Mr. Speaker, it is my privilege to introduce a proposal for several amendments to the National Library Act. These amendments will enhance the effectiveness of legal deposit provisions for the collection and preservation of publications that are part of our Canadian heritage.
I would like to start with a brief presentation on the problems arising from the existing legislation and the purpose of the proposed amendments.
Basically, the legal deposit provisions oblige publishers to deposit copies of all new publications with the National Library of Canada. The purpose of these provisions is to constitute a complete collection of Canadian publications.
Under the legal deposit provisions of the National Library Act, publishers residing in Canada are required to send the National Library, free of charge, two copies of every new publication. As a safety precaution, the National Library places one of the copies in a preservation collection, to be kept there for future generations. The library places the second copy in a reference collection for consultation by universities, researchers, public servants and the general public. Users may consult the collection at the National Library or through the Canadian interlibrary loan network.
However, the act contains a provision whereby publishers need deposit only one copy if the retail value of the publication exceeds $50. This provision, which has not been changed since 1969, and this has created a problem.
In 1969, very few new publications sold for more than $50. This means that the National Library received two copies of practically all new publications. However, in recent years, the publishing market has changed considerably, and today, many publications cost more than $50. As a result, the number of cases in which the library receives only one copy is increasing steadily.
However, in order to continue to preserve our publications and offer services, and thus fulfil its twofold mandate, the National Library still needs two copies of each publication, so that it is obliged to purchase the second copy it does not receive under existing deposit provisions.
The amendments being proposed would eliminate completely from the act the exemption for second copies based on retail value. In its place is introduced in the book deposit regulations, which are made pursuant to the act, new and more limited exemption criteria that would still permit the deposit of just one copy, but only in instances where the deposit of the second copy would in fact represent a significant financial burden to the publisher.
The book deposit regulations are being revised and will be ready for implementation when the bill is proclaimed. The regulations would permit publishers of limited edition publications, such as livres d'artistes, to deposit only one copy with the National Library.
In an effort to encourage compliance with legal deposit provisions we are proposing the removal of the specific fine of $150 for non-compliance as is stipulated in the current act and replacing it with a provision stating that non-compliance is an offence punishable on summary conviction, rather than continuing to build into the act a precise sum that needs to be updated periodically. The maximum fine of $150 in the current act has not been an effective deterrent for non-complying publishers because often the value of new publications is significantly greater than the maximum fine of $150.
I feel that the proposed penalty provisions would allow the courts to determine the appropriate penalty, as well as to impose a more substantial fine if it were warranted. The act would however explicitly exclude the possibility of imprisonment being imposed as a punishment or for default of payment of a fine.
I would like to point out that non-compliance with legal deposit is already a criminal offence punishable on summary conviction. The specific reference to a maximum penalty is being deleted in order to permit the imposition of a fine up to a maximum imposed under the Criminal Code.
In order to ensure the deposit of federal government publications with the National Library of Canada, we are proposing an amendment to the act that would specify an obligation on the part of the government to deposit with the National Library all federal government publications. Although the deposit of government publications is currently provided for through administrative policy, there is no clear legislative authority for the policy.
There have been consultations with English and French language publishers representing key sectors of the publishing industry such as major trade publishers, text book publishers, magazine publishers, small presses, specialist publishers, microfilm publishers, and publishers of livres d'artistes. They have indicated the proposed amendments together with the regulations will not impose any significant financial burden on publishers.
During consultations, particular attention was paid to Quebec publishers because Quebec has its own system of legal deposit. This means that Quebec publishers must deposit copies with the National Library of Canada as well as la Bibliothéque nationale du Québec. Quebec publishers who were consulted understood and supported the proposed amendments.
Furthermore, the Quebec Department of Culture and the Bibliothèque nationale du Québec were consulted and had no objections to the proposed amendments.
The proposed amendments will make the legal deposit provisions in the act much more effective as an instrument to support the mandate of the National Library. They will ensure the comprehensive collection of our published heritage to support the research and information needs of Canadians today, as well as the future. It is a collection which is an invaluable source of information on Canada's culture and our national identity.