Disposal of government records in Canada

The consent rule

Section 12(1) of the Library and Archives of Canada Act says no government or ministerial record, whether or not it is surplus property of a government institution, shall be disposed of, including by being destroyed, without the written consent of the Librarian and Archivist ¹. The Librarian and Archivist may delegate the power to give consent in writing ¹.

The Librarian and Archivist has a right of access to any record whose disposal they have been asked to approve, and the Act says this applies regardless of any other Act of Parliament ¹. Officers and employees of a government institution may grant that access ¹.

Transfer to Library and Archives Canada

One object of Library and Archives Canada is to be the permanent repository of publications of the Government of Canada and of government and ministerial records that are of historical or archival value ¹. Section 13(1) says records the Librarian and Archivist considers to have such value are transferred to their care and control under agreements made with the government institution or person responsible ¹.

Sections 12 and 13 do not apply to library or museum materials kept by an institution for reference or exhibition ¹. Once in the collection, the Librarian and Archivist may dispose of a record, including by destruction, if they consider it no longer necessary to keep it, subject to the terms under which it was acquired ¹.

Offences

The penalty section of the Library and Archives of Canada Act covers contravention of the legal deposit rule in section 10(1), the regulations, or a request for an archival copy under section 11(1) ². On summary conviction an individual faces the Criminal Code summary fine, and no prison term may be imposed for failing to pay it ².

The offence for destroying records to defeat access sits in the Access to Information Act. Section 67.1 makes it an offence to destroy, mutilate, alter, falsify or conceal a record, or direct anyone to do so, with intent to deny a right of access ³.

Duties to requesters

Section 4(2.1) of the Access to Information Act requires the head of an institution, without regard to the requester's identity, to make every reasonable effort to assist with a request, respond accurately and completely, and provide timely access in the format requested, subject to the regulations ³. A refusal notice must state that a record does not exist where that is the case ³. An institution that misses the time limits is deemed to have refused access ³.

Canadian statistics show how often requests yield nothing. In 2024-2025, excluding Immigration, Refugees and Citizenship Canada, no information was disclosed for 25.1% of requests ⁴.

How Canada compares