THE REGIONAL MUNICIPALITY OF PEEL
BY-LAW NUMBER 69-2000
|A by-law to provide for the preservation and destruction of documents and records of the Regional Municipality of Peel, and to repeal By-law Number 68-98.|
WHEREAS under Section 116 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, a municipality may by by-law establish schedules of retention periods during which its receipts, vouchers, instruments, rolls or other documents, records and papers must be kept by the municipality;
AND WHEREAS Section 136 of the Regional Municipalities Act, R.S.O. 1990, Chapter R.8, as amended, provides that Section 116 of the Municipal Act applies to the Regional Corporation;
AND WHEREAS the Council of the Regional Corporation has by Resolution passed on the 26th October, 2000 authorized the passing of a records retention by-law;
NOW THEREFORE the Council of the Regional Corporation enacts as follows:
1. In this by-law,
"dispose" means either to destroy records or to transfer records to the Region of Peel Archives and "disposition" has the same meaning;
"office of record" means the office which is responsible for retaining specified records identified in the retention schedule;
"official records" means records that serve important functions of the Region, such as supporting program delivery or policy development, meeting legal, financial and other official requirements, or providing evidence of decisions and actions;
"records" means any recorded information, however recorded, whether in printed form, on film, by electronic means or otherwise, including correspondence, memoranda, plans, maps, drawings, graphic works, photographs, film, microfilm, sound recordings, videotapes, machine readable records, and any other documentary material, regardless of physical form or characteristics, and including "official records" and "transitory records";
"records centre" means a low cost storage facility used to house inactive records of the Region and that complies with the ARMA International Guideline to Records Center Operations (1986), published by the Association of Records Managers and Administrators, Inc., as amended;
"retention period" means the period of time during which records must be kept by the Region before they may be disposed of;
"retention schedule" means the schedule prescribing how long specific records must be retained before they may be disposed of;
"signing authority" means a person responsible for the operation and management of a division or section and designated by an office of record with authority to approve the relocation or destruction of records in accordance with this by-law;
"transitory records" means records kept solely for convenience of reference and of limited value in documenting the planning or implementation of Regional policy or programs, such as:
3. All employees who work with, create or manage records shall:
4. The Manager of Corporate Records shall:
6. The following principles govern the destruction of official records:
7. When the Regional Archivist deems official records to be of archival significance, the Archivist has the authority to stop a disposition or remove selected records from a disposition.
8. Official records in the custody or control of the Region must not be destroyed by any person unless such records are identified in a disposition notice or have outlived the required retention period of the retention schedule. Copies of official records may be destroyed at any time if the original records are being retained subject to a retention period.
9. The Manager of Corporate Records shall ensure that all disposition notices prepared pursuant to section 5 and certificates of destruction prepared pursuant to section 10 are preserved.
10. When official records have been destroyed pursuant to this by-law, the Manager of Corporate Records shall obtain written confirmation of the destruction.
11. This by-law shall not take effect until the Region's auditor has approved it in writing.
12. By-law Number 68-98 is repealed.
13. This by-law may be cited as the "Records Retention By-law".
READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this October 26th , 2000.