Canada–United States–Mexico Agreement Implementation Act (S.C. 2020, c. 1)
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Assented to 2020-03-13
PART 2Related Amendments (continued)
R.S., c. C-42Copyright Act
Amendments to the Act
23 Section 2 of the Copyright Act is amended by adding the following in alphabetical order:
- Canada–United States–Mexico Agreement
Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique)
Marginal note:1993, c. 44, s. 58
24 Sections 6.1 and 6.2 of the Act are replaced by the following:
Marginal note:Anonymous and pseudonymous works
6.1 (1) Except as provided in section 6.2 and in subsection (2), where the identity of the author of a work is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made.
Marginal note:Identity of author commonly known
(2) Where, during any term referred to in subsection (1), the author’s identity becomes commonly known, the term provided in section 6 applies.
Marginal note:Anonymous and pseudonymous works of joint authorship
6.2 (1) Except as provided in subsection (2), where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made.
Marginal note:Identity of author commonly known
(2) Where, during any term referred to in subsection (1), the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies and a period of 50 years following the end of that calendar year.
Marginal note:1993, c. 44, s. 60(1)
25 Subsection 9(2) of the Act is replaced by the following:
Marginal note:Nationals of other countries
(2) Authors who are nationals of any country, other than a country that is a party to the Canada–United States–Mexico Agreement, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada.
Marginal note:1997, c. 24, s. 9(1)
26 Section 11.1 of the Act is replaced by the following:
Marginal note:Cinematographic works
11.1 Except for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a dramatic character, copyright in a cinematographic work or a compilation of cinematographic works shall subsist until the end of 70 years following the end of the calendar year in which the cinematographic work or the compilation is made. However, if the cinematographic work or the compilation is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the cinematographic work or the compilation was made.
Marginal note:2001, c. 27, s. 236
27 Subsection 17(4) of the Act is replaced by the following:
Marginal note:Exception
(4) If so requested by a country that is a party to the Canada–United States–Mexico Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to that Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).
Marginal note:1997, c. 24, s. 14; 2012, c. 20, s. 15(5)
28 Subsections 20(3) and (4) of the Act are repealed.
Marginal note:2012, c. 20, s. 17; 2015, c. 36, s. 81(1)
29 (1) Paragraphs 23(1)(a) and (b) of the Act are replaced by the following:
(a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 70 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and
(b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.
Marginal note:2015, c. 36, s. 81(2)
(2) Subsection 23(1.1) of the Act is replaced by the following:
Marginal note:Term of copyright — sound recording
(1.1) Subject to this Act, copyright in a sound recording subsists until the end of 70 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.
30 Section 42 of the Act is amended by adding the following after subsection (3.1):
Marginal note:Offence — infringement related to rights management information
(3.2) Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, commits an offence who knowingly and for commercial purposes
(a) removes or alters any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording, if the person knows that the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19; or
(b) does any of the acts referred to in paragraphs 41.22(3)(a) to (e) with respect to any material form of the work, the performer’s performance fixed in a sound recording or the sound recording without the consent of the owner of the copyright and knows that
(i) the rights management information in electronic form has been removed or altered without the consent of the owner of the copyright, and
(ii) the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19.
Marginal note:Punishment
(3.3) Every person who commits an offence under subsection (3.2) is liable
(a) on conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or
(b) on summary conviction to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both.
Marginal note:Definition of rights management information
(3.4) In subsection (3.2), rights management information has the same meaning as in subsection 41.22(4).
Marginal note:2014, c. 32, s. 5
31 Subsection 44.01(2) of the Act is replaced by the following:
Marginal note:Exception
(2) Subsection (1) does not apply to copies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use.
Marginal note:2014, c. 32, s. 5
32 Paragraph 44.04(1)(b) of the Act is replaced by the following:
(b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement;
Marginal note:2018, c. 27, s. 296
33 Paragraph 70(2)(a) of the Act is replaced by the following:
(a) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in section 20;
Transitional Provision
Marginal note:No revival of copyright
34 Sections 6.1, 6.2 and 11.1, paragraphs 23(1)(a) and (b) and subsection 23(1.1) of the Copyright Act, as enacted by sections 24, 26 and 29, respectively, do not have the effect of reviving the copyright or a right to remuneration in any work, performer’s performance fixed in a sound recording or sound recording in which the copyright or the right to remuneration had expired on the coming into force of those provisions of that Act.
R.S., c. C-46Criminal Code
Marginal note:2019, c. 25, s. 2
35 Paragraph 2.3(1)(a) of the Criminal Code is replaced by the following:
(a) proceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 391, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;
36 Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxx):
(lxx.01) section 391 (trade secret),
37 The Act is amended by adding the following after section 390:
Marginal note:Trade secret
391 (1) Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret.
Marginal note:Trade secret — prior knowledge
(2) Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1).
Marginal note:Punishment
(3) Everyone who commits an offence referred to in subsection (1) or (2) is guilty
(a) of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or
(b) of an offence punishable on summary conviction.
Marginal note:For greater certainty
(4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering.
Marginal note:Definition of trade secret
(5) For the purpose of this section, trade secret means any information that
(a) is not generally known in the trade or business that uses or may use that information;
(b) has economic value from not being generally known; and
(c) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
38 Section 1 of the schedule to Part XXII.1 of the Act is amended by adding the following after paragraph (x):
(x.1) section 391 (trade secret);
R.S., c. E-15Excise Tax Act
39 Schedule VII to the Excise Tax Act is amended by adding the following after section 7:
7.01 Goods (other than goods prescribed for the purposes of section 7) transported by courier
(a) that are imported from Mexico or the United States, as determined in accordance with the Customs Tariff; and
(b) that have a value, determined under paragraph 215(1)(a) of the Act, of not more than $40.
R.S., c. E-19Export and Import Permits Act
Marginal note:1993, c. 44, s. 146
40 (1) The definitions NAFTA and NAFTA country in subsection 2(1) of the Export and Import Permits Act are repealed.
Marginal note:1997, c. 14, s. 70(2)
(2) Paragraph (a) of the definition free trade partner in section 2(1) of the Act is replaced by the following:
(a) a CUSMA country,
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- CUSMA
CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (ACEUM)
- CUSMA country
CUSMA country means a country that is a party to CUSMA. (pays ACEUM)
Marginal note:2014, c. 14, s. 17(2)
(4) Subsection 2(2) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.
(5) Subsection 2(2) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries.
Marginal note:1997, c. 14, s. 71
41 The definitions contribute importantly and surge in subsection 4.2(1) of the Act are replaced by the following:
- contribute importantly
contribute importantly, in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante)
- surge
surge, in respect of goods imported from
(a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and
(b) Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)
Marginal note:1997, c. 14, s. 72(1)
42 Paragraph 5(4)(b) of the Act is replaced by the following:
(b) in the case of goods imported from a CUSMA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and
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