THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 104-91

A by-law to regulate the retention and destruction of records maintained by the Peel Regional Police.

WHEREAS under Section 116 of The Municipal Act, R.S.O. 1980, Chapter 302, as amended, a municipality may by by-law provide for the preservation and destruction of documents and records and to ensure the preservation of archival records of the Peel Regional Police, hereinafter referred to as the "Police;"

AND WHEREAS the Council of the Regional Corporation has by resolution passed on the 19th December, 1991, authorized a by-law to regulate the retention and destruction of records maintained by the Peel Regional Police;

NOW THEREFORE the Council of the Region enacts as follows:

1. That in this by-law,

(a) "Auditor" means the person or firm appointed by the Police Services Board to perform the audits of the accounts and transactions of the Police;

(b) "Inactive Storage Area" means the on-site area/facility managed by each Area Administrator for the housing of dormant or inactive records maintained by the Police;

(c) "Records Centre" means the specified area of the Regional records storage facility managed by the Regional Municipality of Peel on behalf of the Police in which certain Police records are stored on behalf of the Police;

(d) "Regional Archivist" means the Archivist of the Region;

(e) "Area Administrator" means a Senior Officer or Civilian Manager responsible for the administration of a specific function, unit, bureau or service and includes a person acting in such capacity from time to time;

(f) "Record" means any record of information however recorded whether in printed form, on film, by electronic means or otherwise and includes:

i) correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof; and

ii) any record that is capable of being produced from a machine readable record under the control of the Police by means of computer hardware and software or any other information storage equipment and technical expertise normally used by the Police;

(g) "Records Series" means a group of similar, i.e. forms, or related records that are normally used and filed as a unit and that permit evaluation as a unit for retention scheduling purposes;

(h) "Retention Period" means the length of time a record is kept by the Police, and "retention" shall have a corresponding meaning. Unless otherwise stated the Retention Periods for records series commence during the current year in which the records were determined to be inactive. Records may be retained for a longer period than shown in the schedules, but only where a clear requirement can be justified.

2. That the Schedules attached hereto as Schedules "A" and "B" form part of this by-law.

3. That the Area Administrator responsible for a respective function/unit/bureau shall ensure the retention of its records identified in Schedule "A" for the Retention Periods specified under the minimum retention column.

4. That the retention of the Records identified in Schedule "A" shall be for the Retention Period identified under the minimum retention column and in accordance with the definitions explained in Schedule "B". Records retained for the active storage period shall be maintained in the original format. Records retained in dormant storage may be maintained in the original or an electronically reproduced format as approved by the Manager, Records Services. A security copy of the electronically reproduced record shall be stored separately with restricted access. The life cycle of a record may be indicated in the following manner:

(a) 2A + 3D;

(b) Retention is 5 years, 2A (active) + 3D (dormant);

(c) When transferred to dormant or inactive storage, the record may be maintained in a more efficient storage format which permits the original record to be destroyed upon permission of Area Administrator.

5. That, at the end of the Retention Period identified under the minimum retention column of Schedule "A", such Records may be destroyed upon approval of the Area Administrator from which the Record originated, unless under consultation with the Regional Archivist any one or more of such Records should be retained for archival purposes. Records which are to be destroyed within one year or less do not have a "dormant" or inactive schedule. It should be noted however that records containing personal information must be retained for a period of one year, unless a shorter period has been stipulated by by-law or resolution of the Council.

6. That where Records are destroyed pursuant to this by-law, the Area Administrator shall identify and certify which items have been destroyed.

7. That this by-law shall not take effect until approval of it has been given by the Auditor, in writing.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 19th December, 1991.