As we noted in
our post on July 3, the
Copyright Modernization Act had received royal assent, but
would not come into force until an Order-in-Council was
issued. This has now happened: on November 7, 2012, most
of the new provisions of, and amendments to, the Canadian Copyright Act
came into force as a result of the publication in the Canada
Gazette of
Order SI/2012-85. The Order also specified that certain
provisions, which relate to the WIPO
Copyright Treaty and WIPO
Performances and Phonograms Treaty, will come into force when
those treaties are ratified by Canada.
A notable exclusion from the Order is the
"Notice-and-Notice" regime (the future sections 41.25,
41.26 and 41.27(3) of the Copyright Act), which will only
come into force after a consultation process and the establishment
of regulations that will be needed to implement the
regime. The Canadian "Notice-and-Notice" regime,
which differs from the "Notice-and-Take-Down" rules in
the United States,
