The ratification of the Canada – US- Mexico Trade Agreement has captured considerable attention with several committees studying Bill C-4, the bill aimed at ratifying the deal. Over the past month, I’ve had the opportunity to appear before two of those committees – the House of Commons Standing Committee on International Trade and on Industry, Science and Technology – where I discussed the digital law and policy implications the agreement. This week’s podcast features excerpts from those appearances, including my opening statement and the ensuing discussion with several MPs on copyright term extension, cultural policy, and privacy.
Post Tagged with: "cultural exemption"
The LawBytes Podcast, Episode 42: What Does the Canada-US-Mexico Trade Agreement Mean for Digital Policy?
The CUSMA Culture Poison Pill: Why the Broadcast Panel Report Could Lead to Millions in Tariff Retaliation
As Parliament continues its review of legislation designed to implement the Canada-U.S.-Mexico Trade Agreement (CUSMA), I have had the honour to appear before both the International Trade and Industry, Science and Technology committees to discuss the digital implications of the trade agreement. While Members of Parliament have expressed concern with copyright term extension that could cost millions of dollars and restrictions on future privacy safeguards, the issue that has sparked the greatest surprise arises from a provision frequently promoted as a “win” during the negotiations.
My Globe and Mail op-ed notes that the inclusion of a cultural exemption was viewed as an important policy objective for the government, with Prime Minister Justin Trudeau insisting “defending that cultural exemption is something fundamental to Canadians.” The USMCA does, indeed, feature a broad cultural exemption that covers a wide range of sectors. The exemption means that commitments such as equal treatment for U.S., Mexican and Canadian companies may be limited within the cultural sector.
The BTLR and USMCA, Part Two: Why the Broadcast Panel Recommendations Could Cost Canadians Millions in Retaliatory Tariffs
My review of the Broadcast and Telecommunications Legislative Review Panel report (previous posts include an overview of concerns, news regulation, Guilbeault’s comments, net neutrality, discoverability claims, consumer costs, potential USMCA violations, and a podcast debate with panel chair Janet Yale) continues with an analysis of why the recommendations could cost Canadians millions of dollars in retaliatory tariffs. In fact, while the panel seemingly envisions free money with payments from thousands of Internet sites and services from around the world to pay for Canadian content, broadband funds, and news organizations, the reality is that the proposals could result in the U.S. being entitled to levy massive tariffs against Canadian products ranging from dairy products to steel. In other words, the real costs would ultimately shift to farmers, manufacturing workers, and many others with no connection to the cultural sector.