GOVERNMENT AND MINISTERIAL RECORDS

Marginal note:Destruction and disposal

• 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.

• Marginal note:Right of access to records

  (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.

• Marginal note:Exception

  (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.

• Marginal note:Right to give access

  (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.

• Marginal note:Security requirements

  (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.

Marginal note:Transfer of records

• 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.

• Marginal note:Regulations

  (2) The Governor in Council may, by regulation, prescribe terms and conditions governing the transfer of records under subsection (1).

• Marginal note:Government records at risk

  (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.

• Marginal note:Records of former government institutions

  (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.

Marginal note:Application

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.

Marginal note:Restricted access to Privy Council confidences

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.

SURPLUS CROWN ASSETS ACT

Marginal note: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.

Marginal note: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

Marginal note: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.

• Marginal note: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.

• Marginal note:Use of funds

  (3) Amounts referred to in subsection (1) shall be used in accordance with any terms and conditions attached to them.

GENERAL

Marginal note: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.

• Marginal note: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

Marginal note: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

  • (a) in the case of an individual, to the fine referred to in subsection 787(1) of the Criminal Code; and

  • (b) in the case of a corporation, to the fine referred to in paragraph 735(1)(b) of that Act.

• Marginal note: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).

• Marginal note: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-42AMENDMENTS TO THE COPYRIGHT ACT

Marginal note:1997, c. 24, s. 18(1)

• 21. (1) Subsection 30.21(1) of the Copyright Act is replaced by the following:

  Marginal note:Copying works deposited in archive

  30.21. 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.

• Marginal note:1999, c. 31, s. 60(E)

  (2) Paragraph 30.21(3)(a) of the English version of the Act is replaced by the following:

  • (a) the person who deposited the work, if a copyright owner, did not, at the time the work was deposited, prohibit its copying;

• Marginal note:1997, c. 24, s. 18(1)

  (3) Subsections 30.21(5) to (7) of the Act are repealed.

• Marginal note: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-1Access to Information Act

Marginal note:1990, c. 3, s. 32 (Sch., s. 1(1))

22. Paragraph 68(c) of the Access to Information Act is replaced by the following:

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 1(3))

23. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:

24. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. C-42Copyright Act

Marginal note:1997, c. 24, s. 18(1)

25. Section 30.5 of the Copyright Act and the heading before it are replaced by the following: