Library and Archives of Canada Act (S.C. 2004, c. 11)

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.

Marginal note:Public opinion research

15.1 Every department, as defined in section 2 of the Financial Administration Act, shall, within six months after the completion of any data collection done for the purposes of public opinion research carried out under a contract at the request of the department and for the exclusive use of Her Majesty in right of Canada, send to the Librarian and Archivist the written report referred to in subsection 40(2) of the Financial Administration Act.

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.

Amendments to the Copyright Act

21 [Amendments]

Consequential Amendments

Access to Information Act

22 [Amendment]

23 [Amendment]

24 [Amendment]

Copyright Act

25 [Amendment]

26 [Amendment]

Department of Veterans Affairs Act

27 [Amendment]

Excise Tax Act

28 [Amendment]

Financial Administration Act

29 [Amendment]

30 [Amendment]

Historic Sites and Monuments Act

31 [Amendment]

Income Tax Act

32 [Amendment]

Injured Military Members Compensation Act

33 [Amendment]

Nunavut Land Claims Agreement Act

34 [Amendment]

Parliament of Canada Act

35 [Amendment]

Pension Act

36 [Amendment]

Privacy Act

37 [Amendments]

38 [Amendment]

39 [Amendment]

40 [Amendment]

41 [Amendment]

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

42 [Amendment]

Public Sector Compensation Act

43 [Amendment]

44 [Amendment]

Public Service Staff Relations Act

45 [Amendment]

46 [Amendment]

War Veterans Allowance Act

47 [Amendment]

Youth Criminal Justice Act

48 [Amendment]

49 [Amendments]

Yukon First Nations Land Claims Settlement Act

50 [Amendment]

Yukon First Nations Self-Government Act

51 [Amendment]

Transitional Provisions

Marginal note:No continuation in office

• 52 (1) The persons who were the National Archivist of Canada and the National Librarian immediately before the coming into force of section 55 cease to hold those offices on the coming into force of subsection 5(1).

• Marginal note:Transfer of existing holdings

  (2) The records and publications that constituted the collections of the National Archives of Canada and the National Library immediately before the coming into force of section 55 are transferred to the Librarian and Archivist subject to any terms and conditions that were applicable to those records and publications.

• Marginal note:Continuation of personnel

  (3) Every person who was, immediately before the coming into force of section 55, an employee employed in the National Archives of Canada or the National Library is an employee of the Library and Archives of Canada.

• Marginal note:Transfer of funds

  (4) All amounts that were in the accounts of Canada called the National Archives of Canada Account and the National Library Special Operating Account immediately before the coming into force of section 55 are transferred to the Library and Archives of Canada Account.

• Marginal note:References

  (5) Unless the context requires otherwise, “National Archives of Canada” and “National Library” are replaced by “Library and Archives of Canada” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred by or under an Act of Parliament, or

    • (ii) by or under the authority of the Governor in Council.

• Marginal note:References

  (6) Unless the context requires otherwise, “National Archivist of Canada” and “National Librarian” are replaced by “Librarian and Archivist of Canada” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred by or under an Act of Parliament, or

    • (ii) by or under the authority of the Governor in Council.

• Marginal note:References

  (7) Unless the context requires otherwise, a reference in any contract or other document to

  • (a) the “National Archives of Canada” or the “National Library” shall be read as a reference to the “Library and Archives of Canada”; and

  • (b) the “National Archivist of Canada” or the “National Librarian” shall be read as a reference to the “Librarian and Archivist of Canada”.

Coordinating Amendments

53 [Repealed, 2012, c. 19, s. 751]

54 [Amendments]

Repeals

55 [Repeal]

56 [Repeal]

Coming into Force

Marginal note:Order

Footnote ^*57 The provisions of this Act, other than sections 21, 53 and 54, come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 21, 53 and 54 in force on assent April 22, 2004; Act, other than sections 21, 53 and 54, in force May 21, 2004, see SI/2004-58.]