Short Title

Marginal note:Short title

1 This Act may be cited as the National Archives of Canada Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Archivist

archiviste

Archivist means the National Archivist of Canada appointed under subsection 3(2); (archiviste)

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 regulations of the Governor in Council as a government institution for the purposes of this Act; (institution fédérale)

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)

ministerial record

documents ministériels

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 under the control of a government institution; (documents ministériels)

record

documents

record includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy thereof. (documents)

National Archives of Canada

Marginal note:Establishment

• 3 (1) There is hereby established a branch of the public service of Canada to be known as the National Archives of Canada presided over by the Minister and under the direction of the National Archivist of Canada.

• Marginal note:Appointment of Archivist

  (2) The National Archivist of Canada shall be appointed by the Governor in Council and shall have the rank and salary and all the powers of a deputy head of a department.

Objects and Functions

Marginal note:Objects and functions

• 4 (1) The objects and functions of the National Archives of Canada are to conserve private and public records of national significance and facilitate access thereto, to be the permanent repository of records of government institutions and of ministerial records, to facilitate the management of records of government institutions and of ministerial records, and to encourage archival activities and the archival community.

• Marginal note:Powers of Archivist

  (2) The Archivist may do such things as are incidental or conducive to the attainment of the objects and functions of the National Archives of Canada and, without limiting the generality of the foregoing, may

  • (a) acquire records or obtain the care, custody or control of records;

  • (b) take such measures as are necessary to classify, identify, preserve and restore records;

  • (c) subject to any lawful restriction that applies, provide access to records;

  • (d) provide information, consultation, research and other services related to archives;

  • (e) make known information concerning archives by means such as publications, exhibitions and the lending of records;

  • (f) advise government institutions concerning standards and procedures pertaining to the management of records;

  • (g) provide reproduction and other services to government institutions pertaining to the management of records;

  • (h) provide a central service for the care and control of records pertaining to former personnel of any government institution;

  • (i) provide record storage facilities to government institutions;

  • (j) provide training in archival techniques and the management of records;

  • (k) cooperate with and undertake activities in concert with organizations interested in archival matters or the management of records by means such as exchanges and joint projects;

  • (l) provide professional, technical and financial support in aid of archival activities and the archival community; and

  • (m) carry out such other functions as the Governor in Council may specify.

• Marginal note:Disposal of records

  (3) Subject to the terms and conditions under which records have been acquired or obtained, the Archivist may destroy or dispose of any record under the control of the Archivist where the retention of the record is no longer deemed necessary.

• Marginal note:Restricted access

  (4) The Archivist shall not provide access to any record to which subsection 69(1) of the Access to Information Act applies without the consent of the Clerk of the Privy Council.

Records of Government Institutions and Ministerial Records

Marginal note:Destruction and disposal

• 5 (1) No record under the control of a government institution and no ministerial record, whether or not it is surplus property of a government institution, shall be destroyed or disposed of without the consent of the Archivist.

• Marginal note:Access to records

  (2) Subject to subsection (5) but notwithstanding anything in any other Act of Parliament, the Archivist shall have access to any record in respect of which the consent referred to in subsection (1) has been requested.

• Marginal note:Idem

  (3) Notwithstanding anything in any other Act of Parliament, any officer or employee of a government institution may grant to the Archivist access to any record in respect of which the consent referred to in subsection (1) has been requested.

• Marginal note:Security requirements

  (4) The Archivist and every person acting on behalf or under the direction of the Archivist shall, with respect to access to the records referred to in subsection (2), 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:Where consent to access required

  (5) For the purposes of this section, the Archivist shall have access to

  • (a) 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

  • (b) a record of a government institution that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II to the Access to Information Act, only with the consent of the head, within the meaning of that Act, of that government institution.

Marginal note:Transfer of records

• 6 (1) The records of government institutions and ministerial records that, in the opinion of the Archivist, are of historic or archival importance shall be transferred to the care and control of the Archivist in accordance with such schedules or other agreements for the transfer of records as may be agreed on between the 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:Records of former government institutions

  (3) Except as otherwise directed by the Governor in Council, the Archivist shall have the care and control of all records of any government institution the functions of which have ceased.

Marginal note:Application

7 Sections 5 and 6 do not apply to records that are library or museum materials kept by a government institution for reference or exhibition purposes.

Deposit of Certain Recordings

Marginal note:Definition of “recording”

• 8 (1) In this section, recording means anything on which sounds or images or both are fixed, regardless of form.

• Marginal note:Deposit required

  (2) The producer or distributor of a recording shall, within six months after a request in writing is made by the Archivist, provide the Archivist with a copy of the recording in such form as may be specified in the request.

• Marginal note:Payment for copy

  (3) The Archivist shall pay to a person, other than Her Majesty in right of Canada or an agent thereof, who provides a copy under subsection (2) the actual cost of making the copy so provided.

• Marginal note:Offence and punishment

  (4) Every person who fails to comply with subsection (2) is guilty of an offence punishable on summary conviction.

• Marginal note:Non-application

  (5) Subsection (2) does not apply in respect of

  • (a) a recording that is required to be sent to the National Librarian under the National Library Act or that has not been broadcast or made public in Canada; or

  • (b) any recording of a class or kind that is exempted from the application of that subsection by such regulations as the Minister may make for the purpose.

• Marginal note:Section binding on Her Majesty

  (6) This section applies to Her Majesty in right of Canada or a province.

9 [Repealed, 1995, c. 29, s. 49]

Financial

Marginal note:Account

• 10 (1) There shall be an account in the accounts of Canada called the National Archives of Canada Account to which shall be credited all amounts received for the National Archives of Canada by way of gift, bequest or otherwise.

• Marginal note:Use of funds

  (2) Amounts referred to in subsection (1) shall be expended by the Archivist in accordance with such terms and conditions as are attached to any gift or bequest to which the amounts relate.

General

Marginal note:Annual report

11 Within three months after the end of each fiscal year, the Archivist shall submit to the Minister a report on the operation of this Act during that fiscal year and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days after the report is received on which Parliament is sitting.

Transitional Provisions

Marginal note:Archivist to retain position

• 12 (1) The person who was the Dominion Archivist immediately prior to the coming into force of this Act shall continue in office as the National Archivist of Canada until he ceases to hold that office.

• Marginal note:Records of Public Archives

  (2) The records that constituted the Public Archives of Canada on the day immediately before the coming into force of this Act are hereby transferred to the Archivist subject to any terms and conditions that were applicable to those records on that day.

• Marginal note:Continuation of personnel

  (3) Every person who was, immediately prior to the coming into force of this Act, an officer, clerk or employee appointed to assist the Dominion Archivist becomes, as such, a member of the staff of the National Archives of Canada.

• Marginal note:References

  (4) Wherever in any proclamation, regulation, order, contract or other document a reference is made to the “Public Archives” or the “Dominion Archivist”, there shall in every case be substituted therefor the “National Archives of Canada” or the “National Archivist of Canada”, respectively.

• (5) [Amendments]

Copyright Act

13 [Amendment]

Public Archives Act

14 [Repeal]

Coming into Force

Marginal note:Coming into force

*15 This Act shall come into force on a day to be fixed by proclamation.

• Return to footnote ^*[Note: Act in force June 11, 1987, see SI/87-126.]