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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

 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”.

COORDINATING AMENDMENTS

Marginal note:Bill C-6

 If Bill C-6, introduced in the 3rd session of the 37th Parliament and entitled the Assisted Human Reproduction Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 1 of this Act and section 16 of the other Act, paragraph 16(4)(a) of the other Act is replaced by the following:

Marginal note:Bill C-25
  •  (1) Subsections (2) to (5) apply if Bill C-25, introduced in the 2nd session of the 37th Parliament and entitled the Public Service Modernization Act (the “other Act”), receives royal assent.

  • (2) On the later of the coming into force of section 1 of this Act and subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the other Act, section 4 of the English version of this Act is replaced by the following:

    Marginal note:Establishment

    4. There is hereby established a branch of the federal public administration to be known as the Library and Archives of Canada presided over by the Minister and under the direction of the Librarian and Archivist.

  • (3) On the later of the coming into force of section 4 of this Act and section 11 of the other Act, Schedule IV to the Financial Administration Act, as enacted by section 11 of the other Act, is amended

    • (a) by striking out the following:

      • National Archives of Canada

        Archives nationales du Canada

      • National Library

        Bibliothèque nationale

    • (b) by adding the following in alphabetical order:

      • Library and Archives of Canada

        Bibliothèque et Archives du Canada

  • (4) If section 55 of this Act comes into force before, or on the same day as, section 224 of the other Act, then, on the coming into force of section 55 of this Act, paragraph 224(z.52) of the other Act is repealed.

  • (5) If the repeal of Part I of Schedule I to the Public Service Staff Relations Act takes effect by virtue of an order made under section 285 of the other Act before the coming into force of section 45 of this Act, then, on the day on which that Part I is repealed, section 45 of this Act is repealed.

REPEALS

Marginal note:Repeal

 The National Archives of Canada Act, chapter 1 of the 3rd Supplement to the Revised Statutes of Canada, 1985, is repealed.

Marginal note:Repeal of R.S., c. N-12

 The National Library Act is repealed.

COMING INTO FORCE

Marginal note:Order

 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.

 

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