20 (1) Despite sections 13 and 14 or an agreement entered into under section 18, the Archivist may at any time designate any public record or class of public records that is in the custody or control of a public body if, in the Archivist’s opinion, the record or class of records, (a) may be of archival value; and (b) is at imminent risk of being damaged or destroyed or otherwise disposed of.  2006, c. 34, Sched. A, s. 20 (1). Notice (2) The Archivist shall give the public body with custody or control of the record or records notice in writing of the designation.  2006, c. 34, Sched. A, s. 20 (2). Effect of notice (3) The public body shall not damage or destroy or otherwise dispose of the designated record or records until the expiry of 45 days after the date of the written notice of the designation, except with the written consent of the Archivist.  2006, c. 34, Sched. A, s. 20 (3). Archivist’s powers (4) The Archivist may, before the expiry of the 45-day period, (a) review the designated record or records to determine if they are records of archival value; and (b) if the Archivist determines that they are records of archival value, direct the public body to, (i) transfer the record or records to the custody and control of the Archives of Ontario by a specified date, or (ii) enter into an agreement with the Archivist under clause 18 (1) (a) or amend an existing such agreement.  2006, c. 34, Sched. A, s. 20 (4); 2019, c. 7, Sched. 3, s. 7. Direction, agreement prevail over approved records schedule (5) In the event of a conflict between a direction under subclause (4) (b) (i) or an agreement entered into or amended pursuant to a direction under subclause (4) (b) (ii) and an approved records schedule, the direction or agreement prevails, and the public body shall transfer the record or records in accordance with the direction or agreement.  2006, c. 34, Sched. A, s. 20 (5). Other agreements null and void (6) Any agreement entered into by the public body after receipt of the notice of designation, other than an agreement entered into or amended pursuant to a direction under subclause (4) (b) (ii), to damage or destroy or otherwise dispose of the designated record or records before the expiry of the 45-day period and without the written consent of the Archivist is null and void.  2006, c. 34, Sched. A, s. 20 (6). No liability for designation (7) No action or other proceeding for damages shall be instituted against the Crown, the Minister or the Archivist in respect of a designation made or not made by the Archivist under this section.  2006, c. 34, Sched. A, s. 20 (7). Offence (8) Every person is guilty of an offence who, (a) damages, destroys or otherwise disposes of a public record that is designated by the Archivist under this section within 45 days after the designation is made, except pursuant to a direction of the Archivist under subclause (4) (b) (i) or an agreement entered into or amended pursuant to a direction of the Archivist under subclause (4) (b) (ii) or with the Archivist’s written consent; (b) refuses the Archivist access to any records designated under this section; or (c) fails to transfer a designated record to the custody and control of the Archives of Ontario in accordance with the Archivist’s direction under subclause (4) (b) (i).  2006, c. 34, Sched. A, s. 20 (8). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 3, s. 7 - 29/05/2019