A-21.1 - Archives Act

À jour au 13 juin 2002

Ce document a valeur officielle.

chapter A-21.1

Archives Act

CHAPTER I APPLICATION AND DEFINITIONS

1. This Act applies to public and private archives.

1983, c. 38, s. 1.

2. In this Act, unless the context indicates otherwise,

“archives” means the body of documents of all kinds, regardless of date, created or received by a person or body in meeting requirements or carrying on activities, preserved for their general information value;

“private archives” means archives other than public archives;

“public archives” means the archives of public bodies;

“document” means any document within the meaning of section 3 of the Act to establish a legal framework for information technology (chapter C-1.1);

“active document” means a document in current use for administrative or legal purposes;

“inactive document” means a document no longer used for administrative or legal purposes;

“semi-active document” means a document in occasional use for administrative or legal purposes;

“public body” means a body deemed a public body in the schedule.

1983, c. 38, s. 2; 1988, c. 42, s. 57; 2001, c. 32, s. 86.

2.1. This Act does not apply to documents to which the Act respecting the Bibliothèque nationale du Québec (chapter B-2.1) applies.

2001, c. 32, s. 87.

3. In this Act, the transfer of a document, unlike its deposit, transfers its ownership.

1983, c. 38, s. 3.

CHAPTER II PUBLIC ARCHIVES

DIVISION I ACTIVE AND SEMI-ACTIVE DOCUMENTS

4. The Minister of Culture and Communications shall adopt a management policy for the active and semi-active documents of the public bodies referred to in paragraph 1 of the schedule.

The policy requires the prior approval of the Conseil du trésor.

The Keeper of the Archives nationales du Québec shall coordinate the implementation and supervise the administration of the policy, and advise the bodies mentioned in the first paragraph on matters related to the policy. He may also, at the request of the Conseil du trésor, preserve the semi-active documents of those bodies.

1983, c. 38, s. 4; 1992, c. 65, s. 43; 1994, c. 14, s. 34.

5. The Minister shall propose a management policy to the public bodies referred to in paragraphs 2 and 3 of the schedule, for their active and semi-active documents.

The Keeper may, by agreement, preserve the semi-active documents of the bodies.

1983, c. 38, s. 5.

6. The public bodies referred to in paragraphs 4 to 7 of the schedule shall adopt a management policy for their active and semi-active documents.

The Keeper may advise them on the matter.

1983, c. 38, s. 6.

7. Every public body shall establish and keep up to date a retention schedule determining the periods of use and medium of retention of its active and semi-active documents and indicating which inactive documents are to be preserved permanently, and which are to be disposed of.

1983, c. 38, s. 7.

8. Every public body referred to in paragraph 1 or 3 of the schedule shall, in accordance with the regulations, submit its retention schedule and every modification of the schedule to the Minister for approval.

Every public body referred to in paragraph 2 of the schedule shall transmit a copy of its retention schedule and every modification of the schedule to the Minister for his information.

Every public body referred to in paragraphs 4 to 7 of the schedule shall, in accordance with the regulations, submit to the Minister, for approval, its retention schedule and any modification respecting the addition of new documents or documents scheduled for permanent preservation.

1983, c. 38, s. 8.

9. The Minister may, after consulting the public body concerned, modify a retention schedule submitted to him for approval.

Upon written notification of the Minister’s approval, the retention schedule binds the public body.

1983, c. 38, s. 9.

10. The Minister may modify a formerly approved retention schedule after consulting the public body concerned.

The Minister shall, in writing, notify the public body of his decision, which binds it 30 days after receipt of the notice.

1983, c. 38, s. 10.

11. Before approving or modifying a retention schedule, the Minister may obtain the opinion of the Commission des biens culturels.

1983, c. 38, s. 11.

12. Every person who ceases to hold office in public body must leave in its custody every document he created or received in that capacity.

The first paragraph does not apply to Members of the National Assembly, but they may deposit their documents with the Keeper, or transfer them to him, and agree with him on when they will become accessible.

1983, c. 38, s. 12.

13. Except as provided in the retention schedule, no person may alienate or dispose of an active or semi-active document of a public body.

1983, c. 38, s. 13.

DIVISION II INACTIVE DOCUMENTS

14. The Minister shall adopt a management policy for the inactive documents of public bodies.

The Keeper shall coordinate the implementation and supervise the administration of the policy, and advise the bodies on matters related to the policy.

1983, c. 38, s. 14.

15. Every public body referred to in paragraph 1 or 3 of the schedule shall annually transfer to the Keeper the inactive documents indicated for permanent preservation in the retention schedule.

Every public body referred to in paragraph 2 of the schedule may transfer the documents to the Keeper or deposit them with him.

Every public body referred to in paragraphs 4 to 7 of the schedule shall, in accordance with the regulations of the Government, assume the management of its inactive documents.

1983, c. 38, s. 15.

16. After obtaining the advice of the Commission des biens culturels, the Minister, by agreement with a public body or a private archival agency accredited under this Act, may deposit with it inactive documents that have been transferred to the Keeper.

The Minister similarly may authorize a public body referred to in paragraphs 4 to 7 of the schedule, by agreement with another public body or an accredited private archival agency, to deposit its inactive documents with it.

1983, c. 38, s. 16.

17. The documents of a public body that ceases its operations are transferred to the Keeper, provided its rights and obligations are not assumed by another public body.

If a public body ceases its operations and its rights and obligations are assumed by more than one public body, its inactive documents scheduled for permanent preservation are required to be transferred to only one of those public bodies. In the absence of applicable provisions or any agreement, the Keeper shall designate the responsible body.

1983, c. 38, s. 17.

18. No person may alienate, dispose of or alter inactive documents of a public body scheduled for permanent preservation.

The Keeper, however, may authorize the disposal of the documents if they have been reproduced on another medium or if he considers them to be irremediably damaged or to no longer have any retention value.

1983, c. 38, s. 18.

19. Inactive documents scheduled for permanent preservation and to which restrictions to the right of access apply under the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) may, notwithstanding that Act, be disclosed 100 years after their date or 30 years after the death of the person concerned. However, no information relating to the health of a person may be disclosed without the consent of the person concerned until 100 years have elapsed since the date of the document.

Notwithstanding the first paragraph, the documents may be disclosed for research purposes before the time specified has elapsed if the personal information is not structured so as to allow retrieval by reference to a person’s name or identifying code or symbol and the information cannot be retrieved by means of such a reference. The person to whom the documents are disclosed must preserve the confidentiality of the personal information throughout the period during which it may not be disclosed without the consent of the person concerned.

1983, c. 38, s. 19; 2002, c. 19, s. 16.

20. Notwithstanding sections 89 to 102 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the right to correct inactive documents concerning a deceased person is exercisable only by appending a schedule containing the nominative information amended, added or to be deleted.

1983, c. 38, s. 20.

CHAPTER III PRIVATE ARCHIVES

21. The Minister is responsible for promoting the preservation and accessibility of private archives.

1983, c. 38, s. 21.

22. Any person or body may apply to the Minister for accreditation as a private archival agency.

The Minister, after obtaining the advice of the Commission des biens culturels, may accredit the agency if it meets the conditions fixed by regulation and by the Minister.

1983, c. 38, s. 22.

23. The Minister, on the conditions he determines, may provide financial or technical assistance to an accredited private archival agency.

1983, c. 38, s. 23.

24. The Minister may suspend or revoke the accreditation of a private archival agency at its request, or if it does not comply with the conditions established by regulation or by the Minister.

1983, c. 38, s. 24.

25. The Keeper or a public body, by agreement with a person who is depositing private archives, may deposit them with another public body or an accredited private archival agency.

The deposit by the Keeper or public body is made by agreement with the other body or the agency.

1983, c. 38, s. 25.

26. A person who deposits private archives with or transfers them to the Keeper or a public body referred to in paragraphs 4 to 7 of the schedule may make a written agreement with him on a period during which the archives will not be accessible. Failing such an agreement, the Keeper or public body may determine the period.

In no case may the period be longer than 100 years from the date of the documents or, in the case of nominative information, 30 years from the death of the person concerned or 100 years from the date of the document in the case of information relating to the person’s health.

The person mentioned in the first paragraph retains access to the archives, however, for himself or for the person he authorizes.

1983, c. 38, s. 26; 2002, c. 19, s. 17.

27. Private archives deposited with or transferred to the Keeper or a public body referred to in paragraphs 4 to 7 of the schedule do not constitute documents held by a public body for the purposes of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

However, the archives are accessible, they may be examined in the manner provided in sections 10 and 11 of the said Act.

1983, c. 38, s. 27.

28. No person may for commercial purposes disperse an archives group consisting of documents created or received by a person in the course of his duties.

1983, c. 38, s. 28.

CHAPTER IV ADMINISTRATION

DIVISION I MANAGEMENT

29. The Minister shall appoint a person to be Keeper of the Archives nationales du Québec.

The Keeper and the other officers and employees under his direction are appointed according to the Public Service Act (chapter F-3.1.1).

1983, c. 38, s. 29; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

30. The Keeper may

(1)  require any information necessary for the administration of this Act or the regulations thereunder;

(2)  revendicate public archives possessed without right;

(3)  take possession of public archives the preservation of which is endangered;

(4)  acquire archives or copy of archives;

(5)  reproduce archives.

1983, c. 38, s. 30.

31. Where the Keeper considers that a version of or excerpt from a technology-based document of a public body must be preserved permanently, he may require that it be reproduced for that purpose.

1983, c. 38, s. 31; 2001, c. 32, s. 88.

32. The Keeper may make a copy of public archives that have been transferred to him and certify it as a true copy.

A copy issued by the Keeper is proof of its tenor and existence with the same force as the original.

1983, c. 38, s. 32.

33. The Keeper may issue a copy of any accessible archives deposited with him.

1983, c. 38, s. 33.

34. If public archives are altered contrary to this Act, the person who has custody of them is bound to restore them to their former state, at his own expense, saving his right of action, if any, against the person who caused the alteration.

On a motion by the Attorney General, a person generally or specially authorized by him for that purpose or any interested person, the Superior Court may order the person who has custody of the altered public archives to restore them to their original state or allow the Minister to do so at the expense of that person.

1983, c. 38, s. 34.

35. The Minister may, in writing and to the extent he indicates, generally or specially delegate to the Keeper of the Archives nationales du Québec or to any person or the holder of any office he may designate, his powers to approve or make changes as provided in sections 8, 9 and 10 or his power to enter into an agreement contemplated in section 16.

1983, c. 38, s. 35.

36. The Keeper may, in writing and to the extent he indicates, generally or specially delegate to one of his officers or employees the powers conferred on him in the second paragraph of section 18 or in section 32 or 33.

1983, c. 38, s. 36.

DIVISION II REGULATIONS

37. The Government may, by regulation,

(1)  exempt from the application of a provision of this Act or a regulation categories of persons and classes of public bodies or archives that it indicates;

(2)  determine, according to classes of public bodies or public archives, the standards and conditions of management of the archives, particularly regarding their preservation, restoration, alienation, deposit with or transfer to the Keeper of the Archives nationales du Québec, or their removal, alteration and disposal;

(3)  determine, according to classes of public bodies, the content and form of and the procedures for submission of the retention schedule;

(4)  determine the classes of persons or bodies that may apply for accreditation of a private archival agency, the conditions of qualification for accreditation, the form and tenor of the documents required to be sent upon an application for accreditation, the duration of accreditation and the procedures for its maintenance and renewal;

(5)  determine provisions of the regulations to contravene which is an offence.

The first paragraph does not apply to a public body referred to in paragraph 2 of the schedule.

1983, c. 38, s. 37.

38. After obtaining the advice of the Commission des biens culturels, the Minister shall publish a draft regulation in the Gazette officielle du Québec with a notice that it may be adopted, with or without amendment, on the expiry of 60 days from that publication.

1983, c. 38, s. 38.

39. Regulations made under this Act come into force ten days after their publication in the Gazette officielle du Québec or on any later date determined therein.

1983, c. 38, s. 39.

CHAPTER V PENAL PROVISIONS

1992, c. 61, s. 55.

40. Every person who contravenes section 7 or 8 or fails to comply with any provision of a regulation made under subparagraph 2, 3 or 4 of the first paragraph of section 37 to contravene which is an offence is guilty of an offence and liable to a fine of $50 to $500.

1983, c. 38, s. 40; 1990, c. 4, s. 59.

41. Every person who contravenes section 12, 13, 15 or 31 is guilty of an offence and liable to a fine of $300 to $3,000.

1983, c. 38, s. 41; 1990, c. 4, s. 59.

42. Every person who contravenes the first paragraph of section 18 or section 28 is guilty of an offence and liable to a fine of $500 to $25,000.

1983, c. 38, s. 42; 1990, c. 4, s. 59.

43. Every person who hinders or attempts to hinder the Minister, the Keeper or a person designated under section 35 or 36 in the exercise of his duties, or deceives him by concealment or false declaration is guilty of an offence and liable to a fine of $300 to $1 000.

1983, c. 38, s. 43; 1990, c. 4, s. 59.

44. Every person who prescribes or authorizes the commission of an offence against this Act, consents thereto or acquiesces therein is deemed a party to the offence and liable to the same penalty as that provided for the offender, whether or not the latter has been prosecuted or convicted.

1983, c. 38, s. 44.

45. Penal proceedings for an offence under a provision of this Act shall be prescribed by one year from the date of opening of the investigation record relating to the offence.

The certificate of the Keeper indicating the date of the beginning of the investigation is, failing any evidence to the contrary, conclusive proof of such fact.

1983, c. 38, s. 45; 1990, c. 4, s. 60; 1992, c. 61, s. 56.

CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS

46. The regulations or parts of regulations made by a public body under the enabling provisions repealed or amended by sections 62, 77, 83 and 86 of this Act or those relating to any matter provided for in this Act remain in force to the extent that they are consistent with it until the regulations that may be made under this Act relating to the same matter are in force.

1983, c. 38, s. 46.

47. Inactive documents of public bodies referred to in paragraph 1 or 3 of the schedule, deposited with the Keeper of the Archives nationales before 21 December 1983, but which, within the meaning of this Act, should be transferred to the Keeper, are deemed to have been transferred to him.

1983, c. 38, s. 47.

48. The Keeper of the Archives nationales appointed under Division V of the Act respecting the Ministère des Affaires culturelles (chapter M-20) becomes, without other formality, the Keeper of the Archives nationales du Québec appointed under this Act.

1983, c. 38, s. 48.

49. Division V of the Act respecting the Ministère des Affaires culturelles (chapter M-20) is replaced by this Act.

In any Act, proclamation, regulation, by-law, order in council, order, contract or other document, any reference to the said Division V or to any of its provisions is deemed a reference to this Act or to the corresponding provision of this Act.

1983, c. 38, s. 49.

50. Every public body shall, notwithstanding section 8, submit its retention schedule to the Minister before 1 January 1986 or on any later date fixed by agreement with the Minister. In such a case, the application is required to be made to the Minister six months before the expiry of the time limit provided for submitting the retention schedule.

1983, c. 38, s. 50; 1984, c. 47, s. 7.

51. A public body referred to in paragraph 1 or 3 of the schedule which, between 30 March 1983 and the date on which its retention schedule is approved by the Minister in accordance with the first paragraph of section 8, is in possession of inactive documents has no authority to alienate them or dispose of them, and shall forward a list of them to the Minister before 21 December 1990. The Minister shall then indicate to the body the documents required to be transferred to the Keeper; the body may dispose of any other documents.

1983, c. 38, s. 51; 1986, c. 26, s. 1.

52. Every public body referred to in paragraphs 4 to 7 of the schedule which, between 30 March 1983 and the date on which its retention schedule is approved by the Minister in accordance with the third paragraph of section 8, is in possession of inactive documents shall submit the list of the documents to the Minister for his approval before 21 December 1990, indicating the documents which will be preserved as public archives and those which will be disposed of.

Notwithstanding the first paragraph, the Minister may, by agreement with the public body, fix a later date to submit the list to him. In this case, the application is required to be forwarded to the Minister six months before the expiry of the prescribed time limit.

The list is approved as provided in sections 9, 10 and 11 of this Act for the approval of the retention schedule.

1983, c. 38, s. 52; 1986, c. 26, s. 2.

53. Sections 40, 44 and 45 of this Act apply in the case of an offence under section 51 or 52.

1983, c. 38, s. 53.

54. (Amendment integrated into c. A-2.1, s. 2).

1983, c. 38, s. 54.

55. (Amendment integrated into c. A-2.1, s. 59).

1983, c. 38, s. 55.

56. (Amendment integrated into c. A-2.1, s. 73).

1983, c. 38, s. 56.

57. (Amendment integrated into c. A-2.1, s. 79).

1983, c. 38, s. 57.

58. (Amendment integrated into c. A-6, s. 9.1).

1983, c. 38, s. 58.

59. (Amendment integrated into c. B-4, s. 7.5).

1983, c. 38, s. 59.

60. (Amendment integrated into c. B-4, s. 7.6).

1983, c. 38, s. 60.

61. (Amendment integrated into c. C-1, s. 21).

1983, c. 38, s. 61.

62. (Omitted).

1983, c. 38, s. 62.

63. (Amendment integrated into c. I-11.1, s. 38).

1983, c. 38, s. 63.

64. (Omitted).

1983, c. 38, s. 64.

65. (Repealed).

1983, c. 38, s. 65; 1992, c. 57, s. 712.

66. (Omitted).

1983, c. 38, s. 66.

67. (Omitted).

1983, c. 38, s. 67; 1992, c. 44, s. 81.

68. (Amendment integrated into c. M-20, s. 4).

1983, c. 38, s. 68.

69. (Omitted).

1983, c. 38, s. 69.

70. (Omitted).

1983, c. 38, s. 70.

71. (Omitted).

1983, c. 38, s. 71.

72. (Omitted).

1983, c. 38, s. 72.

73. (Omitted).

1983, c. 38, s. 73.

74. (Amendment integrated into c. P-22, s. 2).

1983, c. 38, s. 74.

75. (Amendment integrated into c. P-22, s. 3).

1983, c. 38, s. 75.

76. (Amendment integrated into c. P-22, s. 4).

1983, c. 38, s. 76.

77. (Amendment integrated into c. S-5, s. 173).

1983, c. 38, s. 77.

78. (Repealed).

1983, c. 38, s. 78; 1992, c. 57, s. 712.

79. (Repealed).

1983, c. 38, s. 79; 1992, c. 57, s. 712.

80. (Omitted).

1983, c. 38, s. 80.

81. (Amendment integrated into c. S-2.1, s. 158).

1983, c. 38, s. 81.

82. (Inoperative, 1999, c. 8, s. 18).

1983, c. 38, s. 82.

83. (Omitted).

1983, c. 38, s. 83.

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

1983, c. 38, s. 84; 1992, c. 65, s. 43; 1994, c. 14, s. 34.

85. (This section ceased to have effect on 21 December 1988).

1983, c. 38, s. 85; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

86. Any provision of the charter of a municipality which is inconsistent with a provision of this Act is inoperative.

1983, c. 38, s. 86.

87. Sections 51 and 52 have effect from 31 March 1983.

1983, c. 38, s. 87.

88. (Omitted).

1983, c. 38, s. 88.

SCHEDULE

BODIES DEEMED PUBLIC BODIES

(1) The Government, the Conseil exécutif, the Conseil du trésor, the government departments and the governmental bodies not contemplated in paragraphs 3 to 7 to which the Government or a minister appoints at least the majority of their members, to which by law the public servants or employees are appointed in accordance with the Public Service Act (chapter F-3.1.1) or whose capital stock is part of the domain of the State;

(2) The Lieutenant-Governor, the National Assembly and any person designated by the latter to perform duties under its jurisdiction or any body whose members are appointed by the National Assembly;

(3) The courts, the coroners and the investigation commissioners;

(4) The Communauté métropolitaine de Montréal, the Communauté métropolitaine de Québec, the bodies and agencies established by the Acts incorporating the Communities, a municipality and any body established as an agency of a municipality or otherwise coming under its authority, and the Kativik Regional Government;

(5) Public transit authorities established by the Act respecting public transit authorities (chapter S-30.01);

(6) School boards, the Conseil scolaire de l’île de Montréal, general and vocational colleges, universities, institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M‐25.1.1), institutions accredited for purposes of subsidies under the Act respecting private education (chapter E‐9.1) and any other educational institution not less than one-half of whose operating costs are paid out of appropriations appearing in the estimates tabled in the National Assembly;

(6.1) Public institutions governed by the Act respecting health services and social services (chapter S‐4.2), private institutions under agreement referred to in section 475 of the said Act which operate a local community service centre, a hospital centre, a residential and long‐term care centre or a rehabilitation centre, the regional boards established under the said Act and the Corporation d’hébergement du Québec;

(7) Public health or social services institutions contemplated in sections 10 and 11 of the Act respecting health services and social services for Cree Native persons (chapter S‐5), regional health and social service councils established under the said Act, hospital centres and reception centres which are private institutions under agreement within the meaning of the said Act.

1983, c. 38, Schedule; 1983, c. 55, s. 161; 1988, c. 84, s. 543; 1989, c. 17, s. 3; 1990, c. 85, s. 123; 1992, c. 21, s. 87, s. 375; 1992, c. 68, s. 156, s. 157; 1994, c. 15, s. 33; 1994, c. 23, s. 23; 1996, c. 2, s. 69; 1996, c. 21, s. 70; 1999, c. 40, s. 20; 1999, c. 34, s. 53; 2000, c. 8, s. 242; 2000, c. 56, s. 221; 2001, c. 66, s. 63.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 38 of the statutes of 1983, in force on 1 January 1984, is repealed, except sections 58, 63 to 67, 69 to 73, 78 to 82 and 88 effective from the coming into force of chapter A-21.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 69 and 71 of chapter 38 of the statutes of 1983, in force on 1 September 1987, are repealed effective from the coming into force of the updating to 1 September 1987 of chapter A-21.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 58, 63 and 80 of chapter 38 of the statutes of 1983, in force on 1 March 1990, are repealed effective from the coming into force of the updating to 1 March 1990 of chapter A-21.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 73 and 81 of chapter 38 of the statutes of 1983, in force on 1 September 1990, are repealed effective from the coming into force of the updating to 1 September 1990 of chapter A-21.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 79 of chapter 38 of the statutes of 1983, in force on 1 September 1991, is repealed effective from the coming into force of the updating to 1 September 1991 of chapter A-21.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 72 of chapter 38 of the statutes of 1983, in force on 1 March 1992, is repealed effective from the coming into force of the updating to 1 March 1992 of chapter A-21.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 70 of chapter 38 of the statutes of 1983, in force on 1 September 1993, is repealed effective from the coming into force of the updating to 1 September 1993 of chapter A-21.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 64, 66 and 67 of chapter 38 of the statutes of 1983, in force on 1 September 1994, are repealed effective from the coming into force of the updating to 1 September 1994 of chapter A-21.1 of the Revised Statutes.