as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. L120
The Legislative Library Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"agency" and "agency of the government" means any board, commission, association, or other body, whether incorporated or unincorporated, that is established under an Act of the Legislature and all the members of which, or all the members of the board of management or board of directors of which,
(a) are appointed by an Act of the Legislature or the Lieutenant Governor in Council, and
(b) in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown; ("organisme" et "organisme du gouvernement")
"chief judge" means
(a) in the case of the Court of Appeal, the Chief Justice of Manitoba,
(b) in the case of the Court of Queen's Bench, the Chief Justice of the Court of Queen's Bench, and
(c) in the case of the Provincial Court, either criminal division or family division, a magistrate's court, or a court of a justice of the peace, the Chief Judge of the Provincial Court; ("juge en chef)
"court" means The Court of Appeal, the Court of Queen's Bench, the Provincial Court and a court of a justice of the peace; ("tribunal")
"department" means The Department of the Legislative Library; ("ministère")
"documents committee" means the documents committee established under section 11; ("Commission")
"minister" means the member of the Executive Council designated by the Lieutenant Governor in Council to be the minister under this Act; ("ministre")
"photographic film" includes any photographic plate, microphotographic film, and photostatic negative, and "photograph" has a corresponding meaning; ("document photographique")
"public records" includes letters, copies of letters, documents, parchments, manuscripts, records, books, magazines, periodicals, maps, plans, photographs, and papers of all kinds, regardless of physical form or characteristics, received or created, or deposited, on file, or held with or in any department or agency. ("documents publics")
There shall be a department of the Government of Manitoba, palled: "The Department of the Legislative Library", over which the minister shall preside and shall have the management and direction, except as otherwise provided by the Rules and Orders of the Legislative Assembly.
Appointment of librarian archivist staff, and remuneration.
A librarian, an archivist and such other officers and employees as may be required to carry on the business of the department may be appointed as provided in The Civil Service Act.
Power of minister to make rules, etc.
The minister may make orders and rules for the conduct of the internal business of the department, and prescribe regulations and forms for the guidance of the officers, and employees of the department.
The department shall maintain a library for the use of the assembly and for such other purposes as are herein provided, in a room or rooms conveniently near the Legislative Chamber.
Subject to the approval of the minister, the librarian shall purchase all books, newspapers, pamphlets, magazines, reviews, reports, and publications, to be placed in the library.
A copy of every book, newspaper, pamphlet, magazine, review, report, or publication of any kind, prepared, printed or published in Manitoba, shall be furnished to the library where required by the librarian and requisitioned in writing.
The Lieutenant Governor in Council may authorize the librarian
(a) to loan to libraries organized under any statute of Manitoba, any books, newspapers, pamphlets, reviews, reports or publications not required for the use of the assembly or any of its committees: and
(b) to participate in any plan for the creation of public library services in the province.
PUBLIC RECORDS AND ARCHIVES
There shall be a branch of the department called: "The Archives and Public Records Branch", hereinafter referred to as "the branch".
The archives and public records of the Province of Manitoba shall consist of all documents placed in the custody of the archivist, and all public records transferred to the branch.
The objects of the branch are
(a) the safe keeping, classification, indexing, and cataloguing of all archives and public records in the custody of the archivist or transferred to the branch;
(b) the discovery, collection, and preservation of material, wherever obtainable, having any bearing upon the history of Manitoba; and
(c) the copying and printing of important public documents relating to the legislative and general history of Manitoba.
The archivist may acquire by gift, bequest, loan, or purchase; and place in the branch, any document, photograph, or map having any bearing upon the history of Manitoba upon such terms and conditions, if any, as may be designated by the person giving, bequeathing, lending, or selling the document, photograph or map.
Any city, town, village, rural municipality, school district, school division, or school area, may with the consent of the archivist deposit any of its non-current records or other documents with the branch for safe keeping and preservation.
The minister may make orders and rules for the conduct of the internal business of the branch and prescribe regulations and forms for the guidance of the officers and employees thereof.
There shall be a documents committee which shall consist of
(a) the Deputy Attorney-General, or his appointee;
(b) the Provincial Auditor, or his appointee;
(c) the Deputy Minister of Finance, or his appointee;
(d) the Deputy Minister of Public Works, or his appointee;
(e) the archivist, or his appointee; and
(f) any persons appointed under subsection (2).
The Lieutenant Governor in Council may appoint not more than three members of the documents committee to hold office for a term of three years or until their successors are appointed.
A majority of the members of the documents committee shall constitute a quorum of the committee.
The archivist or his appointee shall be the chairman of the documents committee.
Prohibition of destruction or removal of records.
Except as provided herein, or as authorized in the regulations, and notwithstanding any other Act, except The Financial Administration Act, but subject to The Financial Administration Act, no person shall destroy any public records or remove them from the files or offices of a department or agency of the government or from the possession or control of any official of a department or agency.
Certain dealings with public records.
Where the minister having the administration of any department, or the chairman or other officer in charge of any agency of the government, deems that it is in the best interest of the department or agency and economy of space in public buildings to destroy or to photograph and destroy, or to transfer to the branch, any public records in the files or offices of, or in the possession or control of officials of, the department or agency, and that it is not contrary to the public interest to do so, he shall request the documents committee to deal with the matter in accordance with the provisions of this Act.
Where at any time it appears necessary or advisable to amend a schedule prepared by the documents committee, the minister or chairman or official to whom subsection (2) refers may again request the documents committee to consider the Schedule previously prepared.
The documents committee shall meet on the call of the chairman and shall
(a) consider any matters referred to it by a department or agency;
(b) classify the public records of the department or agency to which the notice relates;
(c) prepare a schedule showing the various classifications of those public records, and recommending
(i) which should be retained indefinitely by the department or the agency,
(ii) which should be authorized to be destroyed after the public records have been photographed,
(iii) which should be authorized to be destroyed without photographing, and
(iv) which should be transferred to the branch.
Period of retention of public records before destruction.
Where the documents committee recommends that the destruction of any class of the public records of a department or agency should be authorized, it may also show in the schedule prepared by it, the period for which that class of public records should be retained before its destruction is authorized.
Procedure and principles in classifying records.
In classifying public records as provided in this section, the documents committee shall follow the procedure and principles set out in the regulations.
On completion of the schedule, the documents committee shall forward it to the minister, together with any supplementary or additional report or memorandum relating thereto that it may desire to make.
For the purposes of this Part, records of a court shall be deemed to be public records in the files or offices of, or in the possession or control of, that part of the executive government of the province under the administration of the member of the Executive Council charged with the administration of justice in the province.
Instruments with district registrar, public records.
For the purpose of this Part, all instruments, records, files and correspondence held by the district registrar of a land titles district are public records in possession and control of the district registrar, to be dealt with under the provisions of The Real Property Act and The Registry Act.
The minister may, by written order, approve a schedule prepared by the documents committee under section 12, and any report or memorandum accompanying it or refer it back to the documents committee.
Minister may authorize disposition of public records.
On the schedule and report or memorandum, if any, being approved under subsection (1), the minister or chairman or officer of the department or agency to which the schedule and the report or memorandum, if any, refers may authorize the public records to be disposed of in the manner set out in the schedule and the report or memorandum, if any, as approved, and those public records shall thereupon be disposed of accordingly.
Photographing records to be destroyed.
Where any class of public records is authorized to be destroyed after being photographed, the minister, or the chairman or other officer to whom subsection (2) refers, shall cause photographic films of all the public records in that class to be made and preserved in the manner set out in the Schedule.
The minister shall not approve a Schedule prepared by the documents committee under section 12 respecting the destruction of records of a court or any report or memorandum accompanying the Schedule, unless the chief judge of the court has previously approved the Schedule and the report or memorandum, if any.
Where a public record of any class has been photographed whether as provided under section 13 or in accordance with any established practice of photographing public documents, if
(a) the original of the public record is not available; and
(b) the minister, chairman or other officer in charge of the department or agency, or the archivist, having custody of the photographic film of the public record, certifies that the public record was photographed under section 13 or in accordance with any established practice of photographing public documents;
a print from the photographic film of the public record is admissible in evidence in all cases, and for all purposes, in or for which the original of the public record would have been admissible.
Limitation on inspection of public records.
Where the public interest so requires, the Lieutenant Governor in Council may direct that any public record in a department or agency, or any public record transferred to the branch shall not be made available for public inspection for such period of time as the Lieutenant Governor in Council may designate.
For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations
(a) as to the nature of the public records that should be considered to be of archival value and permanently preserved:
(b) without restricting the generality of clause (a), designating the types and kinds of letters and memoranda that are of such ephemeral value that the destruction thereof may be authorized from time to time by the minister having the administration of a department or the chairman or other officer in charge of an agency of the government;
(c) as to the principles to be followed by a documents committee in classifying public records and preparing a Schedule thereof as herein provided;
(d) respecting any matters arising out of the administration of this Act, and in particular, respecting the practices to be observed in dealing with public records for the purposes of disposal or retention, and respecting the transfer of public records to The Archives and Public Records Branch.
A report of the work of the department shall be prepared annually and laid on the table of the Assembly at the next ensuing session thereof.