National Library Act
R.S.C., 1985, c. N-12
An Act respecting the National Library
Short Title
Marginal note:Short title
1 This Act may be cited as the National Library Act.
- R.S., c. N-11, s. 1
Interpretation
Marginal note:Definitions
2 In this Act,
Board
Board[Repealed, 1995, c. 29, s. 60]
book
document
book means library matter of every kind, nature and description and includes any document, paper, record, tape or other thing published by a publisher, on or in which information is written, recorded, stored or reproduced; (document)
Library
Bibliothèque
Library means the National Library; (Bibliothèque)
Minister
ministre
Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)
published in Canada
publié au Canada
published in Canada means released in Canada for public distribution or sale, otherwise than by Her Majesty in right of a province or by a municipality. (publié au Canada)
- R.S., 1985, c. N-12, s. 2
- 1992, c. 1, s. 144(F)
- 1995, c. 29, s. 60
Her Majesty
Marginal note:Binding on Her Majesty
2.1 This Act is binding on Her Majesty in right of Canada.
- 1994, c. 20, s. 1
National Library
Marginal note:National Library continued
3 (1) The National Library is hereby continued.
Marginal note:Books forming part of Library
(2) Every book placed in the care and custody of the National Librarian or delivered to or otherwise acquired by the National Librarian pursuant to this Act, otherwise than by loan, is vested in Her Majesty and forms part of the Library.
- R.S., 1985, c. N-12, s. 3
- 1992, c. 1, s. 144(F)
Administration of Library
Marginal note:Minister
4 The Minister shall preside over and has the supervision of the management and direction of the Library.
- R.S., c. N-11, s. 4
Marginal note:National Librarian
5 (1) The Governor in Council may appoint an officer to be called the National Librarian.
Marginal note:Idem
(2) The National Librarian has the rank and status of a deputy head of a department and, subject to section 4, has the management and direction of the Library.
Marginal note:Tenure and salary
(3) The National Librarian holds office during pleasure and shall be paid such salary as is fixed by the Governor in Council.
- R.S., 1985, c. N-12, s. 5
- 1992, c. 1, s. 144(F)
6 [Repealed, 1995, c. 29, s. 61]
Powers and Duties of National Librarian
Marginal note:Powers and duties of Librarian
7 (1) Subject to the direction of the Minister, the National Librarian shall generally manage and direct the Library in such a manner that the facilities of the Library may be made available to the Government and people of Canada to the greatest extent consistent with the sound administration of the Library and, to that end, the National Librarian may
(a) undertake the collection, by purchase or otherwise, of books for the Library;
(b) compile and maintain a national union catalogue in which the contents of the principal library collections throughout Canada may be listed;
(c) compile and publish a national bibliography in which books produced in Canada, written or prepared by Canadians or of special interest or significance to Canada may be noted and described;
(d) lend, sell or otherwise dispose of books forming part of the Library; and
(e) enter into book exchange agreements with libraries and other institutions in and outside Canada.
Marginal note:Coordination of Government library services
(2) Subject to the direction of the Governor in Council, the National Librarian may coordinate the library services of departments, boards and agencies of the Government of Canada, including
(a) the acquisition and cataloguing of books;
(b) the supply of professional advice, supervision and personnel; and
(c) the provision of modern information storage and retrieval services, including photocopying and microfilming services, electronic and other automated data processing services and facsimile and other communication of information services.
- R.S., 1985, c. N-12, s. 7
- 1992, c. 1, s. 144(F)
Marginal note:Agreements respecting library services
8 The National Librarian may, on terms and conditions approved by the Minister, enter into agreements with libraries and library and educational associations and institutions in and outside Canada in respect of library services, including library services referred to in subsection 7(2).
- R.S., 1985, c. N-12, s. 8
- 1992, c. 1, s. 144(F)
9 to 11 [Repealed, 1995, c. 29, s. 62]
Transfer of Books
Marginal note:Transfer of books to Library
12 (1) The Governor in Council may direct that the books in the care or custody of any department, board or agency of the Government of Canada be transferred from that department, board or agency and placed in the care and custody of the National Librarian.
Marginal note:Surplus books
(2) Notwithstanding the Surplus Crown Assets Act, all books that have become surplus to the requirements of any department, board or agency of the Government of Canada shall be placed in the care and custody of the National Librarian.
Marginal note:Surplus Crown Assets Act not to apply
(3) The Surplus Crown Assets Act does not apply to any books placed in the care and custody of, delivered to or otherwise acquired by the National Librarian pursuant to this Act.
- R.S., 1985, c. N-12, s. 12
- 1992, c. 1, s. 144(F)
New Publications
Marginal note:Required deposit of copies of new books
13 (1) Subject to this section and the regulations, the publisher of a book published in Canada shall, at the publisher’s own expense and within one week after the date of publication, send two copies of the book to the National Librarian, who shall give to the publisher a written receipt therefor.
(2) [Repealed, 1994, c. 20, s. 2]
Marginal note:Regulations
(3) The Minister may make regulations
(a) respecting the quality of the copies required to be sent to the National Librarian of any book the copies of which are not of uniform quality;
(b) prescribing the classes or kinds of books in respect of which only one copy is required to be sent to the National Librarian; and
(c) prescribing the classes or kinds of books in respect of which no copies are required to be sent to the National Librarian unless specifically requested by the National Librarian.
Marginal note:Offence and punishment
(4) Every publisher of a book published in Canada who contravenes this section or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding the amount referred to in
(a) subsection 787(1) of the Criminal Code, in the case of an individual; or
(b) paragraph 735(b) of that Act, in the case of a corporation.
Marginal note:No imprisonment in default of fine payment
(5) Subsection 787(2) of the Criminal Code does not apply in respect of a fine imposed for an offence under this section.
Marginal note:Enforcement of fines
(6) Where a fine that is imposed on a person is not paid forthwith,
(a) the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in any civil court in Canada, other than the Federal Court, that has jurisdiction to enter a judgment for that amount; and
(b) that judgment is enforceable against the person in the same manner as if it were a judgment rendered against that person in that court in a civil proceeding by Her Majesty in right of Canada.
- R.S., 1985, c. N-12, s. 13
- 1992, c. 1, s. 144(F)
- 1994, c. 20, s. 2
- 1995, c. 22, s. 18
Financial
Marginal note:Special Operating Account
14 (1) There shall be credited to the special account in the accounts of Canada, called the National Library Special Operating Account, all amounts received for the purpose of the Library by way of donation, bequest or otherwise.
Marginal note:Required amounts payable out of Account or appropriations
(2) All amounts required for the purposes of this Act may be paid out of the National Library Special Operating Account or out of any moneys appropriated by Parliament therefor.
- R.S., c. N-11, s. 12
- 1980-81-82-83, c. 17, s. 18
Report to Parliament
Marginal note:Annual report
15 (1) The National Librarian shall within three months after the end of each fiscal year submit to the Minister a report, in the form required by the Minister, of all proceedings under this Act for the fiscal year.
Marginal note:Tabling report
(2) The Minister shall cause the report submitted under subsection (1) to be laid before Parliament within fifteen days after the receipt thereof by the Minister or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.
- R.S., 1985, c. N-12, s. 15
- 1992, c. 1, s. 144(F)
- Date modified: