HomeMy WebLinkAboutBylaw 1843 - Records Retention & Disposition Bylaw3(nechill
COUNTY
BYLAW NO 1843
RECORDS RETENTION & DISPOSITION BYLAW
A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, FOR THE RETENTION AND
DISPOSITION OF RECORDS AND DOCUMENTS
WHEREAS, pursuant to the Municipal Government Act, RSA 2000, Chapter M-26, Section 214 (2), a Council
may by bylaw provide for the destruction of municipal records and documents; and
WHEREAS, pursuant to the Municipal Government Act, RSA 2000, Chapter M-26, Section 214 (3), governs
the retention of personal information; and
WHEREAS, pursuant to the Electronic Transactions Act, RSA 2000, Chapter E-5.5, Section 20(1), if a public
body has the power to create, collect, receive, use, store, transfer, disclose, distribute, publish or
otherwise deal with information and records, it has the power to do so electronically; and
WHEREAS, Section 88, 93, and 95 of the Freedom of Information Protection of Privacy Act allows citizens
to access information and the municipality to set fees for these services; and
WHEREAS, records and practices must be consistent with the provisions pursuant to the Alberta Evidence
Act, RSA 2000, Chapter A-18; and
NOW THEREFORE the Council of Kneehill County, in the Province of Alberta, duly assembled hereby
enacts as follows:
PART ONE TITLE
1. This Bylaw shall be known as the as the Records Retention & Disposition Bylaw.
PART TWO DEFINITIONS
2. In this bylaw the following words and phrases mean:
a) "CAO" means the person appointed as the Chief Administrative Officer of Kneehill
County, and includes any person who holds the position of Chief Administrative Officer
in an acting capacity.
b) "Council" means the Council of Kneehill County.
c) "County" means Kneehill County
d) "Disposition" means the disposal of Records via destruction or transfer of Record of
enduring value to Archives.
e) "Electronic Management System" shall mean the computer system selected by the
County where information is stored, retained and/or disposed of in accordance with this
bylaw.
Bylaw No. 1843, Records Retention & Disposition Bylaw Page 2 of 4
f) "FOIP" means the Freedom of Information Protection of Privacy Act R. S. A. 2000 c. F-
25.
g) "Municipality" means Kneehill County and includes any board, committee,
commission, panel, agency or corporation that is created or owned by Kneehill County.
h) "Personal Information" shall mean personal information as that term is defined in the
Freedom of Information and Protection of Privacy Act, R.S.A. 2000, C. F-25 as amended
or replaced.
i) "Record" means the expression of information in a form which is documented
regardless of physical mode or medium, including electronic formats, which is organized
in a logical grouping of basic elements, and which constitutes evidence of the business
of Kneehill County.
j) "Retention Period" means the timetable that identifies the Retention Period during
which a Record must be retained before Disposition in order to meet all legal,
regulatory, and business requirements.
k) "Retention Schedule" means the schedule outlining the categories and the timetables
for retention of Records.
PART THREE RECORDS RETENTION & DISPOSITION
The CAO shall:
(1) Establish a Records Retention and Disposition Schedule;
(2) Authorize revisions to the Records Retention and Disposition Schedule, as
required, for compliance with applicable legislation or for municipal business
purposes;
(3) Ensure that all Records are retained or dispositioned of in accordance with the
Records Retention Schedule;
(4) Delegate, and to authorize further delegation of the authorities in this bylaw to
any employee of the municipality, in accordance with the CAO Bylaw of the
County.
4. The CAO shall keep an index of:
(1) Records permanently retained and details of storage, where appropriate,
(2) Records permanently retained in electronic image or format,
(3) Records destroyed,
(4) Listing of the Records Retention Schedule, and
(5) To the extent practical, all other Records retained by the municipality.
5. Any documents or Record not referenced in the Records Retention Schedule may only
be destroyed with the direction and approval of the CAO.
6. All Records, except those listed in Section 7, may be stored exclusively electronically on
the County's Electronic Management System for the time period established in the
Retention and Disposition Schedule provided that the Records can be reproduced in
substantially the same format at the original document. Upon being stored
electronically, original Records may be disposed of immediately upon confirmation that
the electronic Record is substantially the same as the original Record.
Bylaw No. 1843, Records Retention & Disposition BVlaw Page 3 of 4
7. The following Records shall be maintained in an original hardcopy format, but may be
stored electronically on the County's Electronic Management System for the
convenience purposes:
(1) Approved Bylaws
(2) Approved Council Minutes
8. Disposition of election material shall be in accordance with the provision of the Local
Authorities Election Act, Revised Statues of Alberta, 2000, Chapter L-21 and
amendments thereto.
PART FOUR DISCRETION
9. The CAO shall have discretion to retain Records longer than the period required in the
retention schedule when deemed appropriate to do so, or where the CAO has:
(1) Received an indication that there is or may be any litigation or FOIP request
involving any said Records;
(2) Approved a request to retain any said Records for a business purpose; or
(3) Approved a request to retain any said Records for historical purposes.
PART FIVE PERSONAL INFORMATION
10. If an individual's personal information will be used by the County to make a decision
that directly affects the individual, the County will retain the personal information for at
least one year after using that information so that the individual has a reasonable
opportunity to obtain access to the information.
PART SIX ACCESS TO INFORMATION
11. The CAO shall be responsible for the administration of the release of information upon
request in accordance with the Freedom of Information Protection Act, and all
applicable bylaws, and or policies, of the Kneehill County.
12. Copies of the information that may be requested will be provided in paper, electronic
data or electronic image format.
13. Fees for access to information requested through a FOIP request are set in the County's
Master Rate Bylaw.
PART SEVEN TRANSITION
14. SEVERABILITY
(1) If a portion of this bylaw is found by a court of competent jurisdiction to be
invalid, the invalid portion will be voided, and the rest of the bylaw remains
valid and effective.
15. EFFECTIVE DATE
(1) This bylaw comes into effect upon third reading of this bylaw.
16. BYLAW REPEAL
(1) Bylaw No. 1641 is hereby repealed.
Bylaw No. 1843, Records Retention & Disposition Bylaw Page 4 of 4
READ a first time on this 201h day of July, 2021.
READ a second time on this 201h day of July, 2021.
UNANIMOUS permission for third reading given in Council on the 201h day of July, 2021.
READ a third time and final time of this 20th day of July, 2021.
n jnca i _
Date tylaw Signed
0-6) ".5 & -
V Reeve
Jerry Wittstock
�&IL
Chief A inistrative Officer
Mike Haugen