briefs were received by the committee. **DECEMBER 13:** [Bill C-86 receives Royal Assent][23]. This omnibus bill includes copyright provisions that make changes to the notice and notice regime and that reform aspects of the Copyright Board. 2019 ---- **JANUARY:** All briefs and testimonies have been published on the INDU site. **APRIL 9:** NDP MP (and member of INDU) Brian Masse introduces a private member's bill to abolish Crown copyright ([Bill C-440][24]). The bill is not passed before the House breaks for summer. (See [Amanda Wakaruk's work on Crown copyright][25] for more on this issue.) **MAY 15:** CHPC presents its report, [Shifting Paradigms][26] (Report 19), to the House of Commons. It contains 22 recommendations. **JUNE 3:** INDU presents its report, [Statutory Review of the Copyright Act][27] (Report 16), to the House of Commons. It contains 36 recommendations. The report thanks CHPC for their study. The report obligates the government to respond within 120 days ([Statutory Review of the Copyright Act (Report 16)][28], p. 11). **JUNE 18:** INDU issues a [news release][29] on CHPC's Shifting Paradigms report, reinforcing the fact that the *Copyright Act* Review was solely INDU's responsibility and that while INDU asked CHPC to investigate artist remuneration models and provide INDU with a summary, CHPC chose instead to present their recommendations directly to the House of Commons. **SEPTEMBER 11:** The 42nd Parliament is dissolved when a federal election is called. **OCTOBER 21:** Federal election. A new government is not obligated to respond to committee reports from the previous session (see [About Committees][30]). **DECEMBER 5:** The 43rd Parliament opens. Navdeep Bains, Minister of Innovation, Science and Industry is [mandated][31] to "Work with the Minister of Canadian Heritage to review the *Copyright Act*." 2020 ---- **ALL YEAR AND BEYOND:** COVID-19 interrupts everything, and shifts government priorities. **MARCH 13:** Bill C-4, *[an Act to Implement the Agreement between Canada, the United States of America and the United Mexican States][32]*, receives Royal Assent. **APRIL 22:** Federal Court of Appeal releases its [decision][33] on *Access Copyright v York*. **JULY 1:** *[Canada-US-Mexico Agreement][34]* (CUSMA) comes into force, including changes to the term of copyright for sound recordings, performances, cinematographic works, and anonymous/pseudonymous works. See, e.g., [*Copyright Act*][35] s 11.1 "Cinematographic works" and s 23 "Term of Rights." Canada has 2.5 years from this date to implement the required change to the general term of copyright, from life plus 50 years to life plus 70 years ([Article 20.89][36]). **OCTOBER 15:** Supreme Court of Canada [grants leave to appeal][37] to both Access Copyright and York University in *York v. Access Copyright*. 2021 ---- **JANUARY 15:** Francois-Philippe Champagne is named Minister of Innovation, Science and Industry, and is [mandated][38] to "[deliver] on the Government's commitments that were set out in the 2019 mandate letters," which included reviewing the *Copyright Act*, along with additional new priorities. **FEBRUARY 11:** The Government of Canada launches its [consultation on how to implement Canada's CUSMA commitment to extend the general term of copyright protection][39]. Interested parties are invited to submit responses until March 12, 2021; this deadline is later extended to March 31, 2021. All submissions are available [here][40]. **APRIL 14:** The Government of Canada launches its [consultation on options for a copyright framework for online intermediaries][41]. Interested parties are invited to submit responses until May 31, 2021. All submissions are available [here][42]. **MAY 21:** [The Supreme Court of Canada hears the *York v. Access Copyright* case.][43] **JULY 16:** The Government of Canada launches its [consultation on options for a copyright framework for artificial intelligence and the Internet of Things][44]. Interested parties are invited to submit responses until September 17, 2021. All submissions are available [here][45]. **JULY 30:** The Supreme Court of Canada issues its [decision in the *York v. Access Copyright* case][46]. **AUGUST 15:** The 43rd Parliament is dissolved when a federal election is called. **SEPTEMBER 20:** Federal election. **NOVEMBER 22:** The 44th Parliament opens. Minister of Innovation, Science and Industry Francois-Philippe Champagne and Minister of Canadian Heritage Pablo Rodriguez are both [mandated][47] to "amend the *Copyright Act* to further protect artists, creators and copyright holders, including to allow resale rights for artists." Minister Champagne is also mandated to "[amend] the *Copyright Act* to allow for the repair of digital devices and systems." 2022 ---- **FEBRUARY 8:** Liberal MP Wilson Miao introduces a private member's bill ([Bill C-244][48]) to permit the circumvention of technological protection measures for the purposes of diagnosis, maintenance, or repair. **APRIL 8:** Canada's [federal budget][49] includes the extension of copyright term from life plus 50 years to life plus 70 years, and "a sustainable educational publishing industry, including fair remuneration for creators and copyright holders, as well as a modern and innovative marketplace that can efficiently serve copyright users." No details as to how these will be implemented are provided. **APRIL 26:** The federal [Budget Implementation Act][50] includes changes to the Copyright Act to extend term to life plus 70 years, but does not include any amendments related to fair dealing or other education-related provisions. **JUNE 17:** Conservative MP Jeremy Patzer introduces a private member's bill ([Bill C-294][51]) to permit the circumvention of technological protection measures to allow for interoperability. **JUNE 23:** The [Budget Implementation Act][52] receives Royal Assent. **DECEMBER 30:** General term extension to life plus 70 years [becomes effective][53]. **FUTURE?** It remains unclear at the end of 2022 when the next review of the Copyright Act will take place, and what form this might take. [1]: https://laws-lois.justice.gc.ca/eng/annualstatutes/2012_20/FullText.html [2]: https://laws-lois.justice.gc.ca/eng/acts/C-42/Index.html [3]: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/232727/1/document.do [4]: https://www.ourcommons.ca/Committees/en/INDU?parl=42&session=1 [5]: https://www.ourcommons.ca/content/Committee/421/INDU/WebDoc/WD9706058/421_INDU_reldoc_PDF/INDU_DeptIndustryDeptCanadianHeritage_CopyrightAct-e.pdf [6]: https://www.ourcommons.ca/Committees/en/INDU/StudyActivity?studyActivityId=9897131 [7]: http://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/news-release/9752040 [8]: https://www.ourcommons.ca/content/Committee/421/INDU/WebDoc/WD9758801/421_INDU_relwebdoc_PDF/INDU_DabrusinJulieCHPC-e.pdf [9]: http://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/news-release/9760930 [10]: https://www.ourcommons.ca/DocumentViewer/en/42-1/CHPC/news-release/9761466 [11]: http://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/news-release/9827560 [12]: http://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/news-release/9890787 [13]: http://openmedia.org/ [14]: https://openmedia.org/article/item/lets-talk-copyright-bring-canadas-copyright-rules-speed-digital-era [15]: https://openmedia.org/article/item/thank-you-helping-shape-future-canadian-copyright [16]: https://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/report-16/ [17]: https://www.canada.ca/en/global-affairs/news/2018/09/joint-statement-from-united-states-trade-representative-robert-lighthizer-and-canadian-foreign-affairs-minister-chrystia-freeland.html [18]: http://international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/usmca-aeumc/ip-pi.aspx?lang=eng [19]: https://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/news-release/10096365 [20]: https://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/news-release/9752040 [21]: https://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/news-release/10123295 [22]: https://www.canada.ca/en/global-affairs/news/2018/11/canada-signs-new-trade-agreement-with-united-states-and-mexico.html [23]: https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=en&Mode=1&billId=10127729 [24]: https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=10395944 [25]: https://amandawakaruk.ca/crown-copyright-in-canada/ [26]: https://www.ourcommons.ca/DocumentViewer/en/42-1/CHPC/report-19/ [27]: https://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/report-16/ [28]: https://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/report-16/ [29]: https://www.ourcommons.ca/DocumentViewer/en/42-1/INDU/news-release/10581857 [30]: https://www.ourcommons.ca/Committees/en/About [31]: https://pm.gc.ca/en/mandate-letters/2019/12/13/minister-innovation-science-and-industry-mandate-letter [32]: https://www.parl.ca/DocumentViewer/en/43-1/bill/C-4/first-reading [33]: https://decisions.fca-caf.gc.ca/fca-caf/decisions/en/469654/1/document.do [34]: https://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/cusma-aceum/text-texte/toc-tdm.aspx?lang=eng [35]: https://laws-lois.justice.gc.ca/eng/acts/C-42/Index.html [36]: https://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/cusma-aceum/text-texte/20.aspx?lang=eng [37]: https://decisions.scc-csc.ca/scc-csc/news/en/item/6969/index.do [38]: https://pm.gc.ca/en/mandate-letters/2021/01/15/minister-innovation-science-and-industry-supplementary-mandate-letter [39]: http://www.ic.gc.ca/eic/site/693.nsf/eng/00189.html [40]: http://www.ic.gc.ca/eic/site/693.nsf/eng/h_00193.html [41]: https://www.canada.ca/en/canadian-heritage/news/2021/04/the-government-of-canada-launches-consultation-on-a-modern-copyright-framework-for-online-intermediaries.html [42]: https://www.ic.gc.ca/eic/site/693.nsf/eng/h_00318.html [43]: https://scc-csc.gc.ca/case-dossier/info/webcastview-webdiffusionvue-eng.aspx?cas=39222&id=2021/2021-05-21--39222&date=2021-05-21 [44]: https://www.ic.gc.ca/eic/site/693.nsf/eng/00317.html [45]: https://www.ic.gc.ca/eic/site/693.nsf/eng/h_00508.html [46]: https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18972/index.do [47]: https://pm.gc.ca/en/mandate-letters/2021/12/16/minister-innovation-science-and-industry-mandate-letter [48]: https://www.parl.ca/legisinfo/en/bill/44-1/c-244 [49]: https://budget.gc.ca/2022/report-rapport/anx3-en.html#wb-cont [50]: https://fin.canada.ca/drleg-apl/2022/nwmm-amvm-0422-bil.pdf [51]: https://www.parl.ca/LegisInfo/en/bill/44-1/c-294 [52]: https://www.parl.ca/DocumentViewer/en/44-1/bill/C-19/royal-assent [53]: https://orders-in-council.canada.ca/attachment.php?attach=42842&lang=en