Record Retention By-law

The Corporate Services Committee recommends that Council approve the request from the Toronto Transit Commission embodied in the following communication (September 4, 1998) from the General Secretary, Toronto Transit Commission, to amend Metropolitan Toronto By-law No.2696 to delete reference to Commission records and to enact the draft by-law appended to this Clause for the purpose of establishing a separate and updated schedule of retention periods for records of the Toronto Transit Commission:

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 No. (2) of the report.

(Toronto Transit Commission

Report No. 18, entitled

"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 January1, 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.

________

August 13, 1998

1-64Attachment: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 Commission'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

_________________________________________________________________

MayorCity Clerk

SCHEDULE "A"