Bill C-8
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
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
|
|
|
|
|
|
|
|
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. Subsections 7(2) to (4) of the
Copyright Act are replaced by the following:
|
|
Works public
before
December 31,
1998
|
(2) Subsection (1) applies only in respect of
works that were published, performed in
public or communicated to the public by
telecommunication, as the case may be,
before December 31, 1998.
|
|
Works not
public before
December 31,
1998
|
(3) Where
|
|
|
|
|
|
|
|
|
|
|
|
copyright shall subsist in the work until the
end of 2048, whether or not the work is
published or performed in public or
communicated to the public by
telecommunication after December 30, 1998.
|
|
Works not
public before
December 31,
1998
|
(4) Where
|
|
|
|
|
|
|
|
|
|
|
|
copyright shall subsist in the work until the
end of 2006, whether or not the work is
published or performed in public or
communicated to the public by
telecommunication after December 30, 1998.
|
|
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:
|
|
|
|
|
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:
|
|
|
|
|
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
|
|
|
|
|
|
National Library
|
|
|
|
|
|
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
|
|
|
|
|
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 Librarian and Archivist of Canada
under the Library and Archives of Canada Act,
to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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:
|
|
|
|
|
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:
|
|
|
|
|
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
|
|
|
|
|
|
National Library
|
|
|
|
|
|
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
|
|
|
|
|
|
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:
|
|
|
|
|