September 4, 1998
Ms. N. Wong
Clerk
City of Toronto
7th Floor, Metro Hall
55 John Street
Toronto, Ontario
M5V 3C6
Dear Ms. Wong:
At its meeting on Wednesday, September 2, 1998, the Commission considered the attached report entitled, "Record
Retention By-law."
The Commission approved the Recommendation contained in the above report, as listed below:
"It is recommended that the Commission:
1.Approve the attached draft by-law showing the retention periods for the Commission's records which will replace that
portion of Metropolitan Toronto By-law 2696 relating to records of the Toronto Transit Commission; and
2.Request City of Toronto Council to amend Metropolitan Toronto By-law 2696 to delete reference to Commission
records and to enact this draft by-law for the purpose of establishing a separate and updated schedule of retention periods
for records of the Toronto Transit Commission."
The foregoing is forwarded to City of Toronto Council for the necessary action, as detailed in Recommendation #2 of the
report.
Sincerely,
Vincent Rodo
General Secretary
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Attachments
Copy:K. Druckman, Solicitor, City of Toronto
TORONTO TRANSIT COMMISSION
REPORT NO. 18
MEETING DATE:September 2, 1998
SUBJECT:Record Retention By-law
___________________________________________________________________
RECOMMENDATION
It is recommended that the Commission:
1.Approve the attached draft by-law showing the retention periods for the Commission's records which will replace that
portion of Metropolitan Toronto By-law 2696 relating to records of the Toronto Transit Commission; and
2.Request City of Toronto Council to amend Metropolitan Toronto By-law 2696 to delete reference to Commission
records and to enact this draft by-law for the purpose of establishing a separate and updated schedule of retention periods
for records of the Toronto Transit Commission.
DISCUSSION
The Toronto Transit Commission is a local board of the City of Toronto. Under Section 116(1) of the Municipal Act, the
Commission, as a local Board, cannot destroy any of its records or documents except:
1)with the approval of the Ministry of Municipal Affairs; or
2)in accordance with a by-law passed by the municipality and approved by the auditor of the municipality establishing
retention periods for such records and documents.
In this regard, the former Municipality of Metropolitan Toronto enacted By-law No. 2696, establishing a schedule of
retention periods for records of local boards, and enacted By-law No. 73-89, amending By-law No. 2696, to provide a
schedule of retention periods for records of the Toronto Transit Commission. In recognizing the formation of the new City
of Toronto on January 1, 1998, it is now proposed that City Council amend the aforementioned Metro by-law by deleting
the section relating to the Toronto Transit Commission, and to enact an updated, stand-alone by-law for the purpose of
governing the retention and destruction of Commission records.
As part of this update, staff have reformatted the by-law so that the records contained in Schedule "A" are presented in a
functional rather than alphabetic format (to facilitate ease of use internally), incorporated previously unscheduled record
series, revised retention periods to reflect current legislative or departmental business requirements, and included a
provision for the retention of photographic copies as the original record in cases where the original paper record has been
microfilmed.
The City Solicitor and City Auditor concur with the proposed by-law and retention periods contained therein.
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August 13, 1998
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Attachment:Draft by-law and Schedule 'A'
Authority:
Intended for first presentation to Council:
Adopted by Council:
CITY OF TORONTO
Bill No.
DRAFT BY-LAW No. [ ]
To establish a schedule of retention periods for records of
TORONTO TRANSIT COMMISSION
WHEREAS subsection 116(1) of the Municipal Act provides that a local board, as defined in the Municipal Affairs Act,
shall not destroy any of its records or documents except with the approval of the Ministry of Municipal Affairs or in
accordance with a by-law passed by the municipality and approved by the auditor of the municipality establishing
retention period for such records and documents; and
WHEREAS Toronto Transit Commission ("the Commission") is a local board of the City of Toronto, as defined in the
Municipal Affairs Act; and
WHEREAS subsection 116(6) of the Municipal Act provides that a by-law passed by a municipality may provide that a
photographic copy of a record shall be deemed to be the original thereof if the original record has been destroyed in
accordance with such by-law; and
WHEREAS the former Municipality of Metropolitan Toronto enacted By-law No. 2696, establishing a schedule of
retention periods for records of local boards, and enacted By-law No. 73-89, amending By-law No. 2696, to provide a
schedule of retention periods for records of the Commission; and
WHEREAS the Commission, by Minute No. 1747 adopted at its meeting of September 2, 1998, requested initiation of the
process to amend By-law No. 2696 to delete that portion of Schedule "A" that relates to the Commisison's records, to
enact a separate, up-dated by-law governing the retention and destruction of Commission records, and to provide for
retention of Commission records in microfilmed form; and
WHEREAS it is expedient that the City of Toronto enact a by-law respecting retention of the Commission's records,
incorporating the requested provisions;
The Council of the City of Toronto HEREBY ENACTS as follows:
1.The Commission shall retain the receipts, vouchers, instruments, rolls, or other documents, records and papers classified
in Column 1 and described under Column 2 of Schedule "A" to this By-law for the period set out in Column 3 opposite
such description, and may thereafter destroy them.
2.The Commission's receipts, vouchers, instruments, rolls and all other documents, records and papers described in
Schedule "A" may be destroyed within the scheduled retention period if they are copied and retained in microfilm form.
Thereafter, such microfilm shall be retained for the balance of the scheduled retention period and shall be deemed to be
the original record.
3.Schedule "A" to Municipality of Metropolitan Toronto By-law 2696 as amended, is hereby amended by repealing
By-law 73-89.
4.This By-law shall come into force on the date of its enactment.
ENACTED AND PASSED this day of A.D. 1998
____________________________ _____________________________________
Mayor City Clerk
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