Records Retention Regulations

t MUNICIPAL GOVERNMENT ACT RECORDS RETENTION REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to January 30, 2021. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Records Retention Regulations Table of Contents RECORDS RETENTION REGULATIONS Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 2. General retention and disposition requirements ....................................................................................... 5 3. Requirements for temporary records ........................................................................................................ 5 4. Permanent records .................................................................................................................................... 6 5. Authorized destruction of temporary records ........................................................................................... 6 6. Retention in electronic form..................................................................................................................... 6 7. Schedule adopted ..................................................................................................................................... 7 SCHEDULE 9 RECORDS RETENTION SCHEDULE 9 c t Current to: January 30, 2021 Page 3 Records Retention Regulations Section 1 Municipal Government Act CHAPTER M-12.1 RECORDS RETENTION REGULATIONS Pursuant to section 117 and clause 261(1)(f) of the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1, Council made the following regulations: 1. Definitions In these regulations (a) “Act” means the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1; (b) “permanent record” means a record that a municipality is required to retain permanently; (c) “record” means a record of information in any form, including electronic form, but does not include a mechanism or system for generating, sending, receiving, storing or otherwise processing information; (d) “temporary record” means a record that a municipality is required to retain for a minimum period of time in accordance with the Schedule to these regulations. (EC697/19) 2. General retention and disposition requirements A council shall ensure in respect of each record, that (a) the record is retained by the municipality in accordance with these regulations and the Schedule to these regulations; (b) where the record is not stored in the municipal office, the record is stored in a location and a manner that the council has determined is secure and will preserve the integrity of the record; and (c) documentation of the final disposition of the record is maintained by the municipality which provides details of the destruction of the record or its transfer to permanent storage, as the case may be. (EC697/19) 3. Requirements for temporary records (1) A council shall ensure that each temporary record of a type specified in the Schedule to these regulations is (a) retained in the municipal office for a minimum of two years; and c t Current to: January 30, 2021 Page 5 Section 4 Records Retention Regulations (b) during that period, is accessible within 24 hours. Off-site storage (2) A council may, at the end of the retention period specified in clause (1)(a), move a record to which subsection (2) applies to a storage facility outside the municipality for the remainder of the retention period specified in the Schedule to these regulations in respect of that record, if (a) the storage facility meets the requirements of clause 2(b); and (b) the record is accessible within three business days. (EC697/19) 4. Permanent records (1) A council shall ensure, in respect of each permanent record, that the record (a) is retained in the municipal office for a minimum of five years; (b) during that period, is accessible within 24 hours; and (c) is not destroyed. Transfer to permanent storage (2) A council shall, as soon as reasonably possible after the end of the retention period specified in clause (1)(a), move a record to which subsection (1) applies to permanent storage in a facility that the council has determined is secure and will preserve the integrity of the record. Accessibility (3) A council shall ensure that, while in permanent storage, the record referred to in subsection (2) is accessible within three business days. (EC697/19) 5. Authorized destruction of temporary records (1) A council may, at the end of the retention period specified in respect of a temporary record, provide for the secure destruction of the record. Duplicate copies, destruction (2) Subject to the requirements for retention of duplicate copies specified in the Records Retention Schedule set out in the Schedule to these regulations, a council may destroy or authorize the destruction of a duplicate copy of a record at any time. Protection of records (3) A council shall ensure in respect of each record that reasonable care is taken to protect the record against damage, deterioration, unauthorized destruction, sale or other disposition, or theft. (EC697/19) 6. Retention in electronic form (1) A council that retains a record in electronic form shall ensure that the record is retained and retrievable for the minimum retention period. Copies required (2) A council that retains a permanent record in electronic form shall copy the record to paper or microfilm for the purpose of transfer to permanent storage. Page 6 Current to: January 30, 2021 t c Records Retention Regulations Section 7 Requirements for microfilm storage (3) Microfilm applications of permanent records shall conform to industry-accepted technical standards and established preparation and documentation procedures. (EC697/19) 7. Schedule adopted The Schedule to these regulations is adopted and forms part of these regulations. (EC697/19) c t Current to: January 30, 2021 Page 7 Records Retention Regulations SCHEDULE SCHEDULE RECORDS RETENTION SCHEDULE Note: The subject matter is listed alphabetically followed by a retention period. The retention period is identified either as “PERMANENT” or expressed as a number of years. Retention periods are labelled as: (a) CY - a retention period that concludes after the end of a calendar year (i.e. after December 31st of a given year). (b) FY - a retention period that concludes after the end of a fiscal year as established in section 149 of the Municipal Government Act. (c) closed after information is superseded (replaced or take the place of) or obsolete (no longer in use) (S/O) SUBJECT DESCRIPTION RETENTION ENDS PERIOD (YEARS) Accountants Working Papers 7 FY Accounts Paid (summary sheet) 7 FY Payable vouchers 7 FY Receivable duplicate invoices 7 FY Administration Reports (not part of Minutes) 7 CY Advertising Electoral 4 CY Other notices- MGA, other 2 CY legislation Agendas Part of Minutes PERMANENT Agreement General 12 S/O Development 12 S/O Major legal 12 S/O Minor legal 12 S/O Annexations Correspondence 7 CY Final Order PERMANENT Annual Reports Council, Boards, Commissions 5 CY Applications Development permit 2 CY Site plan approval 2 CY Subdivision (after final 3 CY approval) Part-time employees (after end 1 CY of employment) Appointments Other than those in Minutes 3 FY Assessment Rolls PERMANENT Duplicate roll 7 FY Assets Asset Management Inventory 20 S/O Records of surplus 7 FY Temporary files 2 FY Bank Deposit books 7 FY Deposit slips 7 FY Memos (credit/debit) 7 FY Reconciliations 2 FY Statements 7 FY c t Current to: January 30, 2021 Page 9 SCHEDULE Records Retention Regulations Boards Minutes PERMANENT S/O Authority & Structure 5 CY Correspondence 5 CY Briefings/Reports To Council 7 CY Budgets Operating (in minutes) PERMANENT Capital (in minutes) PERMANENT Working papers 3 FY Bylaws All PERMANENT Cash Receipts journal 7 FY Disbursements journal 7 FY Duplicate receipts 7 FY Certificates of Title PERMANENT Census Reports 12 CY Cheques Cancelled (paid) 7 FY Register 7 FY Stubs 7 FY Claims Notice of 12 S/0 Statements of 12 S/0 Committee Minutes PERMANENT Compensation Records 10 FY Contracts Files (completion of) 12 S/0 Forms 12 FY Major legal 12 S/O Minor legal 12 S/O Council Minutes PERMANENT Court Cases 12 S/O Destroyed Records Index PERMANENT Signed destroyed PERMANENT records statements Documents Not part of bylaws 12 S/O Agreements, major legal 12 S/O Agreements, minor legal 12 S/O Contracts legal 12 S/O Easements 12 S/O Funding agreements 12 S/O Leases (after expiration) 12 S/O Notices of change of land titles 12 S/O Page 10 Current to: January 30, 2021 t c Records Retention Regulations SCHEDULE Elections All election documents other than 4 CY ballot box contents Ballot box contents In accordance with the MGA CY Campaign disclosure statement 7 CY Engineering Drawings PERMANENT Employee Benefits Health, Dental, WCB Claims, etc. 5 CY Employees Job applications (hired) 3 CY Job application (not hired) 1 CY Job descriptions 3 (after position CY abolished) Oaths of Office 1 (after position CY vacated) Personnel file 3 (after cessation of CY employment) or 6 (after dismissal) Financial Statements Interim 10 FY Working papers 7 FY Final 12 FY Franchises PERMANENT Income Tax Deductions 7 FY TD1 7 FY T4 7 FY T4 Summaries 7 FY Inquiries From the public 3 CY Insurance Claims 12 (after settled) FY Records (after expiration) 12 FY Land Appraisals 1 (after sold) Leases After expiration 7 S/O Legal Opinions 12 S/O Proceedings 12 S/O Legislation Acts (after superseded) 1 CY Licenses Applications 3 CY Business (after expired) 5 CY Literature 2 CY Local Improvements Records PERMANENT Maps Base (original) PERMANENT Contour PERMANENT Maintenance 12 CY Reports Monthly Reports Road 5 FY Municipal Affairs Annual reports 5 FY c t Current to: January 30, 2021 Page 11 SCHEDULE Records Retention Regulations Organization Structure and records 2 S/O Payroll Garnishees 7 (after garnish is FY removed) Individual earning records 7 FY Journal 7 FY Time cards 7 FY Time sheets - daily 7 FY Time sheets - 7 FY Overtime Time sheets - weekly 7 FY Employment Insurance 5 (after cessation of FY employment) Permits Development 12 S/O Petitions 10 CY Plans Amendment applications 5 CY Official PERMANENT Amendments PERMANENT Subdivision PERMANENT Policy After superseded 5 CY Progress Reports Project 5 CY Under contract (final payment) 7 S/O Property Files Until sold +10 FY Prosecution All 12 S/O Publications Local reports 3 CY Purchase Land Until Sold +12 FY Receipts Books 7 FY Duplicate cash 7 FY Registration 7 FY Receptions & 3 CY Special Events (non- historic) Reports Accident 12 S/O Accident statistics 12 S/O Field 12 S/O Inspection 12 CY Requisitions Copies 2 FY Duplicate 7 FY Paid 7 FY Resolutions Minutes PERMANENT Subdivision After Final Approval 12 CY Page 12 Current to: January 30, 2021 t c Records Retention Regulations SCHEDULE Taxes Municipal Credits 7 FY Rolls PERMANENT Termination Employees 7 CY Tenders Files 12 FY Successful 12 FY Purchase Quotations 12 FY Unsuccessful 10 FY Traffic Streets 7 CY Training and 5 CY Development Files Trial Balances Monthly 5 FY Year End 7 FY Vendors Correspondence 2 FY Contracts 12 FY Suppliers Files 12 FY Vouchers Duplicate 7 FY Weed Control Until updated 1 CY Reports Zoning Amendment applications 5 CY Bylaws PERMANENT Bylaw Enforcement 5 CY (EC697/19; 753/20) c t Current to: January 30, 2021 Page 13