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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 (S.C. 2004, c. 11)

Assented to 2004-04-01

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

26. 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

Marginal note:2000, c. 34, s. 16

27. Paragraph 6.6(d) of the Department of Veterans Affairs Act is replaced by the following:

  • (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-15Excise Tax Act

Marginal note:1993, c. 27, s. 128(3)

28. 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-11Financial Administration Act

Marginal note:1995, c. 11, s. 46

29. Schedule I.1 to the Financial Administration Act is amended by striking out the references in column I to

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

and the corresponding references in column II to the “Minister of Canadian Heritage”.

30. Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I:

  • 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-4Historic Sites and Monuments Act

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 2)

31. 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.)Income Tax Act

32. 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;

2003, c. 14Injured Military Members Compensation Act

33. Paragraph 13(c) of the Injured Military Members Compensation Act is replaced by the following:

  • (c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canda Act, or any predecessor enactment relating to the same subject-matter.

1993, c. 29Nunavut Land Claims Agreement Act

34. Paragraph 7(a) of the Nunavut Land Claims Agreement Act is replaced by the following:

  • (a) the Library and Archives of Canada;

R.S., c. P-1Parliament of Canada Act

Marginal note:2001, c. 36, s. 1

35. Subsection 75.1(2) of the Parliament of Canada Act is replaced by the following:

  • Marginal note:Selection

    (2) The Speaker of the Senate and the Speaker of the House of Commons, acting together, shall select the Parliamentary Poet Laureate from a list of three names submitted in confidence by a committee chaired by the Parliamentary Librarian and also composed of the Librarian and Archivist of Canada, the Commissioner of Official Languages for Canada and the Chair of the Canada Council.

R.S., c. P-6Pension Act

Marginal note:2000, c. 34, s. 41

36. Paragraph 109.1(d) of the Pension Act is replaced by the following:

  • (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. P-21Privacy Act

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(1))

  • 37. (1) Paragraph 8(2)(i) of the Privacy Act is replaced by the following:

    • (i) to the Library and Archives of Canada for archival purposes;

  • Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(2))

    (2) Subsection 8(3) of the Act is replaced by the following:

    • Marginal note:Personal information disclosed by Library and Archives of Canada

      (3) Subject to any other Act of Parliament, personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes may be disclosed in accordance with the regulations to any person or body for research or statistical purposes.

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(3))

38. Subsection 10(2) of the Act is replaced by the following:

  • Marginal note:Exception for Library and Archives of Canada

    (2) Subsection (1) does not apply in respect of personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes.

Marginal note:1990, c. 3, s. 32 (Sch., s. 6(1))

39. Paragraph 69(1)(b) of the Act is replaced by the following:

  • (b) 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.

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(6))

40. The schedule to the Act is amended by striking out the following under the heading “Other Government Institutions”:

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

41. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Library and Archives of Canada

    Bibliothèque et Archives du Canada

2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Marginal note:2001, c. 12, s. 1

42. Paragraph 54(e) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

  • (e) notwithstanding the Library and Archives of Canada Act, shall destroy each report received and all information received or collected on the expiry of the applicable period referred to in paragraph (d).

1991, c. 30Public Sector Compensation Act

43. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

44. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”:

  • Library and Archives of Canada

    Bibliothèque et Archives du Canada

R.S., c. P-35Public Service Staff Relations Act

Marginal note:SOR/87-297

45. Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following:

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

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