Monday, March 19, 2018

Developing a Workplace Safety and Health Program

Work Safe Bulletin: No. 220, December 2002: Developing a Workplace Safety and Health Program

Monday, March 12, 2018

Manitoba employment standards: an introduction


Employment standards code
  • Outlines laws on minimum wage – hours of work, holidays and other workplace benefits 
  • Laws are administered by a neutral party, the Employment Standards Branch of the Department of Labour 
  • The Branch also investigates complaints of violation 

Who is not covered?
  • Self-employed people 
  • Parts of the code do not apply to certain categories of workers including: 
    • Agricultural workers, Sitters, Professionals, Part-time domestic workers, Crown employees, Family members in a family business, Temporary election workers 
  • Industries under federal jurisdiction 

Employee pay 
  • As of October 1, 2017, the minimum wage is $11.15 
  • Equal pay for men and women doing substantially the same work in the same establishment 
  • Employee must be paid at least twice a month and within 10 working days after the end of each pay period 
  • Employee must be paid within 10 working days of termination
  • Deductions can be only those authorized by law or specifically consented to by the employee 
    • Unions negotiate deductions 
    • CPP contributions mandatory 

  • Standard work hours o 8 hours per day 
    • 40 hours per week
      • Unless exemptions are made through collective agreement 
  • If employee works more hours than this 
    • Overtime pay must be paid at a rate of 1.5 regular pay or 
    • Paid time off given at 1.5 times number of hours (time off must be taken within 3 months of overtime unless agreement in writing to extend beyond 3 months) 

Minimum age of employment 
  • If child under 16, permit must be obtained 
    • Signed by parent or guardian and employer
    • If during school year, also signed by principal 
    • Babysitters not covered 

  • All employees covered by code, entitled to annual vacations with pay 
  • For each year worked for same employer, 2-week paid vacation 
  • After 5 years, 3 weeks 
  • For two weeks, allowance is 4% of gross wages (excluding overtime) 
  • For three weeks, allowance is 6% of gross wages (excluding overtime) 
  • Employer must pay the vacation allowance by last working day before vacation begins
    • Other arrangements can be made as long as the employee agrees to them 
  • If employee terminated before vacation, accrued allowance must be paid 
  • If no agreement can be made on annual vacation dates, employer must give 15 day notice of the date that employee’s vacation will begin 
  • Employee must take vacation at that time
  • Employer cannot ask employee to take less than one week of vacation at one time 

General holidays 
  • New Year’s Day
  • Louis Riel Day (3rd Monday in February)
  • Good Friday 
  • Victoria Day 
  • Canada Day 
  • Labour Day 
  • Thanksgiving Day 
  • Christmas Day 

Maternity leave 
  • 17 weeks unpaid leave, if worked for same employer for 7 months 
  • May begin any time during the 17 weeks before expected delivery date and end no later than 17 weeks after delivery date 
  • After that, parental leave is available for up to 37 weeks
  • Mothers must have employer agree to an arrangement where she takes parental leave at any time other than right after maternity leave 
  • Father can take parental leave any time with 52 weeks of the child’s birth or adoption
  • Written notice is required at least 4 weeks before the beginning of parental leave
  • Employees may end his or her maternity/parental leaves early by giving 2 weeks or 1 pay period notice before the day she/he wishes to return
  • Must be reinstated to former position or a similar position at same or higher wage
  • Paid maternity/parental leave is federal jurisdiction 

  • At least 30 minutes unpaid meal break for every 5 hours worked 
  • 1 day off/week (some exceptions, e.g. home care) 
  • Employees must be paid a minimum of 3 hours of pay if called in on non-working day (for those who normally work more than a 3 hour day) 
  • If required to begin or end work between midnight and 6 a.m., employer must cover cost of adequate transportation to work or place of residence

  • Coffee breaks 
  • Sick days
  • Compassionate bereavement leave
  • August Civic Holiday 
  • Easter Sunday 
  • Boxing Day

  • Notice usually at least 1 pay period in advance except when:
    • Occurs within first 30 days of employment
    • If different notice practice established 
    • If employment for a specific length of time or task 
    • Violence or other inappropriate behaviour

  • Employers cannot threaten to or actually suspend, terminate or restrict employees or layoff or discriminate for the following reasons 
    • Garnishment proceedings against employee
    • Filing a complaint under the code 
    • Giving evidence or information under the code 
    • Statements of disclosure under the code 
    • Refusing to work on a Sunday

Monday, March 5, 2018

Privacy law in Manitoba

FIPPA – Freedom of Information and Protection of Privacy Act 

PHIA – Personal Health Information Act 

Why – Privacy law 

  • 1980 – OECD Fair Information Practices 
  • European Union – 1990s – principles enshrined
  • Canadian Standards Association – model code for the protection of personal information – 10 principles 

FIPPA “Public Bodies” covered 

  • Provincial Government Departments and Government Agencies
  • Local Government Bodies 
    • Municipalities 
    • Northern Affairs Councils
    • Conservation and Planning Districts
  • Health Care Bodies
    • Regional Health Authorities 
    • Hospitals 
  • Educational Bodies 
    • School Divisions/School Districts
    • Universities 
    • Colleges

PHIA “Trustees” covered

  • Public bodies under FIPPA
  • Licensed, registered or designated Health Professionals 
  • Health care facilities 
    • Hospitals, Personal care homes 
  • Health services agencies 
    • VON, We Care, Lab/X-Ray Clinics, Cancer Care, Community clinics 


  • FIPPA 
    • Record 
      • Electronic, handwritten, photo, fax, e-mail
    • Personal Information 
      • Recorded about an identified individual – name, address, belief, numbers assigned 
    • Limits
      • Court system, exam question, behalf act 
    • Exercising the rights of another person 
      • Parents, guardian, child can act under minor requires privacy, based upon their maturity 
  • PHIA 
    • Personal Health Information
      • Records identification number 
    • Health Care
      • Provision 
    • Exercising the rights of another person 
      • Require rights, judgement, be compatible on someone else’s behalf

  • Rights under FIPPA
    • Prescribed form, time frame and fees 
    • Section 17 and Section 30 
    • Correction 
  • Rights under PHIA 
    • Requesting one’s own personal health information
    • Section 11 
    • Correction 
FIPPA Board applies to all information. Within 30 days, they can give you access to anything any public body has on you. 

  • Provides for privacy and confidentiality by imposing some restrictions on the: 
    • Collection
    • Use
    • Disclosure 
    • Retention, and 
    • Destruction 
  • Of personal/personal health information 

Privacy limitations 
  • Less is Best – Public Bodies/Trustees/Organizations should only collect, use and disclose the minimum amount of information for an identified purpose
  • Employee access should be limited to and based on the need to know principle 

10 privacy principles
  • Accountability
  • Identifying purposes
  • Consent
  • Limiting collection
  • Limiting use, disclosure, and retention
  • Accuracy
  • Safeguards
  • Openness 
  • Individual access
  • Challenging compliance 

  • Responsible for the information under the organization’s control 
    • FIPPA – Access and Privacy Officer; Access and Privacy Coordinator 
    • PHIA – Privacy Officer 
  • Responsibility assigned, know legislation, rights responsibility
  • Any information in the profession, custody or control of the organization 
    • Inside or outside of organization 
  • If in custody of a 3rd party, ensure confidentiality by contract 
    • Clauses bounded rules 
  • Policies, procedures to protect, an internal review process, training

Identifying purposes
  • Notice – FIPPA/PHIA 
    • Orally or in writing
  • Why was the personal information collected?
  • Explanation 
    • Re use or disclosure 
    • How will this information be shared? 

  • Required for collection, use and disclosure
    • Exceptions – FIPPA/PHIA 
  • At time of collection 
  • Informed consent 
    • Explicitly specified and legitimate purposes 
    • Time limited 
    • Ability to withdraw 
  • Forms of consent
    • Written/oral 
    • Check-off box
    • Implicit/Explicit 
      • Don’t want information
      • Need consent 

Limiting collection 
  • To the necessary information for purpose identified
  • By fair and lawful means
  • Collection with consent

Authorized collection without consent 
FIPPA – Section 37 
  • While determining eligibility
  • Time and circumstances
  • Harm 
  • Inaccurate information
  • Law enforcement 
  • HR activities 
  • Parole/Probation
  • Enforcing maintenance orders
  • Auditing, evaluating programs
  • Informing Public Trustee/Vulnerable Persons Commissioner 

PHIA – Section 14(2)
  • Endanger the mental or physical health or safety of individual or another person 
  • Time and circumstances 
  • Inaccurate information
  • Court order or another Manitoba or Federal Act 

Limiting use, disclosure, and retention 
  • Sharing within an organization 
  • For the purpose it was collected 
  • Other authorized purposes – FIPPA/PHIA 

Authorized use without consen
FIPPA – Section 43 
  • For the purpose identified at collection 
    • Consistent purpose – Section 45 
  • For the reason it was disclosed to the program 

PHIA – Section 21
  • For the purpose directly related to what was identified at collection 
  • To prevent or lessen a serious or immediate threat 
  • Authorized by a Manitoba or Federal Act 

  • Sharing outside the organization’s boundaries 
  • With consent or with authorization

Authorized disclosure without consent 
FIPPA – Section 44 
  • For the purpose identified at collection 
  • Complying with acts/treaties/arrangements/agreements 
  • Authorized/required by federal/provincial Act 
  • Determining/verifying eligibility 
  • Protecting mental/physical health or safety 
  • Law enforcement 
  • Subpoena/Court order/Warrant 
  • Determining/collecting fine, debt, tax or payment owing 
  • Existing or anticipated legal proceedings 
  • If already public 

PHIA – Section 22
  • To a person who is providing or has provided health care 
  • To any person if disclosure is necessary to prevent/lessen a serious and immediate threat to 
  • Contacting a relative/friend of an injured/incapacitated or ill individual 
  • Authorized/required by federal/provincial act 
  • Complying with arrangement/agreement under provincial/federal law 

  • Archives and Record Keeping Act 
  • Records Authority Schedules 
  • Records Management 

  • Do not destroy before retention period
  • In a manner that preservers the confidentiality 
  • PHIA – record of destruction 

  • Accurate, complete, up-to-date 
  • Request for correction – FIPPA/PHIA 
    • Timeframes 
    • Recourse 

  • Appropriate to the sensitivity of information 
  • Higher the sensitivity – higher the security
  • FIPPA – reasonable protection for personal information
  • PHIA 
    • Physical safeguards
      • E.g. locked filing cabinets/rooms 
    • Technical safeguards 
      • E.g. passwords, secure networks, encryption
    • Administrative safeguards
      • E.g. policies, orientation/training, pledge 

Examples of insufficient security 
  • Lack of policies outline appropriate use and access by staff
  • Paper records stored in an area accessible by the public 
  • Improperly stored passwords 
  • Emailing personal health information over an unprotected network (i.e. Internet) without encryption
  • Providing personal health information over the phone without verifying the identity of the individual

  • Name, title, address of Privacy Officer/Access and Privacy Coordinator 
  • Means of gaining access to personal information 
  • Description of the personal information held by the organization 
  • Access and Privacy Directory 
  • How personal information is shared with other organizations 
  • How is the information made available

Individual access 
Individuals must be informed of the existence, use and disclosure 
  • Access 
    • FIPPA application form 
    • PHIA orally or in writing 
  • Timeframe of a request 
      • 30 days 
    • Extension – FIPPA 
  • Fees 
    • No cost recovery 
  • Exceptions to access – reasons for refusal 
    • FIPPA 
      • Sections 17, 24, and 30
        • Another 3rd party’s privacy 
        • Harm to individual or public safety
        • Confidential evaluations 
    • PHIA
      • Section 11
        • 3rd party’s personal information
        • Identity of someone who provided information in confidence
        • Harm to individual or to public safety

Challenging compliance
    • Provincial Ombudsman 
  • Court of Queen’s Bench 
    • Only Access complaints The Provincial Ombudsman receives complaints and initiate investigations regarding said complaints. 
Privacy pyramid
The more sensitive the information, the higher the level of legislative protection 

Adoption Act: sensitivity, Manitoba 
Youth Justice Criminal Act: clear override, sensitive information, conviction principal only
Child & Family Services Act: absolute protection
Mental Health Act: Limited, Record created whilst in 
PHIA: January 2004, private sector only 
PIPEDA: Privacy policies 
FIPPA: personal information

Monday, February 26, 2018

Parents and Internet Access

Winnipeg Public Library 

Parents and Internet Access 
Winnipeg Public Library has purchased an Internet booking system to manage the thousands of Internet bookings it handles each month. This system will allow library users to use their Winnipeg Public Library card to book Internet time in advance. 

Parents of children and young adults 17 years and under can decide the type of Internet access they would like their children to have at Winnipeg Public Library. Parents must sign their children’s or young adult’s library card application. Parents can choose the options of No Internet Access or Filtered Internet Access Only on the library card application. If one of these options is not chosen the child or young adult will have Unfiltered Internet Access. If your child or young adult already has a library card you must contact your local library to let us know which of the options you want for your child. 

What type of Internet access does Winnipeg Public Library provide? 
All Children’s Services Internet Workstations use filtering software. Some Adult Services Internet workstations also are filtered, but most provide unfiltered access. 

What is a filter?
A filter is software which controls or limits access to Internet content. Winnipeg Public Library has chosen a filter which blocks chat on all workstations. The library also blocks access on children’s workstations in subject categories such as hate literature, extreme violence, and explicit sexual content. 

For more information look at the N2H2 Filtering Policy at the bottom of the screen on a filtered workstation.

A filter is not perfect. There is a 10-15% chance that the filter might not block material it was set up to filter. 

If I am on a Filtered Workstation what do I do if I have a concern about a site? 
You can email N2H2 and ask for a review of the site. WPL staff are not involved in this review. Just click on the Request Review on the Filtering Philosophy page.

Where can I look on the Internet for good sites for our family? 
The Winnipeg Public Library’s web site at is a good place to start. In the sections for Kids and Teens there are lots of selected sites. The For Parents and Caregivers site has links for further information regarding Internet safety.

Monday, February 19, 2018

Internet filtering at Winnipeg Public Library –dated November 2000

What is a filter?
A filter is software which controls or limits access to Internet content. Winnipeg Public Library has chosen a filter which blocks chat on all workstations. The Library also blocks access on children’s workstations in subject categories such as hate literature, extreme violence, and explicit sexual content. A filter is not perfect. There is a 5 to 10% chance that the filter might not block material it was set up to filter. 

What type of Internet access does Winnipeg Public Library provide?
All Children’s Internet workstations use filtering software. Some Adult Services Internet workstations also are filtered (but most provide unfiltered Internet access). Children can also use unfiltered Adult Internet workstations. Parents should discuss appropriate Internet use with their children. It is the responsibility of parents to let their children know which workstations they should use at the Library. 

For more information on filters, look at the N2H2 Resource Bar at the bottom of the screen of any filtered workstation.

If I am on a Filtered Workstation what do I do if I have a concern about a site?
You can email N2H2 and ask for a review of the site. (Library staff are not involved in this review.) Just clock on the “Request Review” on the N2H2 Resource Bar at the bottom of the screen and complete the information boxes. 

Where can I look on the Internet for good sites for our family? 
The Winnipeg Public Library’s Web site at is a good place to start. In the Kids and Teens sections there are lots of selected sites. In the Parents section there are sites dedicated to the whole family.

Monday, February 12, 2018

Monday, February 5, 2018

Copyright fundamentals (and Trench warfare)

Copyright basics
  • By definition, it is the right to copy a creation
  • Must be fixed and it must be original 
  • Exists in every original literary, dramatic, musical and artist work, including print and electronic books, articles, illustrations, photos, songs, computer software, CD-ROMs, videos, digital images
  • Cannot copyright ideas, information, facts, history or news events 
  • Can copyright the expression of ideas, facts, etc. 
  • Copyright generally lasts 50 years after the death of the author and then it falls into the public domain
  • Regardless of origin, copyrighted material used in Canada is covered by Canadian Copyright Law
  • Collectives have been created so that users can acquire, for a fee, further rights
  • Creators’ rights include economics and moral
  • Users’ rights are very limited 

Rights of creators under the Canadian Copyright Act 
  • To reproduce a work 
  • To publish a work 
  • To perform a work in public
  • To publish a translation of the work 
  • To communicate a work publicly via telecommunications 
  • To adapt a work 
  • To rent a computer program and sound recording
  • To authorize other to do such acts 

Rights of users under the Canadian Copyright Act
  • Insubstantial use 
  • Fair dealing
  • Exceptions 
General exceptions
1) Insubstantial use (existed since passage of the 1924 Act) 
  • If a creator controls a substantial part of his/her work, then a user has the right of insubstantial use Problem is that there is no definition of “insubstantial use,” but again international case law suggests 1-2% 
2) Research of private study, criticism or review, reporting or news summary (in force September 1, 1997) 
  • Fair dealing for the purpose of research and private study, provided basic bibliographic information is provided 
  • Fair dealing for the purpose of criticism or review, reporting or news summary, provided the source is provided
    • Problem is that fair dealing is not defined in the Copyright Act; nor does it refer specifically to teaching 
    • Problem is that there are few reasonable examples of case law; however, based on international case law, “fair” seems to mean approximately 2% 
    • Don’t confuse “fair dealing” with the American “fair use,” the latter being far more liberal 

Your use of overheads, opaque projections, black boards, white boards 
A) Copyright exception
  1. Reproduction for instruction
    • Manual reproduction (e.g. handwritten) onto white board, black board, flip charts and overheads
    • Make a copy of an image to project using an overhead projector or other device (e.g. opaque projector, projection unit)
Computer programs 
Permitted acts. 30.6 It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is authorized by the owner of the copyright to 

(a) make a single reproduction of the copy by adapting, modifying or converting the computer program or translating it into another computer language if the person proves that the reproduced copy is

(i) essential for the compatibility of the computer program with a particular computer
(ii) solely for the person’s own use
(iii) destroyed immediately after the person ceases to be the owner of the copy, or;
(b) make a single reproduction for backup purposes of the copy or of a reproduced copy referred to in paragraph (a) if the person proves that the reproduction for backup purposes is destroyed immediately when the person ceases to be the owner of the copy of the computer program.

1997, c. 24, s. 18 

Exceptions for off-air taping and performance of television and radio programs
Copying off-air of news and news commentary programs

  • Copy at the time of communication to the public via telecommunications a news or news commentary program, not a documentary or feature film, for a period of one year after which you must either erase the program or purchase 
  • Must complete a record keeping form created by the Canadian Copyright Board
  • A new collective – the ERCC – has been created to collect your money
  • If you continue to have the program beyond one year, then you must pay an approved tariff 
Copying for the purposes of evaluating 
  • Copy at the time of communication to the public via telecommunications any program (excluding news and news commentary programs) and evaluate for a period of up to 30 days, before destroying or purchasing (i.e. you cannot show these programs in a classroom) 
  • Must complete a record keeping form 
  • If you continue to have the program beyond 30 days, then you must pay an approved tariff 
Guidelines for Distinguishing Between News Programs, News Commentary Programs, and Documentaries
No royalty is payable for taping a single copy of a news program or news commentary program provided that that copy is destroyed within one year after the making of such copy. This royalty exception does not apply to “other” programs, such as documentaries and feature films. 

To determine whether a royalty is payable, educators may refer to the following guidelines, which are intended to assist in distinguishing between the three categories of program. The initial guidelines were developed in cooperation with the ERCC and representatives of elementary, secondary, and postsecondary educational institutions. This list has been updated by Manitoba Education, Citizenship, and Youth to reflect the current situation.

  1. A news program is a program reporting on local, regional, national, and international events as they happen, and includes weather reports, sportscasts, community news, and other related features or segments contained within the news program. Examples are The National (the first half-hour only), Ontario Ce Soir, BBC World Report, Le Téléjournal.
  2. A news commentary program is a program containing discussions, explanations, analysis, observations or interpretations of the news and having a preponderance of the following elements: “talking head(s)”; minimal editing; minimal “shelf life” in its original form; and, if in interview or panel discussion format, unscripted responses. Examples are As It Happens, Studio 2, The Editors, Larry King Live, Le Point.
  3. Other programs are programs that are not news or news commentary programming. Feature films and documentaries are examples of other programs. A documentary is a socially relevant program with a creative vision and/or viewpoint and with a preponderance of the following elements: significant research and preparation; pre-scripting; significant editing; and significant “shelf life.” Examples are: Life & Times, Venture, Marketplace, The Nature of Things, Rex Murphy, Les affaires et la vie, D’un soleil a l’autre.

Moral rights under the Canadian Copyright Act
Special rights designed to protect the author’s personality or reputation 

  • Three types: 
  • Moral rights, unlike economic rights, cannot be assigned 
  • Moral rights can be waived
  • Nothing in the act to prevent licensing or moral rights 
Some copyright collectives in Canada 
  • Access Copyright (formerly Cancopy)
  • Audio Cine Films 
  • Canadian Musical Reproduction Rights Agency Limited (CMRRA) 
  • Canadian Private Copying Collective (CPCC) 
  • Society of Composers, Authors, and Music Producers of Canada (SOCAN) 
  • Société québécoise de gestion collective des droits de reproduction (COPIBEC) 
  • Visual Education Canada 
Pan Canadian Schools/CanCopy Licence Agreement 1999-2004
As Extended August 26, 2004 
(Until the Copyright Board rules on the tariff in 2006) 
Authorized purposes
(c) “Authorized purposes” means copying for any not-for-profit purpose within or in support of the mandate of the educational institution in Canada, including:

(i) Educational (including testing and examination activities), professional, research, archival, administrative and recreational activities; 
(ii) Communication with and providing information to parents, school advisory/parent council and other members of the community; 
(iii) Copying related to the production of teacher implementation documents, correspondence school and distance learning courses, curriculum documents, workshop packages, provincial examinations and all other similar copying activity, and 
(iv) Making a reasonable number of copies for reference in or a loan by libraries; 
Permitted copying
  5.1 Permitted Copying: This Agreement Authorizes Copying of either ten percent (10%) of a Published Work, or any of the following parts of a Published Work, whichever is greater: 
(a) an entire single short story, play, essay, article or poem from a book or periodical issue (including a set of conference proceedings) containing other works; 
(b) an entire newspaper article or page; 
(c) an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference work; 
(d) an entire reproduction of an artistic work (including drawings, paintings, prints, photographs and works of a sculpture, architecture or artistic craftsmanship) from a book or periodical issue containing other works; and 
(e) an entire chapter which is twenty percent (20%) or less of a book. 
Multiple copies 
5.13 Multiple copies: Except where otherwise stated, this Licence authorizes the making of: 
(a) the number of copies which is sufficient to permit each student to have one Copy only for his or her personal study and each teacher to have two Copies; 
(b) the number of copies required for administrative purposes, including communication of information to parents and to the community; and 
(c) a reasonable number of Copies for reference in or loan by Libraries.
Proper citation 
5.11 Notice on Copies: The Licensees shall notify their respective employees and agents that, in accordance with good bibliographic practice, Copies of Published Works shall include, on at least one page, a credit to the author, artist or illustrator, and to the source. 
e.g. John Tooth Looking for Manitoba Government Publications, per the Pan Canadian Copyright Agreement 
e.g. John Tooth “Victory for Users,” Macleans, per the Pan Canadian Copyright Agreement 
Society of Composers, Authors, and Music Publishers of Canada (SOCAN)
  • Music used in classrooms covered by an exception in the Canadian Copyright Act 
  • Music used for “extracurricular” activities is not covered by the Act 
  • SOCAN Letters to school divisions 
    • Music at lunch, recess, at games, at dances
    • License .25/student/year 
Educational Rights Collective of Canada (ERCC)
  • Collective designed to collect revenue from educational institutions for off air taping of TV and radio programs 
  • Debate on the reporting of Cable in the Classroom programs continues (law states you do; CITC states you don’t) 
  • Reporting form can be sent electronically to the ERCC 
  • Viability of the ERCC is still in doubt 
  • Reporting dates: January 31, May 31, September 30 
  • Public Broadcasting in the US 

ERCC – Tariff 

Video and radio programs
  • Home use versus public performances 
  • Hard copy versus duplication rights
  • Canadian Copyright Act exceptions: 
    • Taping of “news and news commentary” programs (one year’s free use in the classroom)
    • Taping of “other” programs (30 day evaluation only) 
  • Cable in the Classroom
    • Copyright cleared programs
  • Prairie Public Television 
  • IRU Catalogue 
    • video programs ($15.00/60 minute tape) 

Where we are in the copyright world generally : (Schools Agreement) 
  • Pan Canadian Schools/Cancopy Copyright License Agreement, 1999-2004
    • The 1999-2004 Agreement was extended on August 26, 2004
    • Agreement was to continue under the same terms and conditions until sometime in 2006 when the Copyright Board will rule on Access Copyright’s proposed tariff of $12.00/per full time student for the period 2005-2009 and on  retroactivity  to August 31, 2004 
    • CMEC Copyright Consortium has hired lawyers to represent Canadian public schools as “objectors” to the proposed tariff and to  retroactivity 
    • There was to be a scheduled joint CMEC/Access survey across Canada of photocopying in schools likely in the 2005 calendar year 
    • The survey was likely to involve some 110 schools in Manitoba and 6 school boards 
    • The survey was to be 10 consecutive school days and Access Copyright photocopier observers was to be present 
    • New Exclusions List for 2004/05, which had been distributed to schools and school board offices 
    • New version of the booklet “Copyright Matters!” 2005: a physical copy was to be sent to each teacher in Manitoba during February 2005 and it was also available electronically on the IRU Copyright web site 

Where are we in the Copyright World (Legal cases) 
  • CCH v. The Law Society of Upper Canada (legal publishers case)
    • The making and transmittal of copies of judicial copyrighted material by library users and library staff was within the intent of fair dealing
    • Balanced approach to copyright by the Supreme Court of Canada
  • Online Music Case (Tariff 22 decision) 
    • Downloading of music for private use and sharing via computer did not constitute copyright infringement
    • Balanced approach to copyright by the Supreme Court of Canada 
  • Privacy Interests 
    • Federal court rules that music recording industry had not presented a sufficient case to warrant invasion of privacy interests of individual Canadians (e.g. to force Internet providers to reveal the music downloading habits of some 29 million Canadians)
  • Canadian Heritage “Interim Report on Copyright Reform: Report of the Standing Committee on Canadian Heritage” (May 2004)
    • Heritage Committee was going to recommend to Cabinet that there be an amendment to the Copyright Act permitting the collective licencing of Internet materials used for educational purposes (e.g. you will have to pay to use the Internet for educational purposes, or try off the Internet) 
    • On February 16th, at a meeting between CMEC Copyright Committee and the Minister of Canadian Heritage, The Honourable Liza Frulla indicated that the copyright legislation to be addressed in June 2005 will not include the educational use of the Internet 
    • o Philosophy is: collectives first; exemptions unnecessary 
    • o Internet address: 
CMEC Position 
Educational Use of the Internet 
Amend the Copyright Act such that an educational institution or a person acting under its authority, including a student, may do the acts listed below in relation to all or part of a work or other subject-matter that has been made publicly available on a communication network, provided the act is done in a place where a student is participating in a program of learning under the authority of an educational institution, is done for educational or training purposes, and it not for profit, and provided that the source is mentioned giving the names of the authors, performer, maker, or broadcaster if provided in the source:
(a) use a computer for reproduction, including making multiple reproductions for use in the course for instruction;

(b) perform in public before an audience consisting of primarily students of the educational institution, instructors acting under the authority of the educational institution, or any person who is directly responsible for setting curriculum for the educational institution; and

(c) communicate to the public by telecommunication to or from a place where a person is participating in a program of learning under the authority of an educational institution. 
Directions for a more user-friendly Copyright Act
1. Position of the CMEC, CTF, CSBA:
  • Since the majority of the material on the Internet is created by authors who are not interested in asserting their copyright and have no expectation of profit, these materials are therefore “publicly available,” that is, they are intended to be used without cost 
  • CMEC proposes to the federal government that there be an expansion of the “fair dealing” exemption to cover the use of “publicly available” material copied from the Internet for educational purposes; this would be followed by a licensing scheme for non-publicly available material 
  • This amendment to the Copyright Act is known as the “Educational Use of Internet”
  • Philosophy is: Exemptions first, Collectives second 
  • Thus, the “fair dealing” defense would also include education and teaching purposes, in addition to research or private study, review or news reporting 
  • The exception would permit students and teachers in day-to-day instruction to copy, perform and exchange copyrighted materials made publicly available on the Internet 
2. Why does education need an exemption? 
  • Obtaining copyright clearance for day-to-day instruction is not possible or practical 
  • Blanket licensing through a collective of “publicly available” material on the Internet is not likely
  • Students and teachers need to be able to use legally (without infringing copyright) the material they find on the Internet if they are to develop the skills needed to participate in a global knowledge economy
  • Students required to acknowledge source 
    • Respect for intellectual property
  • Students and teachers often break copyright law when they use the Internet
  • Copying an image for a school project is an infringement of copyright
  • Copying text to study later is an infringement of copyright
  • Forwarding an email to a student or teacher is an infringement of copyright 

For further information on Copyright in Canada: 

  • Wanda Noel. (1999). Copyright Guide for Canadian Libraries. Ottawa: Canadian Library Association, $44.95, ISBN: 0-88802-294-8. 
  • John Tooth. “CLA Copyright Information Web Site,” Canadian Library Association,
  • Lesley Ellen Harris. (2001). Canadian Copyright Law 3rd Edition, Toronto: McGraw-Hill. ISBN: 007-560-369-1.
  • Lesley Ellen Harris. (1998). Digital Property: Currency of the 21st Century. Toronto: McGraw-Hill Ryerson. ISBN: 0-07-552864-0.
  • Council of Ministers of Education, Canada. (2012) Copyright Matters!: Some key questions and answers for Teachers. Toronto: CMEC. (Bilingual)
  • Wanda Noel. (1996). Copy right! (videocassette) and Teacher’s Guide (1996) For Grades 5-S1. Available for loan or duplication from the Instructional Resources Unit, Manitoba Education, Citizenship and Youth. For Loan #0926, Duplication VT-0362, $12.00