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FederalPassed41st Parliament, 2nd Session

Bill C-8 explained in plain English

An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
41st Parliament, 2nd Session
Bill number
Bill C-8
Full title
An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts
Current status
Passed
Latest event
Royal assent received
Last updated
Dec 9, 2014

Official Parliament of Canada snapshot for 41st Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
Royal assent received
Latest Activity
Dec 9, 2014
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill C-8 strengthens copyright and trade-mark enforcement by creating new civil and criminal remedies, border measures, and modernizing trade-mark registration processes.

What It Means

Bill C-8, called the Combating Counterfeit Products Act, amends two Canadian federal laws: the Copyright Act and the Trade-marks Act. The bill received Royal Assent on December 9, 2014. The bill creates new tools to fight copyright infringement and counterfeit goods: **Copyright Enforcement:** - Makes it illegal to export copies made without the copyright owner's permission - Creates new criminal offences for possessing infringing copies for sale, renting, distributing, or importing/exporting them - Allows customs officers to stop goods suspected of infringing copyright at the border - Copyright owners can request assistance from the government to track suspected infringing goods crossing the border - Goods can be held at the border for up to 10 working days (5 days if perishable) so rights owners can take legal action - Copyright owners may have to pay storage costs for detained goods **Trade-mark Enforcement:** - Creates new criminal offences for counterfeiting trade-marks (similar to copyright offences) - Prohibits manufacturing, importing, exporting, or possessing counterfeit goods, labels, and packaging - Allows customs officers to detain goods with suspected counterfeit trade-marks at the border - Trade-mark owners can request government assistance to pursue remedies for counterfeit goods - Similar detention procedures apply to trade-mark violations as to copyright violations **Trade-mark Registration Changes:** - Expands what can be registered as a trade-mark to include colours, sounds, scents, tastes, textures, shapes, and other non-traditional marks - Allows the Registrar to correct obvious errors in the trade-mark register - Streamlines the trade-mark application process by setting clearer filing date rules - Allows applicants to split (divide) trade-mark applications into separate applications for different goods/services - Modernizes opposition procedures for challenging trade-mark applications **Other Changes:** - Exempts personal use items from border enforcement (individuals can import/export copies for personal use) - Adds copyright and trade-mark offences to the Criminal Code so police can use wiretap authorization to investigate serious cases - Amends the Customs Act to allow border officers to share information about detained goods with rights owners The bill also makes various technical changes to the Trade-marks Act to modernize terminology and procedures.

Uncertainties Or Limits
  • This draft was normalized from a partial local-model response and must be reviewed before publication.
Laws Or Regulations Affected
Copyright Act
amends

Adds new offences for possessing, importing, and exporting infringing copies; creates civil infringement for exporting infringing copies; establishes border detention and request for assistance procedures; increases criminal penalties

Trade-marks Act
amends

Expands registrable trade-marks to include non-traditional marks; creates new criminal offences for counterfeit goods, labels, and packaging; adds border enforcement provisions; streamlines application and opposition procedures; allows Registrar to correct errors; modernizes terminology and definitions

Criminal Code
amends

Adds copyright infringement offences (section 42 of Copyright Act) and trade-mark counterfeiting offences (section 51.01 of Trade-marks Act) to the list of offences for which police may seek wiretap authorization

Customs Act
amends

Adds provisions allowing customs officers to share information about detained goods with copyright and trade-mark owners who have filed requests for assistance

Access to Information Act
amends

Removes reference to Trade-marks Act subsection 50(6) from Schedule II (exemptions list)

Olympic and Paralympic Marks Act
amends

Changes terminology from 'wares' to 'goods' and 'equipment' for consistency; updates provisions regarding destruction of offending materials

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A Legislative Summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. A pre-release version of this publication is available to parliamentarians and their staff, and can be obtained by submitting a request or contacting the Library of Parliament. Meanwhile, the following executive summary is available. On 28 October 2013, the Minister of Industry introduced Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts (Combating Counterfeit Products Act), in the House of Commons and it was given first reading. Counterfeit trademark goods, commonly described as “knock-offs,” closely resemble the legitimate product and bear an imitation or non-genuine trademark. The retail value of counterfeit goods seized by the RCMP increased from $7.6 million in 2005 to $38 million in 2012. Bill C-8 amends the Copyright Act and the Trade-marks Act to add new civil and criminal remedies and new border measures in both Acts, in order to strengthen the enforcement of copyright and trade-mark rights and to curtail commercial activity involving infringing copies and counterfeit trade-marked goods. More specifically, it • creates new civil causes of action with respect to activities that sustain commercial activity in infringing copies and counterfeit trade-marked goods; • creates new criminal offences for trade-mark counterfeiting that are analogous to existing offences in the Copyright Act; • creates new criminal offences prohibiting the possession or export of infringing copies or counterfeit trade-marked goods, packaging or labels; • enacts new border enforcement measures enabling customs officers to detain goods that they suspect infringe copyright or trade-mark rights and allowing them to share information relating to the detained goods with rights owners who have filed a request for assistance, in order to give the rights owners a reasonable opportunity to pursue a remedy in court; • exempts the importation and exportation of copies and goods by an individual for their personal use from the application of the border measures; and • adds the offences set out in the Copyright Act and the Trade-marks Act to the list of offences set out in the Criminal Code for the investigation of which police may seek judicial authorization to use a wiretap. The enactment also amends the Trade-marks Act to, among other things, expand the scope of what can be registered as a trade-mark, allow the Registrar of Trade-marks to correct errors that appear in the trade-mark register, and streamline and modernize the trade-mark application and opposition process.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Nov 6, 2014
Completed

The Senate reset the legislative process for Bill C-8 on November 6, 2014, requiring it to restart its readings and committee stages.

First reading, Nov 6, 2014
End of stage activity, Nov 6, 2014
Chamber sittings
First reading - Nov 6, 2014

The Senate held the first reading of Bill C-8 after adopting a motion to nullify all prior proceedings on the bill due to a necessary correction in clause numbering.

Step 2
Second reading
Nov 19, 2014
Completed

This record outlines the procedural progression of Bill C-8 through the Senate, including a motion to void prior proceedings, leading to Royal Assent.

Second reading, Nov 19, 2014
Referral to committee, Nov 19, 2014
End of stage activity, Nov 19, 2014
Chamber sittings
Debate at second reading - Nov 18, 2014

During a Senate sitting on November 18, 2014, debate on Bill C-8 concerning copyright and trade-marks was adjourned, and other matters including omnibus bills and tributes were discussed.

During the Senate's second reading debate on Bill C-8, Senator Tkachuk presented the bill aimed at modernizing intellectual property laws to combat counterfeit products.

Debate at second reading - Nov 19, 2014

In the Senate on November 19, 2014, debate occurred on Bill C-8 concerning counterfeit products, which was referred to committee, alongside discussions on children's rights, international trade, Indigenous women, government transparency, and pension plans.

During the Senate's second reading debate on Bill C-8, Senator Day discussed the bill's purpose of combatting counterfeit products, raised concerns about its urgency and potential abuses, and highlighted areas for improvement before it was referred to committee.

Step 3
Consideration in committee
Dec 4, 2014
Completed

This record details the Senate's committee consideration of Bill C-8, including a motion to void prior proceedings and subsequent stages leading to royal assent.

Committee report presented without amendment, Dec 4, 2014
End of stage activity, Dec 4, 2014
Chamber sittings
Committee report presented without amendment - Dec 4, 2014

The Senate's Banking, Trade and Commerce Committee reported Bill C-8 without amendment, scheduling it for third reading.

Step 4
Third reading
Dec 9, 2014
Completed

The Senate completed the third reading of Bill C-8, which amended the Copyright Act and Trade-marks Act, after a motion declared prior proceedings void, leading to its royal assent.

Third reading, Dec 9, 2014
End of stage activity, Dec 9, 2014
Chamber sittings
Debate at third reading - Dec 8, 2014

On December 8, 2014, the Senate held a sitting that included third reading debate on Bill C-8 concerning counterfeit goods, a motion to prevent the repeal of unproclaimed legislation, and debates on other bills and committee studies.

Third reading - Dec 9, 2014

On December 9, 2014, the Senate debated and passed Bill C-8 at its third reading, and later that day, Bill C-8 received Royal Assent.

On December 9, 2014, the Senate concluded the third reading of Bill C-8, leading to its eventual Royal Assent.

Step 1
First reading
Oct 28, 2013
Completed

Bill C-8, an act to amend the Copyright Act and the Trade-marks Act, completed first reading in the House of Commons on October 28, 2013, went through further legislative stages in both the House and Senate, and received Royal Assent on December 9, 2014.

Introduction and first reading, Oct 28, 2013
End of stage activity, Oct 28, 2013
Chamber sittings
Introduction and first reading - Oct 28, 2013

On October 28, 2013, the House of Commons held a sitting that included the introduction and initial debate on Bill C-8, alongside discussions on other government business and statements by members.

Step 2
Second reading
Oct 28, 2013
Completed

This artifact details the House of Commons' second reading of Bill C-8 on October 28, 2013, which was agreed to and sent to committee, and outlines the bill's subsequent legislative journey to Royal Assent.

Second reading and referral to committee, Oct 28, 2013
End of stage activity, Oct 28, 2013
Chamber sittings
Debate at second reading - Oct 28, 2013

On October 28, 2013, the House of Commons debated Bill C-4 (Economic Action Plan 2013 Act No. 2), and introduced Bill C-8 (Combating Counterfeit Products Act), alongside discussions on numerous other topics.

Step 3
Consideration in committee
Dec 5, 2013
Completed

Bill C-8 completed its committee consideration stage in the House of Commons.

Committee report presented, Dec 5, 2013
End of stage activity, Dec 5, 2013
Chamber sittings
Committee report presented - Dec 5, 2013

The House of Commons session on December 5, 2013, included the presentation of a committee report on Bill C-8 and extensive debate on Bill C-15, the Northwest Territories Devolution Act, where members discussed devolution principles and specific concerns about resource management and governance structures, alongside other matters.

Step 4
Report stage
Jan 31, 2014
Completed

The House of Commons Report stage for Bill C-8 was completed on January 31, 2014, and the bill eventually received Royal Assent on December 9, 2014, though a procedural motion in the Senate later declared all prior proceedings on the bill null and void.

Concurrence at report stage, Jan 31, 2014
End of stage activity, Jan 31, 2014
Chamber sittings
Concurrence at report stage - Jan 31, 2014

The House of Commons debated and passed Bill C-8, the Combating Counterfeit Products Act, at the report and third reading stages, with discussions focusing on the bill's measures to combat counterfeit goods and concerns about resource allocation for enforcement.

Step 5
Third reading
Oct 2, 2014
Completed

The House of Commons completed third reading of Bill C-8, which later received Royal Assent.

Third reading, Oct 2, 2014
End of stage activity, Oct 2, 2014
Chamber sittings
Debate at third reading - Jan 31, 2014

During the third reading debate of Bill C-8 in the House of Commons, Members of Parliament discussed the bill's measures to combat counterfeit products, with concerns raised about enforcement resources and data collection, while the government affirmed its commitment to equipping agencies.

Debate at third reading - Jun 19, 2014

On June 19, 2014, the House of Commons debated the Rouge National Urban Park Act, the Prohibiting Cluster Munitions Act, and the Combating Counterfeit Products Act, alongside other parliamentary business and oral question periods, culminating in Royal Assent for multiple bills.

Debate at third reading - Sep 19, 2014

On September 19, 2014, Members of Parliament debated Bill C-8 at its third reading in the House of Commons, discussing its provisions against counterfeit goods and expressing concerns about enforcement and government resource allocation.

Debate at third reading - Oct 2, 2014

During a House of Commons debate on Bill C-8, the Combating Counterfeit Products Act, MPs discussed the bill's proposed changes to copyright and trade-mark law, debated amendments, and raised concerns about enforcement resources.

Step 1
Royal assent
Dec 9, 2014
Royal assent, Dec 9, 2014
End of stage activity, Dec 9, 2014
Chamber sittings
Royal assent - Dec 9, 2014

We don't have a plain-language summary for Royal assent yet. The official source linked below is the full record.

We don't have a plain-language summary for Debates of the Senate yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
James Moore
Sponsor party or district not listed
Jurisdiction
Federal Parliament

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced