HERI Committee Meeting
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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:
YEAS |
|
NAYS |
Larry Bagnell |
|
Mauril Belanger |
Raymond Bonin |
|
Gary Schellenberger |
Guy St. Julien |
|
|
Liza Frulla |
|
|
John Godfrey |
|
|
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