According to the Canadian government, the
Copyright Modernization Act supports its efforts to
“modernize Canada’s copyright laws for the modern digital
age”. The Canadian government claims that the Notice
and Notice regime is a “made-in-Canada solution” and
that it formalizes a voluntary system that some copyright
owners and Internet service providers (ISPs) have already
been participating in for many years. Under the Notice
and Notice regime, upon receiving a notice of alleged
copyright infringement from a copyright owner (Notice),
Internet intermediaries, such as ISPs and website hosts,
will be legally required to notify (and Notice) the alleged
infringer of the copyright owner’s complaint. This regime
differs from other jurisdictions, such as the U.S., which has
a Notice and Take Down regime, i.e., the ISP once notified
of an alleged copyright infringement by a copyright owner
must takedown (expeditiously remove or disable access)
the alleged infringing online material.
Sections 41.25, 41.26 and 41.27(3) of the Copyright
Modernization Act which are not currently in force (see
below), set out the process to be followed under the
“Notice-and-Notice” regime. In general,