1 The following definitions apply in these Regulations.

Act

Act means the Library and Archives of Canada Act. (Loi)

publisher

publisher means a person who makes a publication available in Canada that the person is authorized to reproduce or over which the person controls the content. It does not include a person who only distributes a publication. (éditeur)

2 In order to make a publication and its contents that uses a medium other than paper accessible to the Librarian and Archivist, the publisher shall

• (a) before providing a copy of the publication to the Librarian and Archivist,

  • (i) decrypt encrypted data contained in the publication, and

  • (ii) remove or disable security systems or devices that are designed to restrict or limit access to the publication; and

• (b) when providing a copy of the publication to the Librarian and Archivist,

  • (i) provide a copy of software specifically created by the publisher that is necessary to access the publication,

  • (ii) provide a copy of technical or other information necessary to access the publication, including a copy of manuals that accompany the publication, and

  • (iii) provide any available descriptive data about the publication including its title, creator, language, date of publication, format, subject and copyright information.

3 The following classes of publications are those in respect of which, except where a publication is also in a class described in section 4, only one copy is required to be provided under section 10 of the Act:

• (a) musical sound recordings;

• (b) multi-media publications consisting of two or more physical parts in different formats;

• (c) publications of which fewer than 100 copies have been produced;

• (d) publications produced on demand from a master copy of which fewer than 100 copies have been produced; and

• (e) online publications.

4 The following classes of publications are those in respect of which the obligation to provide two copies under subsection 10(1) of the Act applies only on a written request from the Librarian and Archivist:

• (a) publications, other than online publications, of which fewer than four copies have been produced;

• (b) printed publications that are manufactured or distributed in Canada and that are not published under the imprint of a Canadian publisher;

• (c) sound recordings that are manufactured or distributed in Canada and that have no Canadian content or major Canadian contributor such as a composer, artist, narrator, conductor, orchestra, performer, writer, lyricist or producer;

• (d) reissues or portions of publications that are not substantially different from copies already deposited;

• (e) newspapers printed on paper;

• (f) programs of activities and events;

• (g) publications, including livres d’artiste or book objects, produced by the author, the artist or the publisher using a creative process that significantly distinguishes each copy from the others;

• (h) trade catalogues, advertisements, promotional material, prospectuses and price lists;

• (i) timetables of transport services;

• (j) blank books or blank forms without accompanying text;

• (k) calendars and agendas without accompanying text;

• (l) galley copies, works-in-progress, preprints and drafts;

• (m) student reports, theses and other works produced to meet course requirements;

• (n) drawing and colouring books without text and books of cut-outs for children;

• (o) press releases and circulars;

• (p) newsletters of local interest, in particular those that are published by associations, parishes, employee groups, union locals or schools;

• (q) minutes of meetings and by-laws;

• (r) posters and banners;

• (s) patterns, models, plans and blueprints;

• (t) bookmarks;

• (u) postcards;

• (v) elementary and secondary school yearbooks;

• (w) games;

• (x) deliberations of electronic discussion groups, listservs, bulletin boards and e-mails;

• (y) websites, including portals, personal websites, service sites, intranets and websites consisting primarily of links to other sites; and

• (z) dynamic databases and raw data.

5 [Repeal]

6 These Regulations come into force on January 1, 2007.