First, the Internet service provider “notice-and-notice” rules will not take effect. The implementation has been apparently been the subject of fierce behind-the-scenes lobbying over issues such as the fees for processing notices and the retention of subscriber information. The public has not been included in these discussions and more open policy process is needed in developing the notice-and-notice regulations.
Second, several sections related to the WIPO Internet Treaties will also be delayed until those treaties come into force for Canada. There are lingering questions over whether Canadian law is fully compliant with the WIPO Internet treaties, particularly with respect to the private copying levy. Moreover, Canadian policy now requires the government to provide the House of Commons with at least 21-sitting days for review of a treaty before taking legal steps to bring it into force. The tabling of the treaty must include an explanatory memorandum. This suggests that these provisions may be delayed and that the House of Commons may have some further debate on the WIPO Internet treaties – perhaps including why the government went far beyond treaty requirements – whenever the government does pursue bringing the treaties into force.