Bill C-36
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2nd Session, 37th Parliament, 51-52 Elizabeth II, 2002-2003
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House of Commons of Canada
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BILL C-36 |
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An Act to establish the Library and Archives
of Canada, to amend the Copyright Act
and to amend certain Acts in
consequence
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Preamble
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WHEREAS it is necessary that
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Library and
Archives of Canada Act.
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INTERPRETATION AND APPLICATION |
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Definitions
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2. The definitions in this section apply in
this Act.
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``documentar
y heritage'' « patrimoine documentaire »
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``documentary heritage'' means publications
and records of interest to Canada.
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``government
institution'' « institution fédérale »
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``government institution'' means a
government institution listed in Schedule I
to the Access to Information Act or the
schedule to the Privacy Act or any
institution designated by the Governor in
Council.
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``government
record'' « document fédéral »
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``government record'' means a record that is
under the control of a government
institution.
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``Librarian
and
Archivist''
Version
anglaise
seulement
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``Librarian and Archivist'' means the
Librarian and Archivist of Canada
appointed under subsection 5(1).
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``Minister'' « ministre »
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``Minister'' means the member of the Queen's
Privy Council for Canada who is designated
by the Governor in Council as the Minister
for the purposes of this Act.
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``ministerial
record'' « document ministériel »
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``ministerial record'' means a record of a
member of the Queen's Privy Council for
Canada who holds the office of a minister
and that pertains to that office, other than a
record that is of a personal or political
nature or that is a government record.
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``publication'' « publication »
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``publication'' means any library matter that is
made available in multiple copies or at
multiple locations, whether without charge
or otherwise, to the public generally or to
qualifying members of the public by
subscription or otherwise. Publications may
be made available through any medium and
may be in any form, including printed
material, on-line items or recordings.
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``record'' « document »
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``record'' means any documentary material
other than a publication, regardless of
medium or form.
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Application
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3. This Act binds Her Majesty in right of
Canada.
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ESTABLISHMENT AND ORGANIZATION |
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Establishment
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4. There is hereby established a branch of
the public service of Canada to be known as
the Library and Archives of Canada presided
over by the Minister and under the direction of
the Librarian and Archivist.
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Appointment
of Librarian
and Archivist
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5. (1) The Governor in Council shall
appoint an officer, to be called the Librarian
and Archivist of Canada, to hold office during
pleasure and to have the rank and powers of a
deputy head of a department.
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Acting
Librarian and
Archivist
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(2) If the Librarian and Archivist is absent
or incapacitated or if the office of Librarian
and Archivist is vacant, the Minister may
appoint a person to act as Librarian and
Archivist, but the term of such an appointment
shall not exceed six months except with the
approval of the Governor in Council.
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Establishment
of Advisory
Council
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6. The Minister may establish an Advisory
Council to advise the Librarian and Archivist
with regard to making the documentary
heritage known to Canadians and to anyone
with an interest in Canada and facilitating
access to it.
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OBJECTS AND POWERS |
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Objects
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7. The objects of the Library and Archives
of Canada are
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Powers of
Librarian and
Archivist
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8. (1) The Librarian and Archivist may do
anything that is conducive to the attainment of
the objects of the Library and Archives of
Canada, including
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Sampling
from Internet
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(2) In exercising the powers referred to in
paragraph (1)(a) and for the purpose of
preservation, the Librarian and Archivist may
take, at the times and in the manner that he or
she considers appropriate, a representative
sample of the documentary material of
interest to Canada that is accessible to the
public without restriction through the Internet
or any similar medium.
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Destruction or
disposal
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9. (1) The Librarian and Archivist may
dispose of any publication or record under his
or her control, including by destruction, if he
or she considers that it is no longer necessary
to retain it.
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Restriction
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(2) Any such disposition is subject to the
terms and conditions under which the
publication or record has been acquired or
obtained.
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LEGAL DEPOSIT |
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Deposit of
publications
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10. (1) Subject to the regulations, the
publisher who makes a publication available
in Canada shall, at the publisher's own
expense, provide two copies of the publication
to the Librarian and Archivist - who shall
acknowledge their receipt - within
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Regulations
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(2) The Minister may make regulations for
the purposes of this section, including
regulations
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Property
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(3) Publications provided to the Librarian
and Archivist under this section belong to Her
Majesty and form part of the collection of the
Library and Archives of Canada.
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OBTAINING ARCHIVAL QUALITY RECORDINGS FOR PRESERVATION PURPOSES |
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Providing
archival
quality copy
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11. (1) If the Librarian and Archivist
determines that a recording that was made
available to the public in Canada has historical
or archival value, he or she may by a written
request require any other person who is legally
entitled to provide such a copy to provide to
the Librarian and Archivist, in accordance
with the terms specified, a copy of that
recording in the form and quality that the
Librarian and Archivist determines is suitable
for archival purposes and specifies in the
request.
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Definition of
``recording''
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(2) In this section, ``recording'' means
anything that requires a machine in order to
use its content, whether sounds, images or
other information.
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Payment for
copy
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(3) The Librarian and Archivist shall
reimburse the person, other than Her Majesty
in right of Canada or one of Her agents, who
provides a copy under subsection (1) for the
actual cost of making that copy.
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Binding on
Crown in
right of a
province
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(4) This section binds Her Majesty in right
of a province.
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Property
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(5) Copies provided to the Librarian and
Archivist under this section belong to Her
Majesty and form part of the collection of the
Library and Archives of Canada.
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GOVERNMENT AND MINISTERIAL RECORDS |
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Destruction
and disposal
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12. (1) No government or ministerial
record, whether or not it is surplus property of
a government institution, shall be disposed of,
including by being destroyed, without the
written consent of the Librarian and Archivist
or of a person to whom the Librarian and
Archivist has, in writing, delegated the power
to give such consents.
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Right of
access to
records
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(2) Despite anything in any other Act of
Parliament, the Librarian and Archivist has a
right of access to any record to whose
disposition he or she has been asked to
consent.
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Exception
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(3) For the purposes of this section, the
Librarian and Archivist may have access to a
record to which subsection 69(1) of the Access
to Information Act applies, only with the
consent of the Clerk of the Privy Council and
to a government record that contains
information the disclosure of which is
restricted by or pursuant to any provision set
out in Schedule II to that Act, only with the
consent of the head of the government
institution in question.
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Right to give
access
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(4) Despite anything in any other Act of
Parliament, any officer or employee of a
government institution may grant to the
Librarian and Archivist access to any record to
whose disposition the Librarian and Archivist
has been asked to consent.
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Security
requirements
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(5) The Librarian and Archivist and every
person acting on behalf or under the direction
of the Librarian and Archivist shall, with
respect to access to records, satisfy any
security requirements applicable to, and take
any oath of secrecy required to be taken by,
persons who normally have access to those
records.
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Transfer of
records
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13. (1) The transfer to the care and control
of the Librarian and Archivist of government
or ministerial records that he or she considers
to have historical or archival value shall be
effected in accordance with any agreements
for the transfer of records that may be made
between the Librarian and Archivist and the
government institution or person responsible
for the records.
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Regulations
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(2) The Governor in Council may, by
regulation, prescribe terms and conditions
governing the transfer of records under
subsection (1).
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Government
records at risk
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(3) If government records referred to in
subsection (1) are, in the opinion of the
Librarian and Archivist, at risk of serious
damage or destruction, the Librarian and
Archivist may require their transfer in the
manner and at the time that the Librarian and
Archivist specifies.
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Records of
former
government
institutions
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(4) Except as otherwise directed by the
Governor in Council, the Librarian and
Archivist shall have the care and control of all
records of a government institution whose
functions have ceased.
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Application
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14. Sections 12 and 13 do not apply in
respect of records that are library or museum
materials kept by a government institution for
reference or exhibition purposes.
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Restricted
access to
Privy Council
confidences
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15. The Librarian and Archivist shall not
provide access to confidences of the Queen's
Privy Council for Canada to which subsection
69(1) of the Access to Information Act applies
without the consent of the Clerk of the Privy
Council.
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