Library and Archives of Canada Act

An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence

This bill was last introduced in the 37th Parliament, 2nd Session, which ended in November 2003.

Sponsor

Sheila Copps  Liberal

Status

Not active, as of Nov. 4, 2003
(This bill did not become law.)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Library and Archives of Canada ActGovernment Orders

October 6th, 2003 / 3:35 p.m.
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Canadian Alliance

Jim Abbott Canadian Alliance Kootenay—Columbia, BC

Mr. Speaker, I would hope that the parliamentary secretary would recall that she and I had a conversation in June where she said that the heritage minister and she were in favour of dropping the so-called Mickey Mouse amendment which is clause 21 of Bill C-36. This amendment was put into the bill and has absolutely nothing to do with the archives or the library.

I recognize the distinction the parliamentary secretary has made in her speech today that in clause 26, section 30.5 of the Copyright Act is being amended and so on and so forth. I understand there was a requirement in Bill C-36 for there to be a revision or amendments to the Copyright Act. We understand that.

I would hope that she would confirm that at that time, she told me and she also told my colleague, the member for Fraser Valley, who is responsible for the bill, that the government was going to see that the offending clause, the problem clause, clause 21 was removed from the bill. What happened was the member for Parkdale—High Park and others came to the committee and made sure that the clause stayed in.

If the parliamentary secretary, the heritage minister and the heritage department were prepared to remove that from consideration in committee, and recognizing that she was not responsible for what happened in committee except that she was incapable of following through on the commitment that she made, why was the government unwilling to accept the amendment of my colleague from Fraser Valley at report stage to follow through on what she committed to me and to the member for Fraser Valley that the offending clause, clause 21, be removed from the bill?

Library and Archives of Canada ActGovernment Orders

October 6th, 2003 / 3:15 p.m.
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Laval East Québec

Liberal

Carole-Marie Allard LiberalParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, I am extremely pleased to take part in this debate on Bill C-36, an act to establish the Library and Archives of Canada.

With this debate, this legislation will take an important step toward our ultimate goal of establishing the Library and Archives of Canada. This legislation was initiated four years ago with the tabling of the English report, and the appointment of Roch Carrier as National Librarian and Ian Wilson as National Archivist.

In 1999, the publication of the report entitled “The Role of the National Archives of Canada and the National Library of Canada” was a clear turning point for these two great institutions.

At the time, the Minister of Canadian Heritage asked Professor John English to consult the stakeholders on several key issues, notably the structure of these two institutions and how they could help Canada become a leader on information highway, which is constantly evolving.

At the same time, the professor was also asked to study ways to better preserve our country's collective memory and improve our access to it.

Extensive consultations were conducted to gather input from the staff of both organizations, as well as from archivists, librarians, academics, departmental representatives and many other stakeholders. Following these, Mr. English made recommendations to make these two institutions work better.

Several of these recommendations dealt with the management of Canadian documentary heritage in the digital age and how to make this heritage available to Canadians. The enormous potential of the Internet was another topic that pervaded the consultations.

In his report, Mr. English also identified several areas where the two institutions already share services. He recommended that this cooperation be expanded to include the management of internal documents, computer systems, cultural programming and other areas.

In their presentations before the Standing Committee on Canadian Heritage, the national archivist and the national librarian told us they had both read the English report before being appointed and had discussed it. As Roch Carrier said, and I quote:

—we saw that there were many opportunities for us to work together.

For various historical reasons, there were some rather puzzling divisions. For instance, Ian is entrusted with cartoons, or caricatures in newspapers; but I am entrusted with newspapers. I am entrusted with voices; Ian is entrusted with the images that go with the voices, etc.

Mr. Carrier added that his counterpart and he agreed that the situation did not make sense and that it would make sense to gather together the great wealth with which they are entrusted.

This joint decision marks one more step toward a brighter future, through the establishment of a new knowledge institute in Canada, bringing together two major organizations and combining their strengths under a new mandate that reflects the new digital reality and provides them with the tools required to meet the needs of a country in this 21st century.

Thanks to the commitment of these two men and the efforts of the men and women who work at the National Library and at the National Archives, a synergy was created. These two institutions have worked together on various projects and reinforced the existing bond between them. They already share several administrative functions such as finance, human resources, some facilities, security and information and preservation services.

The directors did all they could in the current context. Nonetheless, they quickly realized that a merger was the logical next step.

Combining these two institutions could provide us with enormous potential. Following this initiative, Bill C-36 was presented in the House in May, 2003. Then, in June, just before the House adjourned for the summer, the Standing Committee on Canadian Heritage reviewed the bill.

The committee heard from a large number of witnesses, who talked about numerous elements of the bill, and an exhaustive discussion ensued, as could be expected. One of the most interesting things to note is that although every witness wanted to express an opinion, everyone was unanimous and enthusiastic about the idea of contributing to the merger and creation of Library and Archives Canada.

All the witnesses—library science or archival specialists, a large number of users and historians, and even potential contributors or authors—talked about how much Canadians, including themselves, would benefit from this new knowledge institute.

Together we have improved this bill nicely. We have introduced the necessary changes to allow Library and Archives Canada to rest on a solid and modern foundation.

What will this new cultural institute look like? Will it be a veritable treasure of Canadian knowledge and history; a new guardian of our cultural heritage?

I believe the answer is yes. In fact, we are currently witnessing something a lot greater than a simple merger. Our objective is not to save money by using the same letterhead, but rather to create a new agency that is more dynamic and effective, with a greater influence and the ability to respond to Canadians' new needs.

I will give a few examples. By combining the specialized skills of librarians and archivists, it will be possible to ensure integrated access to the collections.

By combining the collections, it will be possible to create seamless access to the holdings. For example, a person looking for information on the sinking of the Empress of Ireland would have access not only to published accounts in books and newspapers like we might get if we just went to the library, but also to photographs, manuscripts, and a host of other forms of documentary materials through a single point of access.

With the combined resources and expertise of nearly 1,000 employees of the National Library and the National Archives, the new institution will be better positioned to manage the millions of items in its collection, and meet the evolving and ever increasing information needs of Canadians.

The combined specialized skills of librarians and archivists will allow Canada to be at the forefront of information sciences through, for example, the development in the field of metadata and provide the Government of Canada with the centre of leadership and expertise of information management.

As you are no doubt aware, the collections of these two institutions are truly impressive. No one should be surprised by this, given the broad scope of their respective mandates.

The National Archives were founded in 1872. The mission of the institution, now well past its hundredth birthday, is to preserve the collective memory of the nation and the Canadian government, to help protect rights, and to enhance the sense of national identify.

The National Archives preserve millions of documents of all kinds: films, maps, diaries, treaties, works of art, government documents, photographs, and sound recordings.

As for the National Library, it was created in 1953. Its role is to acquire, conserve and promote documents comprising Canada's publishing heritage. I would like to quote Roch Carrier's excellent vision of these two entities. He said:

In the National Library and the National Archives of Canada, no documents are lost. We have a system for identifying documents and for retracing them. We also have a great responsibility to the nation to safeguard these documents, because if we lose documents today, then in 50 years or 300 years, no one will be able to access them.

By combining collections and personnel, Library and Archives Canada will be able to provide a whole wealth of information, thousands of items of information to millions of Canadians in every part of this country.

Technological progress will enable this new entity to work with institutions all over Canada and elsewhere. This new institution will reap the benefit of the partnerships already in place with other archives and a network of 21,000 public libraries across Canada.

Some of these partnerships may also be strengthened. The bill will assign to Library and Archives Canada the role of facilitating cooperation among the various intervenors involved in promoting and preserving Canada's documentary heritage.

One important objective of this new institution will be to work in conjunction with other library and archives services throughout Canada to put into place strategies to facilitate the identification and preservation of Canada's documentary heritage on a variety of supports. This documentary heritage will also have to reflect the Canadian reality in all its diversity and complexity.

Speaking of preservation, the government has also set aside $15 million in the 2003 budget for urgent short term storage requirements and for studies on the best way of preserving its collection in the long term. This solution is a key component of the preservation and promotion of the Canadian documentary heritage.

Bill C-36 also includes amendments to the Copyright Act. That subject was of interest to a number of witnesses who appeared before the committee. I would like to reiterate why these amendments are necessary. First of all, because Bill C-36 will create a new, modern institution, with the ability to play a leading role in the digital universe.

For example, the bill changes the requirement for legal deposit in the case of books, and clarifies that electronic publications are covered as well. In addition, the head of the new institution will have new powers to periodically sample Internet sites of importance to Canada.

This only refers to Internet sites accessible to the public without restriction and solely for the purpose of preservation for future generations of Canadians. Nevertheless, since electronic publications and Internet sites are ephemeral in nature, they can change rapidly and often. Library and Archives Canada will archive them on durable media, in one copy.

For greater legislative clarity, we therefore propose an exception to the Copyright Act similar to that which already exists for the archiving of broadcast works.

I would like to point out that this exception will apply only to the new institution, Library and Archives Canada, and that it will be used strictly for preservation purposes, with access to these works being limited to on-site consultation.

At the same time, Bill C-36 contains other amendments to the Copyright Act that would facilitate the work of this new cultural institution. The proposed bill will amend section 30.21 of the Copyright Act to remove the conditions that archival institutions must meet to make single copies of unpublished works. Such copies are used for the purpose of research and private study.

Section 30.21 currently states that a copy of an unpublished work deposited before September 1, 1999, can only be made if the archive is unable to locate the copyright owner. It also states that records must be kept of all copies made under this section. This adds quite a burden to our archival facilities and reduces the access that Canadians have to these documents. The archival community would like to see this condition lifted.

To achieve a balance between users and copyright holders, the bill also includes an extension of the term of protection accorded to unpublished works of Canadian authors who died before 1949 to be extended until 2017. This would allow the heirs of an author of such a work an opportunity to publish the previously unpublished work.

The solution proposed in the Library and Archives of Canada Act would be to eliminate these two conditions. These amendments represent another concrete example of the government's commitment to giving this new institution the mandate, the powers and the tools it needs to achieve its goals.

I want to share an anecdote told by Roch Carrier to illustrate the Internet's true potential. During his presentation to the committee, Mr. Carrier talked about the music department at the National Library of Canada which, in the past, has welcomed 300 researchers per year. Now available on line, this service is provided to more than 100,000 visitors per month. That is a huge difference, is it not?

This shows how truly important access to our documentary heritage is. Thanks to Bill C-36, this new institution will have the means necessary to provide on line services, like the Canadian Genealogy Centre and the future Virtual Reference Canada. This will allow Canadians to discover their rich documentary heritage.

In closing, I simply want to say that Bill C-36 is helping us to build something for present and future generations, who will benefit from it. The bill's preamble eloquently summarizes the noble purpose of this new institution as a source of knowledge. It also ensures that Canada's documentary heritage will be preserved for the benefit of present and future generations; that Canada be served by an institution thatis a source of enduring knowledgeaccessible to all; that this institution facilitate in Canadacooperation among the communities involvedin the acquisition, preservation anddiffusion of knowledge;and that this institution serve as the continuingmemory of the Government of Canada andits institutions. I have no doubt that the Library and Archives of Canada will be one of the most important institutions of our society.

For these reasons and many others, I encourage all the hon. members to join me in supporting Bill C-36.

Library and Archives of Canada ActGovernment Orders

October 6th, 2003 / 3:15 p.m.
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Parry Sound—Muskoka Ontario

Liberal

Andy Mitchell Liberalfor the Minister of Canadian Heritage

moved 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, be read the third time and passed.

Business of the HouseOral Question Period

October 2nd, 2003 / 3 p.m.
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Glengarry—Prescott—Russell Ontario

Liberal

Don Boudria LiberalMinister of State and Leader of the Government in the House of Commons

Mr. Speaker, I guess this is the supplementary question to the lead-off of her leader earlier this day. He wanted to know the business of the House as well.

I am pleased to inform the House that we will continue today debating the Alliance motion endorsing Dalton McGuinty's election platform, which we have been doing for the day. Later tonight Mr. McGuinty will be the premier.

Tomorrow we will resume third reading debate of Bill C-13, the reproductive technologies bill. When this bill is completed, we will then turn to Bill C-32, the Criminal Code amendments.

On Monday, should it be necessary, we would return to Bill C-13 followed by third reading of Bill C-36, the Archives and National Library bill.

We would then proceed to the report stage of Bill C-19, the first nations fiscal legislation. If necessary, I would then return to Bill C-32, the Criminal Code amendments, followed subsequently by Bill S-13, the census records bill.

I will be seeking also cooperation of colleagues across the way to further our discussion on Bill C-41, the technical corrections bill that we discussed informally earlier this day.

On Tuesday, we will debate the third reading of Bill C-17, the public safety bill.

Starting on Wednesday, I hope we will be in a position to deal with bills that have come out of committee, as well as dealing with any of the business just listed that has not been completed.

I would also like to indicate to the House that we have had conversations about the future of Bill C-38, concerning the use of marijuana. We also intend to put this bill before the House in the very near future.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 6 p.m.
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The Acting Speaker (Mr. Bélair)

The House will now proceed to the taking of the deferred recorded divisions at the report stage of Bill C-36. The question is on Motion No. 12.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 5 p.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am pleased to take part in this debate. I will start by saying that we are in favour of the motions by the Canadian Alliance concerning the removal of everything pertaining to copyright in Bill C-36.

The Standing Committee on Canadian Heritage is already looking at this issue. It is extremely complex, as we know, particularly when we want to be able to take into account both the rights of the heirs of the authors in question and those of researchers or members of the general public to have access to these works.

It is completely logical to remove any references to copyright from Bill C-36. Let us hope the heritage committee will succeed in striking a fair balance in this complex matter.

I believe that Canadian Alliance Motions Nos. 12 and 20 address this and therefore have our support. As for Motion No. 17, however, I believe we will vote against it.

That being said, this whole debate is extremely important. A number of my colleagues have taken the opportunity to point out how opposed to Bill C-36 the Bloc Quebecois is, particularly the issue of merging the Library and the Archives, which have two different missions.

The hon. member for Laval Centre has suggested I look up the dictionary definitions of “archives” and “library”. I think that reading those definitions will provide a clear understanding of the fact that their mandates are different and are not such that they can be combined, as Bill C-36 seeks to do.

The definitions are from Le Petit Larousse , which I am sure all will agree is a totally reliable source.

The definition of “archives” given by this dictionary is: “Body of documents relating to the history of a city, a family etc, or those of a corporation, administration and the like”. “Archives” is also defined as “a location in which such documents are stored”. We can clearly see that archives have to do with a certain type of document with a connection to a family or company, as well as certain historical documents.

The definition of “library” given in Le Petit Larousse is: “Location, room or institution, public or private, in which a collection of books, texts, manuscripts and the like are shelved and managed”. Hon. members can see that this is really connected with the printed word and not with documents that could be described as archival.

When we consider a land register, which records properties with buildings on them or under cultivation, with the names of owners, it is quite clear that this type of record has its place in an archive, but not at all in a library, according to the definitions in Le Petit Larousse .

Moreover, most of the industrialized nations have understood very well that these entities have two different mandates. In France, Germany, the United States and Belgium, these are separate entities, with their own administrations, which develop their own logics, since they are not the same.

I think that by merging the two, Bill C-36 creates a great deal of confusion, as much in terms of administration as of mandate. Whether it is the archivists or the librarians, one of these two professions will end up losing.

When I was general secretary of the CSN, I had the opportunity to manage staff. I have already been an employer. We had a records department and a library. When we hired a records clerk, an archivist if you will, we hired someone who was trained to be a records clerk, not a librarian. However, when we needed a librarian, we hired a technician in that speciality, or someone who had studied library science.

Two completely different kinds of training, work and mandate are involved, and Bill C-36 does not take this into account. If it is adopted—we hope it will not be—it will surely result in a loss, for one group or the other, of a fundamental mandate.

Why is the government seeking to combine the two mandates? This is a question that remains unanswered. It is no doubt for reasons having to do with what we could think of as economies of scale. But as far as the mandates of the National Archives and the National Library are concerned, are economies of scale really that important? Will the savings make up for the cost of losing one mandate or the other? I do not think it is appropriate to think in those terms.

Is the idea more to give the new institution a broad propaganda mandate, to promote the Canadian vision of history and culture? That is probably closer to the truth. We know full well that this is a debate that we had right here, during question period.

Like most Quebeckers, including the current Premier of Quebec, we in the Bloc Quebecois believe that Quebec is a nation with a culture of its own. But just recently the Minister of Canadian Heritage referred again to Canadian culture. For her, anything relating to Quebec's culture is in fact a regional aspect of the broader Canadian culture.

I think it is more in this perspective of building Canada according to the Canadian vision that Bill C-36 must be viewed. Especially since the bill expands the mandate of the new institution, Library and Archives of Canada, to include a reference to the interpretation of Canadian history.

There is great cause for concern there, because if there is one area in which diversity and complexity preclude any official interpretation or something of the sort it is that one. I would be curious to know how Canadian history would be interpreted under that mandate. Take Louis Riel for example.

I will tell members a story. I had opportunity to visit Charlottetown. They have a sort of Fathers of Confederation museum, where they outline how the Canadian Confederation came about. This kind of information is always interesting, but it was set in a clearly Canadian vision. For instance, I learned there that Louis Riel had played an important role in the creation of the province of Manitoba. But there was no mention anywhere of the fact that he was hanged for high treason. Is that the interpretation we will be given of this tragic chapter of our history?

There was also conscription, both in 1917 and during the second world war. Canadians and Quebeckers interpret this event completely differently. In this respect, which interpretation will be considered the right one? I can give another example, the War Measures Act of 1970. No matter how we try to look at this, surely our interpretation will be different.

This is extremely dangerous. One of our top sociologists, Guy Rocher, conducted a study with one of his colleagues, whose name I unfortunately forget, on the perspective found in the history books used by schools in Canada and Quebec. He was able to prove that this perspective was completely different, depending on whose it was, Quebec's or Canada's.

As a result, I think that this aspect should be totally eliminated from the mandates of the Library and Archives of Canada. This results in a reductionism that does not correspond to reality. History is constant evolving. Our interpretation of the past is constantly subject to change.

For example, our current view of the first nations is quite different from our view at turn of the century. We realized a number of things that might not have been so important back then. Values also change.

All this to say that this aspect must be totally eliminated. Overall, this legislation is not relevant. As a result, although we agree with some of the Canadian Alliance's motions, in the end, the Bloc Quebecois will vote against Bill C-36.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 4:50 p.m.
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Canadian Alliance

James Rajotte Canadian Alliance Edmonton Southwest, AB

Madam Speaker, it is a pleasure today to stand and address 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. It is also my pleasure to support the five motions introduced by my colleague, our critic for Canadian Heritage.

As my colleagues in the Canadian Alliance have stated, we support the preservation and protection of Canadian heritage, including the documents and artifacts that will be held by the new entity created by the bill.

On a personal note, I am accused often by my staff and others of being both a librarian and an archivist. I love to read and my office is filled with books on many subjects. Plus, with the amount of paper I refuse to throw away, I may consider becoming an archivist if the politics thing does not work out.

As the Canadian Alliance senior critic for industry, my interest in the bill lies primarily with the clauses that affect copyright, clauses 21 and 22, and the subsequent Motions Nos. 20 and 21, both of which seek to delete the copyright clauses.

Copyright is the right of the creator of an original work to authorize or prohibit certain uses of the work or to receive compensation for its use.

I find it quite ironic that in a bill which seeks to promote the work of institutions that have as their mandate to put on display and preserve works to be viewed by the public, we find clauses with the express intent to restricting public access to historical works.

In terms of housekeeping provisions, I also find it strange that copyright amendments were introduced in this fashion. Because copyright issues change so quickly, there is a requirement under section 92 of the Copyright Act, which states:

Within five years after the coming into force of this section--

For example, no later than September 1, 2002.

--the Minister shall cause to be laid before both Houses of Parliament a report on the provisions and operation of this Act, including any recommendations for amendments to this Act.

Clearly, no such revisions have been laid before the House. However I understand that the Standing Committee on Canadian Heritage announced in June of this year that it hopes to launch its statutory review of the Copyright Act later this fall.

In addition to this, last year Industry Canada and Canadian Heritage jointly issued a report entitled “Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act”. Surely the Minister of Canadian Heritage could have raised the copyright issue in that report, instead of trying to put it into a bill in which we think it is not appropriate to be there.

These are very technical amendments that concern the protection of unpublished works. In Canada, the standard term of protection for published material is 50 years after the death of the author.

Unpublished works of authors who died before 1949 will come into the public domain on January 1, 2004. In other words, their copyright protection and the opportunity for their family to make any financial gains from work will expire in the new year.

What the legislation would allow is for the heirs of authors such as Lucy Maud Montgomery to maintain control of Montgomery's unpublished diaries a further 14 years in hopes of finding a publisher.

As legislators, and especially in the age of the Internet, we are often asked to be mediators between the protection of creative works in order to allow the creator to preserve his or her integrity and to earn a living, and the opportunity for the general public to enjoy such creative works. It is a difficult balance to strike I admit.

This situation has been recently raised with respect to access to census records. What is a reasonable time period as to how long such information should be kept from public release? For copyright, in my view, 50 years is a reasonable time period.

One of the roles I have as industry critic is to support and promote research and development. R and D is not limited to the lab or to scientific works. It includes written works and works that obviously deal with the human arts. I would not like to further inhibit the work of historical and social researchers for the sake of protecting the possible financial returns of a few families.

Many have noted that copyright protection for unpublished works in the United States has been extended to 70 years after death. This extension was engineered by the Walt Disney Corporation in order to protect its profits.

What is interesting is to actually think about Disney in terms of borrowing from others in order to create the great films that it has in the past. Cinderella was not originally written by Mr. Disney. Beauty and the Beast was not originally written by Mr. Disney, nor was Winnie the Pooh . The fact is that the Disney empire has greatly benefited, as all of us who have watched these films have, by borrowing from works that have fallen out of copyright.

There is no doubt that copyright is important to innovation. It reinforces an author's rights and entitlements to his or her hard work. However, there is also a relationship between the written word and the role it plays in the process of social and political dialogue.

For example, the genome, also known as the book of life, is a map of all the genetic information stored within our cells. The White House intervened in 2000 to make sure the genome would not remain hidden from public view through intellectual property rights protection.

In the case of the genome, compromises were reached to both protect intellectual property and further research. The public has free access to the genome sequence over the Internet, but those who did all the hard work have legal protection against data piracy. In addition, those who want to use the sequence for commercial purposes must negotiate an agreement with one of the organizations that completed the sequencing.

In my opinion, the genome is an excellent example of how we as elected officials can mediate property rights for the greater good.

From an innovation perspective, it is good to see we are speaking more and more about copyright, patents and intellectual property in the House. Most companies that patent scientific research seem to be able to balance the common good with the clear financial rewards of owning intellectual property.

Ideas and creations are part of an innovative economy and country. According to Industry Canada, patents and copyrights are highly correlated with R and D spending. They help us to work better and compete with each other. They stimulate us to experiment and to eventually reap the rewards of our hard work.

However, at some point we need to share these creations and designs with others so that we can learn from our successes, we can learn about each other and we can learn about our failures. It is finding that balance between the protection of intellectual property to reward the creator and the innovator and allowing the public good to have access to that work.

In conclusion, I am supporting the motions introduced by my colleague, particularly to delete clauses 21 and 22.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 4:40 p.m.
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NDP

Wendy Lill NDP Dartmouth, NS

Madam Speaker, it is a pleasure to speak to the amendments put forward on Bill C-36, an act to establish the Library and Archives of Canada and to amend the Copyright Act .

I listened to many of the witnesses who came before the Standing Committee on Canadian Heritage and I heard their concerns and solutions. I have also heard today in the House a great deal of rancour about the way the legislation unfolded and was dealt with in sort of the dying days of the last session. Much of that was unfortunate. I urge members of the House to not allow the hurry and the politicking that went on at that time to get in the way of what I think is very important legislation which meets several needs at this time for some important institutions and also for writers in Canada.

I feel confident that the bill satisfies the needs of the two institutions in question, the Archives and the Library. I have gained assurances from the departments and the institutions that this merger is not a cost cutting exercise, that in fact the merger is for the very best reasons, to make this a storehouse of incredible capacity for the stories, histories and archives of Canada, and I completely support that.

I believe members of the House have to value the archival and the heritage nature of these institutions. We have to value the previous generations of Canadian writers, politicians and citizens. These institutions are all about that. We are bringing together two storehouses of information which are critical to the public good and to our heritage.

The bill will also redress some wrongs done to creators in the previous revision of the Copyright Act. I believe it does that in clauses 21 and 22. I support those clauses.

Clause 7 of the bill has created a lot of controversy, probably more controversy than the original change to unpublished copyright in 1997. The NDP supports any measure that protects the creators of works and their heirs.

Janet Lunn, who is the past chair of the Writers' Union of Canada, said it best in her testimony before the Standing Committee on Canadian Heritage on June 3. She stated:

A writer's legacy to his or her family is the copyright in the works created during his or her lifetime. Often a writer is able to leave little else. We don't as writers have large estates and stocks and bonds usually. Our works are our legacy.

In 1997 the perpetual copyright on unpublished works was changed to match copyright on published works, 50 years after the death of the author. A change like this does not take effect right away. Therefore works from authors who have died since 1948 were automatically protected for a 50 year grace period. Works from authors who died before 1948 only received protection for a five year transition period before implementation. When a similar change was instituted in the U.K., a 50 year transition period was considered fair notice and the U.S. chose a 25 year transition period.

Janet Lunn explained the unintended consequences of such a short transition period. She stated:

--works not published by the end of 1998, even if they have been published since, will come into the public domain on January 1, 2004. This means that while an author who died on January 1, 1949, is protected until 2048, an author who died one day earlier, on December 31, 1948, is protected only until January 1, 2004

Today in question period I asked the veterans affairs minister about a piece of legislation which targeted, or excluded, 25,000 widows of veterans because their husbands happened to pass away one day before the legislation offering assistance was put in place. We realize this incredibly arbitrary date will have such horrible, unintended consequences on 25,000 very vulnerable older women.

I mention that because there is some parallel here, that we have to look at people on either side of these arbitrary dates and try to establish what the consequences would be. I would say they are astounding and would have ripple effects in different sectors of the cultural industry.

Five years may seem a sufficient length of time to publish material, even though it can take that long or longer to convince a publisher of the worth of the material. However the five year transition period would mean a publisher would only enjoy the benefits of publishing material until January 1, 2004, which is a ridiculously short period of time to recoup the publishing costs of a book. In other jurisdictions that removed perpetual copyright on unpublished works, a decade long transition was planned.

Our oversight of 1997 needs to be redressed before the end of this year. It is important that this legislation has the copyright provisions in it.

We all are aware that a major revision of the Copyright Act is to be undertaken shortly and I welcome the opportunity to be part of that. What this is, though, is a stopgap measure to protect people from the unexpected consequences of the changes that were made in 1997. I think anyone in this House would agree that one day should not create such a discrepancy in the lives of our writers and publishers in this country.

The unintended consequences of the bill are the following.

Our authors do not have to publish their books in Canada. Nor do the publishers have to publish them. Given the situation now facing them, many will go elsewhere. They will go offshore and they will be published other places.

Other jurisdictions have lengthier copyright protection than we do. If unpublished work is not protected here for a fair amount of time, authors or their publishers can take the work out of the country for publication.

Is that loss of heritage what we want to bring about in a bill such as this? What about the loss to the publishing industry in this country, which is in fact struggling at all times anyway?

Therefore, I repeat that this section of the bill would not make it impossible for researchers or genealogists to use information from archives or collections. This is a point that has been made and I think it is a bogus point. They were able to do that under the perpetual copyright provisions pre-1997 and we all benefited from the books, essays, plays and movies created from people looking at old letters and papers that had never been published.

As always, the concept of “fair dealing” still applies, which means people could use copyright material for research and review, but the right to publish material in its entirety remains with the copyright owner until copyright expires.

I would like to return to the bill as a whole.

Both these institutions under discussion are charged with maintaining the documentary heritage of Canada. It is an important and a costly exercise.

Under the former finance minister, both these institutions saw their budget slashed in half. It is time that we focus again on these institutions and ensure they are economically viable. We need legislation in place which will give them the tools to move forward with this important merger. We need the copyright provisions in place that will protect writers, publishers and historians. I want to work to ensure that the legislation goes through before the House possibly comes to a premature end.

I and the New Democrats will be supporting the bill in its entirety.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 4:30 p.m.
See context

Progressive Conservative

Gary Schellenberger Progressive Conservative Perth—Middlesex, ON

Madam Speaker, that is right. The member was not there. He had already gone home because it was after recess.

I know some of my more seasoned colleagues from the opposition and others may not be at all that surprised to see this type of shenanigans, however, I was shocked. I suppose I should have expected it. After all, this is the same gang of Grits who promised Canadians they would be ripping up the free trade agreement and scrapping the GST.

The meeting was one with very few hon. members in attendance. In fact, if I had left the Standing Committee on Canadian Heritage there would not have been a quorum. I could have left in disgust, but I suppose I am of the opinion that more good can come from rolling up the sleeves and getting to work than simply taking my marbles and going home.

I have learned a lesson. I have always been of the opinion that we can attract far more bees with honey than with vinegar. But I sure hate when spreading the honey attracts a big bumblebee that stings. I feel stung by the government majority on the committee.

I know a shady deal when I see one. I do not want to say I was not told the truth by the committee, but I was certainly told one thing would happen. When it was time to cash in the chips, another thing entirely occurred. We can call that what we like I suppose, but it is enough from my standpoint to cloud the process sufficiently for me to vote against the bill. However, I will continue to debate.

If the Liberals want to change the Copyright Act, then they should table a bill, have meetings with hon. members and expert witnesses in order to deal strictly with the very complex issue of copyright, in accordance with proper parliamentary tradition. If they want to try to sneak through a couple of clauses to correct a Grit error from a few years ago, then they should be open and honest about it. Perhaps some of their opposition colleagues may actually help them to do so. However trying to slip through a part of a bill that does not belong there without explaining why, is not right.

When government members, who make a deal to remove these clauses, then learn from their political masters in the Prime Minister's office that they need to break their word and keep these clauses in, is very suspicious behaviour. It is very fishy indeed. They forgot they had a deal. They forgot they gave us their word. They told us not to worry and assured us that we could trust them. I found out about that in short order at my first ever committee. That is how long it took me.

Aside from the shady behaviour on the part of the government in trying to railroad through sections 21 and 22 of the bill, much of the work I have done on my own has done nothing to ease my concerns about amending these copyright laws without due diligence.

Through a publisher, the esteemed, maybe most highly esteemed and respected figure among Canadian historians, Dr. Jack Granatstein, informed my office that in his expert opinion:

This bill will interfere with scholarship, complicate the lives of researchers needlessly and cost everyone time and money. It is simply unnecessary.

That does not sound too good.

Don LePan, president of Broadview Press, is on record as saying that these copyright provisions in Bill C-36 represent, in his own words:

...one of several significant threats in the current horizon to the public domain; copyright restrictions in Canada are already more stringent than they need be, and it is crucial that we resist further incursions on the public domain.

The following are points of concern surrounding sections 21 and 22 of Bill C-36.

With a review of copyright law in general about to get underway, there is no good reason to include as an add on to an unrelated bill these provisions regarding copyright.

Who would benefit from these provisions of Bill C-36? It is often claimed that authors as a whole benefit from extending copyright provisions. In practice, however, it is typically only a handful of the best known and most enduringly successful writers whose heirs benefits from such provisions in any significant financial way.

One thing I remember just from my life was a deal I made one time to buy a piece of property. It was owned by an estate. We could never get a clear deed on that estate because the descendants of those people lived all over the world. We could never get anyone to come in to sign the papers that were required. This is what I am talking about on the extended copyright. To try to find some of these people would be very hard.

Indeed, extensions of copyright restrictions can be directly contrary to the interests of many deceased authors, not least of all because publishers who might be interested in making certain works available will frequently be discouraged from doing so if the author's heirs are difficult or impossible to locate.

However I am of the opinion that the joining together of the Library of Parliament and the National Archives is of such importance as to require me to look deeply into the bill, and I will be taking advice from my colleagues.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 4:30 p.m.
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Progressive Conservative

Gary Schellenberger Progressive Conservative Perth—Middlesex, ON

Madam Speaker, as the PC Party critic for Canadian heritage and culture it is with great pride that I rise to speak to Bill C-36.

During the early stages of the development of the bill, the Progressive Conservative Party was cautiously supportive of the legislation. We felt the joining of the National Library and National Archives was necessary to best preserve Canadian history.

Because of the confusion surrounding the effects clauses 21 and 22 may have on the future of research, academic scholarship and publishing in Canadian literature, I am inclined to remove that initial support for what is otherwise an appropriate bill.

I have a background in municipal politics and can appreciate the benefits that can occur when organizations are joined together and resources pooled to provide people with more effective services, better use of taxpayers' dollars and ease of use.

When first glancing over Bill C-36, I felt the government had actually drafted a good piece of legislation. It was about time. Then I read clauses 21 and 22 which have nothing to do whatsoever with the amalgamation of the National Library and National Archives. These clauses deal with copyright law of all things. These clauses do not belong in the bill. They stick out like sore thumbs.

Before my second committee meeting it was my understanding that there was an agreement among my colleagues on this committee that if clauses 21 and 22 were removed, then we could, for the most part, agree it was a good bill.

I felt good about the agreement because it struck me as if it was an example of parliamentarians working well with each other, bargaining in good faith, et cetera. I understood that clauses 21 and 22 were to be removed and I understood at that point that most of the committee members, if not all, would support the bill.

Lo and behold, as our second meeting progressed--a meeting which was a special meeting that was called after the House recessed and during which the committee examined the bill clause by clause--we eventually arrived at clauses 21 and 22. These clauses were introduced to be withdrawn as per the agreement. However, debate began on the merits of keeping the clauses in the legislation. Being the only opposition member present, I felt betrayed by this.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 4:25 p.m.
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Bloc

Jocelyne Girard-Bujold Bloc Jonquière, QC

Madam Speaker, I am pleased to take part in this debate on the motions by my hon. colleague from Fraser Valley, with regard to Bill C-36.

The aim of this bill is to create a new institution called the Library and Archives of Canada. I must inform the House that the Bloc Quebecois opposes this bill, but before I explain why, I want to briefly discuss the motions now before the House.

I want to talk about Motion No. 12, which deals with clause 8 in the bill, under the heading “Objects and Powers”. The Bloc Quebecois will vote in favour of this motion, because it will ensure impartiality. As a result of everything we witnessed today and everything that happened with the sponsorship program under Communication Canada, we discovered all the goings-on and the friends compensated with taxpayers' money.

The Bloc Quebecois believes that if this motion were defeated, it would mean that the current government has not learned from its mistakes with Communication Canada and the sponsorship program. Constituents and taxpayers would appreciate less partisanship when it comes to public funds. In fact, under the current Liberal government here in Canada, there is increasing partisanship and cronyism. I congratulate the hon. member for Fraser Valley for having introduced this amendment.

As for Motion No. 17, which would amend the bill by adding clause 13(5). Clause 13 is found in the part of the bill dealing with “government and ministerial records”.

I can tell the hon. member for Fraser Valley that the Bloc Quebecois will vote against this amendment, because if we add this paragraph and limit access to verification in such a bill, it would also limit transparency. I think that our constituents, all Canadians and Quebeckers, are asking their elected officials and the government to be increasingly transparent and, when supposedly impartial bodies are created, to allow them access to all documents. I am against the Alliance motion, which would restrict this access.

The other motions, numbers 20, 21 and 23, deal with copyright. I am very surprised that copyright is still included in this bill, since, when we discussed this bill in committee in June, the Parliamentary Secretary to the Minister of Canadian Heritage agreed to withdraw all these clauses from the bill. We came to an agreement and here it is again in the bill.

The Standing Committee on Canadian Heritage is currently studying copyright.

I do not understand how copyright can be included in this bill creating an institution. Matters of copyright are too important.

The Parliamentary Secretary to the Minister of Canadian Heritage mentioned just now that there would be copyright for people who died between 1929 and 1949. I do not understand this. It is totally confusing.

The Standing Committee on Canadian Heritage must look into this concept of copyright very seriously. The Bloc Quebecois agrees completely with the Canadian Alliance in its decision to propose these amendments.

It is important that people who have written books in the past be recognized. As for those who were not recognized and whom we now define as persons desiring recognition, can we really lump all that into a bill? I say no. It is too important. It would mean that the government did not accord as much importance to the country's authors as the public did.

The Bloc Quebecois agrees with the Canadian Alliance. We must do it. It is urgent. It is necessary. Everything having to do with copyright must be removed from this bill. That is the opinion of the Bloc Quebecois concerning the motions for amendment proposed by the Canadian Alliance.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 4:15 p.m.
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Laval East Québec

Liberal

Carole-Marie Allard LiberalParliamentary Secretary to the Minister of Canadian Heritage

Madam Speaker, I would like to answer my colleague who just put forward the motions. Motions Nos. 12, 17, 20 and 23 were selected by the Chair.

I will first speak to Motion No. 12. It says, and I quote:

(k) transfer Communication Canada's Depository Services Program to the Library and Archives of Canada.

Under the motion, the librarian and archivist would have the authority to transfer the program. However, I would add that it is the government's decision, not the librarian's and archivist's. It is certainly not the practice, in Canadian legislation, to identify programs of this nature. That is why I think Motion No. 12 should not be carried.

As for Motion No. 17, it proposes that:

(5) The Librarian and Archivist may review any record that the Minister claims to be of a personal and political nature to verify that it is of such character.

This motion deals with ministers' private or political records. The motion proposes that the deputy head be able to examine any document to verify that it is personal or political in nature, as the minister claims.

The framework of and the definitions contained in the legislation—such as the Access to Information Act, the Privacy Act, the National Archives of Canada Act—were all carefully formulated to reflect or supplement the substance of each statute, thereby ensuring their overall linguistic uniformity given that they must interact.

Any change to the legal order governing information created or used by government institutions must be made to all three statutes. A fragmented approach to such amendments, as my hon. colleague is proposing here today, would lead to legal confusion that would jeopardize the implementation of these three statutes and would probably lead to court challenges.

This is why I suggest that my hon. colleague's motion not be retained.

Motions Nos. 20 and 21 deal with amendments to copyright. The purpose of Motion No. 20 is to eliminate the proposed application of copyright to unpublished works.

Of course, there has been ample discussion of the proposed amendments to the Copyright Act, now being debated, and in relation to which my hon. colleague is moving a motion. This legislation was studied in great depth in committee. The committee heard witnesses of all political persuasions, some of whom supported these amendments while others did not.

This issue was discussed over the course of several meetings. The committee concluded that the numerous concrete advantages to this proposal, not only for the authors but also for archivists and users, outweighed the potential inconveniences, which have yet to be proven, for some unspecified groups.

The important thing is that section 7 of the Copyright Act will be amended to extend copyright protection to unpublished works by Canadian authors who died after 1929, but before 1949, until 2017. This would allow the author's heirs to publish this previously unpublished work. If the work remained unpublished at the end of this fourteen-year period, it would come into the public domain. If the work is published during that period, it would then receive copyright protection for twenty years following the date of publication.

The conditions for the protection of unpublished works of authors who died before 1929 are unchanged. Protection terminates on December 31, 2003. If the works in question were published before their protection expired, they would be protected for an additional 20 years from date of publication.

In 1997, section 7 of the Copyright Act was considerably amended by Bill C-32. Before that, unpublished works had perpetual copyright protection.

The amendments proposed in Bill C-32 proved to be highly controversial. Historians, archivists and genealogists lobbied vigorously to have the transitional periods shortened so that older archival material, a large part of which remains unpublished, would enter the public domain sooner.

Their arguments carried enough weight that the government decided to shorten the transitional period, and as a result copyright protection on unpublished works whose author had died before 1949 would expire at the end of 2003.

The people whose interests were being threatened by this therefore launched a campaign to extend the protection of unpublished works to allow heirs the time to publish the works in question.

After a number of meetings, a compromise was struck, and that is what was adopted and is found in clauses 20 and 21 of the bill.

Section 7 of the Copyright Act would be amended so that unpublished works by Canadian authors who died after 1929 but before 1949 would be protected. This protection would be extended beyond the end of 2003, until 2017.

This is a compromise that had already been negotiated. Section 30.21 of the Copyright Act would also be amended to remove the condition that archivists must keep a record of persons to whom single copies of unpublished works are provided for the purposes of research and private study, where copyright has not expired but for which the copyright owner cannot be located.

In light of the compromise agreed to by the stakeholders and given the need to amend section 30.21, on behalf of the Library and Archives of Canada, this amendment is put forward so that it can be approved by December 31, 2003.

This is an important date, because unpublished works would enter the public domain at that time and any subsequent change would have the effect of according protection again, retroactively, which could be a source of even greater confusion.

Allow me to note that the changes in question are consistent with the consensus achieved by all the stakeholders, who agree that the changes I mentioned a moment ago are necessary. That is why the motion put forward by the hon. member opposite must not be passed.

Motion No. 21 proposes to delete clause 22, the same way that Motion No. 20 proposes to delete clause 21. As indicated earlier, the amendments to the Copyright Act flow from the efforts of this government to promote greater access to unpublished works and are part of the agreement reached by all stakeholders regarding this change.

Bill C-36 will amend section 30.21 of the Copyright Act to remove certain conditions that archival institutions must meet in order to make single copies of unpublished works. Such copies are used for the purposes of research and private study.

I am sure members will agree with me that this bookkeeping is only adding to the administrative burden of our archival services and squandering our limited resources which could be better used serving the customers of the Library and Archives of Canada.

Finally, Motion No. 23 proposes to remove references to sections containing amendments to the Copyright Act. I think this motion should also be rejected for the reasons I have already given.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 4:05 p.m.
See context

Canadian Alliance

Chuck Strahl Canadian Alliance Fraser Valley, BC

moved:

Motion No. 12

That Bill C-36, in Clause 8, be amended by replacing lines 23 to 25 on page 4 with the following:

“it;

(j) carry out such other functions as the Governor in Council may specify; and

(k) transfer Communication Canada's Depository Services Program to the Library and Archives of Canada.”

Motion No. 17

That Bill C-36, in Clause 13, be amended by adding after line 39 on page 7 the following:

“(5) The Librarian and Archivist may review any record that the Minister claims to be of a personal and political nature to verify that it is of such character.”

Motion No. 20

That Bill C-36 be amended by deleting Clause 21.

Motion No. 21

That Bill C-36 be amended by deleting Clause 22.

Motion No. 23

That Bill C-36, in Clause 57, be amended by replacing line 23 on page 21 with the following:

“sections 53 and 54, come into force on”

Madam Speaker, Bill C-36 may not be seizing the nation, but it is an important bill because it does bring together for the first time in an official way the Archives of Canada and the Library of Canada. The bill does this in a way that would allow them to organize their efforts to minimize duplication and also would allow them to organize themselves in a way that would allow one input for both library and archival material. That part of the bill is worthy of support and should be supported. I will talk more about that at the end of this debate.

There are only 10 minutes to debate all of these motions. That is barely enough time, but I will whistle through them, give an explanation, and hopefully make a case for why we have these motions before us today.

Motion No. 12 calls for the government to:

(k) transfer Communication Canada's Depository Services Program to the Library and Archives of Canada.

This may seem like a small technical problem, but it is a huge issue for librarians across the country. Over 790 public and academic libraries in Canada are concerned about the current management structure, which does not ensure that publications of the Government of Canada are properly handled by libraries and archives across the country.

We heard ample evidence in committee that this depository service should be moved under the Library and Archives of Canada. Right now, for example, only 46% of government documents are ever delivered to local public and academic libraries across the country, and that is because it is just not handled by librarians and archivists right now. Certainly librarians and people who deal with this material want to have access to it and they have suggested this as the best way to handle it.

I have received letters from people in my riding about this issue. Believe it or not, it is very important to librarians. I would like to thank Kim Isaac in my riding for bringing this to my attention initially and her other colleagues across the country who have made a very strong and convincing case that this is the way we should be handling it. I urge all members of Parliament to support Motion No. 12, which would officially put that depository service under the auspices of the new Library and Archives of Canada.

Motion No. 17 is primarily about the principles of accountability and transparency. As it is worded now, clause 13 would allow no objective oversight by the librarian and archivist to make sure they are receiving from the ministers of government all ministerial records that they feel have historical significance. This is done by law in the United States. As the secretary of state or for any position in the United States, that individual has to provide records to the archives. They have no choice. It is a legal requirement.

When the access to information commissioner gave testimony before our committee, he very strongly indicated his concern that, either through oversight or deliberate efforts by ministers, information that should be archived will not be. This amendment is brought forward in an effort to force all ministers to allow the archivists to have access to this material because it really belongs to the people of Canada and to the Government of Canada, not to individual ministers.

We also had testimony about what happens right now. Ministers get shuffled from one post to another or kicked out of cabinet, and who knows what may happen as time progresses, so they tell their staff to put tape on top of all the boxes in their offices or on the entire floor because they believe the information is theirs, that it is personal information and is therefore is not available to the archivists. That is simply not true. It may be useful if they decide to write books later in their life, or it may be useful memorabilia, but it actually belongs to the people of Canada and it should be available to the archivists. All kinds of information is simply lost. It is not done in a nasty way; it is just lost. Obviously material that belongs to the government should be available to the archivists. Motion No. 17 would allow the archivists to have that access and to make that determination.

One of the things mentioned in committee was document management. If I could quote from the May 12 Ottawa Citizen , it said about document management:

Today, government decisions are being made in oral briefings and over e-mail, voicemail, BlackBerry and faxes, with few or no records kept. Files are scattered on paper, diskettes and hard drives. Minutes of meetings are rarely kept and what is kept is usually hand-scribbled notes that bureaucrats squirrel away in their files which they take with them when they move or retire. To compound the problem, Mr. Reid has charged that bureaucrats are told right from the top to avoid keeping records at all.

That culture which is being created is one which we need to reverse to openness and accountability. It will be reversed if we pass Motion No. 17 which would make all information available to the archivist.

Finally, Motions Nos. 20, 21 and 23 delete copyright provisions that have been tacked on to the end of the bill almost willy-nilly and ad hoc. We heard from so many people who said that the way to revise copyright is to do it holistically. In fact, the Canadian heritage committee has been tasked with the statutory review of copyright. It must be done within a set period of time by statute. It is a requirement. It should be done holistically and all at the same time.

These clauses, which some people are calling the Lucy Maud Montgomery clauses, benefit only a very few people and are not the proper way to amend copyright legislation. It has made the bill difficult to handle in committee and it is going to make it difficult here again in the House. We are making the case today that the clauses should have been deleted.

In fact, there was broad agreement in committee to delete these clauses. Through some unfortunate shenanigans that went on in the committee, they were not deleted. They were kept in the bill and they are back here today. They should never have been in the bill and it is unfortunate that we are dealing with them today. They should be dealt with as part of a copyright debate and a proper change, an amendment to copyright legislation generally.

These amendments that are in the bill currently will have a negative impact on Canada's families, researchers and writers and Canadian culture. A copyright lawyer told the Standing Committee on Canadian Heritage, “Canadians will have to wait another 14 to 34 years to get access to historical material in various estates of public persons who may wish to suppress it”, to lock it up through publication effectively restricted by technological protection measures, “or to price it so high as to effectively limit access, using the powerful weapon of copyright law”. This would hardly help Canadians to tell their stories.

The copyright amendments located within the bill, if passed, would have a negative impact on Canadian families, on Canadian culture, and on historic researchers and writers generally. I just hope that today we are going to fix what should have been fixed in committee, that we are going to delete these clauses and we are going to deal with this properly in the review of the copyright legislation.

I think the members of the committee know that it was done poorly and improperly. It was not thought through well. Person after person testified before us that this should not go ahead.

It is not just the Lucy Maud Montgomery heirs who will benefit. It is funny that people are calling it the Lucy Maud Montgomery amendment because it so exclusively benefits such a small group of people, but historians have asked about the papers, letters and so on from R. B. Bennett, the Prime Minister of Canada during the Depression. They will not be able to publish from those letters because they will get caught up in this clause. What about Sir Robert Borden, the Prime Minister of Canada from 1911 to 1920? It is the same problem.

Sir Wilfrid Laurier was a legendary Prime Minister of Canada. Any of his unpublished works would now have protection until 2024 if they are published first before the end of this year. In other words, they have another long period of copyright protection, even though Sir Wilfrid Laurier of course has been dead and gone for almost a century. The same goes for Stephen Leacock, who is a well noted Canadian educator and humorist.

I urge people to support, first of all, my Motions Nos. 12 and 17 for the reasons I have already laid out. It would make the bill stronger. It would make it more palatable to many Canadians and give more direct instructions to our ministers. I also urge them to support Motions Nos. 20, 21 and 23 which will delete the copyright provisions.

It was the right thing to do in committee and we had a deal to do that in committee. The fact that it was not done there is unfortunate, but we can fix it here today by deleting those clauses and then doing a proper job of copyright review in committee. That is the way it should be done. That is the proper way to make legislation. To just throw it in an omnibus fashion at the end of the bill is a travesty for the archivists and librarians who just want to put their organization together. It has made it controversial when it should have been straightforward.

I urge all people to follow that course of action. I look forward to the debate. I hope the government will support these motions.

Library and Archives of Canada ActGovernment Orders

October 1st, 2003 / 4 p.m.
See context

The Acting Speaker (Ms. Bakopanos)

There are 23 motions in amendment standing on the Notice Paper for the report stage of Bill C-36.

Motions Nos. 1, 3 to 11, 13, 14, 16, 18, 19 and 22 will not be selected by the Chair because they could have been brought forward in committee.

Motions Nos. 2 and 15 will not be selected by the Chair because they were lost in committee.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at the report stage.

Motions Nos. 12, 17, 20, 21 and 23 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 12, 17, 20, 21 and 23 to the House.

Business of the HouseOral Question Period

September 18th, 2003 / 3 p.m.
See context

Glengarry—Prescott—Russell Ontario

Liberal

Don Boudria LiberalMinister of State and Leader of the Government in the House of Commons

Mr. Speaker, I will be pleased over the following weeks to continue to elaborate on the program from now until December 12 for the benefit of the hon. member and for anyone else. More specifically, about the following week, I wish to express the following by way of the business statement.

This afternoon, we will continue with the debate on the opposition motion.

Tomorrow, the House will return to the motion to refer Bill C-49, the electoral boundaries bill, to committee before second reading. This will be followed by Bill C-45, the corporate liability bill, or Westray bill if you like, and Bill C-34, the ethics commissioner bill.

On Monday, we will begin with bills not completed this week, Friday in particular. We will then proceed to Bill C-46, respecting market fraud, Bill C-50 respecting veterans, Bill C-17, the public safety bill, and finally Bill C-36, the Library and Archives of Canada bill.

Tuesday will be an allotted day.

On Wednesday and Thursday, the House will begin consideration of Bill C-48, respecting resource taxation, and will then return to any of the business just listed that has not been completed.