A-21.1, r. 1 - Regulation respecting accreditation of private archival agencies

Updated to 1 June 2024

This document has official status.

chapter A-21.1, r. 1

Regulation respecting accreditation of private archival agencies

Archives Act

(chapter A-21.1, s. 37).

DIVISION I CLASSES OF PERSONS OR BODIES

1. A person or body may apply to the Minister of Culture, Communications and the Status of Women for accreditation as a private archival agency where the agency comprises the following elements:

(1)  private archives which it owns or which have been loaned to it concerning the history of Québec;

(2)  a preservation area for the archives and a furnished area for consultation thereof;

(3)  apparatus and furnishings for consultation and reproduction of the archives;

(4)  at least 1 person in charge of preservation and consultation of the archives.

In addition, that agency shall have been operating for at least 12 months preceding the date of the application for accreditation.

O.C. 424-90, s. 1.

DIVISION II APPLICATION FOR ACCREDITATION

2. A person or body wishing to apply for accreditation for a private archival agency shall forward to the Minister the following information in writing which shall be up to date at the time of the application:

(1)  the name of the person or body making the application, his or its address and, in the case of a legal person, the address of its head office;

(2)  the name of the agency for which the application for accreditation is made and its address;

(3)  a statement that the person or body owns the premises where the agency is located, or a statement explaining in what capacity and under what conditions he or it occupies those premises;

(4)  a description of the collections preserved in the private archives;

(5)  a description of the method and the state of classification in the private archives and the classification system used therein, if any;

(6)  the quantity of the archives transferred to, deposited with or loaned to the agency during the 12 months preceding the date of the application;

(7)  a list of the research instruments providing access to the archives;

(8)  a list of all activities related to the private archives intended to inform and educate the public and increase public awareness and involvement, undertaken or completed by the agency during the 12 months preceding the date of the application, and a list of all projects planned for the 12 months following that date;

(9)  the conditions that persons wishing to consult the archives must fulfil;

(10)  the periods when the agency has been open during the 12 months preceding the date of the application and a description of the services which have been offered to the public;

(11)  statistics on clientele use of the agency during the 12 months preceding the date of the application;

(12)  the level of training of each person working in the agency, his employment status, whether regular, casual, contractual or volunteer, the number of years of experience working in private archival agencies and in that agency in particular, specifiying whether the work was full time or part time;

(13)  a physical description of the agency including the dimensions and the capacity of the preservation area, the consultation area and any other areas used by the agency, as well as a description of the construction materials in the walls, floors and ceilings of those areas;

(14)  an inventory and a technical description of the apparatus and furnishings used for consultation, preservation and reproduction by the agency;

(15)  a technical description of any devices used for controlling temperature and humidity and for protection against theft, fire, flooding and, if applicable, rodents; and

(16)  the balance sheet of the agency for its most recent fiscal year and its budget estimates for the current year.

O.C. 424-90, s. 2.

3. Where a person or a body applying for accreditation is a legal person, it shall also forward to the Minister the following documents:

(1)  a certified copy of the resolution by the board of directors authorizing the signing and the presentation of the application for accreditation or generally authorizing a person to sign or present such an application;

(2)  a copy of its letters patent, its charter or its constituting act.

When the person or body is a partnership, it shall forward the authorization by the members to sign and present the application and a copy of the declaration of partnership.

O.C. 424-90, s. 3.

4. A person or body applying for accreditation shall certify by means of a signed and dated statement that the information contained in the application and in the documents accompanying it is true to the best of his or its knowledge.

O.C. 424-90, s. 4.

DIVISION III DURATION OF ACCREDITATION AND PROCEDURES FOR MAINTENANCE OF ACCREDITATION

5. Accreditation is valid for a period of 2 years from the date of the issue of the certificate.

O.C. 424-90, s. 5.

6. The holder of accreditation may not assign or transfer it.

O.C. 424-90, s. 6.

7. During the period of accreditation, the holder of accreditation shall:

(1)  continue to belong to the same class of persons or bodies defined in section 1;

(2)  continue to fulfil any conditions fixed by the Minister at the time of accreditation;

(3)  post up in public view in the agency the certificate of accreditation;

(4)  post up in public view the times when the agency is open and keep it open during those times;

(5)  forward to the Minister, 12 months after the date of the issue of the certificate of accreditation and at its expiry, an annual report on the activities of the agency and an updating of the information forwarded under section 2.

O.C. 424-90, s. 7.

DIVISION IV APPLICATION FOR RENEWAL OF ACCREDITATION

8. Where the holder of accreditation wishes to renew the accreditation, he or it shall submit an application to that effect to the Minister not later than 90 days before the date of expiry of the accreditation.

O.C. 424-90, s. 8.

9. The holder of accreditation for an agency shall, in the application for renewal, state that he or it still belongs to the class of persons or bodies defined in section 1 and still fulfils any conditions fixed by the Minister.

The holder of accreditation shall also include with the application a report on the activities of the agency and an updating of the information forwarded under section 2.

O.C. 424-90, s. 9.

DIVISION V FINAL

10. A holder of accreditation that contravenes section 6 or 7 is guilty of an offence.

O.C. 424-90, s. 10.

11. (Omitted).

O.C. 424-90, s. 11.

REFERENCES

O.C. 424-90, 1990 G.O. 2, 737