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)
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Assented to 2004-04-01
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
An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence
SUMMARY
This enactment creates the Library and Archives of Canada as the successor to the National Library and the National Archives of Canada and provides for the appointment of its head, the Librarian and Archivist of Canada.
This enactment provides for functions and powers of the Librarian and Archivist that are a modernization of the present functions and powers of the National Librarian and National Archivist of Canada and integrates their formerly distinct missions. The regime for legal deposit of publications has also been updated to provide for the deposit of electronic publications. A new power to preserve the documentary heritage of Canada as found on the Internet has also been introduced.
This enactment amends the Copyright Act by providing for a longer term of protection for unpublished or posthumously published works of authors who died before 1949. The new terms of protection are extended for varying periods, depending on the date of the author's death and whether or not the work is published during the particular periods in question. Furthermore, requirements for archives holding unpublished works in their collections that were deposited before 1999 to obtain consents from copyright holders for the making of certain copies of those works and related recordkeeping or owner tracing requirements have been removed.
This enactment makes several consequential amendments to relevant legislation and contains transitional provisions and coordinating amendments.
Preamble
WHEREAS it is necessary that
(a) the documentary heritage of Canada be preserved for the benefit of present and future generations;
(b) Canada be served by an institution that is a source of enduring knowledge accessible to all, contributing to the cultural, social and economic advancement of Canada as a free and democratic society;
(c) that institution facilitate in Canada cooperation among the communities involved in the acquisition, preservation and diffusion of knowledge; and
(d) that institution serve as the continuing memory of the government of Canada and its institutions;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Library and Archives of Canada Act.
INTERPRETATION AND APPLICATION
Marginal note:Definitions
2. The definitions in this section apply in this Act.
“documentary heritage”
« patrimoine documentaire »
“documentary heritage” means publications and records of interest to Canada.
“government institution”
« institution fédérale »
“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.
“government record”
« document fédéral »
“government record” means a record that is under the control of a government institution.
“Librarian and Archivist”
« Version anglaise seulement »
“Librarian and Archivist” means the Librarian and Archivist of Canada appointed under subsection 5(1).
“Minister”
« ministre »
“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.
“ministerial record”
« document ministériel »
“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.
“publication”
« publication »
“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.
“record”
« document »
“record” means any documentary material other than a publication, regardless of medium or form.
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