Debates of May 13th, 2003

Library and Archives of Canada Act

[Christiane Gagnon, Bloc, Québec, QC]

Mr. Speaker, I will continue the speech that I started before oral question period regarding the bill to establish the Library and Archives of Canada. As I was saying earlier, there are several issues underlying this bill.

We, in the Bloc Quebecois, will not support this bill.

This new institution replaces the National Library and the National Archives of Canada and will be named Library and Archives of Canada. So there is a merger as well as a new name. It is difficult to oppose the name, and we have no problem with it. The problems come further on in the bill.

The library community, including the Association pour l'avancement des sciences et des techniques de la documentation, or ASTED, is not really in favour of a merger between the National Library and the National Archives of Canada because it believes that the missions of these two organizations are totally different. The National Library provide services to libraries and, on occasion, to people, whereas the National Archives are mostly responsible for the conservation of our documentary heritage. The Bloc Quebecois also finds it very difficult to reconcile the missions of both institutions because they have different goals and different objectives.

I received many letters from various libraries in Quebec detailing their concerns about this merger. Librarians and archivists receive very different training. The merger of these two institutions could create problems. The Bloc Quebecois believes, instead, that a more indepth study should have been done before the bill was introduced.

Another problem is that the librarian and archivist will be responsible for the administration of the agency. He or she will answer to the Minister of Canadian Heritage, while the head of this institution will be called the librarian and archivist and will be appointed by the governor in council.

It would have been preferable to have seen legislation similar to the Quebec National Library Act, which went much further in terms of appointing a committee to support the administrator. Five people were also appointed by the government on the recommendation of Quebec's minister for culture and communications. But after consulting with libraries and the publishing industry, as well as with writers' associations and universities, it was decided that three of these people had to be librarians. Of them, one had to be specialized in conservation, the other in mergers, and two people had to be appointed by the city of Montreal. Moreover, two library users, one of whom must be a resident of Montreal, must be elected by their peers, in accordance with the library's regulations.

After the appointment of a librarian and archivist, there is also mention of a committee, but without similar guidelines to ensure that this committee would be more transparent and would not necessarily answer to political authorities. Therefore, in terms of political power and institutions, the Liberal government has a tendency to want to combine the two without any watchdogs ensuring integrity and transparency.

In other areas we have seen how easy this is when reporting directly to a minister, because the guide posts are lacking for greater independence. We have seen the composition of the board of governors of the CBC, and how an institution that ought to be independent is not fully independent as far as policy and administration are concerned, often with the result that the outcome is not what one would expect. And that is unfortunate.

Once again, with this bill they have tried to take a tack that is a bit too close to power for our tastes, and will not give the leeway necessary for institutions of this type.

The Librarian and Archivist has one additional power. He can require government records or records of other libraries to be transferred if he is of the opinion that they are at risk of serious damage or destruction.

The Bloc Quebecois would like more information on these additional powers. The bill says nothing. Will the Librarian and Archivist be entitled to require the patriation of any record he deems to be at risk and if so, what does this comprise? We do not know enough on this to be able to assess the direction this bill is taking.

As far as political power and institutions are concerned, caution is required. Who will be responsible for evaluating the records? Perhaps the Librarian and Archivist ought not to hold all this power, for fear of abuse. The Bloc Quebecois will work to ensure that these additional powers are in line with the way the various libraries across Canada operate.

The mandate of the Librarian and Archivist, like that of the new institution bringing together the National Library and the National Archives, has been broadened to include the understanding and promotion of Canada's documentary heritage. This is the area in which there must be greater respect of what is being done in Canada.

I know about the Minister of Canadian Heritage's preoccupation, and that of her department. I know they want to have one Canada, coast to coast, to build a nation, without any differences, where history is a one way street and does not respect what is happening elsewhere. This represents an approach that we cannot support.

The Bloc Quebecois feels that the mission of the Librarian and Archivist of Canada must not become politicized. With the promotion of heritage included in its duties, the position is being turned into a political appointment, which runs counter to the primary mission of the Library and Archives of Canada.

This is why Quebec's legislation provided for increased transparency with respect to appointments, with respect to choosing the different people who will sit on the board of the Bibliothèque nationale du Québec. The Bloc Quebecois would like any references to understanding and promoting heritage to be withdrawn from the mission of the Librarian and Archivist of Canada.

The same thing is occurring with the mandate of the CBC. It refers to this notion of Canadian unity, which could prevent certain journalists from expressing themselves freely about what is happening on the ground, because of this dynamic, this “one nation, coast to coast” approach.

What we want is for the powers and responsibilities that are already given to the National Archives and the National Library through their respective legislation to be maintained. The mandate of the new agency is to be broadened to include interpreting our history, which refers to Canada's history.

The Minister of Canadian Heritage's press release states that the purpose of the bill is to give Canadians greater access to their history and culture. Why would the government want to broaden the mandate of the National Archives and the National Library to include interpreting Canada's history?

For example, depending on the university that students attend, and the province in which they live, Canada's history can be taught very differently. There are a thousand and one ways Canada's history can be interpreted. In any case, depending on one's perspective and depending on what a nation, like Quebec, has experienced, the perception of events can vary greatly.

The Library and Archives of Canada cannot promote its own interpretation of the history of Canada and try to convince the public of its historic value. The role of the Library and Archives of Canada should therefore be to make historical information available, and not to produce its own version and then propagate it across Canada as a propaganda tool.

I think that caution is in order. Thought should be given to broadening the debate and allowing the various interpretations of Canadian history to coexist in Canada. There is no need for this constant effort to promote a coast to coast identity which is the same from Prince Edward Island to British Columbia.

I know this because we travelled across Canada with the Standing Committee on Canadian Heritage. There are many realities in Canada, and this explains why Newfoundland is seeking to get a jurisdiction back. It also explains why, in Quebec, the situation has evolved in such a way that the interests of Quebec are often threatened by all sorts of interpretations made in the name of Canadian unity.

To have this new agency, the Library and Archives of Canada, interpret history so that it can be better understood by Canadians reflects incredible arrogance on the part of the federal government and basically has a political flavour. The Bloc Quebecois believes that the broader mandate given to the new agency is solely designed to serve objectives of propaganda in connection with Canadian unity. The new mandate is contrary to the neutrality objectives historically pursued by the National Library and the National Archives.

The government is trying to impose its own vision of Canadian history. The Bloc Quebecois will do everything in its power to preserve the exceptional reputation that the National Library and the National Archives have always enjoyed.

The Bloc Quebecois demands that any reference to the interpretation of the history of Canada be removed from the mandate of the Library and Archives of Canada. This is part of a Trudeau-style nation-building effort and, as I said, seeks to instill a sense of belonging based on a single version of the history of Canada.

There is one other irritant: the creation of an advisory council to be appointed by the Minister of Canadian Heritage.

As I was saying, we took a different approach when we instituted the Quebec National Library Act. The advisory council will advise the chief executive of the new agency on the promotion and accessibility of Canada's documentary heritage.

This is an extremely important role and requires transparency and freedom of action. Because of this arrangement, we have reason to believe that Canadian Heritage, with its vision of Canadian unity, may be able to influence this council and hinder it in some ways. The role of the council is to advise the Librarian and Archivist, to make the documentary heritage known to Canadians and to anyone with an interest in Canada, and to facilitate access to it. Members of the advisory council will still be appointed by the Minister of Canadian Heritage.

We feel it is unacceptable for council members to be selected by the heritage minister, particularly given the mandate of the new Library and Archives of Canada. Its supervisor will be the Minister of Heritage, whoever that will be when the bill takes effect.

Giving the council the mandate of promoting history and heritage makes for an undeniable lack of neutrality. We fault this also in other federal institutions that report to ministers and have a similar dynamic. The CBC is one patent example of this. If we add to this the fact that its members are appointed by the minister, how can the public be convinced of the council's neutrality?

Thus the Library and Archives of Canada are, or could be, politically influenced, because the Minister of Heritage has the power to appoint whomever she wants to the council. Greater transparency would have been preferable, through the appointment of people from the community as well as outsiders, ordinary citizens.

The Bloc Quebecois feels that the creation of an advisory council with the mandate of promoting the history of Canada is useless because this is contrary to its historical mandate. A new power aimed at preserving Canada's heritage on the Internet—another aspect of the bill—is allocated to the Librarian and Archivist.

I do not think that the Bloc Quebecois sees this new way of collecting information as innovative and indicative of a deep understanding of new information sources. However, everything seems to have been thrown together in the bill that is before us today. It is unfortunate because the Bloc Quebecois would have liked to support certain aspects of the bill, including this new power to preserve Canada's documentary heritage as found on the Internet. We cannot be against that.

However, we will oppose this bill because we are against the principle underlying another aspect of the bill. Because the government wants to mix together all kinds of issues in this bill, the Bloc Quebecois will not be able to support it. This is unfortunate, and I was very upset to have to say no. We will not be supporting this bill even though I found certain aspects of it very interesting and the idea of adjusting to new technologies very refreshing.

Another aspect of the bill is that it amends the Copyright Act by providing for a longerterm of protection for unpublished works ofauthors who died before 1949.

In 1997, substantial changes were made to the act through Bill C-32. Before these changes, unpublished works of authors enjoyed perpetual protection under the Copyright Act. The amendments made through Bill C-32 were very controversial. Historians, academics, archivists and genealogists put a lot of pressure on the government to shorten the transition period so that archival documents would become public more rapidly.

Those whose interests were compromised, namely the heirs of authors whose works would soon become public, launched a campaign to extend the protection for unpublished works so they would have more time.

We supported this amendment to section 7 of the Copyright Act. The amendment to subsection 7(4) would extend the copyright protection until December 31, 2003 for unpublished works of authors who died before January 1, 1930. New subsection 7(5) provides that, where the death of the author occurred before December 31, 1929 and before January 1, 1949, copyright on his or her unpublished works is protected until December 31, 2017. In either case, unpublished works published before the copyright protection has expired would be protected for another period of 20 years.

We are in favour of these amendments providing for a longer term of copyright protection to allow heirs to publish works that had remained unpublished. Also, if a particular work is published before its protection expires, the copyright is then extended by 20 years. This is a measure that the Bloc Quebecois approves. But here again, efforts were made to mix everything up and try to make more propaganda. That is unfortunate because, as a result, the Bloc Quebecois will not be able to support this bill.

Another aspect of the act is the Depository Services Program, or DSP, which was established in 1927 to supply libraries with government publications. It ensures that the Canadian public has equal and immediate access to Government of Canada information by distributing these publications to a network of more than 790 libraries in Canada and another 147 institutions around the world holding collections of Canadian government publications.

In September 2002, without any consultation of the public, this program was merged with government publishing at Communications Canada, and it is now administered by Communications Canada. Concern grew about the instability of this program in recent years. In November 2002, Communications Canada agreed to look into the matter. I am trying to provide a little background on how the change came about.

Discussions then started on a recommendation by members of the library community to transfer the DSP to the Library and Archives of Canada. While the federal government seems to be open to this suggestion, there has been no further contact with the library community, and nothing has filtered through the discussions between government agencies.

The Bloc Quebecois believes that the government should end its silence and discuss this openly with the library community. Moreover, the DSP ought to be integrated into the new institution proposed by the government as quickly as possible. It is not mentioned in the bill.

In short, we have objections regarding the bill to establish the Library and Archives of Canada. The Bloc Quebecois has reservations about the Library and Archives of Canada, because the library community is opposed to the merger bill, which makes us question its usefulness.

The Bloc Quebecois considers that the enlarged mandate of the new institution is aligned with Canadian propaganda goals, and that the new mandate will interfere with the neutrality the library and archives have always displayed. The federal government wants to impose its view of Canadian history, and the Bloc Quebecois knows what it is talking about when it says the federal government wants to impose its view.

The Bloc Quebecois also demands that all references to interpretation of the history of Canada, the goal of such interpretation being Trudeau-style “nation building”, and to instilling a feeling of belonging to a so-called Canadian version of the history of Canada, be removed from the mandate of the Library and Archives of Canada.

Further, it is unacceptable to see an advisory council selected by the Prime Minister alone. Here, too, we have concerns. The position of Librarian and Archivist of Canada thus becomes a political appointment, just like the council.

The Bloc Quebecois is in favour of the amendments to the Copyright Act. What is most frustrating is that we would have liked to split this bill with regard to the non-partisan aspects, such as the Copyright Act, and give our support. That would have provided much stronger protection for copyright, and thus, more time for the heirs to publish hitherto unpublished works. In addition, if a work is published before its protection expires, the copyright is prolonged by 20 years; the Bloc Quebecois thinks this is a good provision.

So, the general position with regard to this bill is to strongly encourage the federal government to split Bill C-36 in two, so that the positive measures related to copyright can be adopted. The Bloc Quebecois considers the part of the bill on the new Library and Archives of Canada to be pure Liberal government propaganda. The Bloc Quebecois will therefore vote against the bill, unless the bill is split in two, so that it can be studied more carefully.

I hope that the considerations mentioned by the Bloc will be taken into account. We do not oppose everything in the bill. We are not throwing the entire bill out. But it is a shame, because we cannot make any suggestions. The government should make an effort and listen to the Bloc and the other stakeholders, who are also concerned about these political appointments, be they at the CBC or the new Library and Archives of Canada. Obviously, there are political appointments.

Furthermore, the appointment of the entire committee will be political, because it will be appointed by the Minister of Canadian Heritage. She is known for using her influence to frequently silence administrators in institutions under her responsibility. This does not just happen at Canadian Heritage. It happens in other areas too.

I have outlined the Bloc's main points regarding Bill C-36, which is quite disappointing. As I stated at the beginning, since the Liberal Party came to power in 1993, the programs and bills from Heritage Canada, for one, are all identical, because the aim is to create a feeling of belonging from coast to coast.

It is well known that some subtleties are being overlooked. There are the Alliance members with their region. There are also subtleties with respect to Canada and its history. There are other subtleties in Quebec. Historians do not all share the same vision about Canada's birth. It is well known that the Minister of Canadian Heritage loves to minimize, for example, the birth of Quebec, by recalling other historical perspectives.

It would be extremely beneficial to this bill to show openness and understand certain aspects of the history of the birth of Quebec and Canada. An effort could at least have been made to try to better understand what is being said about some Canadian historians. As a result of the mandate given to the Library and Archives of Canada, the Bloc cannot support this bill.

[The Acting Speaker (Ms. Bakopanos)]

Order, please. It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Winnipeg North Centre, Financial Institutions; the hon. member for Renfrew—Nipissing—Pembroke, National Defence.

[Wendy Lill, NDP, Dartmouth, NS]

Madam Speaker, it is my pleasure to speak to Bill C-36 regarding the wisdom of the merger between the national archives and the national library. These are two cultural institutions that mean a great deal to me and also to Canadians and Canadian culture.

Within my first year of being an MP, and as our new culture critic, I was asked to comment on the consultation by Dr. John English on this subject. In 1998, to prepare a submission for Dr. English, I looked into the background of the library and the archives and frankly was not happy with what I found.

It was obvious that because of the serious cuts of the 1990s the archives and the library were both placed under stress and were in peril. The parliamentary allocation for the national archives in 1990 was $65 million and the allocation for the library was $40 million. By 1998 both institutions saw an actual cut of one-third and a real dollar or inflation adjusted cut amounting to one-half of their budgets. Suddenly archivists had to decide which historical collections of national significance were going into the blue box. The cuts meant that the papers of labour leaders, business leaders, politicians, feminists and journalists, plus aboriginal histories and the stories of new Canadians, were lost to historians forever because the collections were not being accepted and processed by an archive that was struggling to exist. This has meant that historians will look to our national collections for the stories of our ancestors and will find some of them missing.

Some Liberals have said that the cuts of the former finance minister were historic. In the case of the archives, I think the cuts have been anti-history. The archives were at least able to cope with the draconian cuts by trimming collections, but the library did not have this option because of the nature of their mandate. Parliament has dictated by law that the national library must collect two copies of every publication in Canada. It has no option about its acquisitions. We have told them to be the national repository of all our books, papers and magazines. This chamber has said that the national library is our collective meeting place for writers, poets, journalists and other muses. It represents the central coordinator for our greatest national literary network, our public libraries.

For the national library, those cuts meant that its physical plants deteriorated. There were staff cuts, there were roof leaks, the pipes burst and new books had to be put into boxes and then put into warehouses. The greatest enemy to preserving paper is water. A book does not survive when the roof leaks. Old paper copies of documents do not survive when the water pipes burst. Old diaries disintegrate when they are kept in cardboard boxes due to a lack of space and staff.

News reports say that there have been more 45 incidents in the last decade where water damage has threatened the national library and Archives collections housed at 395 Wellington Avenue. This has caused the damage and loss of over 25,000 works. Even attempts to improve the capital plant by building a new preservation centre in Gatineau have been a band-aid solution, for the cuts have meant a lot fewer archivists and without archivists no one takes care of the archives.

The report from Dr. English in the year 2000 called for greater administrative coordination between the two institutions, a coordinating committee of both institutions and the department and more record sharing to allow clients to access records from both institutions in one place. It said that the collection should focus only on Canadian content and that a general merger of everything but the management of the two institutions would be acceptable. However, he stopped short of recommending a complete merger. I will quote from his report. It said:

No brief from any major stakeholding organization recommended that the national archives and the national library be merged. Major archival and library organizations recommended that the positions of National Librarian and National Archivist be maintained as separate positions.

He also strongly supported the view that our archives should continue to be an archive for all Canadians, collecting records of national importance across the country, not just an archive for government records, a view that I strongly support.

The institutions crept along for years. The funding levels evened off at their reduced levels and did not really climb to match inflation. The good news, I guess, is that the Liberals have stopped making things worse, but the funding has not yet been restored.

A couple of interesting things have happened at the library over the last few years, the most exciting being the appointment of Roch Carrier as the national librarian. Mr. Carrier has been successful in raising the profile of the library and the problems at the library within the context of the importance of our national library to our national library system as a whole.

In 2000, in an address to the heritage committee on the book publishing industry, Roch Carrier said:

As national librarian, I must say bluntly, that I do not have the tools in some areas to fulfill our mandate to preserve the published heritage of Canada. The national treasure of original Canadian newspapers, for example, is sitting in horrendous conditions out in an industrial area of Ottawa--with bare, hot light bulbs dangling from the ceiling not far from very brittle, dry newsprint...This is a disaster waiting to happen.

This resulted in heritage committee recommendation 5.2, which stated:

The Committee recommends that in conjunction with the National Librarian and the National Archivist, the Department of Canadian Heritage immediately initiate a planning process to examine the long-term space and preservation needs of both the national archives and the national library.

Sadly, these three year old recommendations have not been acted on. Instead we have seen a continuation of the underfunding, no new building, and this bill calling for a formal merger. Bill C-36 says that the merger is not a cost saving exercise, but given the government's track record it is hard to trust that. I have no philosophical objection to merging these two institutions. I even think there is a strong case to be made that our beloved Library of Parliament should be looked at as an additional partner for merging with the new library and archives of Canada so the research and parliamentary capacity of the proposed institution would be increased and so parliamentarians would have easier access to the broader resources of the national library and Archives.

My quandary with Bill C-36 is not philosophical but is based on the fact that the most obvious and long-standing problems with these two important institutions, funding and mandate, are not being dealt with.

What I am prepared to do today is support the bill in principle, but I give the government warning that the following things need to be dealt with at committee for our support to continue: that the protection of the collection of the archives and library be the first priority in funding and mandate discussions; that no current employees will lose their jobs due to the merger; that the replacement of the roof of the building at 395 Wellington will be only the first step in upgrading and replacing the new institution; that the plans to upgrade and replace be presented to the committee during the bill's study; and that the long term possibility of also including the Library of Parliament in a real, full archival research and repository institution for the history of the country be considered.

I hope we will see for Bill C-36 that there will be a serious consideration within the heritage committee of some of these important factors and an opportunity for us to discuss these important institutions. I warn the government that my tenuous support for the bill will evaporate if I see that the rationale for this bill becomes simply a continuation of the Liberal policy of neglect of our cultural repositories.

[Carole-Marie Allard, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Madam Speaker, I would like to ask my colleague if she sees any strong advantages to having this new agency created.

[Wendy Lill, NDP, Dartmouth, NS]

Madam Speaker, I do see some very strong advantages if in fact it has the resources that are required. The American Library of Congress is one of the greatest institutions in the world and it is the model that we would say would be the best merger model we could look at. If we are serious about strengthening our institutions, I would say that would be the model to look at.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I assume the member would appreciate the extra $15 million we gave for storage space and also for repairing the roof. Perhaps the member could comment on the new function of displaying our heritage. Does she think that is a positive addition to the new organization?

[Wendy Lill, NDP, Dartmouth, NS]

I would like to comment on the money that did go into repair work. It is not enough. I sit on the Library of Parliament committee and we had the opportunity the other day to have a briefing on the construction work being done on the parliamentary library. We did talk openly about the continuing crisis situation facing the national library and the fact that these organizations are all working on the same mission, which is to preserve our heritage. None of these librarians or archivists feel very good about the fact that their sister organization is in such dire straits. Any kind of effort we can make to display our culture and to interest Canadians in our heritage I will always endorse, and I will fight for more of that.

[Gerald Keddy, Progressive Conservative, South Shore, NS]

Madam Speaker, it is with pleasure that I rise on behalf of the PC Party of Canada to speak to 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.

It is important to emphasize that the proposed new library and archives of Canada would have the exact same legal status as presently accorded to both the National Archives of Canada and the National Library. Bill C-36 endeavours to bring both these entities under one umbrella, which would be a departmental agency within the portfolio of the Department of Canadian Heritage.

The creation of the library and archives of Canada would be under the direction of the librarian and archivist of Canada, and accountable to the Minister of Canadian Heritage, as listed in schedule I.1 of the Financial Administration Act.

Most important, all employees of both the National Library and the National Archives of Canada would maintain their existing status as public servants as governed by the Public Service Staff Relations Act. There was some discussion about that from the member for Dartmouth, but perhaps she missed that part of the bill when she was reading it over.

It is important to note that this enactment would modernize the existing functions and powers of the two institutions, use new technology-neutral wording wherever possible, and harmonize activities that were previously conducted individually by both institutions.

The librarian and archivist of Canada, as head of the new institution, would be given additional power to intervene and request the transfer of records created by the Government of Canada when those records are determined to be at risk of serious damage or destruction. We have seen many instances in the past of records and documents in the archives having been destroyed because of neglect of the government.

This position would have the rank and the powers of a deputy head of a government department. It would be a governor in council appointment to serve at pleasure, as is the current status of the National Archivist and the National Librarian.

Bill C-36 would provide for the creation of an advisory council to advise the librarian and archivist of Canada in making known the documentary heritage to Canadians, and to anyone else who has an interest in Canada, and in facilitating access to such heritage.

All of us in this chamber understand the importance of history, tradition and heritage. It is in that vein that Bill C-36 and the establishment of an advisory council would help us all better access and understand Canada's documented heritage.

Some may wonder why it is necessary to appoint a council to achieve this. The mandate of the library and archives of Canada would be to make known the heritage of Canada more strongly than it was in the mandate of either the National Archives or the National Library. The mandate of the new library and archives of Canada would go beyond allowing Canadians to access their heritage, it would make known and facilitate access to Canada's vast and diverse documentary heritage.

This enhanced role would be best achieved with the advice of an independent council with relevant expertise while reflecting the diversity of Canada.

This piece of legislation would provide authors with protection in terms of unpublished works. The amendments, as advocated within Bill C-36, would provide for a longer period of protection for unpublished works by authors who died before 1999. The period of protection would obviously vary, depending on the author's death and the date of publication. However, this initiative is applauded and strongly supported by the PC Party of Canada.

Those who are following the debate today may be wondering what government records would be transferred to the library and archives of Canada. It should be noted that the existing power of the National Archivist is to identify records of historical or archival significance and that would be continued by the librarian and archivist of Canada.

In terms of the powers regarding the transfer of government records, the librarian and archivist would have the power to request the transfer of records with historical and archival value that in the opinion of the librarian and archivist would be at risk of serious damage or destruction. This would remedy an existing void in the National Archives of Canada Act. In order to fulfill its legislative mandate of preserving the documentary heritage of Canada, the librarian and the archivist must have the power to intervene when government records of significance are at risk in order to maintain and ensure their long term preservation. Bill C-36 would achieve this objective.

I alluded earlier to changes to the Copyright Act that would take place in order for the creation of the library of archives of Canada to move forward. Members will recall that in 1997 Bill C-32 significantly amended section 7 of the Copyright Act, which prior to this amendment meant that unpublished works had perpetual copyright protection. This amendment caused various controversies that eventually led the government to reduce the transitional periods.

Briefly, Bill C-36 prescribes for section 7 of the Copyright Act to be amended to allow the extension of the term of protection accorded to unpublished works of Canadian authors who died after 1929 but before 1949. This would be extended until 2017 as opposed to December 2003. This would allow the heirs of an author of such work an opportunity to publish previously unpublished work. If the work were to remain unpublished at the end of this 14 year period, the work would then enter the public domain. If the work were published in this period, it would then be accorded 20 years of copyright protection from the date of publication.

In addition, section 30.21 would be amended to remove the condition that archivists must keep a record of persons who access unpublished works for which copyright has not expired but for which the copyright owner cannot be located. This would remove a condition that is administratively cumbersome and imposes a financial impact that is particularly difficult for smaller archives with limited resources to sustain. On the whole, the Copyright Act is designed to provide a balance between protecting the rights of creators and the benefit to society of the dissemination of their work.

Under this bill, the library and archives of Canada would continue to make its vast holdings available subject to the application of the Copyright Act, as was previously carried out by the National Archives and the National Library. It is important to note that there is no contradiction or discrepancy between the mandate of the library and archives of Canada and the Copyright Act as they both seek to achieve complementary goals. The library and archives of Canada would continue practices permitted under the Copyright Act, to ensure the preservation of documentary heritage materials once within the permanent collection of the library and archives of Canada.

Finally, I would like to address one area before completing my remarks pertaining to this bill. It is clear that the purpose of the new library and archives of Canada would be to collect and to preserve records of significant importance to the Government of Canada. Under this new piece of legislation the library and archives of Canada would continue to collect and document the documentary heritage in the methods previously separately pursued by the National Archives and the National Library of Canada. Further, the library and archives of Canada would continue the responsibility of the National Archives to be the official repository of Government of Canada records.

In addition to these traditional powers, the wording has also been updated to be technology-neutral and the library and archives of Canada would have the new power to take periodic snap shots of the Canadian Internet. The purpose of this activity would be to ensure that the traditional published and unpublished forms of Canadian cultural expression, regardless of the medium used to create that expression, would be sealed and preserved.

It is evident from my remarks that the PC Party of Canada, for the most part, is in support of this legislation and will be supporting it as it goes through this place. We look forward to following the bill through its various stages in Parliament and in committee in the days and the weeks ahead.

I think this is a well-founded bill. It is based on something that was needed and actually makes sense. It is encouraging to see this bill placed before the House.

During the six years that I have been here we have all heard the stories of documents, national treasures, part of our history, and part of our culture being destroyed by leaky roofs, rain water, bursting pipes, cold temperatures, and humidity. This should never have been allowed to happen. After 10 years the government has finally recognized that if it did not do something, there would be nothing left.

I am glad that after a long time and a long wait, and after the destruction of part of our heritage that has occurred while we have been waiting, we have this bill before us. It is the intent of the Progressive Conservative Party of Canada to support its progress through Parliament.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I would like to thank the hon. member for his excellent description of the bill. It was very helpful and he provided a good outline.

I have one question. In his remarks he mentioned that he was glad the archivist would have the power to obtain and protect documents because the government had caused the destruction of many documents. Could the member outline what those documents might be?

[Gerald Keddy, Progressive Conservative, South Shore, NS]

Mr. Speaker, I always appreciate questions from the member for Yukon. He obviously listened to the speech and, therefore, I have no problem answering his question. I do not have the names of the various documents, but I am certain he could search through the materials of the House.

There have been at least a number of times that I am aware of that we have asked questions because of pipes bursting in the library of the National Archives of Canada, as well as rain damage, water damage and humidity problems. I have seen a number of news stories in the brief six years that I have been here where we have lost cultural artifacts and part of our history. I would hope most of it would be recorded on microfilm or that there would be a copy of some sort. There is probably a difference in documents. Rare books and manuscripts might be kept under closer supervision than some of the bulkier documents that would be found in the archives. Without question, we have lost a good deal of material over the last six or seven years.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I said I only had one question, but I have another one.

The one aspect that the member commented on at any length was the one new function of the bill relating to the display of our heritage. Basically we are putting the two institutions together, the library and the archives, but there is a new function, which is the display of our wonderful heritage. I wonder if the member has any comments on that.

[Gerald Keddy, Progressive Conservative, South Shore, NS]

Mr. Speaker, that is a part of the bill I find a bit lacking because we are talking about something that is going to be after the fact. However, I applaud the principle of having better access to and better display of our culture, written, video and Internet heritage, and that is happening daily.

I think it is a good idea. It is something that should have been done a long time ago. To be quite honest with the member for Yukon it is not something I can comment on until I actually see what will be presented, how it will work, how the display will be set up, what type of public access there will be, and if it will be interactive to classrooms across the country. I am not aware of that part of the bill.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I am very pleased to have the opportunity to speak in favour of Bill C-36.

This is a pivotal year. It is the 50th anniversary of the creation of the National Library, and we are now preparing the creation of a new cultural institution that will add to the achievements of the National Library so far.

It may seem odd to some that Canada's National Library is only 50 years old. After all, our country will be 136 years old in July, and the National Archives are 131.

In 1883, it was none other than Sir John A. Macdonald who mentioned that the Dominion of Canada should have a national library.

In 1944, a young MP by the name of Paul Martin—senior—also stressed the importance of creating such an institution. Let me quote him:

The National Library would be an additional symbol of those intangible qualities of mind and spirit, which in the long run make a country truly great. It would be a symbol, too, of the union of two cultures and their complementary contributions toward Canadian unity.

Obviously, there were other important reasons, albeit less symbolic, for the creation of a national library.

By the 1940s it was becoming obvious that the lack of a single national catalogue listing holdings of the most important Canadian libraries was seriously hampering both research and the inter-library lending and borrowing of materials. We have 790 such libraries in Canada now.

Moreover, the country also needed a vast national bibliography that would be kept up to date.

Finally, the National Library was also necessary to compile retrospective bibliographies that would enable Canada to meet its international obligations in this regard. This institution was also going to make it possible to collect and preserve works published in Canada and to make them accessible to the Canadian public.

That is interesting because the progress and the need to preserve and promote Canada's documentary heritage is once again pushing us to create a new cultural entity.

Some of my colleagues have already pointed out the benefits of the proposed legislation. Today, I would like to focus on a key element, namely the new power granted to the Library and Archives of Canada to periodically take samples of the documentary material accessible through the Internet.

To give members a sense of why this is important I would like to quote Mr. Paul LeClerc, president of the New York Public Library, who spoke in 1999 at Schaffer Library at Union College in New York. He said:

“It could be said that libraries have benefited from the most simple and most durable series of principles of all cultural businesses. Since the very beginning of their existence, which goes back to antiquity, libraries have had only three basic functions: to acquire material, to store and preserve it, and to make it accessible to readers”.

The National Library of Canada has carried out those functions with great distinction, and the new entity, the library and archives of Canada, will do so as well. The national headquarters, as hon. members know, is the fifth building this way on Wellington Street.

Indeed, the library and archives of Canada will continue to pursue all the activities now conducted separately by these two institutions. These include collecting Canada's documentary heritage by purchase, by agreement with other levels of government, legal deposit, collections of master copies of recordings and the transfer of Government of Canada records.

However, these traditional activities are supported and strengthened by a new method of building collections, Internet sampling, which will reflect Canadian society thanks to the virtual world.

For example, the library and archives of Canada may wish to preserve a copy of a website of a Canadian department store, let us say Hougen Centre in Yukon; or a beer company, such as Chilkoot Brewing in Whitehorse; or Air North airlines; or perhaps a fan site dedicated to a particular Canadian singer, such as Barbara Chamberlin from Yukon; or a site dealing with the prime ministers of Canada or indeed the deputy prime ministers of Canada, including Erik Nielsen from Yukon.

The purpose is to immortalize a sample of our era and of this new medium, which is both present and virtual and which is changing as fast as new technologies allow.

Taking these snapshots of the Internet that is accessible to the public without restriction is essential if the library and archives of Canada is to succeed in preserving for all future generations a record of the life we have led, the communication tools we have used and the technologies which assisted us.

A few minutes ago, I mentioned that the new institution would have the power to take samples from the Internet. It is important to specify that this only refers to Internet content that is accessible to the public without restriction. Also, it is important to add that even though it is solely for the purpose of preservation, permission to download this material may not be given unless the Copyright Act is amended. Bill C-36 therefore proposes the necessary changes.

These amendments have been developed in consultation with the Department of Industry. Even though the Copyright Act is under review, Bill C-36 has been written with the evolving nature of the current Copyright Act in mind so that it can adapt to future amendments to Canada's copyright regime.

I would like to say more, but I am running out of time. To conclude, I would like to remind the House that the new power to explore and record parts of Canada's presence on the Internet is an excellent example of the broadened mandate of the Library and Archives of Canada. For this reason, I support this bill and, like other Canadians, I welcome the creation of this new institution that will act as a new steward of Canada's documentary heritage.

As you know, this bill represents the realization of a commitment made by the government in its Speech from the Throne on September 30, 2002. At that time, we made a pledge to Canadians to improve access to the history and culture of our vast country, as well as to its other aspects.

I am very encouraged to underline the fact that there is a growing demand for this kind of knowledge. Canadians want to know more about the history and culture of their country, whether it is the genealogical details of their own family, the wonderful achievements of our writers and musicians, the contributions made by members of their community to the growth and development of Canada, or perhaps even the role played by the Government of Canada at some defining moment in our history.

It is the duty of our government to respond to this demand and the new knowledge institute this bill will create will be the ideal tool for attaining this objective. To that end, the Library and Archives of Canada will benefit from a much broader mandate than those of the two existing organizations.

The mandate for this new agency will be established on the foundation of the respective mandates of the National Library and the National Archives of Canada. However it will also include a new component, which is the interpretation of our heritage and the exhibitions of its collections.

The new organization will take advantage of all the resources and all the expertise of both original entities to fulfill this broader mandate. Think of all the possibilities that this represents. Think of all the new horizons that will soon open for us.

Already we have some sense of the tremendous potential of the library and archives of Canada. The two bodies are already working closely together to serve Canadians through the new Canadian Genealogy Centre.

In cooperation with the Department of Canadian Heritage and other partners, such as the Société de généalogie de l'Outaouais, the Library and Archives of Canada has launched this new website on genealogy and the history of families.

As the House no doubt knows, the Canadian Genealogy Centre is a one stop shop providing electronic access to the genealogical resources in Canada. The centre offers genealogical content, services, advice, research tools and opportunities to work online on joint projects, all in both official languages.

This service is offered in response to a growing demand for genealogical information from Canadians.

The goal of the centre is to foster the discovery of our roots and our family histories as a basic part of our Canadian heritage. At the same time, its mission is to encourage the use of genealogy and the resources available in libraries and archives as tools for lifelong learning.

In addition to this new centre, the National Archives collections will also be used to create the Portrait Gallery of Canada, a new jewel in the crown of our Canadian heritage.

The vision of the new Portrait Gallery of Canada is to emphasize portraits of people from all walks of life who have contributed to the development of Canada, not only decision makers and famous public figures but people from every social background. I think that it is a powerful example of equity and fairness.

The Portrait Gallery of Canada will link Canadians together through the preservation and consideration of values that have defined us in the past and that continue to support the vision of our existence as a nation, today and into the future.

This wonderful new facility will provide a unique visual history of Canada, interpreted on a human scale, through the faces of individuals who have shaped and continue to shape the history and culture of this nation.

Finally, it will link Canadians together through contemporary and historical exhibitions and new media accessible in person and through the virtual network.

The Canadian Genealogy Centre and the new Portrait Gallery are just two examples of the contribution made by the National Library and the National Archives. Indeed, the two entities already organize exhibitions that explore various aspects of their collections. I am certain that, strengthened by the new mandate provided by the bill, the library and archives of Canada will have no trouble carving our a niche for itself in the cultural sector, thanks to its exhibitions and interpretation activities.

In conclusion, I am happy to point out that the Library and Archives of Canada will take full advantage of new technologies to better respond to the ever growing desire of Canadians for simplified access to knowledge, to their history and to their documentary heritage in all its diversity.

These are some of the reasons why I support this bill. I encourage all members to join with me in voting in favour of Bill C-36, which will enable us to better promote our documentary heritage for the greater pleasure of those who want to gain a better knowledge of it.

I will close with a few personal comments. The first is a suggestion. In other jurisdictions where there has been an amalgamation, sometimes the actual name of the organization gets lost in telephone directories and government directories. It becomes very difficult to find the organization. If it is called archives and libraries Canada and someone is looking for libraries, it would not be under the “L” listings.

I hope that the people organizing directories in the government and information services and web pages will take that into account. A double listing is needed, one for “libraries” and one for “archives”. To a large extent those are separate functions and people will be looking for those individual functions.

I also want to pay tribute to the wonderful people who staff our libraries across the country. As I said, there are 790 libraries. In fact, our documentation is also found in 147 institutions internationally. Those people are the silent heroes who no one sees. They work very hard in very quiet places which often do not have windows. Those people have an impact on the future of our nation. Usually it is not dangerous work, but we must remember that the most beautiful part of our Parliament buildings was saved by a librarian who closed the metal door to the library. The rest of the building burned down but the most beautiful part was saved for our heritage. I think that was in 1916...

More important, librarians historically have been the gatekeepers by paper but now also by the Internet to a vast resource of knowledge for our children and our future. Many books have had a big influence on my life. Who Is The Chairman of This Meeting? would be one of them.

How many people, in the very difficult times in their lives through tragedy or desperation, have thought of the words of William Shakespeare “Come what come may, time and the hour run through the roughest day”?

How many people have not realized how important institutions such as this are when the veil of civilization is so thin as outlined in Lord of the Flies ? For those who say books and librarians do not have an impact, what impact has Kahlil Gibran's book The Prophet had or the Koran or the Bible on our civilization?

Librarians perform such a valid function for children. We all know the most influence in a child's life is in its formative years. I still remember the book The Little Engine That Could . It had an effect on my life.

[An hon. member]

I think I can, I think I can.

[Larry Bagnell, Liberal, Yukon, YT]

That is right. In fact I read it a week ago to a group of school children in Yukon.

I am delighted at the additional resources to preserve and protect our archives. The poet who wrote the book that has sold the greatest number of volumes in history is Robert Service. There needs to be a lot more of his work collected in the national archives. An opportunity was missed recently to have a large collection. There are not too many.

I applaud this new effort. I hope that for one of our greatest selling poets it will be one of the early displays of heritage under this new role.

Business Of The House

[Geoff Regan, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I rise on a point of order. I understand there is agreement that when the House is in committee of the whole on the main estimates later this day, the 20 minute speaking times will be assigned to parties and that each respective party shall assign speaking times to one or more members in that 20 minute segment.

I believe you will find consent to make this an order, Mr. Speaker.

[The Acting Speaker (Mr. Bélair)]

Is there unanimous consent?

[Some hon. members]

Agreed.

Committees of the House

[Geoff Regan, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, there have been discussions among the parties and I think you would find unanimous consent for the following motion. I move:

That, in relation to the 2003 Conference of the Canadian Council of Public Accounts Committees, seven (7) members of the Standing Committee on Public Accounts be authorized to travel to Winnipeg, Manitoba, from September 14 to 16, 2003, and that the necessary staff do accompany the Committee.

[The Acting Speaker (Mr. Bélair): The Acting Speaker (Mr. Bélair)]

The House has heard the termes of the motion. Is there unanimous consent to adopt the motion?

[Some hon. members]

Agreed.

(Motion agreed to)

The House resumed consideration of the motion 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, be read the second time and referred to a committee.

Library and Archives of Canada Act

[The Acting Speaker (Mr. Bélair)]

Is there unanimous consent to call it 5:30 p.m.?

[Some hon. members]

Agreed.

[Some hon. members]

No.