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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

R.S., c. C-42AMENDMENTS TO THE COPYRIGHT ACT

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

Marginal note:1990, c. 3, s. 32 (Sch., s. 1(1))

 Paragraph 68(c) of the Access to Information Act is replaced by the following:

  • (c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions.

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 1(3))

 Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Library and Archives of Canada

    Bibliothèque et Archives du Canada

R.S., c. C-42Copyright Act

Marginal note:1997, c. 24, s. 18(1)

 Section 30.5 of the Copyright Act and the heading before it are replaced by the following:

Library and Archives of Canada

Marginal note:Permitted acts

30.5 It is not an infringement of copyright for the Librarian and Archivist of Canada under the Library and Archives of Canada Act, to

  • (a) make a copy of a work or other subject-matter in taking a representative sample for the purpose of preservation under subsection 8(2) of that Act;

  • (b) effect the fixation of a copy of a publication, as defined in section 2 of that Act, that is provided by telecommunication in accordance with subsection 10(1) of that Act;

  • (c) make a copy of a recording, as defined in subsection 11(2) of that Act, for the purposes of section 11 of that Act; or

  • (d) at the time that a broadcasting undertaking, as defined in subsection 2(1) of the Broadcasting Act, communicates a work or other subject-matter to the public by telecommunication, make a copy of the work or other subject-matter that is included in that communication.

Marginal note:1997, c. 24, s. 18(1)

 Subsection 30.8(7) of the Act is replaced by the following:

  • Definition of “official archive”

    (7) In subsection (6), “official archive” means the Library and Archives of Canada or any archive established under the law of a province for the preservation of the official archives of the province.

R.S., c. V-1; 2000, c. 34, par. 94(d)(F)Department of Veterans Affairs Act

Marginal note:2000, c. 34, s. 16

 Paragraph 6.6(d) of the Department of Veterans Affairs Act is replaced by the following:

  • (d) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.

R.S., c. E-15Excise Tax Act

Marginal note:1993, c. 27, s. 128(3)

 Paragraph 295(5)(h) of the Excise Tax Act is replaced by the following:

  • (h) provide access to records of confidential information to the Librarian and Archivist of Canada or a person acting on behalf of or under the direction of the Librarian and Archivist, solely for the purposes of section 12 of the Library and Archives of Canada Act, and transfer such records to the care and control of such persons solely for the purposes of section 13 of that Act;

R.S., c. F-11Financial Administration Act

Marginal note:1995, c. 11, s. 46

 Schedule I.1 to the Financial Administration Act is amended by striking out the references in column I to

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

and the corresponding references in column II to the “Minister of Canadian Heritage”.

 Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I:

  • Library and Archives of Canada

    Bibliothèque et Archives du Canada

and a corresponding reference in column II to the “Minister of Canadian Heritage”.

R.S., c. H-4Historic Sites and Monuments Act

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 2)

 Paragraph 4(1)(a) of the Historic Sites and Monuments Act is replaced by the following:

  • (a) the Librarian and Archivist of Canada;

R.S., c. 1 (5th Supp.)Income Tax Act

 Paragraph 241(4)(i) of the Income Tax Act is replaced by the following:

  • (i) provide access to records of taxpayer information to the Librarian and Archivist of Canada or a person acting on behalf of or under the direction of the Librarian and Archivist, solely for the purposes of section 12 of the Library and Archives of Canada Act, and transfer such records to the care and control of such persons solely for the purposes of section 13 of that Act;

2003, c. 14Injured Military Members Compensation Act

 Paragraph 13(c) of the Injured Military Members Compensation Act is replaced by the following:

  • (c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canda Act, or any predecessor enactment relating to the same subject-matter.

1993, c. 29Nunavut Land Claims Agreement Act

 Paragraph 7(a) of the Nunavut Land Claims Agreement Act is replaced by the following:

  • (a) the Library and Archives of Canada;

R.S., c. P-1Parliament of Canada Act

Marginal note:2001, c. 36, s. 1

 Subsection 75.1(2) of the Parliament of Canada Act is replaced by the following:

  • Marginal note:Selection

    (2) The Speaker of the Senate and the Speaker of the House of Commons, acting together, shall select the Parliamentary Poet Laureate from a list of three names submitted in confidence by a committee chaired by the Parliamentary Librarian and also composed of the Librarian and Archivist of Canada, the Commissioner of Official Languages for Canada and the Chair of the Canada Council.

R.S., c. P-6Pension Act

Marginal note:2000, c. 34, s. 41

 Paragraph 109.1(d) of the Pension Act is replaced by the following:

  • (d) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.

R.S., c. P-21Privacy Act

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(1))
  •  (1) Paragraph 8(2)(i) of the Privacy Act is replaced by the following:

    • (i) to the Library and Archives of Canada for archival purposes;

  • Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(2))

    (2) Subsection 8(3) of the Act is replaced by the following:

    • Marginal note:Personal information disclosed by Library and Archives of Canada

      (3) Subject to any other Act of Parliament, personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes may be disclosed in accordance with the regulations to any person or body for research or statistical purposes.

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(3))

 Subsection 10(2) of the Act is replaced by the following:

  • Marginal note:Exception for Library and Archives of Canada

    (2) Subsection (1) does not apply in respect of personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes.

Marginal note:1990, c. 3, s. 32 (Sch., s. 6(1))

 Paragraph 69(1)(b) of the Act is replaced by the following:

  • (b) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions.

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(6))

 The schedule to the Act is amended by striking out the following under the heading “Other Government Institutions”:

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Library and Archives of Canada

    Bibliothèque et Archives du Canada

2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Marginal note:2001, c. 12, s. 1

 Paragraph 54(e) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

  • (e) notwithstanding the Library and Archives of Canada Act, shall destroy each report received and all information received or collected on the expiry of the applicable period referred to in paragraph (d).

1991, c. 30Public Sector Compensation Act

 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”:

  • Library and Archives of Canada

    Bibliothèque et Archives du Canada

R.S., c. P-35Public Service Staff Relations Act

Marginal note:SOR/87-297

 Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following:

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

 Part I of Schedule I to the Act is amended by adding the following in alphabetical order:

  • Library and Archives of Canada

    Bibliothèque et Archives du Canada

R.S., c. W-3War Veterans Allowance Act

Marginal note:2000, c. 34, s. 84

 Paragraph 30(1.1)(c) of the War Veterans Allowance Act is replaced by the following:

  • (c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.

2002, c. 1Youth Criminal Justice Act

 The portion of section 126 of the Youth Criminal Justice Act before paragraph (a) is replaced by the following:

Marginal note:Records in the custody, etc., of archivists

126. When records originally kept under sections 114 to 116 are under the custody or control of the Librarian and Archivist of Canada or the archivist for any province, that person may disclose any information contained in the records to any other person if

  •  (1) Subsections 128(2) and (3) of the Act are replaced by the following:

    • Marginal note:Disposal of records

      (2) Subject to paragraph 125(7)(c), any record kept under sections 114 to 116, other than a record kept under subsection 115(3), may, in the discretion of the person or body keeping the record, be destroyed or transmitted to the Librarian and Archivist of Canada or the archivist for any province, at any time before or after the end of the applicable period set out in section 119.

    • Marginal note:Disposal of R.C.M.P. records

      (3) All records kept under subsection 115(3) shall be destroyed or, if the Librarian and Archivist of Canada requires it, transmitted to the Librarian and Archivist, at the end of the applicable period set out in section 119 or 120.

  • (2) Subsection 128(6) of the Act is replaced by the following:

    • Marginal note:Authority to inspect

      (6) The Librarian and Archivist of Canada may, at any time, inspect records kept under sections 114 to 116 that are under the control of a government institution as defined in section 2 of the Library and Archives of Canada Act, and the archivist for a province may at any time inspect any records kept under those sections that the archivist is authorized to inspect under any Act of the legislature of the province.

1994, c. 34Yukon First Nations Land Claims Settlement Act

 Paragraph 15(a) of the Yukon First Nations Land Claims Settlement Act is replaced by the following:

  • (a) the Library and Archives of Canada;

1994, c. 35Yukon First Nations Self-Government Act

 Paragraph 25(a) of the Yukon First Nations Self-Government Act is replaced by the following:

  • (a) the Library and Archives of Canada;

TRANSITIONAL PROVISIONS

Marginal note:No continuation in office
  •  (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”.

 

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