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Second
Session, 50th General Assembly 1 Charles III, 2023 |
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AN ACT TO AMEND THE
MANAGEMENT OF INFORMATION ACT AND THE HOUSE OF ASSEMBLY ACCOUNTABILITY,
INTEGRITY AND ADMINISTRATION ACT |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Management of Information Act to · add definitions of "disposition authority", "permanent head of a public body" and "provincial archivist"; · amend the definition of "record"; · add a definition of "records and information management system" to replace the term "record management"; · provide that the Act does not apply to personal or constituency records of a minister; · clarify the role of the chief information officer; · provide that records relating to matters of provincial or national security are managed by Cabinet Secretariat; · provide that records and information management systems developed, implemented and maintained under the Act must require that records of decisions are created in accordance with a directive of the chief information officer; · require public bodies to report annually to the chief information officer with respect to the creation of records of decisions; · require that the chief information officer prepare a report regarding the reports received from public bodies and submit the report to the minister; and · revise the penalties under the Act. This Bill would amend the House of Assembly Accountability, Integrity and Administration Act to · provide that the Management of Information Act applies to the Management Commission, House of Assembly service and statutory offices; and ·
require that the Speaker
include in the annual report of the Management Commission information regarding
the compliance of the Management Commission, House of Assembly service and
statutory offices with the requirement to create records of decisions. A BILL AN ACT TO AMEND THE MANAGEMENT OF INFORMATION ACT AND THE HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT Analysis PART
I 1.
S.2 Amdt. 2. S.3 R&S Application 3.
S.4.1 Amdt. 4. S.5 R&S Management of government records 5. S.5.1 Amdt. Government Records Committee 6. S.5.3 R&S Dispute 7.
S.5.4 Amdt. 8. S.6 R&S Records and information management system 9. S.6.1 Added Monitoring and reporting 10. S.8 Amdt. Offence PART
II 11. S.21.1 Amdt. Duty to document 12.
S.48 Amdt. 13.
S.51 Amdt. PART
III 14. Commencement
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: PART I SNL2005 cM-1.01 1. (1) Paragraph 2(b) of the Management of Information Act is repealed. (2) Section 2 of the Act is amended by adding immediately before paragraph (b.1) the following: (b.01) "disposition authority" means the written authorization for a public body to carry out the range of processes associated with the final stage in the life cycle of a record, including retention, destruction, transfer or transitory activities; (3) Section 2 of Act is amended by adding immediately after paragraph (c) the following: (c.1) "permanent head of a public body" means (i) in the case of a department created under the Executive Council Act, the deputy minister of the department, (ii) in the case of the Office of the Executive Council, the Clerk of the Executive Council or a deputy minister designated in writing by the Clerk of the Executive Council, or (iii) in the case of other public bodies, the chief executive officer, executive director or the highest ranking management official of the public body; (c.2) "provincial archivist" means the provincial archivist appointed under section 11 of the Rooms Act, 2016; (4) Subparagraph 2(d)(v) of the Act is repealed. (5) Paragraph 2(f) of the Act is repealed and the following substituted: (f) "record" means information recorded
in any form, and includes electronic or digital information stored in any
manner or location, correspondence, memorandum, form, paper, physical sample,
parchment, manuscript, map, plan, drawing, painting, print, photograph,
magnetic tape, computer disc, microform, electronically produced document and
other documentary material regardless of physical form or characteristic; (6) Paragraph 2(g) of the Act is repealed and the following substituted: (g) "records and information management
system" means a
management system to direct and control a public body with regard to records
and information including the creation, classification,
retention, storage, maintenance, retrieval, preservation, protection,
disposition and transfer of government records in accordance with the policies,
directives, standards, guidelines, tools and practices developed under
subsection 5(2); and 2. Section
3 of the Act is repealed and the following substituted: Application 3. (1) This Act applies to all public bodies in the province. (2) Notwithstanding
subsection (1), this Act does not apply to a personal or constituency record of a minister. 3. Subsection
4.1(3) of the Act is repealed and the following substituted: (3) Nothing in this section prevents the disposal of electronic records
according to a process or disposition authority approved under this Act. 4. Section 5 of the Act is repealed and the following substituted: Management of government records 5. (1) The minister shall (a) be responsible for
the development and implementation of a management program for government
records in the province; (b) provide advice to
and assist public bodies with the development, implementation and maintenance
of records and information management systems and provide direction on those
systems as it relates to the preservation of potential archival material; and (c) recommend standards,
principles or procedures to the Treasury Board for adoption. (2) The
chief information officer may develop policies, directives, standards, guidelines,
tools and practices for public bodies to manage records and information
management systems. (3) The minister may, in
the manner permissible by law, appoint those other persons necessary to carry
out the purposes of this Act. (4) A person appointed under subsection (3) to be responsible for information and records management shall consult with the provincial archivist to ensure the efficient implementation of information management policies and procedures for the preservation of archival government records. 5. (1) Subsections 5.1(1) and (2) of the Act are repealed and the following substituted: Government Records Committee 5.1 (1) There shall be a committee to be known as the Government Records Committee consisting of (a) the Chief Executive
Officer of The Rooms Corporation of Newfoundland and Labrador, or a person
designated by the Chief Executive Officer of The Rooms Corporation of
Newfoundland and Labrador; (b) the Deputy Minister
of Justice and Public Safety or a person designated by the Deputy Minister of
Justice and Public Safety; (c) the Deputy Minister
of Finance or a person designated by the Deputy Minister of Finance; (d) the chief
information officer or a person designated by the chief information officer;
and (e) those other persons
whom the minister may appoint. (2) The chief information officer or a person designated by the chief information officer shall be the chairperson of the committee. (2) Paragraph 5.1(5)(a) of the Act is repealed and the following substituted: (a) review, revise and approve disposition authorities for the retention, disposal, destruction or transfer of government records; (3) Paragraph 5.1(5)(c) of the Act is repealed and the following substituted: (c) establish or approve disposal and destruction standards and guidelines for the lawful disposal and destruction of government records; and 6. Section 5.3 of the Act is repealed and the following substituted: Dispute 5.3 Where a dispute arises between a public body and the committee with respect to the (a) adoption or
operation of a disposition authority; or (b) destruction or
disposal of government records, the committee shall submit the matter to the minister who may issue directions with respect to the dispute. 7. (1) Section 5.4 of the Act is amended by adding immediately after subsection (1) the following: (1.1) Records created or received, explicitly or implicitly in confidence, respecting matters of provincial or national security shall be managed in the manner determined by Cabinet Secretariat. (2) Subsection 5.4(2) of the Act is repealed and the following substituted: (2) The chief
information officer may determine that records are abandoned records and shall
transfer the custody of those records to the provincial archivist who shall
dispose of the records in accordance with this Act. 8. Section 6 of the Act is repealed and the following substituted: Records and information management system 6. (1) A permanent head of a public body shall develop, implement and maintain a records and information management system for the public body. (2) A records and information management system shall (a) require that records of decisions are created in accordance with a directive developed under subsection 5(2); and (b) include records retention and disposal schedules in accordance with the guidelines and disposition authorities established or approved by the Government Records Committee established under section 5.1. (3) A person who is required to comply with a records and information management system shall not disclose a government record, except in accordance with the records and information management system or where otherwise permitted or required by law. (4) A permanent head of a public body shall ensure that (a) records retention and disposal schedules required under paragraph (2)(b) are reviewed annually; and (b) the retention, disposal and removal of government records is carried out in accordance with this Act. (5) In this section and section 6.1, "decision" means a decision regarding (a) the
development and implementation of government policy, programs and services; (b) the
commitment and use of resources to give effect to a public body’s mandate; and (c) other actions taken by the public body in the fulfilment of its mandate as set out in a directive developed under subsection 5(2). 9. The Act is amended by adding immediately after section 6 the following: Monitoring and reporting 6.1 (1) A permanent head of a public body shall, no later than October 1 of each year, submit a report, in the form set by the chief information officer, to the chief information officer with respect to the records created under paragraph 6(2)(a). (2) The chief information officer shall annually prepare and submit to the minister a report containing information about public body compliance and performance with respect to the requirement to incorporate the creation of records of decisions in records and information management systems under paragraph 6(2)(a). (3) The minister shall table the report referred to in subsection (2) in the House of Assembly within 30 days of completion of the report and if the House of Assembly is not sitting, within 30 days of the commencement of the next sitting. 10. Subsection 8(1) of the Act is repealed and the following substituted: Offence 8. (1) A person who wilfully (a) damages, alters, or destroys a government record in contravention of a records and information management system; (b) removes or withholds a government record from the possession of a public body in contravention of a records and information management system; (c) discloses a government record in contravention of paragraph 6(3); or (d) otherwise contravenes this Act is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term not exceeding 6 months, or to both. PART II SNL2007 cH-10.1 11. Section 21.1 of the House of Assembly Accountability, Integrity and Administration Act
is amended by renumbering it as subsection 21.1(1) and adding immediately after
that subsection the following: (2) The clerk shall annually prepare a report regarding the compliance of (a) the commission with the duty to document requirements referred to in subsection (1); and (b) the House of Assembly service and statutory offices with the duty to document requirements referred to in subsection (1) and paragraph 6(2)(a) of the Management of Information Act. 12. Section 48 of the Act is amended by adding immediately after subsection (2) the following: (3) The Management of Information Act shall apply to the commission, House of Assembly service and statutory offices with the following exceptions: (a) where the Management of Information Act refers to a "permanent head of public body" it shall be read as a reference to the clerk; (b) where the Management of Information Act refers to a "public body" it shall be read as a reference to the commission, House of Assembly service and statutory offices but does not include a caucus office, a constituency office or other office of a member of the House of Assembly; (c) the reference to the "chief information officer" in subsection 5(2) of the Management of Information Act shall be read as the commission; (d) a reference to the "minister" in paragraphs 5.1(5)(b) and (d) and sections 5.2 and 5.3 of the Management of Information Act shall be read as a reference to the speaker; (e) paragraph 6(2)(a) of the Management of Information Act does not apply to the commission; (f) the reference to the "guidelines and disposition authorities established or approved by the Government Records Committee established under section 5.1" in paragraph 6(2)(b) of the Management of Information Act shall be read as a reference to the Records Management Policy of the House of Assembly; and (g) section 6.1 of the Management of Information Act does not apply. 13. Section 51 of the Act is amended by deleting the word "and" at the end of paragraph (g), deleting the period at the end of paragraph (h) and substituting a semi-colon and the word "and" and adding immediately after paragraph (h) the following: (i) the report prepared by the clerk in accordance with subsection 21.1(2). PART III Commencement 14. Section 9 comes into force on January 1, 2024. ©King's Printer |