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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to establish the Library and Archives of Canada, to amend the
Copyright Act and to amend certain Acts in consequence''.
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This enactment creates the Library and Archives of Canada as the
successor to the National Library and the National Archives of Canada
and provides for the appointment of its head, the Librarian and Archivist
of Canada.
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This enactment provides for functions and powers of the Librarian
and Archivist that are a modernization of the present functions and
powers of the National Librarian and National Archivist of Canada and
integrates their formerly distinct missions. The regime for legal deposit
of publications has also been updated to provide for the deposit of
electronic publications. A new power to preserve the documentary
heritage of Canada as found on the Internet has also been introduced.
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This enactment amends the Copyright Act by providing for a longer
term of protection for unpublished or posthumously published works of
authors who died before 1949. The new terms of protection are
extended for varying periods, depending on the date of the author's
death and whether or not the work is published during the particular
periods in question. Furthermore, requirements for archives holding
unpublished works in their collections that were deposited before 1999
to obtain consents from copyright holders for the making of certain
copies of those works and related recordkeeping or owner-tracing
requirements have been removed.
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This enactment makes several consequential amendments to
relevant legislation and contains transitional provisions and
coordinating amendments.
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Clause 21: Subsection 7(5) is new. Subsection 7(4)
reads as follows:
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(4) Where
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(a) a work has not, at the coming into force of this section, been
published or performed in public or communicated to the public by
telecommunication,
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(b) subsection (1) would apply to that work if it had been published
or performed in public or communicated to the public by
telecommunication before the coming into force of this section, and
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(c) the relevant death referred to in subsection (1) occurred more
than fifty years before the coming into force of this section,
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copyright shall subsist in the work for the remainder of the calendar year
in which this section comes into force and for a period of five years
following the end of that calendar year, whether or not the work is
published or performed in public or communicated to the public by
telecommunication after the coming into force of this section.
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Clause 22: (1) Subsection 30.21(1) reads as follows:
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30.21 (1) It is not an infringement of copyright for an archive to make
a copy, in accordance with subsection (3), of an unpublished work that
is deposited in the archive after the coming into force of this section.
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(2) The relevant portion of subsection 30.21(3) reads
as follows:
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(3) The archive may only copy the work if
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(a) the person who deposited the work, if a copyright owner, does
not, at the time the work is deposited, prohibit its copying;
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(3) Subsections 30.21(5) to (7) read as follows:
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(5) Where an archive requires the consent of the copyright owner to
copy an unpublished work deposited in the archive before the coming
into force of this section but is unable to locate the owner, the archive
may copy the work in accordance with subsection (3).
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(6) The archive must make a record of any copy made under
subsection (5) and keep it available for public inspection, as prescribed.
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(7) It is not an infringement of copyright for an archive to make a
copy, in accordance with subsection (3), of any work to which
subsection 7(4) applies if it was in the archive on the date of coming into
force of this section.
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Clause 23: The relevant portion of section 68 reads as
follows:
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68. This Act does not apply to
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(c) material placed in the National Archives of Canada, the National
Library, the National Gallery of Canada, the Canadian Museum of
Civilization, the Canadian Museum of Nature or the National
Museum of Science and Technology by or on behalf of persons or
organizations other than government institutions.
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Clause 26: Section 30.5 and the heading before it read
as follows:
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National Archives of Canada
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30.5 The National Archives of Canada may
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(a) make a copy of a recording, as defined in section 8 of the National
Archives Act, for the purposes of that section; and
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(b) at the time that a broadcasting undertaking, within the meaning
of subsection 2(1) of the Broadcasting Act, communicates a work or
other subject-matter to the public by telecommunication, make a
copy for archival purposes of the work or other subject-matter that
is included in that communication.
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Clause 27: Subsection 30.8(7) reads as follows:
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(7) In subsection (6), ``official archive'' means the National
Archives of Canada or any archive established under the law of a
province for the preservation of the official archives of the province.
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Clause 28: The relevant portion of section 6.6 reads
as follows:
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6.6 The following personal information relating to a person referred
to in subparagraph 4(a)(i) shall, if requested by the Minister, be made
available to the Minister for the purpose of determining or verifying the
service or medical history of the person in order to determine eligibility
for a benefit under the regulations or under any enactment incorporating
the regulations by reference:
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(d) personal information collected or obtained by the National
Archives of Canada in the administration of the National Archives
of Canada Act, or any predecessor enactment relating to the same
subject-matter.
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Clause 29: The relevant portion of subsection 295(5)
reads as follows:
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(5) An official may
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(h) provide access to records of confidential information to the
National Archivist of Canada or a person acting on behalf of or under
the direction of the National Archivist of Canada, solely for the
purposes of section 5 of the National Archives of Canada Act, and
transfer such records to the care and control of such persons solely
for the purposes of section 6 of that Act;
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Clause 32: The relevant portion of subsection 4(1)
reads as follows:
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4. (1) A Board to be called the Historic Sites and Monuments Board
of Canada is hereby established, consisting of eighteen members as
follows:
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(a) the National Archivist of Canada;
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Clause 33: The relevant portion of subsection 241(4)
reads as follows:
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(4) An official may
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(i) provide access to records of taxpayer information to the National
Archivist of Canada or a person acting on behalf of or under the
direction of the National Archivist of Canada, solely for the purposes
of section 5 of the National Archives of Canada Act, and transfer
such records to the care and control of such persons solely for the
purposes of section 6 of that Act;
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Clause 34: The relevant portion of section 7 reads as
follows:
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7. The Minister of Indian Affairs and Northern Development shall
cause a certified copy of the Agreement and any amendments to the
Agreement to be deposited in
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(a) the National Archives of Canada;
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Clause 35: Subsection 75.1(2) reads as follows:
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(2) The Speaker of the Senate and the Speaker of the House of
Commons, acting together, shall select the Parliamentary Poet Laureate
from a list of three names submitted in confidence by a committee
chaired by the Parliamentary Librarian and also composed of the
National Librarian, the National Archivist of Canada, the
Commissioner of Official Languages for Canada, and the Chair of the
Canada Council.
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Clause 36: The relevant portion of section 109.1 reads
as follows:
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109.1 The following personal information relating to a member of
the forces shall, if requested by the Minister, be made available to the
Minister for the purpose of determining or verifying the member's
service or medical history in order to determine eligibility for an award
under this Act or a benefit under any enactment incorporating this Act
by reference:
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(d) personal information collected or obtained by the National
Archives of Canada in the administration of the National Archives
of Canada Act, or any predecessor enactment relating to the same
subject-matter.
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Clause 37: (1) The relevant portion of subsection 8(2)
reads as follows:
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(2) Subject to any other Act of Parliament, personal information
under the control of a government institution may be disclosed
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(i) to the National Archives of Canada for archival purposes;
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(2) Subsection 8(3) reads as follows:
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(3) Subject to any other Act of Parliament, personal information
under the custody or control of the National Archivist of Canada that has
been transferred to the National Archivist by a government institution
for archival or historical purposes may be disclosed in accordance with
the regulations to any person or body for research or statistical
purposes.
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Clause 38: Subsection 10(2) reads as follows:
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(2) Subsection (1) does not apply in respect of personal information
under the custody or control of the National Archivist of Canada that has
been transferred to the National Archivist of Canada by a government
institution for archival or historical purposes.
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Clause 39: The relevant portion of subsection 69(1)
reads as follows:
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69. (1) This Act does not apply to
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(b) material placed in the National Archives of Canada, the National
Library, the National Gallery of Canada, the Canadian Museum of
Civilization, the Canadian Museum of Nature or the National
Museum of Science and Technology by or on behalf of persons or
organizations other than government institutions.
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Clause 42: The relevant portion of section 54 reads as
follows:
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54. The Centre
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(e) notwithstanding the National Archives of Canada Act, shall
destroy each report received and all information received or
collected on the expiry of the applicable period referred to in
paragraph (d).
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Clause 47: The relevant portion of subsection 30(1.1)
reads as follows:
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(1.1) The following personal information relating to a veteran shall,
if requested by the Minister, be made available to the Minister for the
purpose of determining or verifying the veteran's service in order to
determine eligibility for an allowance under this Act or for a benefit
under any enactment incorporating this Act by reference:
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(c) personal information collected or obtained by the National
Archives of Canada in the administration of the National Archives
of Canada Act, or any predecessor enactment relating to the same
subject-matter.
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Clause 48: The relevant portion of section 126 reads
as follows:
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126. When records originally kept under sections 114 to 116 are
under the custody or control of the National Archivist of Canada or the
archivist for any province, that person may disclose any information
contained in the records to any other person if
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Clause 49: (1) Subsections 128(2) and (3) read as
follows:
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(2) Subject to paragraph 125(7)(c), any record kept under sections
114 to 116, other than a record kept under subsection 115(3), may, in the
discretion of the person or body keeping the record, be destroyed or
transmitted to the National Archivist of Canada or the archivist for any
province, at any time before or after the end of the applicable period set
out in section 119.
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(3) All records kept under subsection 115(3) shall be destroyed or,
if the National Archivist of Canada requires it, transmitted to the
National Archivist of Canada, at the end of the applicable period set out
in section 119 or 120.
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(2) Subsection 128(6) reads as follows:
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(6) The National Archivist of Canada may, at any time, inspect
records kept under sections 114 to 116 that are under the control of a
government institution as defined in section 2 of the National Archives
of Canada Act, and the archivist for a province may at any time inspect
any records kept under those sections that the archivist is authorized to
inspect under any Act of the legislature of the province.
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Clause 50: The relevant portion of section 15 reads as
follows:
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15. The Minister of Indian Affairs and Northern Development shall
cause a certified copy of each final agreement and transboundary
agreement that is given effect by or under this Act, and of any
amendments made to such an agreement, to be deposited in
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(a) the National Archives of Canada;
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Clause 51: The relevant portion of section 25 reads as
follows:
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25. The Minister shall cause a copy of each self-government
agreement that is brought into effect and of any amendment made to
such an agreement, certified by the Minister to be a true copy, to be
deposited in
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(a) the National Archives of Canada;
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