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

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chapter B-1.2
Act respecting Bibliothèque et Archives nationales du Québec
BIBLIOTHÈQUE ET ARCHIVES NATIONALES DU QUÉBECDecember 14 2004January 31 2006
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
ESTABLISHMENT AND ORGANIZATION
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.
4. The affairs of Bibliothèque et Archives nationales shall be administered by a board of governors composed of the following persons who shall become members of the board upon their appointment or election:
(1)  five persons, including the chair, appointed by the Government, on the recommendation of the Minister of Culture and Communications;
(1.1)  five persons, appointed by the Government, on the recommendation of the Minister of Culture and Communications and after consultation with the library sector, the publishing industry, writers associations and universities. Three of the persons appointed must be librarians. Among the latter, one librarian must be a specialist in the area of preservation and another in the area of dissemination;
(2)  two persons appointed by Ville de Montréal;
(3)  two users of Bibliothèque et Archives nationales, including one resident of Ville de Montréal, elected by a majority vote of their peers, in accordance with the by-laws of Bibliothèque et Archives nationales.
The head librarian of Ville de Montréal shall also be a member of the board of Bibliothèque et Archives nationales.
1998, c. 38, s. 4; 2001, c. 11, s. 4; 2004, c. 25, s. 5.
5. The term of office of the board members referred to in the first paragraph of section 4 shall not exceed five years.
The term of office of the members referred to in subparagraphs 1 to 2 of the first paragraph of section 4 may be renewed only once.
1998, c. 38, s. 5; 2001, c. 11, s. 5; 2004, c. 25, s. 6.
6. On the expiry of their term, the members of the board shall remain in office until replaced or reappointed.
1998, c. 38, s. 6.
7. The chair shall preside at meetings of the board and be responsible for the administration and direction of Bibliothèque et Archives nationales within the scope of its by-laws and policies.
The functions of the chair shall be exercised on a full-time basis.
1998, c. 38, s. 7; 2004, c. 25, s. 25.
8. The members of the board shall designate a vice-chair from among their number.
If the chair is absent or unable to act, the vice-chair shall act as chair of the board.
1998, c. 38, s. 8.
9. The quorum at meetings of the board is a majority of its members.
In the case of a tie-vote, the chair has the casting vote.
1998, c. 38, s. 9; 2001, c. 11, s. 6.
10. The Government shall determine the remuneration, employment benefits and other conditions of employment of the chair.
The other members of the board shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. The members are entitled, however, to the reimbursement of the expenses they incur in the performance of their duties, on the conditions and to the extent determined by the Government.
1998, c. 38, s. 10.
11. The members of the personnel of Bibliothèque et Archives nationales shall be appointed according to the staffing plan and the standards it establishes by by-law. The staffing plan shall include at least three senior management positions, one responsible for the preservation mission, one responsible for the dissemination mission and the other for the archival mission. The latter shall bear the title of “Keeper of the Archives nationales du Québec” and the office of the Keeper shall be located in the city of Québec.
Subject to the provisions of a collective agreement, Bibliothèque et Archives nationales shall determine, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.
1998, c. 38, s. 11; 2000, c. 8, s. 150; 2001, c. 11, s. 7; 2004, c. 25, s. 7.
12. Neither the chair nor any member of the personnel of Bibliothèque et Archives nationales may, on pain of forfeiture of office, have a direct or indirect interest in an enterprise causing their personal interest to conflict with that of Bibliothèque et Archives nationales. However, forfeiture of office is not incurred where the interest devolves to them by succession or gift, provided they renounce or dispose of it with dispatch.
Any other member of the board who has a direct or indirect interest in an enterprise causing the member’s personal interest to conflict with that of Bibliothèque et Archives nationales must, on pain of forfeiture of office, disclose the interest in writing to the chair, abstain from voting on any matter relating to the enterprise, and avoid influencing any decision relating to the enterprise. The member must also withdraw from a meeting during any discussion or vote on such a matter.
1998, c. 38, s. 12; 2004, c. 25, s. 25.
13. Bibliothèque et Archives nationales may make by-laws to provide for its internal management.
Such by-laws may, in particular,
(1)  establish an executive committee composed of not fewer than five members of the board of governors, including the chair and a member appointed by Ville de Montréal, determine its functions and powers and fix the term of office of its members. At least one member of the executive committee must be a librarian and at least one other must be from the archival sector;
(2)  establish such advisory committees as Bibliothèque et Archives nationales considers necessary for the fulfilment of its mission;
(3)  provide that absence from a number of meetings fixed therein, in the cases and circumstances determined therein, constitutes a vacancy.
The members of the committees formed under subparagraph 2 of the second paragraph shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. The members are entitled, however, to the reimbursement of the expenses they incur in the performance of their duties, on the conditions and to the extent determined by the Government.
1998, c. 38, s. 13; 2001, c. 11, s. 8; 2004, c. 25, s. 8.
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. Bibliothèque et Archives nationales shall, on the date fixed by the Minister, submit a three-year plan of its activities to the Minister. The plan must be consistent with the orientations and objectives given to Bibliothèque et Archives nationales as regards each of its missions.
The plan shall be established in the form determined by the Minister and contain the information the Minister requires. The plan must be submitted to the Minister for approval.
The Minister shall table the plan in the National Assembly within 30 days of its approval or, if the Assembly is not sitting, within 30 days of resumption.
The competent parliamentary committee of the National Assembly shall examine the plan and hear the representatives designated by Bibliothèque et Archives nationales for that purpose.
1998, c. 38, s. 17; 2001, c. 11, s. 12; 2004, c. 25, s. 13.
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
DOCUMENTS, ACCOUNTS AND REPORTS
25. A deed, document or writing binds Bibliothèque et Archives nationales only if it is signed by the chair of the board or a member of the personnel of Bibliothèque et Archives nationales and, in the latter case, only to the extent determined by by-law of Bibliothèque et Archives nationales.
Bibliothèque et Archives nationales, subject to the conditions it determines, may 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 Bibliothèque et Archives nationales.
1998, c. 38, s. 25; 2004, c. 25, s. 25.
26. The minutes of the meetings of the board of governors, approved by it and certified by the chair or any other person authorized to do so by Bibliothèque et Archives nationales, are authentic. The same applies to documents or copies of documents emanating from Bibliothèque et Archives nationales or forming part of its records, provided they are signed or certified by any such person.
1998, c. 38, s. 26; 2004, c. 25, s. 25.
26.1. Bibliothèque et Archives nationales shall submit its budget for the following year to the Government for approval within such time and in such form as the Government may determine.
2001, c. 11, s. 15; 2004, c. 25, s. 25.
27. Not later than 31 July each year, Bibliothèque et Archives nationales must file its financial statements with the Minister together with a report on its activities for the preceding fiscal year.
The financial statements and the report must contain all the information prescribed by the Minister, particularly as regards each of its missions.
1998, c. 38, s. 27; 2001, c. 11, s. 16; 2004, c. 25, s. 24.
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 activities report and the financial statements of Bibliothèque et Archives nationales.
1998, c. 38, s. 29; 2004, c. 25, s. 25.
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 G-3 of the Revised Statutes, in force on 1 April 2002, is repealed effective from the coming into force of chapter B-2.2 of the Revised Statutes.