That Bill C-11, in Clause 47, be amended by adding after  line 15 on page 54 the following:               

“(3) The Board may, on application, make an order         

(       a) excluding from the application of section 41.1 a technological protection measure that protects a work, a performer’s performance fixed in a sound recording or a sound recording, or classes of them, or any class of such technological protection measures, having regard to the factors set out in paragraph (2)(a); or  

(       b) requiring the owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording that is protected by a technological protection measure to provide access to the work, performer’s performance fixed in a sound recording or sound recording to persons who are entitled to the benefit of any limitation on the application of paragraph 41.1(1)(a).   

(4) Any order made under subsection (3) shall remain in effect for a period of five years unless         

(       a) the Governor in Council makes regulations varying the term of the order; or  

(     b) the Board, on application, orders the renewal of the order for an additional five years.”