The Nova Scotia Legislature

The House resumed on:
September 21, 2017.

Bill No. 156

Public Archives Act (amended)

An Act to Amend Chapter 24 of the Acts of 1998, the Public Archives Act

Introduced by:
Honourable Tony Ince
Minister of Communities, Culture and Heritage

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
    Meeting Date(s) April 25, 2016
    Reported to the House
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent
Commencement February 15, 2017
2016 Statutes, Chapter 15

Explanatory Note

Clause 1 adds a definition of “archival records” and amends the definitions of “Board” and “records”.
Clause 2 adds a provision specifying the mandate of the Public Archives of Nova Scotia and revises the objects and functions of the Public Archives.
Clause 3
(a) renames the Board of Trustees of the Public Archives as the Advisory Board of the Public Archives;
(b) revises the responsibilities of the Board; and
(c) authorizes the Minister to appoint persons to the Board in accordance with the regulations.
Clause 4 authorizes the Minister, rather than the Governor in Council, to appoint one of the members of the Board as Chair and to set the person’s term of office as Chair.
Clause 5 amends the powers of the Provincial Archivist and gives the Provincial Archivist authority to enter into agreements in furtherance of the exercise of those powers.
Clause 6 clarifies that the prohibition on a public body destroying or disposing of a record, other than in accordance with the Government Records Act, does not restrict the authority of the Provincial Archivist to destroy or dispose of a record the retention of which is no longer necessary.
Clause 7 clarifies how and when the care and control of certain records must be transferred to the Public Archives.
Clause 8 revises the provision governing the use as evidence of certified copies of records in the custody of the Public Archives.
Clause 9
(a) clarifies that the amounts credited to the Public Archives Account in the accounts of Nova Scotia is not to include money that is included in the Department of Communities, Culture and Heritage’s annual budget as approved by the Legislature;
(b) provides that any gift, devise, bequest or trust to or for the benefit of the Public Archives is deemed to be a gift to the Crown and is held for the benefit of the Public Archives; and
(c) authorizes the Provincial Archivist to establish policies and procedures for dealing with the money received by the Crown and credited to the Public Archives Account.
Clause 10 authorizes the Governor in Council to make regulations respecting the composition of the Board, the appointment process, the term of office for its members, and the circumstances under which a member may or may not be re-appointed.
Clause 11 corrects a typographical error.
Clause 12 provides for the continuation of certain members of the Board of Trustees as members of the Advisory Board.
Clause 13 provides that this Act comes into force on proclamation