Bill C-57

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Royal Assent

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1993, c. 44, s. 44	40. Subsection 30.11(3) of the English version of the Act is replaced by the following:
Chairman may assign member	(3) The Chairman may assign one member of the Tribunal to deal with a complaint and a member so assigned has and may exercise all of the Tribunal's powers, and has and may perform all of the Tribunal's duties and functions, in relation to the complaint.
1993, c. 44, s. 45	41. Paragraph 39(1)(c) of the Act is replaced by the following:
	(c) specifying any additional information that shall accompany a complaint filed under any of subsections 23(1) to (1.1), 30.01(2) and 30.11(1) or an extension request filed under subsection 30.04(1); and
1993, c. 44, s. 46	42. (1) Paragraphs 40(a) to (c) of the Act are replaced by the following:
	(a) respecting the matters to be addressed or examined by the Tribunal in an inquiry commenced under this Act;
	(a.1) respecting the number of members that constitute a quorum for the purposes of
	(i) hearing, determining and dealing with appeals referred to in paragraph 16(c),
	(ii) conducting inquiries and reporting on matters referred to the Tribunal pursuant to section 18 or 19, or
	(iii) reviewing and reporting on developments and providing advice pursuant to section 19.02;
	(b) defining the expressions ``domestic production'' and ``like or directly competitive goods'' for the purposes of this Act and providing factors for determining under this Act whether domestic producers of like or directly competitive goods are adjusting;
	(c) defining the expression ``other interested party'' for the purposes of any provision of this Act;
	(2) Section 40 is amended by adding the following after paragraph (f):
	(f.1) determining, for the purposes of sections 30.1 to 30.19, whether a bidder or prospective bidder on a designated contract has standing to be a potential supplier;
1993, c. 44, s. 47	43. Subsection 44.1(1) of the Act is replaced by the following:
Information to be disclosed	44.1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a NAFTA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Secretary of the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.
	44. Subsection 45(2) of the Act is replaced by the following:
Disclosure of summary or statement	(2) Subsection (1) does not apply in respect of any non-confidential edited version or non-confidential summary of information or statement referred to in paragraph 46(1)(b).
	45. (1) Paragraph 46(1)(b) of the Act is replaced by the following:
	(b) a non-confidential edited version or non-confidential summary of the information designated as confidential pursuant to paragraph (a) in sufficient detail to convey a reasonable understanding of the substance of the information or a statement
	(i) that such a non-confidential edited version or non-confidential summary cannot be made, or
	(ii) that such a non-confidential edited version or non-confidential summary would disclose facts that the person has a proper reason for wishing to keep confidential,
	together with an explanation that justifies the making of the statement.
	(2) Paragraphs 46(2)(a) and (b) of the Act are replaced by the following:
	(a) the person does not provide the non-confidential edited version, the non-confidential summary or the statement referred to in paragraph (1)(b);
	(b) the person provides a non-confidential edited version or a summary of the information designated as confidential pursuant to paragraph (1)(a) but the Tribunal is satisfied that it does not comply with paragraph (1)(b);
	46. The French version of the Act is amended by replacing the word ``préjudice'' with the word ``dommage'' in the following provisions:
	(a) subsections 19.01(2) and (3);
	(b) paragraph 20(b);
	(c) subsection 20.01(2);
	(d) subsections 23(1) to (1.02);
	(e) subparagraphs 26(1)(a)(i) to (i.2);
	(f) subsection 26(4);
	(g) paragraphs 27(1)(a) to (a.2);
	(h) subsection 27(2); and
	(i) subsection 28(1).
	47. The French version of the Act is amended by replacing the word ``dommage'' with the word ``préjudice'' in the following provisions:
	(a) subsection 23(1.03);
	(b) subparagraph 26(1)(a)(i.3); and
	(c) paragraph 27(1)(a.3).
R.S., c. C-24	Canadian Wheat Board Act
	*48. Paragraph 45(a) of the Canadian Wheat Board Act* is replaced by the following:**
	(a) export from Canada wheat or wheat products owned by a person other than the Board;
	49. Paragraphs 46(c) and (d) of the Act are replaced by the following:
	(c) to provide for the granting of licences for the export from Canada, or for the sale or purchase for delivery outside Canada, of wheat or wheat products, which export, sale or purchase is otherwise prohibited under this Part;
	(d) to prescribe the terms and conditions on which licences described in paragraph (c) may be granted, including a requirement for the recovery from the applicant by the Board or any other person specified by the regulation, of a sum that, in the opinion of the Board, represents the pecuniary benefit enuring to the applicant pursuant to the granting of a licence, arising solely by reason of the prohibition of exports of wheat and wheat products without a licence and then existing differences between prices of wheat and wheat products inside and outside Canada;
1991, c. 48 [c. C-41.01]	Cooperative Credit Associations Act
	*50. Subsection 41(4) of the Cooperative Credit Associations Act* is repealed.**
	51. Paragraphs 170(e) and (f) of the Act are repealed.
	52. (1) Paragraph 233(3)(c) of the Act is repealed.
	(2) Paragraph 233(4)(c) of the English version of the Act is replaced by the following:
	(c) with respect to any matter described in any of paragraphs (3)(d) to (f), two years.
	53. The Act is amended by adding the following after section 355:
Exception for small holdings	355.1 Notwithstanding section 355, where, as a result of a transfer or issue of shares of a class of shares of an association to a person, the total number of shares of that class registered in the securities register of the association in the name of that person
	(a) would not exceed five thousand, and
	(b) would not exceed 0.1 per cent of the outstanding shares of that class,
	the association is entitled to assume that no person is acquiring or increasing a significant interest in that class of shares of the association as a result of that issue or transfer of shares.
1991, c. 48, par. 497(b), (c); 1993, c. 44, s. 51	54. Division II of Part VIII of the Act is repealed.
	55. Section 373 of the Act is repealed.
R.S., c. C-42	Copyright Act
1993, c. 44, s. 53(2)	*56. (1) The definitions ``infringing'' and ``performance'' in section 2 of the Copyright Act* are replaced by the following:**
``infringing'' « contrefaçon »	``infringing'' means
	(a) when applied to a copy of a work in which copyright subsists, any copy, including any colourable imitation, made or imported in contravention of this Act, or
	(b) when applied to a fixation of a performer's performance in respect of which a performer's right subsists, or to a reproduction of such a fixation, any fixation or reproduction made or imported in contravention of this Act;
``performance '' « représentati on», « exécution » ou « audition »	``performance'' means any acoustic representation of a work or any visual representation of a dramatic work, including a representation made by means of any mechanical instrument, radio receiving set or television receiving set, but this definition does not apply in the expression ``performer's performance'' or in the definition of that expression;
1993, c. 44, s. 53(3)	(2) The definition ``pays partie à la Convention'' in section 2 of the French version of the Act is replaced by the following:
« pays partie à la Convention de Berne » ``Berne Convention country''	« pays partie à la Convention de Berne » Pays partie à la Convention pour la protection des oeuvres littéraires et artistiques, conclue à Berne le 9 septembre 1886, ou à l'une de ses versions révisées, notamment celle de l'Acte de Paris de 1971.
	(3) Section 2 of the Act is amended by adding the following in alphabetical order:
``performer's performance'' « prestation »	``performer's performance'' means
	(a) a live performance of a pre-existing artistic work, pre-existing dramatic work or pre-existing musical work, or a live recitation of a pre-existing literary work, whether or not the work was previously fixed in any material form, and whether or not the work's term of copyright protection under this Act has expired,
	(b) a live reading of a pre-existing literary work, whether or not the work's term of copyright protection under this Act has expired, or
	(c) a live improvisation of an artistic work, dramatic work, musical work or literary work, whether or not the improvised work is based on a pre-existing work,
	but the references to artistic works in paragraphs (a) and (c) shall be read as applicable only in relation to the performer's sole right conferred by paragraph 14.01(1)(c) and the performer's sole right to authorize acts described in paragraph 14.01(1)(c);
``treaty country'' « pays signataire »	``treaty country'' means a Berne Convention country, UCC country or WTO Member;
``UCC country'' « pays partie à la Convention universelle »	``UCC country'' means a country that is a party to the Universal Copyright Convention, adopted on September 6, 1952 in Geneva, Switzerland, or to that Convention as revised in Paris, France on July 24, 1971;
``WTO Member'' « membre de l'OMC »	``WTO Member'' means a Member of the World Trade Organization as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act.
	(4) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« artiste interprète » French version only	« artiste interprète » Tout artiste interprète ou exécutant.
1993, c. 44, s. 57(1)	57. (1) Subsections 5(1) and (1.1) of the Act are replaced by the following:
Conditions for subsistence of copyright	5. (1) Subject to this Act, copyright shall subsist in Canada, for the term hereinafter mentioned, in every original literary, dramatic, musical and artistic work if any one of the following conditions is met:
	(a) in the case of any work, whether published or unpublished, including a cinematograph, the author was, at the date of the making of the work,
	(i) a British subject,
	(ii) a citizen or subject of, or a person ordinarily resident in, a treaty country, or
	(iii) a resident within Her Majesty's Realms and Territories;
	(b) in the case of a cinematograph, whether published or unpublished, the maker, at the date of the making of the cinematograph,
	(i) if a corporation, had its headquarters in a treaty country, or
	(ii) if a natural person, was
	(A) a British subject,
	(B) a citizen or subject of, or a person ordinarily resident in, a treaty country, or
	(C) a resident within Her Majesty's Realms and Territories; or
	(c) in the case of a published work, including a cinematograph,
	(i) in relation to paragraph 4(1)(a), the first publication in such a quantity as to satisfy the reasonable demands of the public, having regard to the nature of the work, occurred within Her Majesty's Realms and Territories or in a treaty country, or
	(ii) in relation to paragraph 4(1)(b) or (c), the first publication occurred within Her Majesty's Realms and Territories or in a treaty country.
Protection for older works	(1.01) For the purposes of subsection (1), a country that becomes a Berne Convention country or a WTO Member after the date of the making or publication of a work shall, as of becoming a Berne Convention country or WTO Member, as the case may be, be deemed to have been a Berne Convention country or WTO Member at the date of the making or publication of the work, subject to subsection (1.02) and section 29.
Limitation	(1.02) Subsection (1.01) does not confer copyright protection in Canada on a work whose term of copyright protection in the country referred to in that subsection had expired before that country became a Berne Convention country or WTO Member, as the case may be.

Bill C-57

Canadian Wheat Board Act

Cooperative Credit Associations Act

Copyright Act