A-21.1, r. 2 - Regulation respecting retention schedules, transfer, deposit and disposal of public archives

Updated to 12 December 2023

This document has official status.

chapter A-21.1, r. 2

Regulation respecting retention schedules, transfer, deposit and disposal of public archives

Archives Act

(chapter A-21.1, s. 37).

DIVISION I DRAWING UP AND SUBMISSION OF RETENTION SCHEDULE

1. For the purposes of this Division, a “record” is a body of documents relating to a given subject, a “main record” is a record containing the most complete information on a given subject, a “secondary record” is a record containing some of the information in a main record or a copy of all the information contained therein, and a “series” is a body of records.

O.C. 1894-85, s. 1.

2. A public body shall, in addition to the items prescribed by section 7 of the Archives Act (chapter A-21.1) and for each series, include the following information in its retention schedule:

(1)  the name of the public body drawing up the schedule;

(2)  the title of the series and its reference number, if any;

(3)  a brief description of the content of the main and secondary records in the series;

(4)  the name of the administrative unit holding the main records in the series and reference to their use thereby.

For documents or records that are not part of a series, the public body shall, in addition to the items prescribed by section 7 of the Act and for each document or record, include the following information in its retention schedule:

(1)  the name of the public body drawing up the schedule;

(2)  the title of the document or record and its reference number, if any;

(3)  a brief description of the content of the documents or main records or of the documents or secondary records;

(4)  the name of the administrative unit holding the document or main record and reference to its use thereby.

O.C. 1894-85, s. 2.

3. A public body submitting a retention schedule to the Minister of Culture, Communications and the Status of Women shall sign and date it and attach the following documents:

(1)  a copy of the classification plan of its records, if any;

(2)  if the public body is a legal person, a true copy of the resolution of its board or executive committee authorizing a person to sign the retention schedule and submit it to the Minister.

O.C. 1894-85, s. 3.

4. Where a public body submits a modification of its retention schedule to the Minister, it shall sign and date it and attach the following documents:

(1)  a copy of the modification made to the classification plan of its records if any;

(2)  if the public body is a legal person, a true copy of the resolution of its board of executive committee authorizing a person to sign the modification and submit it to the Minister.

O.C. 1894-85, s. 4.

DIVISION II TRANSFER AND DEPOSIT OF INACTIVE DOCUMENTS

5. The Division applies to documents transfered by public bodies covered by the first paragraph of section 15 and section 17 of the Act.

It also applies where the Minister makes of receives a deposit of public archives under section 16 of the Act.

O.C. 1894-85, s. 5.

6. A public body transferring documents on a medium other than paper shall file the documents in boxes and each box shall have the following information written on 1 side:

(1)  the name of the public body transferring the documents;

(2)  the number of the transfer slip prescribed by section 7;

(3)  the number given to the box by the public body transferring it.

Paper documents shall be classified according to the public body’s classification plan, if any.

O.C. 1894-85, s. 6.

7. A public body shall fill out a transfer slip for each box of documents and include the following information therein:

(1)  the name of the public body transferring the documents;

(2)  the name of the administrative unit from which the documents originate;

(3)  the quantity of documents;

(4)  the title or subject of the documents and their reference number, if any;

(5)  the medium of information of the documents;

(6)  the dates of the oldest and of the most recent documents;

(7)  the period during which access to any document is refused by the public body under sections 18 to 22, 27, 30 to 32 and 35 to 41 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1);

(8)  the number of the box in which such documents are kept;

(9)  the transfer slip number given by the public body filling it out.

If the public body has a classification plan, it shall fill out a transfer slip following the order of its plan for paper documents.

The public body shall date and sign the transfer slip.

O.C. 1894-85, s. 7.

8. Sixty days before transferring documents, a public body shall send to the Keeper;

(1)  written notice of the transfer date and the number of boxes to be transferred;

(2)  a copy of each transfer slip.

O.C. 1894-85, s. 8.

DIVISION III DISPOSAL AND MOVING OF PUBLIC ARCHIVES

9. A public body that has obtained the authorization prescribed by section 18 of the Act to dispose of a confidential file shall do so by burning or shredding it.

The person present at the disposal of a file shall immediately sign an affidavit, in 2 copies, bearing witness to the performance.

The public body to which the file belonged shall keep 1 copy of the affidavit and shall send the other to the Keeper.

For the purposes of this section, the expression “confidential file” has the meaning assigned by the second paragraph of section 80 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

O.C. 1894-85, s. 9.

10. A public body whose documents, wholly or in part, have been involuntarily destroyed or irreparably damaged shall immediately notify the Keeper in writing and indicate to him which documents identified in its retention schedule have been destroyed or damaged.

O.C. 1894-85, s. 10.

11. (Implicitly revoked).

O.C. 1894-85, s. 11.

DIVISION IV OFFENCES

12. Contravention of sections 2 to 4 and 6 to 11 constitutes an offence.

O.C. 1894-85, s. 12.

DIVISION V FINAL

13. (Omitted).

O.C. 1894-85, s. 13.

14. (Omitted).

O.C. 1894-85, s. 14.

REFERENCES

O.C. 1894-85, 1985 G.O. 2, 3904