Honourable senators, I'm pleased to rise today to speak about Bill C-11, as I indicated, An Act to amend the Copyright Act. This legislation will make targeted but important changes to Canada's copyright law. I would like to briefly describe these changes, but first please let me explain the problem being addressed.

Close to 1 million Canadians live with blindness or partial sight. Furthermore, around 3 million Canadians are print-disabled; that is, they suffer from impairments that make it difficult for them to read books. For example, people suffering from Parkinson's may have impairment in their ability to hold or manipulate a book. These numbers are expected to grow as the population ages. Canadians need to be able to read and access information to participate fully in our society, yet there is a major shortage of books accessible for people who live with blindness or who are print-disabled. Of all the books published each year, only about 7 per cent are made available in formats that are accessible to visually impaired persons.

Accessible formats refer to published content that has been formatted to allow for use for a person with a print disability that prevents them from using conventional print. There are a number of different types of accessible formats. Braille is the international reading system for people who are blind. There are also large print or larger font sizes in books that help people who have low vision.

Audio format presents print material by having it read aloud by a reading device. There are also various assistive technologies that people with print disabilities may use to aid them.

While there are audiobooks and e-books on the market, these formats are not always accessible for someone who lives with blindness or a print disability. For example, many commercial audiobooks and e-books are not easily navigable by a person with a print disability. One reason for this shortfall is the fact that copyright laws are inconsistent between countries, making it difficult to share accessible books across borders.

The Marrakesh treaty was developed to address this problem. The Marrakesh treaty establishes international standards for exceptions in international copyright laws to permit the making, distributing, importing and exporting of books in accessible formats. The goal is to facilitate the global exchange of accessible materials for the benefit of Canadians and persons with print disabilities all over the world.

I am a proud sponsor of this legislation in this house and look forward to bringing our copyright laws in line with the Marrakesh treaty.

Allow me now to briefly describe the changes in Canada's copyright law proposed in this legislation.

Canada's Copyright Act was last modernized in 2012 to reflect the digital environment. Our Copyright Act also already provides for exceptions that allow for the reproduction of books in accessible formats. However, our current copyright law does not fully align with the obligations of the treaty. Therefore, a small number of targeted changes are needed to bring our existing exceptions in line with the Marrakesh treaty.

The legislation will make the following important changes to Canada's copyright law to ensure that we meet the requirements of the treaty. First, the bill will permit the making of large-print books, which are currently not part of Canada's existing exceptions to copyright.

Second, the bill will reduce the restrictions on importing accessible materials. There is currently a restriction in Canada's exportation provisions based on the author's nationality. Only a Canadian author's work or a work of an author who is a citizen of the destination country may be exported. The bill will remove these limitations with respect to the nationality of the author.

Third, the bill will modify commercial availability limitations. The bill will ensure that publishers who choose to make their books available in accessible formats can sell these in the marketplace. For this reason, the bill recognizes that where a book is available in accessible format that meets the needs of the person with a disability, the market version should be procured.

For the international market there will also be a limitation. In the case of exports to Marrakesh treaty countries, the onus will be on copyright owners to demonstrate that accessible format copies of their works are already commercially available in those countries in order to prevent the export of copies there. Copyright owners are in a better position to determine whether their works are commercially available in foreign countries.

Another important change in the legislation is to reduce barriers to accessing digitally locked content. The Copyright Act includes prohibitions against circumventing technological protection measures, or digital locks, subject to certain user exceptions, including an exception for persons with perceptual disabilities. The Marrakech treaty requires that member countries ensure that the legal protections for digital locks and their laws do not prevent users from benefiting from exceptions for the print- disabled.

The proposed amendment would modify the digital lock exceptions for persons with perceptual disabilities in order to remove potential barriers, in particular a condition that the lock not be unduly impaired. Essentially, the bill clarifies that circumvention of digital locks is acceptable, so long as it is for the purpose of providing access to persons with perceptual disabilities and to permit persons with perceptual disabilities, or those helping them, to benefit from the exceptions for persons so disabled.

As a result of this legislation, Canada's copyright law will be clarified to indicate that non-profit organizations such as libraries can provide or provide access to accessible format copies directly to beneficiary persons outside of Canada. However, they may only do so on the condition that the beneficiary person has made the request through a non-profit organization in the destination country.

While the legislation will expand the exceptions for accessible materials for persons with perceptual disabilities already in our law, it will also include safeguards so that copyright owners will be encouraged to provide commercially available versions and continue to be available to enforce their rights.

Canada's copyright law as amended would include the following safeguards for copyright owners. As explained earlier, commercial availability limitations will ensure that the exceptions will not apply where copies in accessible format are already available in the marketplace.

Second, circumventing digital locks will be allowed only for the purpose of assisting persons with perceptual disabilities.

Third, additional protections for moral rights will ensure that users will respect the integrity of the work and the reputation of the creator when making and providing adapted copies.

Finally, remedies will continue to be available to copyright owners for enforcing their rights and combatting online pirates.

Once the Marrakech treaty is in force, organizations that make accessible format copies of books such as Braille and audio versions will benefit from resource sharing. These benefits would not just apply in terms of access to the arts. It will support access to a greater variety of books, including textbooks and research materials, expanding opportunities for people with perceptual difficulties.

Implementing the Marrakech treaty should be a priority for Canada because creating a more inclusive environment for Canadians with disabilities reflects our collective values and fosters greater opportunity for all Canadians.

Libraries, educational institutions and organizations that help persons with visual impairment or print disabilities will benefit and be better able to support the education and employment of persons with disabilities. Canada has an opportunity now to play a leadership role internationally by helping to bring the treaty into force.

The treaty will only enter into force once 20 countries have ratified or acceded to it. To date, the treaty has been ratified or acceded to by 17 countries. Although Canada did not sign the treaty before the deadline for signatures on June 2014, both the previous and current governments since then have openly expressed Canada's support for the treaty, as have all parties in the other place.

By becoming one of the first 20 countries to join, Canada could demonstrate its support in real terms by playing a critical role in bringing the treaty into force. To this end, the parliamentary process for Bill C-11, which would implement the treaty and enable Canada to formally join it, has been proceeding on an expedited basis with unanimous support in the other place. In view of the importance of this initiative for persons with print disabilities, the opportunity for Canada to play a positive role internationally, and the benefits that will flow to Canadians through the treaty entering into force in the short term, I urge all senators to support the swift passage of this important legislation.

Hon. Wilfred P. Moore: Would the honourable senator take a question?

Senator Harder: Certainly.

Senator Moore: This is a very interesting bill. To date we have 17 countries. You need 20 to bring it into force. I think about the language. Are most of the countries people we deal with in most of our trading, like the United States and England, or are we also covered off for our French artists, writers and so on?

Senator Harder: I don't have the list of countries that have acceded to the treaty. I can confirm that it was a treaty negotiated through the World Intellectual Property Organization based in Geneva, which has a multi-stakeholder, multi-language base to it.

Senator Moore: Do we have prospects, if we sign on, for the other two? Are we getting close to the finish line here?

Senator Harder: I am told by the officials involved that if were to approve, it would be seen as an added impetus to get over the finish line and encourage those who have not yet had their legislatures make the amendments necessary to do so.

Senator Moore: Have we got anything in terms of a timetable? I know this is second reading, but is this something we can hope to do in this calendar year? What's your government's position?

Senator Harder: That is a very good question, senator. It was dealt with in all phases in one sitting in the other chamber. It is the objective of the government to be able to bring Royal Assent to this legislation in the very near future, subject, of course, to the will of this chamber.