First Session, 46th General Assembly
57 Elizabeth II, 2008
AN ACT TO AMEND THE MANAGEMENT OF INFORMATION ACT
Received and Read the First Time...................................................................
Minister of Tourism, Culture and Recreation
Ordered to be printed by the Honourable House of Assembly
This Bill would amend the Management of Information Act.
Clause 1 of the Bill would make a general amendment to the Act to replace the words "public record" with the words "government record" and the words "public records' with the words "government records" wherever they appear.
Clause 2 of the Bill would amend section 2 of the Act to define "abandoned record", "archives", "cabinet record", "chief information officer", "committee" and "transitory record" and "government record" which replaces and amends the current definition of "public record".
Clause 3 of the Bill would amend section 4 of the Act to clarify that records are Crown property.
Clause 4 of the Bill would amend the Act to provide requirements for retaining electronic information.
Clause 5 of the Bill would amend section 5 of the Act to reflect the current title of the Director of The Rooms Provincial Archives.
Clause 6 of the Bill would move sections dealing with the current Public Records Committee from the Rooms Act to this Act and rename it the Government Records Committee, and would add a section to deal with exceptions to the regular process for the management of cabinet records and the disposal of other records.
Clause 7 of the Bill would amend section 6 of the Act as a consequence of the other amendments in this Bill.
Clause 8 of the Bill would amend the Act to add a section on regulation making power.
AN ACT TO AMEND THE MANAGEMENT OF INFORMATION ACT
1. General Amdt.
5. S.5 Amdt.
Ss.5.1 to 5.4 Added
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. The Management of Information Act is amended by striking out the words "public record" wherever they appear and substituting the words "government record" and by striking out the words "public records" wherever they appear and substituting the words "government records".
2. (1) Section 2 of the Act is amended by repealing paragraph (a) and substituting the following:
(a) "abandoned record" means a government record to which ownership cannot be established and which has been determined to be an abandoned record by the chief information officer;
(a.1) "archives" means The Rooms Provincial Archives referred to in section 21 of the Rooms Act;
(a.2) "cabinet record" means a record that
(i) is a memorandum, the purpose of which is to present proposals or recommendations to Cabinet,
(ii) is a discussion paper, policy analysis, proposal, advice or briefing material, including all factual and background material prepared for Cabinet,
(iii) is an agenda, minute or other record of Cabinet recording deliberations or decisions of Cabinet,
(iv) is used for or reflects communications or discussions among ministers on matters relating to the making of government decisions or the formulation of government policy,
(v) is created for or by a minister for the purpose of briefing that minister on a matter for Cabinet,
(vi) is created during the process of developing or preparing a submission for Cabinet,
(vii) is draft legislation or a draft regulation, or
(viii) contains information about the contents of a record within a class of information referred to in subparagraphs (i) to (vii);
(a.3) "chief information officer" means the Chief Information Officer of the Office of the Chief Information Officer;
(a.4) "committee" means the committee established under section 5.1;
(2) Section 2 of the Act is amended by adding immediately after paragraph (b) the following:
(b.1) "government record" means a record created by or received by a public body in the conduct of its affairs and includes a cabinet record, transitory record and an abandoned record;
(3) Paragraph 2(c) of the Act is amended by striking out the word "and" at the end of the paragraph.
(4) Paragraph 2(e) of the Act is repealed.
(5) Paragraph 2(f) of the Act is amended by deleting the word "and" and the end of the paragraph.
(6) Paragraph 2(g) of the Act is amended by striking out the period at the end of the sentence and substituting a semicolon and the word "and" and by adding immediately after that paragraph the following:
(h) "transitory record" means a government record of temporary usefulness in any format or medium having no ongoing value beyond an immediate and minor transaction or the preparation of a subsequent record.
3. Section 4 of the Act is repealed and the following substituted:
4. (1) All records created by or received by a public body in the conduct of its affairs are the property of the Crown.
(2) Records referred to in subsection (1) shall not be destroyed or removed from the ownership or control of the Crown unless the destruction or removal is authorized under this Act.
4. The Act is amended by adding immediately after section 4 the following:
4.1 (1) A requirement under this Act to retain a record is satisfied by the retention of electronic information where
(a) the electronic information is retained in the format in which it was made, sent or received or in a format that does not materially change the electronic information that was originally created, sent or received; and
(b) the electronic information will be accessible, and capable of being retained for subsequent reference, if required, by a person who is entitled to have access to the information or who is authorized to require its production.
(2) Where the electronic information was sent or received, the requirement in subsection (1) is only met where information that identifies the origin and destination of the electronic information and the date and time when it was sent or received is also retained.
(3) Nothing in this section prevents the disposal of electronic records according to a process or schedule approved under this Act.
5. Subsection 5(3) of the Act is amended by striking out the words "Director of the Provincial Archives" and substituting the words "Director of The Rooms Provincial Archives".
6. The Act is amended by adding immediately after section 5 the following:
Government Records Committee
5.1 (1) There shall be a committee to be known as the Government Records Committee consisting of
(a) the Director of The Rooms Provincial Archives appointed under section 22 of the Rooms Act;
(b) the Deputy Minister of Justice or a person designated by him or her to act on his or her behalf;
(c) the Deputy Minister of Finance or a person designated by him or her to act on his or her behalf;
(d) the Chief Information Officer or a person designated by him or her to act on his or her behalf; and
(e) those other persons whom the minister may appoint.
(2) The person appointed under subsection (1)(d) or a person designated by him or her to act on his or her behalf shall be the chairperson of the committee.
(3) The committee shall designate from among its members a person who shall be the secretary for the committee.
(4) The Office of the Chief Information Officer shall provide administrative support for the committee in order to assist the committee in executing its powers and duties.
(5) The committee may
(a) establish and revise schedules for the retention, disposal, destruction or transfer of records;
(b) make recommendations to the minister respecting government records to be forwarded to the archives;
(c) establish disposal and destruction standards and guidelines for the lawful disposal and destruction of government records; and
(d) make recommendations to the minister regarding the removal, disposal and destruction of records.
(6) A decision of a majority of the members of the committee shall be the decision of the committee.
Removal and destruction of records
5.2 The minister may, after considering recommendations of the committee under subsection 5.1(5), direct the removal, disposal or destruction of records.
(a) adoption or operation of a disposal schedule; or
(b) destruction or disposal of government records,
the committee may submit the matter to the minister who may issue directions with respect to the dispute.
5.4 (1) Cabinet records shall be managed in the manner determined by Cabinet Secretariat.
(2) The chief information officer may determine that records are abandoned records and shall transfer the custody of those records to the Director of The Rooms Provincial Archives appointed under section 22 of the Rooms Act who shall dispose of the records in accordance with this Act.
(3) Transitory records may be disposed of when they are no longer of value, and shall only be disposed of through means which render them unreadable, including secure shredding or in the case of electronic records, secure electronic erasure.
(4) Records that may present a health or biohazard may be disposed of in a manner determined by the committee.
7. (1) Subsection 6(1) of the Act is amended by adding immediately after the word and comma "preservation," the word and comma "protection,".
(2) Subsection 6(2) of the Act is amended by striking the words "Public Records Committee established under the Rooms Act" and substituting the words "Government Records Committee established under section 5.1".
(3) Subsection 6(3) of the Act is amended by striking out the words "Part II of the Rooms Act" and substituting the words "this Act".
8. The Act is amended by adding immediately after section 7 the following:
7.1 The Lieutenant-Governor in Council may make regulations
(a) respecting the procedures and duties of the committee established under section 5.1; and
(b) generally to give effect to the purpose of this Act.
ŠEarl G. Tucker, Queen's Printer