Bill 118 (Legislature 16, Session 3)

L16 S3 4810

Alberta — Bills

1970 Bill 118 , ,I, f,\ F' ,. ""--->" Third Session, 16th Legislature, 19 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 118

An Act respecting Public and Official Documents THE PROVINCIAL SECRETARY First Reading ............................. . Second Reading Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmollton

BILL 118 1970

An Act respecting Public and Official Documents (Assented to , 1970) HER MAJESTY, by and with the advice and consent of the Legis'lative Assembly 'Of the Province of Alberta, enacts as follows: 1. This Act may be cited as The Public Documents Act. 2. In this Act, (a) "Archives" lneans the Provincial Museum and Archives maintained under The Alberta Heritage Act; (b) "department" means a department of the Govern ment and includes (

i) any board, commission or establishment that forms part of the public service of the Province but that is not part of any department, (ii) the office of the Clerk of the Legislative As sembly, (iii) any Provincial agency or Crown corporation, and (iv) any court established by the Province; (c) "document" includes any paper, record, map, photo graph, book or other documentary material regard less of physical form or characteristics; (d) "Minister" means the member of the Executive Council charged with the administration of this Act; (e) "official document" means any document created in the administration of the public affairs of the Province, other than a public document; (I) "public document" includes any certificate under the Great Seal of the Province, legal document, security issued by the Government under The Fin ancial Administration Act, voucher, cheque and accounting record and any other document created in the administration of the public affairs of the Province that is designated by the Lieutenant Gov ernor in Council as a public document.

Explanatory Notes I. This Bill will provide a separate Act dealing with the preser vation and destruction of official and public documents. It will replace provisions presently found in The Provincial Archives Act. 2.

Definitions.

3. There shall be a committee to be known as the Public Documents Committee \vhich shall consist of (

a) the Provincial Archivist, who shall be chairman, (

b) a representative of the Attorney General, (

c) a representative of the Provincial Auditor, (

d) the Provincial Librarian or his representative, and (

e) such other persons as may be appointed by the Lieutenant Governor in Council. 4.

(1) Any official document in the possession of a de partment shall be preserved by the department until it is destroyed or transferred to the Archives pursuant to this section.

(2) The Public Documents Committee may (

a) by unanimous decision sanction the destruction of any official document where it is satisfied that the preservation of the document is not required for the purposes of the Archives or for any other purpose, and (

b) direct that any official document or class or ex ample thereof be transferred to the Archives. 5.

(1) Any public docuITlent in the possession of a de partment shall be preserved by the department until it is destroyed or transferred to the Archives pursuant to this section.

(2) Upon the unanimous recomrnendation of the Public Documents Committee, the Lieutenant Governor in Council may order that a public document be destroyed where (

a) the public document is not required for the pur poses of the Archives or for any other purpose, and (

b) the public document has been in existence for not less than five years.

(3) On the recommendation of the Public Documents Committee, the Lieutenant Governor in Council, may direct that any public document or any class or example thereof be transferred to the Archives. 6. The Lieutenant Governor in Council may direct that any official document or public document transferred to the Archives shall not be made available for public inspection for sllch period as he specifies. 7.

(1) The Public Documents Committee may by unani mous decision sanction the destruction of any official docu- 2

3. Constitution of Public Documents Committee. 4. Disposition of official documents. 5. Disposition of public documents. 6. Documents not to be made available. 7. Destruction of documents in the Archives.

ment in the Archives that is no longer required for the pur poses of the Archives or for any other purpose.

(2) The Lieutenant Governor in Council may, upon the unanimous recommendation of the Public Documents Com mitee, order the destruction of any public document in the Archi ves that (

a) is no longer required for the purposes of the Archives or for any other purpose, and (

b) has been in existence for at least five years. 8.

(1) The Lieutenant Governor in Council may make regulations (

a) upon the unanimous recommendation of the Public Documents Committee (

i) designating any document or class thereof to be or not to be a public document for the pur poses of this Act, or (ii) establishing classes of document that exist or may come into existence that and (

A) may be destroyed, including the method of destruction and the person who may destroy them, (

B) shall be transferred to the Archives and the time at which the transfer shall take place, and (

c) having been transferred to the Archives, may not be made available for public in spection for such period of time as he may designate, (

b) respecting any other matter necessary to give effect to the intent of this Act. 9. As soon as possible after 31st January each year the Public Documents Committee shall prepare a report of its activities during the preceding 12 months and the Min ister shall lay a copy of it before the Legislative Assembly if it is in session and if not, within 15 days after the com mencement of the next ensuing session. 10. This Act comes into force on the day upon which it is assented to. 3

8. Regulations. 9. Annual Report. 3 Title: 1970 (16th, 3rd) Bill 118,

An Act respecting Public and Official Documents

Document details

Collection	Alberta — Bills
Citation	L16 S3 4810
Type	bill
Volume / chapter	L16 S3 4810
Language	en
Format	json
Source	PROVINCIAL
Identifier	afdf9498e8f563d3a062bf9af70eed2c208461a1

Source file is stored in the law ingest library (json).