Archives Act

Consolidated act

Citation: R.S.N.W.T. 1988, c.A-6
Source: Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.1 amended by S.N.W.T. 1999,c.21,s.2(2) in force Dec. 31, 1999
s.1 amended by An Act to Amend the Archives Act in force May 1, 2008 (SI-004-2008)
s.4 amended by An Act to Amend the Archives Act in force May 1, 2008 (SI-004-2008)
s.5 amended by An Act to Amend the Archives Act in force May 1, 2008 (SI-004-2008)
s.6 repealed by An Act to Amend the Archives Act in force May 1, 2008 (SI-004-2008)
s.7 amended by Miscellaneous Statute Law Amendment Act, 2018
s.9 amended by An Act to Amend the Archives Act in force May 1, 2008 (SI-004-2008)
s.10 amended by S.N.W.T. 1999, c.21, s.2(4) in force Dec. 31, 1999
s.11 amended by S.N.W.T. 1999,c.21,s.2(5) in force Dec. 31, 1999
s.11 amended by S.N.W.T. 2000,c.16, s.1(5)
s.11 amended by S.N.W.T. 2002,c.20, s.1(3)
s.11 amended by An Act to Amend the Archives Act in force May 1, 2008 (SI-004-2008)

Cites

None.

Cited by

Contents

1. Definitions 2. Conflict with other Acts and orders 3. Territorial Archivist 4. Northwest Territories Archives 5. Transfer of public records to Archivist 6. Repealed 7. Acquisition of documentary material 8. Certified copies of public records and documents 9. Authority to destroy or relinquish control over public records 10. Offence and punishment 11. Regulations

Regulations

Archives Regulations Designation of Government Body Regulations Publications Regulations

Definitions

In this Act,

"Archives" means the Northwest Territories Archives established by section 4; (archives)

"Archivist" means the Territorial Archivist appointed under section 3; (archiviste)

"government body" means

(a) a department, branch or office of the Government of the Northwest Territories,

(b) an agency, board, commission, corporation, office or other body designated in the regulations, or

"public record" means a record that is created by or for or is received by a government body in carrying out its activities, but does not include

(a) a record of the Legislative Assembly, the office of the Speaker of the Legislative Assembly or the office of the Clerk of the Legislative Assembly,

(b) a record of a committee of the Legislative Assembly,

(d) a record of a member of the Executive Council that relates to his or her activities as a member of the Legislative Assembly,

(e) correspondence sent or received by a member of the Legislative Assembly, unless the correspondence relates to his or her responsibilities as a member of the Executive Council,

(f) a record of a member of the Legislative Assembly, including a member of the Executive Council, that relates to his or her constituency office or to his or her representation of constituents, or

(g) a surplus copy of a record or a copy of a record that is created only for convenience of reference; (document public)

"record" means a record of information, regardless of its form and characteristics, the means by which it was created and the media on which it may be stored and, without limiting the generality of the foregoing, includes

(a) a document, book, ledger, photograph, image, audiovisual recording, x-ray, map and drawing, and

(b) a record created or stored in digital or other intangible form by electronic means,

but does not include software or a mechanism that produces records. (document) S.N.W.T. 1999,c.21,s.2(2); S.N.W.T. 2007,c.2,s.2.

Conflict with other Acts and orders

Nothing in this Act shall be construed to authorize the destruction or other disposition of any public record in contravention of any Act or order of a court or the Commissioner.

Territorial Archivist

There shall be an officer in charge of the Northwest Territories Archives called the Territorial Archivist who shall be appointed by the Minister.

Northwest Territories Archives

The Northwest Territories Archives are established and shall consist of

(a) all records under the care, custody and control of the Archivist on December 3, 1981; and

(b) all other records that are placed under the care, custody or control of the Archivist under this or any other Act or under an agreement that the Archivist enters into.

S.N.W.T. 2007,c.2,s.3.

Transfer of public records to Archivist

(1) Subject to the regulations, a government body shall transfer every public record that is held by it or under its control to the Archivist within 30 years after the date on which the record came into existence.

Safekeeping

(2) The Archivist is responsible for the safekeeping of every public record that is transferred to the Archivist under this section.

Access

(3) Public records transferred to the Archivist under this section shall be made available to the public in accordance with the regulations.

Return of public record

(4) Where a public record has been transferred to the Archivist under this section, the government body from which the public record was transferred may, in writing, apply to the Archivist to have the public record returned to it for its use. S.N.W.T. 1999, c.21, s.2(3); S.N.W.T. 2000,c.16,s.1(3); S.N.W.T. 2007, c.2,s.4.

(5) Repealed, S.N.W.T. 2007,c.2,s.4.

(6) Repealed, S.N.W.T. 2007,c.2,s.4.

Repealed, S.N.W.T. 2007,c.2,s.5.

Acquisition of documentary material

(1) The Archivist may acquire by gift, bequest, loan or purchase or in any other similar manner, and place in the Archives, any pamphlet, map, chart, manuscript, paper, book, photograph or other documentary material regardless of physical form or characteristic, having any bearing on the history of the Territories.

Ministerial agreements

(2) The Minister may enter into agreements on behalf of the Government of the Northwest Territories for the purpose of making acquisitions.

Archival purchase agreements

(3) Notwithstanding subsection (2), the Archivist may enter into agreements for the purchase of documentary materials only to the extent of the money voted by the Legislative Assembly for the purpose of the Archives. S.N.W.T. 2018,c.18,s.2.

Certified copies of public records and documents

The Archivist may certify a copy of any public record or other document in the Archives to be a true copy of the public record or document from which the copy was made and the certified copy is, in the absence of evidence to the contrary, proof of the existence of the public record or document from which the certified copy was made without the proof of the appointment or signature of the Archivist.

Authority to destroy or relinquish control over public records

(1) No government body shall, except with the written authorization of the Archivist or as authorized by the regulations, destroy any public record over which it has control or relinquish its control over any such record to a non-government body.

Archivist’s authorization

(2) The Archivist may only provide a written authorization referred to in subsection (1) if he or she is of the opinion that the public record does not have archival value. S.N.W.T. 2007,c.2,s.6.

Offence and punishment

10.

Every person who unlawfully damages or mutilates a public record or, except as authorized by this Act or the regulations, destroys a public record or removes or withholds a public record from a government body or the Archives, is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both. S.N.W.T. 1999, c.21, s.2(4).

Regulations

11.

The Commissioner in Executive Council may make regulations

(a) extending or reducing the period of time that is to elapse before a public record is to be transferred to the Archivist;

(b) authorizing the destruction of a public record before the date of transfer to the Archivist;

(c) respecting the preservation, storage, transfer and destruction of public records, including requirements for methods and conditions of preservation, storage, transfer and destruction;

(d) respecting the manner in which a public record may be recalled under subsection 5(4);

(e) respecting the manner in which the public may have access to public records and any other records in the Archives;

(f) prescribing any fees that may be charged for the production of copies of public records and any other records in the Archives;

(g) establishing classes of records and public records, for the purposes of regulations made under any or all of paragraphs (a) to (f);

(h) designating agencies, boards, commissions, corporations, offices or other bodies as government bodies;

(i) respecting additional powers and duties of the Archivist; and

(j) for carrying out the purposes and provisions of this Act.

S.N.W.T. 1999,c.21,s.2(5); S.N.W.T. 2000,c.16, s.1(5); S.N.W.T. 2002,c.20, s.1(3); S.N.W.T. 2007, c.2,s.7.