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THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
BY- LAW NO. 16- 69
Being a By- law to establish the retention periods for documents
and records to be kept by The Corporation of the Township of
Malahide.
WHEREAS
Section 5( 3) of the Municipal Act, 2001, c. 25, as amended,
authorizes a municipality to pass by-laws to exercise its municipal powers;
AND WHEREAS Section 254( 1) of the Municipal Act, 2001, c. 25, as amended,
provides that a municipality shall retain and preserve the records of the municipality and
its local boards in a secure and accessible manner;
AND WHEREAS Section 255( 3) of the Municipal Act, 2001, c. 25, as amended,
provides that a municipality may, subject to the approval of the municipal auditor,
establish retention periods during which the records of the municipality and local boards
of the municipality
must be retained and preserved;
AND WHEREAS the Council of The Corporation of the Township of Malahide
wishes to provide for the orderly retention and subsequent destruction or other
disposition of its records;
NOW THEREFORE the Council of The Corporation of the Township of Malahide
HEREBY ENACTS AS FOLLOWS:
DEFINITIONS
In this By-law:
Active" refers to a record that is required for current use or is regularly
referenced.
Archival" refers to those records that are to be retained on a permanent basis
due to their historical and research value.
Auditor" means the person or firm appointed by the Council of the Township of
Malahide from time to time to perform the annual audit of the records of the
Township of Malahide.
Classification" ( as in records classification) means the systematic identification
and arrangement of records into categories according to logically structured
conventions, methods and procedural
rules, represented
in a classification
scheme.
Corporation" means The Corporation of the Township of Malahide.
By-law No. 16-69
Page 2
Destroy" and/ or "Dispose" refers to the process of eliminating or deleting of date,
documents and records so that the recorded information no longer exists.
File" has the same meaning as " records" and may be used inter -changeably.
Inactive" refers to the status of those records which have exceeded their active
use but are still
required
on a less frequent
basis. The retention of a record will
start at this point because the file has been closed or ended in some way.
In Department" ( In Dept.) refers to the period of time records are kept " On -Site"
or in department during the inactive portion of their lifecycle.
Medium" and/ or " Media" means the physical
material
which serves
as a
functional unit, in or on which information or data is normally recorded, in which
information or data can be retained and carried, from which information or data
can be retrieved, and which is non- volatile in nature.
Official Records" means recorded information
in any format or medium that
documents the company' s business activities, rights, obligations, or
responsibilities or recorded information that was create, received, distributed or
maintained by the company in compliance with a legal obligation.
Off -Site" the period of time records are kept " Off -Site" or in storage during the
inactive portion of their lifecycle.
Records" means any record of information, however recorded, whether in printed
form, on film, be electronic means or otherwise, including but not limited to
correspondence, memoranda, plans, maps, drawings, graphic works,
photographs, film, microfilm, microfiche, sound records, videotapes, machine
readable records including email and databases, and any other documentary
material regardless of physical form or characteristics, and including " official
records" and " transitory records".
Retention Period" means the period of time during which records must be kept
by the Township before they may be disposed of.
Retention Schedule" refers to a control document that describes the
Corporation' s records at a series level and indicates the length of time that each
series shall
be retained before its final disposition.
It specifies those records to
be preserved for their archival or legal values, and authorizes on a continuing
basis the destruction of the remaining records after the lapse of a specified
retention
period or the occurrence of specified actions or events.
Records
retention schedules serve as the legal authorization for the disposal of the
Corporation' s records.
Transitory Records" means records kept solely for convenience of reference and
of limited value in documenting the planning or implementation
of Township
policy or programs.
By-law No. 16-69
Page 3
Vital Records" are those that are essential to the continuation or resumption of
Township business. Such records are required
in order to recreate the financial
and legal status of the Township in an emergency situation and/or are needed in
order to enable the municipality to recover from a disaster situation with minimal
disruption, cost and risk.
2.
DUTIES AND RESPONSIBILITIES
a)
Records are the property of The Corporation of the Township of Malahide.
b)
The " Official Record Holder" refers to the department, division, or service
area which holds custody of the original records for the length of time
required under Schedule " A" attached hereto.
c)
All Township employees who create, work with, or manage records shall:
i.
Comply with the retention periods as specified in Schedule "A"
attached hereto;
ii.
Ensure that official records in their custody or control are protected
from inadvertent destruction or damage; and
iii.
Ensure that transitory records in their custody or control are
destroyed when they are no longer needed for short-term reference.
3.
RETENTION
SCHEDULE
a)
The retention periods for the records are set out in Schedule " A" attached
hereto and forming part of this By- law.
b)
The Clerk shall administer this By-law and shall ensure that the retention
periods set out in Schedule " A" attached hereto complies with all relevant
legal requirements for records retention.
4.
PRINCIPLES GOVERNING THE DESTRUCITON OF OFFICIAL RECORDS
a)
The following principles govern the destruction of official records;
i.
When there are no further business or legal reasons for retaining
official records, they shall be destroyed or expunged as appropriate;
ii.
Official records pertaining to pending or actual investigation or
litigation shall not be destroyed;
iii.
Official records disposed
of at the end of a retention
period, as well
as drafts and copies of records disposed of on a regular basis, shall
be destroyed in a way that preserves the confidentiality of any
information they contain.
b)
Official records in the custody or control of the Township shall not be
destroyed unless such records are older than the retention period set out
in Schedule " A" attached hereto.
By- law No. 16- 69
Page 4
c) "
Copies" of official records may be destroyed at any time if the original
records are being retained in accordance with Schedule " A" attached
hereto.
d)
In the event of any conflict between this By-law and any statute or
regulation
of the Government
of Canada or the Government
of the
Province of Ontario, such
statute
or regulation shall
prevail.
If changes
in
the Act or pending legislation require the retention of any documents or
records beyond the period stipulated in this by- law, then such documents
or records shall be retained according to such requirements.
5.
REPEAL OF BY- LAW
a)
THAT By-law No. 14-61, as adopted on August 7, 2014, including all
appendices
is hereby repealed
in its entirety.
b)
THAT any other by-laws or provisions in other by-laws found to be
inconsistent with this By- law are hereby deemed to be repealed.
6.
APPROVALS
THAT this By- law shall come into force and take effect on the final passing
thereof, but the retention periods as set out in Schedule " A" attached hereto shall
take effect only upon approval of the Township' s Auditor.
READ a FIRST and SECOND
time this
3rd day of November, 2016.
TRE
THIRD time
and FINALLY
PASSED this
3rd day of November, 2016.
aydr, D. Mennill
r
vA
Clerk, M. Casavecchia- Somers