Bill C-36

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	RECOMMENDATION
	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''.
	SUMMARY
	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.
	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.
	This enactment amends the Copyright Act by providing for a longer term of protection for unpublished or posthumously published works of authors who died before 1949.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 Furthermore, requirements for archives holding unpublished works in their collections that were deposited before 1999 to obtain consents from copyright holders for the making of certain copies of those works and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.
	This enactment makes several consequential amendments to relevant legislation and contains transitional provisions and coordinating amendments.
	EXPLANATORY NOTES
	Copyright Act
	Clause 21: Subsection 7(5) is new. Subsection 7(4) reads as follows:
	(4) Where
	(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,
	(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
	(c) the relevant death referred to in subsection (1) occurred more than fifty years before the coming into force of this section,
	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.
	Clause 22: (1) Subsection 30.21(1) reads as follows:
	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.
	(2) The relevant portion of subsection 30.21(3) reads as follows:
	(3) The archive may only copy the work if
	(a) the person who deposited the work, if a copyright owner, does not, at the time the work is deposited, prohibit its copying;
	(3) Subsections 30.21(5) to (7) read as follows:
	(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).
	(6) The archive must make a record of any copy made under subsection (5) and keep it available for public inspection, as prescribed.
	(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.
	Access to Information Act
	Clause 23: The relevant portion of section 68 reads as follows:
	68. This Act does not apply to
	. . .
	(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.
	Copyright Act
	Clause 26: Section 30.5 and the heading before it read as follows:
	National Archives of Canada
	30.5 The National Archives of Canada may
	(a) make a copy of a recording, as defined in section 8 of the National Archives Act, for the purposes of that section; and
	(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.
	Clause 27: Subsection 30.8(7) reads as follows:
	(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.
	Department of Veterans Affairs Act
	Clause 28: The relevant portion of section 6.6 reads as follows:
	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:
	. . .
	(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.
	Excise Tax Act
	Clause 29: The relevant portion of subsection 295(5) reads as follows:
	(5) An official may
	. . .
	(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;
	Historic Sites and Monuments Act
	Clause 32: The relevant portion of subsection 4(1) reads as follows:
	4. (1) A Board to be called the Historic Sites and Monuments Board of Canada is hereby established, consisting of eighteen members as follows:
	(a) the National Archivist of Canada;
	Income Tax Act
	Clause 33: The relevant portion of subsection 241(4) reads as follows:
	(4) An official may
	. . .
	(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;
	Nunavut Land Claims Agreement Act
	Clause 34: The relevant portion of section 7 reads as follows:
	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
	(a) the National Archives of Canada;
	Parliament of Canada Act
	Clause 35: Subsection 75.1(2) reads as follows:
	(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.
	Pension Act
	Clause 36: The relevant portion of section 109.1 reads as follows:
	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:
	. . .
	(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.
	Privacy Act
	Clause 37: (1) The relevant portion of subsection 8(2) reads as follows:
	(2) Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed
	. . .
	(i) to the National Archives of Canada for archival purposes;
	(2) Subsection 8(3) reads as follows:
	(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.
	Clause 38: Subsection 10(2) reads as follows:
	(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.
	Clause 39: The relevant portion of subsection 69(1) reads as follows:
	69. (1) This Act does not apply to
	. . .
	(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.
	Proceeds of Crime (Money Laundering) and Terrorist Financing Act
	Clause 42: The relevant portion of section 54 reads as follows:
	54. The Centre
	. . .
	(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).
	War Veterans Allowance Act
	Clause 47: The relevant portion of subsection 30(1.1) reads as follows:
	(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:
	. . .
	(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.
	Youth Criminal Justice Act
	Clause 48: The relevant portion of section 126 reads as follows:
	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
	Clause 49: (1) Subsections 128(2) and (3) read as follows:
	(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.
	(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.
	(2) Subsection 128(6) reads as follows:
	(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.
	Yukon First Nations Land Claims Settlement Act
	Clause 50: The relevant portion of section 15 reads as follows:
	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
	(a) the National Archives of Canada;
	Yukon First Nations Self-Government Act
	Clause 51: The relevant portion of section 25 reads as follows:
	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
	(a) the National Archives of Canada;