b-1.2 - Act respecting Bibliothèque et Archives nationales du Québec

Updated to 20 February 2024

This document has official status.

chapter B-1.2

Act respecting Bibliothèque et Archives nationales du Québec

This Act was formerly entitled: “An Act respecting the Bibliothèque nationale du Québec”. The title of the Act was replaced by section 1 of chapter 25 of the statutes of 2004.

2001, c. 11, s. 1; 2004, c. 25, s. 1.

CHAPTER I ORGANIZATION

2015, c. 18, s. 1.

DIVISION I ESTABLISHMENT

2015, c. 18, s. 1.

1. Bibliothèque et Archives nationales du Québec is hereby established.

Bibliothèque et Archives nationales du Québec is a legal person.

1998, c. 38, s. 1; 2001, c. 11, s. 2; 2004, c. 25, s. 2.

2. Bibliothèque et Archives nationales is a mandatary of the State.

Its property forms part of the domain of the State, but the performance of its obligations may be levied against its property other than documents or the property forming part of its collections.

Bibliothèque et Archives nationales binds none but itself when it acts in its own name.

1998, c. 38, s. 2; 2004, c. 25, s. 3.

2.1. Each of the sites occupied by Bibliothèque et Archives nationales may be designated by a name reflecting its principal mission.

2001, c. 11, s. 3; 2004, c. 25, s. 25.

3. The head office of Bibliothèque et Archives nationales shall be located in the territory of Ville de Montréal at the place determined by the Government.

Notice of the location or of any change in location of the head office shall be published in the Gazette officielle du Québec.

Bibliothèque et Archives nationales shall have offices in Montréal, in the city of Québec and elsewhere in Québec.

1998, c. 38, s. 3; 2004, c. 25, s. 4.

DIVISION II BOARD OF DIRECTORS

2015, c. 18, s. 2; 2022, c. 19, s. 433.

4. The affairs of Bibliothèque et Archives nationales are administered by a board of directors composed of 15 members, including the chair of the board and the president and chief executive officer.

1998, c. 38, s. 4; 2001, c. 11, s. 4; 2004, c. 25, s. 5; 2015, c. 18, s. 2; 2022, c. 19, ss. 61 and 433.

4.1. Nine board members are appointed by the Government on the recommendation of the Minister of Culture and Communications and taking into consideration the expertise and experience profiles established by the board, after consultation with bodies the Minister considers representative of the sectors concerned. Among the board members appointed by the Government,

(1)  two must come from the archival sector;

(2)  two must come from the library science sector;

(3)  (subparagraph repealed);

(4)  one must come from the cultural sector; and

(5)  the other four may come from various sectors, including the business sector.

One member, a user of Bibliothèque et Archives nationales, is appointed by the Government on the recommendation of the users’ committee established under section 13.2.

The person acting as head librarian of Ville de Montréal is a member of the board by virtue of office.

Two other board members are appointed by the Government on the recommendation of Ville de Montréal, one from the borough library sector and the other from the culture and heritage sectors in the territory of Ville de Montréal.

2015, c. 18, s. 2; 2022, c. 19, s. 62.

4.2. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 63.

4.3. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 63.

4.4. One board member must have expertise related to document management within a public body within the meaning of section 2 of the Archives Act (chapter A-21.1).

At least three board members must be from regions other than the Montréal region.

2015, c. 18, s. 2; 2022, c. 19, s. 64.

4.5. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 65.

5. (Repealed).

1998, c. 38, s. 5; 2001, c. 11, s. 5; 2004, c. 25, s. 6; 2015, c. 18, s. 2; 2022, c. 19, s. 65.

6. (Repealed).

1998, c. 38, s. 6; 2015, c. 18, s. 2; 2022, c. 19, s. 65.

7. A vacancy on the board is filled in accordance with the rules of appointment governing the appointment of the member to be replaced.

Absence from the number of board meetings determined in the by-laws made under section 13.6 constitutes a vacancy.

1998, c. 38, s. 7; 2004, c. 25, s. 25; 2015, c. 18, s. 2.

8. (Repealed).

1998, c. 38, s. 8; 2015, c. 18, s. 2; 2022, c. 19, s. 65.

9. (Repealed).

1998, c. 38, s. 9; 2001, c. 11, s. 6; 2015, c. 18, s. 2; 2022, c. 19, s. 65.

10. (Repealed).

1998, c. 38, s. 10; 2015, c. 18, s. 2; 2022, c. 19, s. 65.

11. (Repealed).

1998, c. 38, s. 11; 2000, c. 8, s. 150; 2001, c. 11, s. 7; 2004, c. 25, s. 7; 2015, c. 18, s. 2; 2022, c. 19, s. 65.

DIVISION III OPERATION

2015, c. 18, s. 2.

§ 1 . — Board of governors and its chair

2015, c. 18, s. 2.

12. (Repealed).

1998, c. 38, s. 12; 2004, c. 25, s. 25; 2015, c. 18, s. 2; 2022, c. 19, s. 65.

13. (Repealed).

1998, c. 38, s. 13; 2001, c. 11, s. 8; 2004, c. 25, s. 8; 2015, c. 18, s. 2; 2022, c. 19, s. 65.

13.1. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 65.

13.2. In addition to the committees it must establish under the Act respecting the governance of state-owned enterprises (chapter G-1.02), the board of directors must establish a users’ committee.

Subject to the provisions of this Act, the board shall determine the composition of that committee, its functions, duties and powers, the rules governing the administration of its affairs and any other measure useful for its operation.

2015, c. 18, s. 2; 2022, c. 19, s. 66.

13.3. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 67.

13.4. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 67.

13.5. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 67.

13.6. The board may make by-laws to govern the internal management of Bibliothèque et Archives nationales.

The by-laws may provide that absence from the number of board meetings they determine constitutes a vacancy in the cases and circumstances they specify.

2015, c. 18, s. 2.

13.7. The quorum at board meetings is the majority of its members, including the president and chief executive officer or the chair of the board.

Board decisions are made by a majority vote of the members present.

2015, c. 18, s. 2; 2022, c. 19, s. 68.

13.8. No deed, document or writing binds Bibliothèque et Archives nationales, or may be attributed to it, unless it is signed by the president and chief executive officer or, to the extent and on the conditions provided by by-law of the board, by another person authorized to do so.

The by-law may also, subject to the conditions it determines, allow a required signature to be affixed by means of an automatic device to the documents it determines, or a facsimile of a signature to be engraved, lithographed or printed on such documents. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized by the chair of the board.

2015, c. 18, s. 2.

13.9. The minutes of board meetings, approved by the board and certified true by the chair or by any other person authorized to do so under the by-laws of the board, are authentic, as are the documents or copies of documents emanating from Bibliothèque et Archives nationales or forming part of its records, provided they are signed or certified true by one of those persons.

2015, c. 18, s. 2.

§ 2 . — President and chief executive officer

2015, c. 18, s. 2.

13.10. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 69.

13.11. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 69.

13.12. The office of president and chief executive officer is a full-time position.

2015, c. 18, s. 2.

13.13. (Repealed).

2015, c. 18, s. 2; 2022, c. 19, s. 69.

13.14. The board may designate a personnel member of Bibliothèque et Archives nationales to temporarily exercise the functions of the president and chief executive officer when the latter is absent or unable to act.

2015, c. 18, s. 2.

§ 3 . — Personnel members

2015, c. 18, s. 2.

13.15. The personnel members of Bibliothèque et Archives nationales are appointed according to the staffing plan and the standards it establishes. The staffing plan includes at least three senior management positions, with one senior manager responsible for the preservation mission, another for the dissemination mission, and a third for the archival mission. The latter bears the title “Keeper of the Archives nationales du Québec”; the office of the Keeper is located in the city of Québec.

Subject to the provisions of a collective agreement, Bibliothèque et Archives nationales shall determine the standards and scales of remuneration, employee benefits and other conditions of employment of its personnel members in accordance with the conditions defined by the Government.

2015, c. 18, s. 2.

CHAPTER II MISSIONS AND POWERS

2004, c. 25, s. 9.

14. The mission of Bibliothèque et Archives nationales is to assemble, preserve permanently and disseminate Québec’s published documentary heritage together with any related document of cultural interest, and documents relating to Québec that are published outside Québec.

The mission of Bibliothèque et Archives nationales is also to offer democratic access to the documentary heritage formed by its collections, culture and knowledge and to act as catalyst in relation to Québec documentary institutions, thus contributing to the personal development of citizens.

More specifically, Bibliothèque et Archives nationales shall pursue the following objectives: to assert the importance of reading, research and acquiring knowledge, promote Québec publishing, facilitate ongoing independent learning, foster the integration of newcomers to Québec, reinforce inter-library cooperation and exchanges and stimulate Québec’s participation in the development of the virtual library.

1998, c. 38, s. 14; 2001, c. 11, s. 9; 2004, c. 25, s. 10.

15. To fulfil its mission, Bibliothèque et Archives nationales may, in particular,

(1)  make the documents in the collections of Bibliothèque et Archives nationales available for consultation or for loan and afford researchers access to specialized collections;

(2)  facilitate access to those collections throughout the territory of Québec, in particular by the use of computer-generated media;

(2.1)  preserve permanently a copy of the documents published in Québec, preferably in their original form or, failing that, in a medium using modern techniques of preservation;

(2.2)  acquire any document published outside Québec which may further the development of Québec documentation;

(2.3)  publish a bibliography of the documents published in Québec, an analytical index of the articles contained in the major magazines published in Québec and any document that may be useful for research purposes;

(2.4)  make known and enhance its collections and the collections of other libraries or bodies by exhibitions or any other appropriate means;

(2.5)  establish forms of cooperation with other persons, partnerships or bodies in the field of documentation;

(3)  offer introductory services in documentary research and in the use of new technology;

(4)  organize informational activities to enhance public awareness with respect to reading and activities to promote Québec publishing;

(5)  offer services adapted to handicapped persons, newcomers to Québec, persons with reading difficulties, workers undergoing career transition, businesses and other special users;

(6)  contribute to enhancing the international influence of Québec’s expertise and heritage through active participation in the network of international documentary institutions, particularly those of the French-speaking world;

(7)  encourage cooperation between public libraries and other library networks and act as an auxiliary library for all public libraries in Québec;

(8)  develop support and specialized technical services and make them available to public libraries;

(9)  participate in the elaboration of a virtual union catalogue and encourage the participation of documentary institutions in the development of applications in the virtual library.

1998, c. 38, s. 15; 2001, c. 11, s. 10; 2004, c. 25, s. 25.

15.1. The mission of Bibliothèque et Archives nationales is also to guide, support and advise public bodies as regards the management of their documents, ensure the permanent preservation of public archives, facilitate access to them and foster their dissemination. Bibliothèque et Archives nationales is also responsible for promoting the preservation and accessibility of private archives.

For that purpose, Bibliothèque et Archives nationales shall exercise its powers and duties under the Archives Act (chapter A‐21.1). It may also provide research support services in the area of archives and contribute to developing and enhancing the international influence of Québec’s documentary expertise and heritage.

2004, c. 25, s. 11.

16. In addition, to fulfill its missions, Bibliothèque et Archives nationales may, in particular,

(1)  acquire, lend, borrow, preserve and restore documents and, except in the case of archives, alienate, rent and exchange documents;

(2)  enter into agreements or participate in joint projects with any person or body;

(3)  enter into an agreement authorized by law with a government other than the Gouvernement du Québec, with a department of such a government, with an international organization or with an agency of such a government or organization;

(4)  solicit and receive gifts, bequests, subsidies and other contributions, provided that any attached conditions are consistent with the fulfilment of its missions;

(5)  conduct research or studies.

Every agreement entered into with Ville de Montréal pertaining to the Bibliothèque centrale collection, including the Phonothèque collection and the multilingual biblioservice collection, must be submitted to the Government for approval.

1998, c. 38, s. 16; 2001, c. 11, s. 11; 2004, c. 25, s. 12.

17. (Repealed).

1998, c. 38, s. 17; 2001, c. 11, s. 12; 2004, c. 25, s. 13; 2015, c. 18, s. 3.

18. Bibliothèque et Archives nationales may not, without the authorization of the Government,

(1)  build, acquire, alienate, take on lease or hypothecate an immovable;

(2)  contract a loan that raises the aggregate of the unrepaid borrowings of Bibliothèque et Archives nationales to an amount that exceeds an amount determined by the Government.

1998, c. 38, s. 18; 2001, c. 11, s. 13; 2004, c. 25, s. 25.

19. For all published documents other than films, Bibliothèque et Archives nationales shall offer, free of charge, access to and on-site consultation of the catalogues and collections in its possession and, except in the cases provided by by-law of Bibliothèque et Archives nationales, the lending of documents.

Bibliothèque et Archives nationales may not charge subscription fees.

1998, c. 38, s. 19; 2004, c. 25, s. 14.

20. In addition to the exceptions it contains regarding archives, the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1) does not apply to a published document acquired, rented, received in exchange or borrowed by Bibliothèque et Archives nationales from a person or body other than those to which sections 3 to 7 of that Act apply.

1998, c. 38, s. 20; 2004, c. 25, s. 15.

CHAPTER II.1 LEGAL DEPOSIT

2001, c. 11, s. 14; 2004, c. 25, s. 16.

DIVISION I GENERAL PROVISIONS

2004, c. 25, s. 17.

20.0.1. Legal deposit is the deposit of a published document with Bibliothèque et Archives nationales, in accordance with this chapter.

2004, c. 25, s. 17.

20.0.2. Legal deposit transfers the ownership of the document to Bibliothèque et Archives nationales.

2004, c. 25, s. 17.

DIVISION II DOCUMENTS OTHER THAN FILMS

2004, c. 25, s. 17.

20.1. Every publisher shall deposit with Bibliothèque et Archives nationales, free of charge, two copies of every edition of every document published by the publisher, within seven days of its publication.

2001, c. 11, s. 14; 2004, c. 25, s. 25.

20.2. This division does not apply to a film within the meaning of section 2 of the Cinema Act (chapter C‐18.1).

2001, c. 11, s. 14; 2004, c. 25, s. 18.

20.3. (Repealed).

2001, c. 11, s. 14; 2004, c. 25, s. 19.

20.4. Where the retail price of a document varies according to the edition, the publisher shall deposit a copy of the document of the highest-priced edition and a copy of one of the other editions.

2001, c. 11, s. 14.

20.5. Notwithstanding sections 20.1 and 20.4, the publisher shall deposit only one copy of a document

(1)  of a class of published documents prescribed by regulation; and

(2)  where the retail price of the document falls between two amounts fixed by regulation.

2001, c. 11, s. 14.

20.6. Notwithstanding section 20.1, the Government may, by regulation, exempt publishers from the requirement to deposit certain classes of published documents and any document the retail price of which exceeds the amount fixed by regulation.

The publisher shall transmit to Bibliothèque et Archives nationales, in respect of such documents, any information prescribed by regulation, at the time indicated therein.

2001, c. 11, s. 14; 2004, c. 25, s. 25.

20.7. Bibliothèque et Archives nationales may acquire, at the expense of a publisher who fails to deposit a document, the number of copies required for the deposit.

2001, c. 11, s. 14; 2004, c. 25, s. 25.

20.8. The publisher shall enter on every published document or on the container of such a document the particulars concerning the deposit that are prescribed by regulation.

2001, c. 11, s. 14.

20.9. This division also applies to every person or body who or which assumes the responsibility of producing a published document.

2001, c. 11, s. 14; 2004, c. 25, s. 20.

DIVISION III FILMS

2004, c. 25, s. 21.

20.9.1. Subject to any contrary provision of a regulation, the producer of a Québec film shall deposit, free of charge, a copy of the film with Bibliothèque et Archives nationales within six months of its first public exhibition in its final version.

2004, c. 25, s. 21.

20.9.2. A Québec film is a film within the meaning of section 2 of the Cinema Act (chapter C‐18.1) produced by a person domiciled in Québec or whose principal establishment is situated in Québec within the meaning of the second and third paragraphs of section 104 of that Act.

The producer is the person responsible for decision making throughout production of the film; in addition, in the case of a coproduction, the producer must also be the main investor in the film.

2004, c. 25, s. 21.

20.9.3. In order to ensure its permanent preservation, the film deposited must meet the standards of quality determined by regulation.

2004, c. 25, s. 21.

20.9.4. The producer shall indicate on every film deposited or its container the particulars concerning the deposit that are required by regulation.

The producer shall also provide a descriptive card containing the information determined by regulation.

2004, c. 25, s. 21.

20.9.5. Bibliothèque et Archives nationales may give a mandate to preserve the films deposited under this division to the Cinémathèque québécoise or, with the authorization of the Minister, to any other film library recognized under the Cinema Act (chapter C‐18.1).

An agreement entered into with a film library shall determine the conditions of management, preservation and consultation of the documents deposited. The agreement shall be submitted to the Minister for approval.

2004, c. 25, s. 21.

CHAPTER II.2 REGULATORY PROVISIONS

2001, c. 11, s. 14.

20.10. The Government may, by regulation, after consultation with Bibliothèque et Archives nationales,

(1)  determine the classes of published documents, other than films, for which the deposit of a single copy of one edition of the document is required;

(2)  fix the amounts provided for in paragraph 2 of section 20.5;

(3)  exempt from mandatory deposit certain classes of published documents and any document, other than a film, the retail price of which exceeds the amount fixed by regulation;

(4)  prescribe, in respect of certain documents, other than films, excluded from the deposit requirements, the information that a person or body who or which assumes the responsibility of producing a published document, or a publisher, is required to transmit to Bibliothèque et Archives nationales and indicate the time at which they must be transmitted;

(5)  determine the particulars concerning the deposit which must be mentioned on any published document or on the container of such a document as well as the information that must be indicated on the descriptive card required when the film is deposited;

(5.1)  determine appropriate quality standards for each category of films deposited;

(6)  determine, among the provisions of a regulation made under paragraphs 1 to 5.1, those the contravention of which constitutes an offence.

2001, c. 11, s. 14; 2004, c. 25, s. 22.

CHAPTER II.3 PENAL PROVISIONS

2001, c. 11, s. 14.

20.11. Every publisher, person or body mentioned in section 20.9 who or which contravenes section 20.1 or 20.4 or a regulatory provision made under paragraph 1 or 5 of section 20.10 and the contravention of which constitutes an offence under paragraph 6 of that section is guilty of an offence and is liable to a fine of $100 to $400.

2001, c. 11, s. 14.

20.12. Every publisher, person or body mentioned in section 20.9 who or which contravenes a regulatory provision made under paragraph 4 of section 20.10 and the contravention of which constitutes an offence under paragraph 6 of that section is guilty of an offence and is liable to a fine of $500 to $2,000.

2001, c. 11, s. 14.

20.12.1. Every producer of a Québec film who or which contravenes section 20.9.1 or a regulatory provision made under paragraph 5 or 5.1 of section 20.10 the contravention of which constitutes an offence under paragraph 6 of that section is guilty of an offence and is liable to a fine of $500 to $2,000.

2004, c. 25, s. 23.

CHAPTER III FINANCIAL PROVISIONS

21. The fiscal year of Bibliothèque et Archives nationales ends on 31 March.

1998, c. 38, s. 21; 2004, c. 25, s. 25.

22. The Government may, subject to the terms and conditions it determines,

(1)  guarantee the payment of the principal of and interest on any loan contracted by Bibliothèque et Archives nationales as well as the performance of its obligations;

(2)  authorize the Minister of Finance to advance to Bibliothèque et Archives nationales any amount considered necessary for the performance of its obligations or the fulfilment of its mission;

(3)  grant a subsidy to Bibliothèque et Archives nationales to provide for the performance of its obligations.

Sums that the Government may be called upon to pay under subparagraphs 1 and 2 of the first paragraph shall be taken out of the Consolidated Revenue Fund.

1998, c. 38, s. 22; 2004, c. 25, s. 25.

23. Ville de Montréal shall contribute on an annual basis towards the operating expenses of Bibliothèque et Archives nationales subject to the terms and conditions agreed by the Minister of Culture and Communications and the city. Such agreement must be submitted to the Government for approval.

1998, c. 38, s. 23; 2004, c. 25, s. 25.

24. The sums received by Bibliothèque et Archives nationales shall be applied to the payment of its obligations. Any surplus shall be retained by Bibliothèque et Archives nationales unless the Government decides otherwise.

1998, c. 38, s. 24; 2004, c. 25, s. 25.

CHAPTER IV PLANNING, AUDITING AND REPORTING

2015, c. 18, s. 4.

25. The strategic plan of Bibliothèque et Archives nationales must take into consideration the policy directions and objectives given by the Minister and include any element determined by the Minister.

The plan must be submitted on or before the date set by the Minister.

1998, c. 38, s. 25; 2004, c. 25, s. 25; 2015, c. 18, s. 5; 2022, c. 19, s. 70.

26. (Replaced).

1998, c. 38, s. 26; 2004, c. 25, s. 25; 2015, c. 18, s. 5.

26.1. (Repealed).

2001, c. 11, s. 15; 2004, c. 25, s. 25; 2020, c. 5, s. 109.

27. Not later than 31 July each year, Bibliothèque et Archives nationales must file its financial statements with the Minister together with an annual management report for the preceding fiscal year.

The financial statements and the report must contain, among other things, all the information prescribed by the Minister, including that related to each of its missions.

1998, c. 38, s. 27; 2001, c. 11, s. 16; 2004, c. 25, s. 24; 2015, c. 18, s. 6; 2022, c. 19, s. 71.

27.1. Bibliothèque et Archives nationales must also provide the Minister with any information the Minister requires regarding its activities.

2015, c. 18, s. 7.

28. The Minister shall table the report and the financial statements before the National Assembly within 30 days of receiving them or, if the Assembly is not sitting, within 30 days of resumption.

1998, c. 38, s. 28.

29. The books and accounts of Bibliothèque et Archives nationales shall be audited each year by the Auditor General, and whenever so ordered by the Government.

The report of the auditor must accompany the annual management report and the financial statements of Bibliothèque et Archives nationales.

1998, c. 38, s. 29; 2004, c. 25, s. 25; 2022, c. 19, s. 431.

29.1. (Repealed).

2015, c. 18, s. 8; 2022, c. 19, s. 72.

29.2. (Repealed).

2015, c. 18, s. 8; 2022, c. 19, s. 72.

CHAPTER V AMENDING AND MISCELLANEOUS PROVISIONS

30. (Amendment integrated into c. B-2.1, s. 18.1).

1998, c. 38, s. 30.

31. Bibliothèque et Archives nationales shall carry out the construction, layout and equipment installation work required for the fulfilment of its mission. Bibliothèque et Archives nationales may take any action to prepare for its opening to the public.

Sections 16 to 18 apply for the purposes of this section.

1998, c. 38, s. 31; 2004, c. 25, s. 25.

32. (Repealed).

1998, c. 38, s. 32; 2004, c. 25, s. 26.

32.1. Chapters II.1, II.2 and II.3 are binding on the Government, government departments and bodies which are mandataries of the State.

2001, c. 11, s. 17.

33. The Minister of Culture and Communications is responsible for the administration of this Act.

1998, c. 38, s. 33.

34. (Omitted).

1998, c. 38, s. 34.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter B-2.2 of the Revised Statutes, in force on 1 March 2006, is repealed effective from the coming into force of chapter B-1.2 of the Revised Statutes.