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HomeMy WebLinkAboutCRPS-05-108 - Repeal & Replace Records Retention By-Law 2004-155 ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Finance and Corporate Services Committee June 27, 2005 Gary Sosnoski, City Clerk and Chair, Records Retention Committee Christine Tarling, Manager of Corporate Records and Archives Services, ext. 2769 None June 9, 2005 CRPS-05-108 RECORDS RETENTION BY-LAW AND SCHEDULE RECOMMENDATION: That the Records Retention By-law 2004-155 (being a by-law to establish retention periods and disposition methods for records of the municipality) be repealed; and further, That the Records Retention By-Law attached to Corporate Services Department report CRPS-05-108, dated June 9, 2005, be approved. BACKGROUND: Section 255 (3) of the Ontario Municipal Act authorizes a municipality to establish retention periods during which the records of the municipality must be retained and preserved subject to the approval of the municipal auditor. The Act no longer requires City Council to pass a by-law establishing retention periods and disposition methods for all corporate records, although having a by-law does provide more authority to the retention schedule. The existing Records Retention By-law 2004-155 and attached Schedules 1 to 14 were passed on June 29, 2004 and came into effect on July 30, 2004. Since that time, the Records Retention Committee has approved 60 changes to the retention schedule with another 107 changes pending approval. REPORT: The proposed major change to By-law 2004-155 is to Section 2 which will allow for the retention schedule to stand as a separate document from the by-law. This will allow amendments to the schedule to be made without having to continually amend our by-law. Under the change it is proposed that Council delegate the approval of the retention schedule to the Records Retention Committee which is comprised of the City Clerk, the City Treasurer, the City Solicitor and the City Auditor as well as the Manager of Corporate Records and Archives Services and the Corporate Records Analyst. This change will allow amendments to the schedule to be made on an ongoing basis without having to bring them to Council for approval each time. Overall, the proposed change to Section 2 will help to ensure that we are in compliance with the schedule in accordance with the Municipal Act by allowing for the most up-to-date version of the retention schedule to be available to City staff at all times. Other proposed minor changes to the by-law relate to the proposed major change to Section 2 while others include additional definitions, the specification of ownership of City records as well as a broad statement concerning a requirement for the way in which records should be created. FINANCIAL IMPLICATIONS: N/A COMMUNICATIONS: The proposed changes to the Records Retention By-law have been discussed with and approved by the Records Retention Committee. The most up-to-date version of the retention schedule will be available on the intranet in a searchable format for City staff. Christine Tarling Manager of Corporate Records and Archives Services