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S.M. 2008, c. 12
Bill 10, 2nd Session, 39th Legislature
The Legislative Library Act
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(Assented to June 12, 2008)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The following definitions apply in this Act.
"department" means a department, branch or office of the executive government of the province. (« ministère »)
"electronic" includes created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic, optical or any similar means. (« électronique »)
"government agency" means
(a) any board, commission, association, agency, or similar body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management, board of directors or governing board of which, are appointed by an Act of the Legislature or by the Lieutenant Governor in Council; and
(b) any other body designated as a government agency in the regulations made under The Freedom of Information and Protection of Privacy Act. (« organisme gouvernemental »)
"Legislative Library" means the Legislative Library of Manitoba continued in section 2. (« Bibliothèque de l'Assemblée législative »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"officer of the Legislative Assembly" means the Speaker of the Legislative Assembly, the Clerk of the Legislative Assembly, the Chief Electoral Officer, the Ombudsman, the Children's Advocate, the Auditor General, and the commissioner appointed under The Legislative Assembly and Executive Council Conflict of Interest Act. (« fonctionnaire de l'Assemblée législative »)
"publication" means a document that is
(a) published or printed or electronically produced; and
(b) available to the public, with or without charge;
and includes, but is not limited to, a book, a report, a periodical, a newspaper, a pamphlet and an e-journal. (« publication »)
2 The Legislative Library of Manitoba is continued.
3 The purpose of the Legislative Library is
(a) to serve the information needs of the members and staff of the Legislative Assembly; and
(b) to collect, preserve and make accessible
(i) the publications of departments, government agencies, the Legislative Assembly and officers of the Legislative Assembly, and
(ii) the published heritage of the province.
4 The minister is to preside over the Legislative Library and give direction to the Legislative Librarian.
5 A librarian, to be known as the Legislative Librarian, and employees and other persons as may be required to carry on the business of the Legislative Library may be appointed as provided in The Civil Service Act.
6 A library must be maintained for the use of the members and staff of the Legislative Assembly in a room or rooms conveniently located near the Legislative Chamber.
7 The Legislative Library is designated as the official library in the province for the deposit of the publications of departments, government agencies, the Legislative Assembly and officers of the Legislative Assembly.
8(1) Every department, government agency, and officer of the Legislative Assembly and the Legislative Assembly must deposit with the Legislative Library, at no charge and in accordance with this section, copies of every publication that is
(a) made available for general or limited public distribution; and
(b) issued by the department or other body by itself, or in collaboration with another publisher.
8(2) Subject to any regulations, the number of copies that must be deposited is as follows:
(a) if the publication is issued only in print, 14 copies;
(b) if the publication is issued only in electronic form on the Internet, one electronic copy;
(c) if the publication is issued only in electronic form other than only on the Internet, 14 copies;
(d) if the publication is issued in both print form and electronic form, 14 copies in print form and one electronic copy in each medium issued.
8(3) The copies must be deposited within 10 days after the publication is released to the public or posted on the Internet.
9 On the written request of the Legislative Librarian, one copy, or such number as may be set out in the regulations, of every publication
(a) that is published or printed or electronically produced in Manitoba; and
(b) to which section 8 does not apply;
must be given at no charge to the Legislative Library.
10 The Legislative Librarian may destroy or otherwise dispose of any publication under his or her control, if the Legislative Librarian considers that the publication is no longer of value to the Legislative Library.
11 The Lieutenant Governor in Council may make regulations
(a) prescribing the required number of copies of publications for the purpose of subsection 8(2) and section 9;
(b) prescribing the standard to be followed when a publication in electronic form is deposited with or given to the Legislative Library under section 8 or 9;
(c) prescribing one or more classes of publications that are not required to be deposited with the Legislative Library;
(d) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
12 The Legislative Library Act, R.S.M. 1987, c. L120, is repealed.
13 This Act may be referred to as chapter L120 of the Continuing Consolidation of the Statutes of Manitoba.
14 This Act comes into force on the day it receives royal assent.