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| 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.
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| Surplus
Crown Assets
Act not to
apply
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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.
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| 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.
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| 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.
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| Use of funds
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(3) Amounts referred to in subsection (1)
shall be used in accordance with any terms and
conditions attached to them.
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| 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.
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| Production of
original
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(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.
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| 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
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(a) in the case of an individual, to the fine
referred to in subsection 787(1) of the
Criminal Code; and
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(b) in the case of a corporation, to the fine
referred to in paragraph 735(1)(b) of that
Act.
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| 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).
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| 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.
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| R.S., c. C-42
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|
|
| 1997, c. 24,
s. 6
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21. Subsection 7(4) of the Copyright Act is
replaced by the following:
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| 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
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(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
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(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.
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| 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
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(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
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(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.
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|
| 1997, c. 24,
s. 18(1)
|
22. (1) Subsection 30.21(1) of the Act is
replaced by the following:
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|
| 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.
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|
| 1999, c. 31,
s. 60(E)
|
(2) Paragraph 30.21(3)(a) of the English
version of the Act is replaced by the
following:
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|
|
|
(a) the person who deposited the work, if a
copyright owner, did not, at the time the
work was deposited, prohibit its copying;
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|
| 1997, c. 24,
s. 18(1)
|
(3) Subsections 30.21(5) to (7) of the Act
are repealed.
|
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| 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.
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|
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|
|
| R.S., c. A-1
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|
|
| 1990, c. 3,
s. 32 (Sch.,
s. 1(1))
|
23. Paragraph 68(c) of the Access to
Information Act is replaced by the
following:
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|
|
(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'':
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|
National Archives of Canada
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Archives nationales du Canada
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|
National Library
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|
25. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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|
Library and Archives of Canada
|
|
|
|
Bibliothèque et Archives du Canada
|
|
| R.S., c. C-42
|
|
|
| 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
|
|
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|
(a) make a copy of a work or other
subject-matter in taking a representative
sample under subsection 8(2) of that Act;
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|
|
(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;
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|
|
(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
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(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)
|
|
|
| 2000, c. 34,
s. 16
|
28. Paragraph 6.6(d) of the Department of
Veterans Affairs Act is replaced by the
following:
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|
|
|
(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
|
|
|
| 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
|
|
|
| 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
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|
National Archives of Canada
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|
Archives nationales du Canada
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|
National Library
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|
and the corresponding references in column
II to the ``Minister of Canadian Heritage''.
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|
|
31. Schedule I.1 to the Act is amended by
adding the following in alphabetical order
in column I:
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|
|
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
|
|
|
| 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.)
|
|
|
|
|
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;
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|