Although many stakeholder groups including EFC lobbied the government for more time to make changes to some provisions of the Act, the Senate passed Bill C-11 on Friday as widely expected. Some of the major highlights of the Act include:
- Fair dealing being extended to education, satire, and parody use.
- Time shifting officially allowed if the work was obtained legally.
- ISPs being required to notify users that they may be infringing copyrights if the ISPs are alerted to it.
- Individual liability for damages to $20K for commercial use to $5K for non-commercial use.
- Express prohibition from breaking digital locks, even where the work was obtained legally.
From an organization perspective, due-diligence in the area of the images used on company websites and in magazines and brochures should be reviewed on a regular basis. Click here for more information
Canadian Anti-Spam legislation (CASL): EFC continued to monitor developments regarding the Canadian Anti-Spam legislation(CASL). It appears the proposed regs will be published in Part I of the Canada Gazette in September. The delay from the original intended implementation of June was the result of Industry Canada’s (IC) extensive internal consultations with officials driven by many of the concerns that have been raised by EFC and other stakeholder groups. Once the proposed regs are published, there will be a 30-day consultation period before final regs are prepared. The coming into force will be some time in 2013. EFC will continue to advocate for at least one year coming into force date after the final regs are published.
Trans-Pacific Partnership (TPP): After consultations through the Department of Foreign Affairs and International Trade (DFAIT), the Government of Canada announced that Canada will be incorporated into the Trans-Pacific Partnership (TPP) negotiations. The current TPP countries are Australia, Brunei Darussalam, Chile, Malaysia, New Zealand, Peru, Singapore, the United States and Vietnam. The TPP presents an opportunity to build on the commitments of NAFTA. Prime Minister Harper’s announcement can be found here: http://www.pm.gc.ca/eng/media.asp?category=1&featureId=6&pageId=26&id=4874
Canadian Consumer Product Safety Act: EFC will continue to monitor Heath Canada’s (HC) proposed Regulations to enable the implementation of an Administrative Monetary Penalty (AMP) system laid out within the CCPSA. The proposed Regulations would prescribe the time and manner in which the penalty would be calculated, modified, and paid as well as the manner in which certain documents referred to in the proposed Regulations must be provided.
EFC participated in a coalition consultation regarding incident reporting under the CCPSA. Of particular concern for EFC members is the dual reporting obligations some companies face for certain electrical incidents. HC indicated that they are currently working with the ESA to establish a solution to the dual reporting concerns. We expect to hear from them in the fall on this issue.
Regulatory Cooperation Council: EFC will continue to work with Standards Council of Canada to provide guidance and recommendations on Canada’s standardization priorities, including support of regulatory objectives under the Regulatory Cooperation Council.
Chemicals Management Plan: EFC will continue to work with Environment Canada (EC) on streamlining the approach to the second phase of the Domestic Substances List Inventory Update under the Chemicals Management Plan. EC will develop guidance in consultation with interested stakeholders and identify opportunities for group submissions. They are aiming to publish these guidelines in September 2012 and hold information sessions in October and November.
Government Relations Committee: The current members of the Committee include Morgan Elliott (RIM), serving as Chair, Veso Sobot (IPEX Electrical), serving as Co-Chair, Elaine Gerrie (Gerrie Electric Wholesale Limited), Bill Hammond (Hammond Power Solutions Inc.), Dave Sharpe (Rockwell Automation Canada Inc.), Ross Hornby (GE Canada), and Ross Robinson (BA Robinson Company Limited), Vladimir V. Gagachev (Eaton), and Eric Schmidt (Southwire Canada Company).
For more information, contact Brisette Lucas at firstname.lastname@example.org