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)
Full Document:
- HTMLFull Document: An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence |
- XMLFull Document: An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence [51 KB] |
- PDFFull Document: An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence [290 KB]
Act current to 2013-04-29 and last amended on 2012-09-30. Previous Versions
Marginal note:Destruction or disposal
9. (1) The Librarian and Archivist may dispose of any publication or record under his or her control, including by destruction, if he or she considers that it is no longer necessary to retain it.
Marginal note:Restriction
(2) Any such disposition is subject to the terms and conditions under which the publication or record has been acquired or obtained.
LEGAL DEPOSIT
Marginal note:Deposit of publications
10. (1) Subject to the regulations, the publisher who makes a publication available in Canada shall, at the publisher’s own expense, provide two copies of the publication to the Librarian and Archivist — who shall acknowledge their receipt — within
(a) in any case other than one referred to in paragraph (b), seven days after the day it is made available; or
(b) in the case of a publication that is in a class prescribed under paragraph (2)(d), seven days after receiving a written request from the Librarian and Archivist or any longer period specified in the request.
Marginal note:Regulations
(2) The Minister may make regulations for the purposes of this section, including regulations
(a) defining “publisher”;
(b) respecting any measures that must be taken to make the publications that use a medium other than paper and their contents accessible to the Librarian and Archivist;
(c) prescribing the classes of publications in respect of which only one copy is required to be provided; and
(d) prescribing the classes of publications in respect of which the obligation under subsection (1) applies only on a written request from the Librarian and Archivist.
Marginal note:Property
(3) Publications provided to the Librarian and Archivist under this section belong to Her Majesty and form part of the collection of the Library and Archives of Canada.
Marginal note:Each version, edition or form of a publication
(4) For the purposes of this section, every version, edition or form of a publication shall be considered a distinct publication.
OBTAINING ARCHIVAL QUALITY RECORDINGS FOR PRESERVATION PURPOSES
Marginal note:Providing archival quality copy
11. (1) If the Librarian and Archivist determines that a recording that was made available to the public in Canada has historical or archival value, he or she may by a written request require any other person who is legally entitled to provide such a copy to provide to the Librarian and Archivist, in accordance with the terms specified, a copy of that recording in the form and quality that the Librarian and Archivist determines is suitable for archival purposes and specifies in the request.
Definition of “recording”
(2) In this section, “recording” means anything that requires a machine in order to use its content, whether sounds, images or other information.
Marginal note:Payment for copy
(3) The Librarian and Archivist shall reimburse the person, other than Her Majesty in right of Canada or one of Her agents, who provides a copy under subsection (1) for the actual cost of making that copy.
Marginal note:Binding on Crown in right of a province
(4) This section binds Her Majesty in right of a province.
Marginal note:Property
(5) Copies provided to the Librarian and Archivist under this section belong to Her Majesty and form part of the collection of the Library and Archives of Canada.
- Date modified: