HERI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 46

Tuesday, June 17, 2003

The Standing Committee on Canadian Heritage met at 9:11 a.m. this day, in Room 371, West Block, the Chair, Clifford Lincoln, presiding.

Members of the Committee present: Carole-Marie Allard, Sarmite Bulte, Liza Frulla, Clifford Lincoln, Gary Schellenberger.

Acting Members present: Jocelyne Girard-Bujold for Christiane Gagnon; Raymond Bonin for Sarmite Bulte; John Godfrey for Alex Shepherd; Mauril Bélanger for Dennis Mills; Larry Bagnell for Paul Bonwick; David Pratt for John Harvard; Guy St-Julien for John Efford.

In attendance: From the Parliementary Research Branch of the Library of Parliament: Sam Banks, research officer; Monique Hébert, research officer.  From the Legislative Services: Jean-Michel Roy, Legislative Clerk.

Witnesses: From the Department of Canadian Heritage: Jean Guérette, Executive Director, Portfolio Affairs; Patrick O'Reilly, Director, Policy, Planning and Resourcing (Portfolio Affairs); Jeff Richstone, General Counsel; Andrée Delagrave, Assistant Deputy Minister, Transformation, National Library of Canada/National Archives of Canada.

Pursuant to its Order of Reference of Tuesday, May 27, 2003, the Committee resumed consideration of Bill C-36, An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence (See Minutes of Proceedings, Thursday, May 29, 2003, Meeting No. 41).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 and the Preamble was postponed.

On Clause 2,

Carole-Marie Allard moved, -- That Bill C-36, in Clause 2, be amended by adding, in the French version, after line 24 on page 1, the following:

" administrateur général " L'administrateur général nommé au titre du paragraphe 5(1).

After debate, the question being put on the amendment, it was agreed to.

By unanimous consent, Clause 2 was stood.

Clause 3 carried.

By unanimous consent, Clauses 4 to 7 were stood.

Clause 8 carried.

By unanimous consent, Clause 9 was stood.

On Clause 10,

Carole-Marie Allard moved, -- That Bill C-36, in Clause 10, be amended by

(a) replacing lines 19 to 27 on page 5 with the following:

(b) respecting any measures that must be taken to make publications that use a medium other than paper and their contents accessible to the Librarian and Archivist;

(b) adding after line 38 on page 5 the following:

(4) For the purposes of this section, every version, edition or form of a publication shall be considered a distinct publication.

After debate, the question being put on the amendment, it was adopted.

Clause 10, as amended, carried.

By unanimous consent, the Committee reverted to Clause 2.

Jocelyne Girard-Bujold moved, -- That Bill C-36, in Clause 2, be amended by replacing lines 27 to 29 on page 1 and lines 1 and 2 on page 2 with the following:

“government institution” means an entity

(a) that is funded in whole or in part from a parliamentary appropriation;

(b) that is owned by, or whose parent is owned by, the Government of Canada;

(c) that is listed in Schedule I, I.1, II or III of the Financial Administration Act;

(d) that is directed or managed by, or whose parent is directed or managed by, a person or persons appointed under an Act of Parliament;

(e) that performs a function or provides a service under an Act of Parliament or a regulation made under an Act of Parliament; or

(f) that performs a function or provides a service in an area of activity relating to health, security, environmental protection or economic security that is essential in the public interest and over which Parliament has jurisdiction.”

After debate, the question being put on the amendment, it was negatived by a show of hands.

YEAS: 1

NAYS: 9

Jocelyne Girard-Bujold moved, -- That Bill C-36, in Clause 2, be amended by replacing line 5 on page 2 with the following:

“tion, including a record of a member of the Queen's Privy Council for Canada who holds the office of a minister and that pertains to that office. ”

After debate, the question being put on the amendment, it was negatived.

Mauril Bélanger moved, -- That Bill C-36, in Clause 2, be amended by replacing line 18 on page 2 with the following:

“ture, including a record that deals with an electoral district or with party, electoral or caucus matters, or a record that does not pertain to the portfolio or to the duties and functions of a minister.”

The Chair ruled that the amendment was inadmissible since it was beyond the scope of the Bill.

Clause 2, as amended, carried.

On Clause 4,

Mauril Bélanger moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 35 and 36 on page 2 with the following:

“the Library and Archives of Canada and being under the direction of”

After debate, the question being put on the amendment, it was negatived.

Clause 4 carried.

On Clause 5,

Mauril Bélanger moved, -- That Bill C-36, in Clause 5, be amended by adding after line 7 on page 3 the following:

“(3) The Librarian and Archivist shall report annually to Parliament, within four months after the end of the fiscal year being reported, on the activities of the Library and Archives of Canada and the administration and implementation of this Act and the regulations during that year.”

After debate, the question being put on the amendment, it was negatived.

Clause 5 carried.

On Clause 6,

Mauril Bélanger moved, -- That Bill C-36, in Clause 6, be amended by adding after line 13 on page 3 the following:

“(2) The Advisory Committee consists of the following members, who shall be recruited by open competition:

(a) two persons with training in library science, of whom one shall have expertise in conservation and the other in mergers; and

(b) three persons who are members of the public.”

After debate, the question being put on the amendment, it was negatived.

Clause 6 carried.

Clause 7 carried.

Clause 9 carried.

Clause 11 carried.

Clause 12 carried.

On Clause 13,

Mauril Bélanger moved, -- That Bill C-36, in Clause 13, be amended by replacing lines 17 to 25 on page 7 with the following:

“13. (1) At the request of the Librarian and Archivist, any government record that he or she has appraised as having historical or archival value shall be transferred to the care and control of the Librarian and Archivist under his or her direction.”

After debate, the question being put on the amendment, it was negatived.

Clause 13 carried.

Clauses 14 to 20 carried severally.

On motion of Raymond Bonin, it was agreed, -- That Clauses 21 and 22 be stood.

Clauses 23 to 25 carried severally.

On Clause 26,

Carole-Marie Allard moved, -- That Bill C-36, in Clause 26, be amended by

(a) replacing line 34 on page 11 with the following:

for the Librarian and Archivist of Canada under the Library and Archives of

(b) replacing line 38 on page 11 with the following:

sample for the purpose of preservation under subsection 8(2) of that Act;

After debate, the question being put on the amendment, it was agreed to by a show of hands.

YEAS: 6

NAYS: 2

Clause 26, as amended, carried by a show of hands.

YEAS: 6

NAYS: 2

Clause 27 carried.

Clauses 28 to 56 carried severally.

At 11:25 a.m., the sitting was suspended.

At 11:33 a.m., the sitting resumed.

The Committee reverted to Clause 21.

On Clause 21,

Carole-Marie Allard moved, -- That Bill C-36, in Clause 21, be amended by replacing lines 30 to 41 on page 9 and lines 1 to 32 on page 10 with the following:

21. Subsections 7(2) to (4) of the Copyright Act are replaced by the following:

(2) Subsection (1) applies only in respect of works that were published, performed in public or communicated to the public by telecommunication, as the case may be, before December 31, 1998.

(3) If a work was not, before December 31, 1998, published, performed in public or communicated to the public by telecommunication, but subsection (1) would have applied to it if it had been, and the relevant death referred to in subsection (1) occurred

(a) before January 1, 1930, copyright subsists in the work

(i) if it is not published, performed in public or communicated to the public by telecommunication on or before December 31, 2003, until that date, and

(ii) otherwise, until the expiration of a period of 20 years following the end of the calendar year in which it is published, performed in public or communicated to the public by telecommunication, whichever first happens;

(b) after December 31, 1929 and before December 31, 1948, copyright subsists in the work

(i) if it is not published, performed in public or communicated to the public by telecommunication on or before December 31, 2017, until that date, and

(ii) otherwise, until the expiration of a period of 20 years following the end of the calendar year in which it is published, performed in public or communicated to the public by telecommunication, whichever first happens;

(c) after December 30, 1948 and before December 31, 1998, copyright subsists in the work until December 31, 2048.

After debate, the question being put on the amendment, it was agreed to by a show of hands.

YEAS: 6

NAYS: 2

Clause 21, as amended, carried.

Clause 22 carried, by a show of hands:

YEAS: 6

NAYS: 2

Clause 57 carried.

Clause 1 carried.

The Preamble carried.

The Title carried.

The Bill, as amended, carried on the following recorded division:

ORDERED, -- That Bill C-36, An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence, as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-36 with amendments to the House as the Third Report of the Committee.

At 12:00 p.m., the Committee adjourned to the call of the Chair.

Christine Fisher

Clerk of the Committee