The first subsection in the article where it lists conditions under which a sound recording may be obtained without it being an infringing act. Here it clearly states that the first requirement is that the source of the material must not be an infringing copy of the material.
Due to the fact that making a copy to distribute without license makes that copy an infringing copy of the material, this is obvious. When you download something from someone else, you make a copy of a file that they have for yourself on your computer's drive, as described here.
- 29.22 (1) It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if
- (a) the copy of the work or other subject-matter from which the reproduction is made is not an infringing copy.