Retention and Disposition of Municipal Records Regulation

Retention and Disposition of Municipal Records Regulation, M.R. 53/97 The Municipal Act , C.C.S.M. c. M225 Regulation 53/97 Registered March 4, 1997 bilingual version (HTML) Definitions 1 In this regulation, "archives" means an agency responsible for the permanent storage of records that are designated as archival in the Schedule; (« archives ») "designated as archival" means a record that is required under the Schedule to be transferred to an archives; (« désigné document d'archives ») "disposition" means transfer to an archives ("Archive") or destroy, ("Destroy") as provided in the Schedule; (« déclassement ») "minimum retention period" means the minimum time period for which a record must be retained before it is destroyed or transferred to an archives. (« période de conservation minimale ») Retention and disposition requirements respecting records 2 A council must ensure (a) in respect of each record, that (i) the record is retained by the municipality for the minimum retention period, (ii) documentation of the disposition of the record is maintained which provides details of the destruction of a record, or its transfer to an archives; (b) in respect of each record designated as archival, that (i) the record is not destroyed, and (ii) the record is transferred to the Archives of Manitoba, or to an archives that the council has determined meets established minimum archival standards, as soon as is reasonably possible after the minimum retention period. Other requirements respecting records 3(1) A council must ensure in respect of each record that reasonable care is taken to protect the record against damage, deterioration, unauthorized destruction or alienation. 3(2) A council that retains a record in electronic form must ensure that the record is retained and retrievable for the minimum retention period. 3(3) A council that retains a record that is designated as archival in electronic form must copy the record to paper or microfilm for the purpose of transfer to an archives. 3(4) Microfilm applications of records designated as archival must conform to industry accepted technical standards and established preparation and documentation procedures. Duplicate copies of records 4 A council may destroy or authorize the destruction of a duplicate copy of a record at any time. SCHEDULE RECORDS RETENTION AND DISPOSITION Item COLUMN 1 Description of Record COLUMN 2 Minimum Retention Period COLUMN 3 Disposition 1. COUNCIL 1.1 Minutes 1.1(a) Original Minutes (not microfilmed) 10 years Archive 1.1(b) Original Minutes (microfilmed) None Archive 1.1(c) Original Microfilm of Minutes None Archive 1.2 By-laws 1.2(a) Original By-laws (not microfilmed) 20 years Archive 1.2(b) Original By-laws (microfilmed) None Archive 1.2(c) Original Microfilm of By-Laws None Archive 1.3 Committee reports 10 years Archive 1.4 List of electors 4 years Archive 1.5 Nomination papers Expiration of term Destroy 1.6 Election records 1 year after election Destroy 1.7 Oath of office for members of council Expiration of term Destroy 1.8 Disclosure of assets and interests 6 years Destroy 1.9 Election appeals 1 year after appeal order Destroy 1.10 Resolutions 1 year Destroy 2. HUMAN RESOURCES 2.1 Payroll records 2.1(a) Registers dating from time employees participated in Municipal Employees Benefits Board 10 years Destroy 2.1(b) Registers relating to non-Municipal Employees Benefits Board participants 60 years Destroy 2.1(c) Time sheets (bi-weekly) 1 year Destroy 2.2 Employee files (includes applications, leaves for vacation, sickness, education, leaves of absence, performance appraisals, Workers Compensation Board claims) 1 year after cessation of employment or 6 years after dismissal Destroy 2.3 Payroll administration (includes T-4's, TD-1's) 6 years Destroy 2.4 Grievance records 3 years after final decision Destroy 2.5 Personnel administration (includes policy and procedure records, policy manual) 2 years or until superseded Destroy 2.6 Competition and hiring records (includes applications of unsuccessful candidates, competition records, and other supporting documents) 1 year Destroy 3. ADMINISTRATION 3.1 Correspondence (routine correspondence of no continuing fiscal, legal or administrative value, including informational copies, letters of transmittal, invitations and cover letters, copies of minutes and reports received from non-profit or municipally funded organizations) 1 year Destroy 3.2 Other administrative records 3.2(a) Records management tracking files (inventories, disposition documentation) Maintain indefinitely in office of origin 3.2(b) General administrative records held by all operational divisions Retain as required Destroy 3.3 Administrative policies and procedures Until superseded Destroy 3.4 Insurance records 3.4(a) Policies Term + 1 year Destroy 3.4(b) Claims 1 year after resolution Destroy 3.5 Litigation records 6 years after settlement, judgement, discontinuance or dismissal Destroy 3.6 Workplace, Safety and Health 3.6(a) Workplace Hazardous Materials Information System (WHMIS) 30 years Destroy 3.6(b) All other records, including minutes and associated reports Retention and disposition in accordance with appropriate federal or provincial requirements 3.7 Tax certificates 6 years Destroy 4. FINANCIAL MANAGEMENT 4.1 Accounts payable and receivable (includes requisitions, purchase orders, receipts, invoices, utility billings, meter readings, and other source documents) 6 years Destroy 4.2 Banking records 6 years Destroy 4.3 Budget working papers 3 years Destroy 4.4 Financial statements 4.4(a) monthly 1 year Destroy 4.4(b) annual statement 5 years Destroy 4.4(c) annual report of auditor 5 years Archive 4.5 Ledgers 4.5(a) general 10 years Archive 4.5(b) other (all subsidiary ledgers) 10 years Destroy 4.6 Journals 10 years Destroy 4.7 Debentures (includes coupons) Term + 1 year Destroy 4.8 Loans and cancelled notes Term + 1 year Destroy 4.9 Agreements (working copies) Term + 1 year Destroy 4.10 Investment records Term + 1 year Destroy 4.11 Tenders/quotes 3 years Destroy 4.12 Liens Term + 1 year Destroy 5. LICENSING/PERMITS 5.1 Permits (buildings, utilities, occupancy, plumbing and electrical, including inspection reports and all supporting documents) Lifetime of building + 1 year Destroy 5.2 Licences (bicycle, animal, business etc., including applications and any supporting documents) Term + 1 year Destroy 6. WORKS/OPERATIONS 6.1 Operations activity reports 5 years Destroy 6.2 Capital project records 6.2(a) As-built drawings Lifetime of facility Destroy 6.2(b) All other project records 1 year following project completion Destroy 6.3 Equipment Records (includes acquisitions, warranties, maintenance and repair) Lifetime of unit Destroy 7. PARKS AND RECREATION 7.1 Facilities maintenance records 5 years Destroy 7.2 Facilities operations records (includes user contracts/rates, staffing records, programming records) 2 years Destroy 7.3 Capital project records 7.3(a) As-built drawings Lifetime of facility Destroy 7.3(b) All other project records 1 year following project completion Destroy 8. PROPERTY MANAGEMENT 8.1 Property titles Until title transferred Not applicable 8.2 Land ledger sheets Until property transferred Destroy 8.3 Easement agreement Term + 1 year Destroy 8.4 Leasing records (copy of lease and supporting documents) Term + 1 year Destroy 8.5 Registered plans Until superseded Destroy 9. CEMETERY ADMINISTRATION 9.1 Site plans/Plot Register/Index 9.1(a) working copy Not applicable Not applicable 9.1(b) security copy Transfer upon preparation Archive 9.2 Copies of burial or exhumation permits 1 year Destroy 10. ENVIRONMENTAL CONTROL 10.1 Operating Licences or Permits (lagoon, water treatment, waste disposal grounds, including application for environmental control licences and all supporting documents, hearing records and technical reports Lifetime of facility Archive 10.2 Site monitoring records Until site closed and requirements cease Destroy 11. TRANSPORTATION 11.1 Local Transit 11.1(a) Capital projects (acquisition or as-built records) Lifetime of facility/equipment Destroy 11.1(b) Capital projects (all other project records) 1 year following project completion Destroy 11.1(c) Operating and maintenance records (equipment/facility) Lifetime of equipment/facility Destroy 11.1(d) Handivan transit records (including user applications, operating grant documentation, etc.) 2 years Destroy 11.1(e) Program records (including planning, scheduling, staffing, training, statistics) 2 years Destroy 11.2 Airports 11.2(a) Department of Transportation and Infrastructure agreements or grants (working copy) Term + 1 year Destroy 11.2(b) Capital projects (acquisition or as-built records) Lifetime of facility/equipment Destroy 11.2(c) Capital projects (all other project records) 1 year following project completion Destroy 11.2(d) Operating and maintenance records (equipment/facility) Lifetime of equipment/facility Destroy 12. SOCIAL SERVICES 12.1 Client file (includes application, record of benefits, medical records, acceptance or rejection, personal financial records, appeal records, etc.) 3 years Destroy 12.2 Program reports - monthly (includes details of all financial transactions with recipients, and statistical or financial summaries) 2 years Destroy 13. LAND USE AND DEVELOPMENT 13.1 Support files re: Planning Scheme, Basic Planning Statement, Development Plan (including copies of plans, amendments, and applications, advertising, hearing and appeal records) 6 years after By-law repealed Destroy 13.2 Zoning files (including applications, advertising, copy of by-laws, maps, hearing and appeal records) 6 years after By-law repealed Destroy 13.3 Conditional use files (including applications, advertising, hearing records and permit) 1 year after conditional use ceases Destroy 13.4 Variation orders (including applications, advertising, hearing records and order) 1 year after variation requirement ceases Destroy 13.5 Zoning memorandums and certificates of non-conformity Lifetime of structure Destroy 13.6 Subdivision files (including copy of application, copy of report from Province or Planning Board, any copy of notices, and a copy of hearing, copy of approval conditions or denial by municipal resolution, conditional approval or denial by Province or Planning Board, and all supporting documents, any subdivision construction plan or engineering reports, environmental assessment or impact study, dedication and legal fees documents, letter of credit, development agreement, performance bond, appeals to Municipal Board or Planning Board and all supporting documents. 6 years after registration of plan of subdivision Destroy 14. ASSESSMENT AND TAXATION 14.1 Assessment rolls 14.1(a) Preliminary rolls 1 year Destroy 14.1(b) Final roll (up to and including 1982) Transfer immediately Archive 14.1(c) Final roll (1983 and following) 10 years Destroy 14.2 Tax collectors roll or tax collection activity report 10 years Archive 14.3 Tax collection records 14.3(a) Tax notices (statement and demand for taxes) 1 year Destroy 14.3(b) Receipts 6 years Destroy 14.4 Tax rolls maintenance 14.4(a) monthly roll trial balance 2 years Destroy 14.4(b) All other records (including changes of address, additions and cancellation to rolls) 2 years Destroy 14.5 Boards of Revision Records (including advertising, applications to Board, notice of sitting to applicant, decisions, appeals by applicants, and copy of decision of Municipal Board or Court of King's Bench) 1 year after final decision Destroy 14.6 Tax sale records 14.6(a) Warrant for sale (tax sale ledger) 10 years Archive 14.6(b) All other records (including list of lands for tax sale, advertisement of sale, return to District Registrar, tax sale certificate(s), assignment of tax sale certificates, certificate(s) of redemption, return of non-redemption to District Registrar, and application(s) for title) 1 year after redemption or registration of title Destroy 15. POLICE, AMBULANCE, FIRE, EMERGENCY RESPONSE 15.1 Administrative records See item 3 of this Schedule See item 3 of this Schedule 15.2 Operational records See appropriate federal or provincial regulations See appropriate federal or provincial regulations