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Bill C-8 · 37th Parliament · Paul Martin

Library and Archives of Canada Act

An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence

Government bill. Became law.

culture and heritageinternet and digital

  1. IntroducedFeb. 11, 2004
  2. Debated in principleFeb. 11, 2004
  3. Studied by a committeeDone
  4. Passed its first chamberFeb. 11, 2004
  5. Passed the second chamberMarch 28, 2004
  6. Became lawApril 22, 2004

Leading supporters

Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.

  1. Paul MartinPrime Minister

Who carries this bill

Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.

Where members stand

Votes and debate for this bill have not been read yet.

How it changed on the way

The texts have not been compared yet.

How precisely it is written

42VaguePrecise

mixedChallenging the law: ModerateDisputing a charge: Moderate

The Act mixes tight numerical limits and cross-references to the Criminal Code with repeated subjective phrases that turn on the Librarian and Archivist's opinion. This leaves core preservation and disposal powers open to argument over what counts as necessary or appropriate.

Open to argument

  • “at the times and in the manner that he or she considers appropriate”
    Replaces an objective test with the official's personal judgment.
  • “if he or she considers that it is no longer necessary to retain it”
    Uses an undefined necessity standard that invites prolonged debate.
  • “in the opinion of the Librarian and Archivist, at risk of serious damage or destruction”
    Subjective risk assessment without measurable criteria.
  • “the manner and at the time that the Librarian and Archivist specifies”
    Grants unilateral power to set binding terms without statutory limits.

Clear-cut

  • “the term of such an appointment shall not exceed six months except with the approval of the Governor in Council”
    Fixes a clear maximum duration and approval requirement.
  • “a term of imprisonment may not be imposed for default of payment of a fine”
    States a bright-line prohibition on jail for non-payment.

Discretion. Extensive discretion is left to the Librarian and Archivist to decide timing, manner, necessity and risk, plus broad regulation-making power for the Governor in Council on transfers.

Challenging the law itself. Subjective phrases such as 'considers appropriate' and 'in the opinion of' could support a vagueness or overbreadth challenge under s. 7 of the Charter.

Disputing a charge under it. A person facing a demand or charge could readily dispute whether the official's subjective view of necessity or risk was actually met on the facts.

Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.

Did it work?

no evaluation found

    Who lobbied on it

    No lobbying registration naming this bill is loaded.

    Stages and dates from LEGISinfo.