Bill C-36

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	SURPLUS CROWN ASSETS ACT
Surplus publications	16. Despite the Surplus Crown Assets Act, all publications that have become surplus to the requirements of any government institution shall be placed in the care or control of the Librarian and Archivist.
Surplus Crown Assets Act not to apply	17. The Surplus Crown Assets Act does not apply to any record or publication that is in the care or control of the Librarian and Archivist.
	FINANCIAL PROVISIONS
Account	18. (1) There shall be an account in the accounts of Canada called the Library and Archives of Canada Account to which shall be credited all amounts received for the Library and Archives of Canada including by way of gift.
Amounts payable out of Account	(2) Any amounts required for the purposes of this Act may be paid out of the Library and Archives of Canada Account.
Use of funds	(3) Amounts referred to in subsection (1) shall be used in accordance with any terms and conditions attached to them.
	GENERAL
Production of certified copy	19. (1) Subject to subsection (2), if the Librarian and Archivist is compelled to produce a record or publication that is under his or her control, the Librarian and Archivist may certify a copy of it and produce that copy, which is receivable in evidence in the same manner as the original without proof of the signature or official character of the person or persons appearing to have certified it.
Production of original	(2) If the court, tribunal or other entity under whose authority the Librarian and Archivist may be compelled to produce a record or publication is satisfied that it is necessary, taking into account the risks implicit in the production of the original and the importance of its preservation and of continued access to it, to order that the original of the record or publication be produced, the court, tribunal or other entity shall ensure that any measures that are required to protect and preserve it are taken and that it is returned to the care and control of the Librarian and Archivist as soon as it is no longer needed for the purposes of the matter in question.
	OFFENCES AND PENALTIES
Offence and punishment	20. (1) Every person who contravenes subsection 10(1) or the regulations or fails to comply with a request of the Librarian and Archivist under subsection 11(1) is guilty of an offence and liable on summary conviction
	(a) in the case of an individual, to the fine referred to in subsection 787(1) of the Criminal Code; and
	(b) in the case of a corporation, to the fine referred to in paragraph 735(1)(b) of that Act.
No imprisonment in default of fine payment	(2) Despite subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed for default of payment of a fine imposed under subsection (1).
Recovery of fines	(3) A fine imposed under subsection (1) is a debt payable to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or by any manner provided for in any Act of Parliament.
R.S., c. C-42	AMENDMENTS TO THE COPYRIGHT ACT
1997, c. 24, s. 6	21. *Subsection 7(4) of the Copyright Act* is replaced by the following:**
Transitional provision	(4) If the relevant death referred to in subsection (1) occurred before January 1, 1930 , copyright in the work referred to in that subsection subsists
	(a) until December 31, 2003 if it has not been published or performed in public or communicated to the public by telecommunication on or before that date ; and
	(b) if it has been published or performed in public or communicated to the public by telecommunication on or after December 31, 1998 and before January 1, 2004, until its publication or performance in public or communication to the public by telecommunication, whichever happened first , for the remainder of the calendar year of the publication, performance in public or communication to the public by telecommunication, as the case may be , and for a period of 20 years following the end of that calendar year.
Transitional provision	(5) Despite subsection (4), if the relevant death referred to in subsection (1) occurred after December 31, 1929 and before January 1, 1949, copyright in the work referred to in that subsection subsists
	(a) until December 31, 2017, if it has not been published or performed in public or communicated to the public by telecommunication on or before that date; and
	(b) if it has been published or performed in public or communicated to the public by telecommunication on or before December 31, 2017, until its publication or performance in public or communication to the public by telecommunication, whichever happened first, for the remainder of the calendar year of the publication, performance in public or communication to the public by telecommunication, as the case may be, and for a period of 20 years following the end of that calendar year.
1997, c. 24, s. 18(1)	22. (1) Subsection 30.21(1) of the Act is replaced by the following:
Copying works deposited in archive	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.
1999, c. 31, s. 60(E)	(2) Paragraph 30.21(3)(a) of the English version of the Act is replaced by the following:
	(a) the person who deposited the work, if a copyright owner, did not, at the time the work was deposited, prohibit its copying;
1997, c. 24, s. 18(1)	(3) Subsections 30.21(5) to (7) of the Act are repealed.
Application	(4) Subsection (1) applies in respect of unpublished works deposited in an archive on or before September 1, 1999 or at any time after that date.
	CONSEQUENTIAL AMENDMENTS
R.S., c. A-1	Access to Information Act
1990, c. 3, s. 32 (Sch., s. 1(1))	23. *Paragraph 68(c) of the Access to Information Act* is replaced by the following:**
	(c) material placed in the Library and Archives of Canada, 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.
R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 1(3))	*24. Schedule I to the Act is amended by striking out the following under the heading ``Other Government Institutions'':*
	National Archives of Canada
	Archives nationales du Canada
	National Library
	Bibliothèque nationale
	*25. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':*
	Library and Archives of Canada
	Bibliothèque et Archives du Canada
R.S., c. C-42	Copyright Act
1997, c. 24, s. 18(1)	26. *Section 30.5 of the Copyright Act* and the heading before it are replaced by the following:**
	Library and Archives of Canada
Permitted acts	30.5 It is not an infringement of copyright, for the purposes of the Library and Archives of Canada Act, to
	(a) make a copy of a work or other subject-matter in taking a representative sample under subsection 8(2) of that Act;
	(b) effect the fixation of a copy of a publication, as defined in section 2 of that Act, that is provided by telecommunication in accordance with subsection 10(1) of that Act;
	(c) make a copy of a recording, as defined in subsection 11(2) of that Act, for the purposes of section 11 of that Act; or
	(d) at the time that a broadcasting undertaking, as defined in subsection 2(1) of the Broadcasting Act, communicates a work or other subject-matter to the public by telecommunication, make a copy of the work or other subject-matter that is included in that communication.
1997, c. 24, s. 18(1)	27. Subsection 30.8(7) of the Act is replaced by the following:
Definition of ``official archive''	(7) In subsection (6), ``official archive'' means the Library and Archives of Canada or any archive established under the law of a province for the preservation of the official archives of the province.
R.S., c. V-1; 2000, c. 34, par. 94(d)(F)	Department of Veterans Affairs Act
2000, c. 34, s. 16	28. *Paragraph 6.6(d) of the Department of Veterans Affairs Act* is replaced by the following:**
	(d) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.
R.S., c. E-15	Excise Tax Act
1993, c. 27, s. 128(3)	29. *Paragraph 295(5)(h) of the Excise Tax Act* is replaced by the following:**
	(h) provide access to records of confidential information to the Librarian and Archivist of Canada or a person acting on behalf of or under the direction of the Librarian and Archivist , solely for the purposes of section 12 of the Library and Archives of Canada Act, and transfer such records to the care and control of such persons solely for the purposes of section 13 of that Act;
R.S., c. F-11	Financial Administration Act
1995, c. 11, s. 46	*30. Schedule I.1 to the Financial Administration Act* is amended by striking out the references in column I to**
	National Archives of Canada
	Archives nationales du Canada
	National Library
	Bibliothèque nationale
	and the corresponding references in column II to the ``Minister of Canadian Heritage''.
	31. Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I:
	Library and Archives of Canada
	Bibliothèque et Archives du Canada
	and a corresponding reference in column II to the ``Minister of Canadian Heritage''.
R.S., c. H-4	Historic Sites and Monuments Act
R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 2)	32. *Paragraph 4(1)(a) of the Historic Sites and Monuments Act* is replaced by the following:**
	(a) the Librarian and Archivist of Canada;
R.S., c. 1 (5th Supp.)	Income Tax Act
	33. *Paragraph 241(4)(i) of the Income Tax Act* is replaced by the following:**
	(i) provide access to records of taxpayer information to the Librarian and Archivist of Canada or a person acting on behalf of or under the direction of the Librarian and Archivist, solely for the purposes of section 12 of the Library and Archives of Canada Act, and transfer such records to the care and control of such persons solely for the purposes of section 13 of that Act;