Authorization for the Disposition of Ministerial Records

Pursuant to sections 12 and 13 of the Library and Archives of Canada Act (LAC Act), the Librarian and Archivist of Canada consents to the disposition of ministerial records, specifically either (a) their destruction or (b) their transfer to Library and Archives Canada (LAC) if the Librarian and Archivist of Canada considers them to have historical value (historical records), in accordance with the following terms and conditions:

A. Scope of the Disposition Authorization

A.1 This disposition authorization covers all ministerial records. In the interpretation of this authorization, "control" means the decision-making authority over the records. This disposition authorization does not apply to government records, as defined in section 2 of the LAC Act.

B. Institutional Obligations for use of the Disposition Authorization

Obligations related to historical records

B.1 The Minister's Office shall contact LAC for an assessment of their records.

B.2 The Minister's Office shall protect the identified historical records until their transfer to LAC. A list of activities that may produce ministerial records can be found in Appendix A.

B.3 The Minister's Office shall transfer all identified historical records to the care and control of LAC, as outlined in Section C, at the expiry of their operational life.

Obligations to inform

B.4 The Minister's Office shall provide LAC with requested information for the purpose of monitoring the proper care and transfer of the identified historical records.

C. Transfer Requirements

C.1 The Minister's Office shall prepare and transfer historical records, in their original formats, to LAC in accordance with all applicable LAC policy and related instruments regarding transfer.

C.2 The Minister's Office shall provide updated metadata about privacy and security of information requirements at the time of transfer of historical records to LAC.

D. Non-Compliance Consequences

D.1 Consequences of non-compliance may include requests for information from the Librarian and Archivist of Canada.

E. Disposition Authorization

E.1 The Minister's Office may destroy all records lacking historical value, as assessed by LAC, without further reference to LAC.

E.2 The following types of records are not considered to have historical value, and thus, the Minister's Office may destroy or alienate them without further reference to LAC:

  • Books and publications available in libraries (with no annotations)
  • Records related to the internal management of the Minister's Office
    • For example: Human Resources files of exempt staff, financial records
  • Transitory records
  • Exact duplicates

E.3 The disposition of records by each Minister's Office subject to this disposition authorization, as authorized under A.1, B.3, E.1 and E.2, constitutes its undertaking to comply with all terms and conditions of this authorization.

E.4 This disposition authorization comes into effect on the date it is signed by the Deputy Librarian and Archivist of Canada.

Signed on: 2020-12-14
Normand Charbonneau
____________________________________________________________
Deputy Librarian and Archivist of Canada, Library and Archives Canada

APPENDIX A: Activities that may produce ministerial records of historical value

  • Advising on the Budget and the Speech from the Throne
  • Preparing legislation for introduction or revision in the House of Commons
  • Administering legislation for which the Minister is responsible
  • Developing portfolio policy initiatives
  • Planning and budgeting within the Department
  • Negotiating, establishing, and implementing agreements and contracts
  • Giving grants
  • Maintaining relations with Cabinet
  • Meeting with staff and Parliamentary assistants
  • Making statements and answering questions in Parliament or for news releases
  • Preparation of itinerary and events
  • Maintaining relations with stakeholders
  • Corresponding with the public and stakeholders
  • Lobbying of ministers by stakeholders and the public
  • Consulting with communities

This disposition authorization should be used in conjunction with the
Guidelines on Managing Records in a Minister's Office.

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