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Disposition

4.9 APPENDIX I: Term and Conditions for the disposal of Transitory Information Resources of government institutions

A. Scope of the Multi-Institutional Disposition Authority (MIDA)

Eligibility

  • A.1
    Multi-Institutional Disposition Authority (MIDA) 2010/003 applies to all Government of Canada (GC) institutions subject to the Library and Archives of Canada Act as soon as they have fulfilled the following requirements under the Directive on Recordkeeping issued on June 1st, 2009 by the Treasury Board of Canada Secretariat (TBS):
    • Identification of information resources of business value, based on an analysis of departmental functions and activities (Directive on Recordkeeping (2009), Section 6.1.1); and
    • Establishment and implementation of repositories in which information resources of business value are stored or preserved in a physical or electronic storage space (Directive on Recordkeeping (2009), Section 6.1.3, item 1).
  • A.2
    GC institutions that are not subject to the TBS Directive on Recordkeeping are nonetheless required to fulfill the requirements outlined in Section A.1 in order to apply this MIDA.

Coverage

  • A.3

    The scope of MIDA 2010/003 covers all information resources, in all media and locations, that may not be disposed of without the written consent of the Librarian and Archivist of Canada according to section 12. (1) of the Library and Archives Canada Act.

    The scope of MIDA 2010/003 excludes:

    1. information resources that have been identified as having business value, either at present or at any time in the past, in the fulfilment of requirement 6.1.1 of the TBS Directive on Recordkeeping;
    2. information resources that have not been identified as having business value in the fulfilment of requirement 6.1.1 of the TBS Directive on Recordkeeping, but that have been identified as having archival value in an approved records disposition instrument (e.g. Records Disposition Authority) authorized by the Librarian and Archivist of Canada;
    3. information resources that have not been identified as having business value in the fulfilment of requirement 6.1.1 of the TBS Directive on Recordkeeping and that are not covered under the scope of an approved records disposition instrument (e.g. Records Disposition Authority) authorized by the Librarian and Archivist of Canada, but that fall under either or both of the following categories:
      • information resources created prior to 1946;
      • original proclamations, charters, and intergovernmental agreements or treaties.

Temporal status

  • A.4

    This MIDA provides for on-going disposition of information resources described in Section A.3.

Relationship to other authorities

  • A.5

    This MIDA fully supersedes the Authority for the Destruction of Transitory Records (90/000) for a government institution as soon as that institution becomes fully compliant with the requirements under the Directive on Recordkeeping outlined in Section A.1 above.

    In any case, the Authority for the Destruction of Transitory Records (90/000) will be fully revoked effective June 1st, 2014, in keeping with the timeframe for the implementation of the Directive; MIDA 90/000 may not be used by any government institution after that date.

  • A.6

    Apart from the exception described in Section A.5, this MIDA has no impact on other Records Disposition Authorities (RDAs). As a result, institutions shall continue to apply the Terms and Conditions of all applicable RDAs.

  • A.7

    Other Records Disposition Authorities (RDAs) may preclude the application of this MIDA, as outlined in Section C.1(2)

Relationship to rules, court or tribunal orders, or provisions in other Acts

  • A.8

    Nothing in this MIDA shall be taken or deemed to authorize the retention, the transfer, destruction or other disposition of any government information resource in contravention of a rule or order of a court or tribunal or in contravention of an express provision in any other Act (e.g. Canadian International Trade Tribunal Act, Federal Court Rules, Access to Information Act, Privacy Act).

Definitions

  • A.9

    The following definitions shall apply within the context of this MIDA:

    "Information resources" (Ressources documentaires): Any documentary material produced in published and unpublished form regardless of communications source, information format, production mode or recording medium. Information resources include textual records (memos, reports, invoices, contracts, etc.), electronic records (e-mails, databases, internet, intranet, data, etc.), new communication media (instant messages, wikis, blogs, podcasts, etc.), publications (reports, books, magazines), films, sound recordings, photographs, documentary art, graphics, maps, and artefacts. (Source: TBS Directive on Recordkeeping, 2009)

    "Information resources of business value" (Ressources documentaires à valeur opérationnelle): Are published and unpublished materials, regardless of medium or form, that are created or acquired because they enable and document decision-making in support of programs, services and ongoing operations, and support departmental reporting, performance and accountability requirements. (Source: TBS Directive on Recordkeeping, 2009)

Disposal of information resources

  • A.10

    GC institutions may dispose of all transitory information resources described in the scope of this MIDA as defined in Section A.3, except those records of business and/or archival value identified through the process outlined in Section C, without further reference to Library and Archives Canada.

B. Obligations for the use of MIDA 2010/003

Obligation to agree to all terms and conditions of this MIDA

  • B.1

    Government institutions, as a condition for using and applying this MIDA, shall agree to all terms and conditions of the Authority.

Obligation to convey the provisions of this MIDA

  • B.2

    To ensure the integrity of its application, government institutions shall convey the provisions of this MIDA to all those responsible for its application.

C. Application of the MIDA

  • C.1

    Government institutions shall follow all steps outlined in the process below in order to apply this MIDA. The application of the MIDA occurs at the end of the process, in Section C.1(3)b.

    1. Determine if information resources of business value have been identified, and repositories established and fully implemented for information resources of business value, as stipulated in requirements 6.1.1 and 6.1.3 of the Directive on Recordkeeping.
      1. If information resources of business value have not been identified for the institution, or if repositories have not been established and implemented for information resources of business value, then the MIDA cannot be applied.
      2. If the information resources being considered for disposition under this MIDA have been identified as having business value, either at present or at any time in the past, then the MIDA cannot be applied.
      3. If information resources of business value have been identified for the institution, and if the information resources being considered for disposition under this MIDA have not been identified as having business value during that exercise, then proceed to step (2).
    2. Determine if the information resources being considered for disposition under this MIDA fall under the scope of any records disposition instrument (e.g. an RDA) authorized by the Librarian and Archivist of Canada.
      1. If the information resources fall under the scope of a records disposition instrument (e.g. RDA), then the MIDA cannot be applied; proceed with one of the two following steps:
        1. If the information resources have been identified as archival by LAC, then they must be transferred to LAC at the end of their retention periods according to the Terms and Conditions for the Transfer of Archival Records of the approved records disposition instrument (e.g. RDA).
        2. If the information resources have been identified as non-archival by LAC, then they may be disposed of under the Terms and Conditions of the approved records disposition instrument (e.g. RDA).
      2. If the information resources do not fall under the scope of a records disposition instrument (e.g. RDA), proceed to step (3).
    3. Determine if the information resources fall under any or all of the following categories:
      • Information resources created prior to 1946
      • original proclamations, charters, and intergovernmental agreements or treaties
      1. If the information resources fall under either or both of the above two categories, then the MIDA cannot be applied.

        In this situation, GC institutions must wait until the written consent of the Librarian and Archivist has been obtained through an authorized records disposition instrument (e.g. an RDA) in order to dispose of these information resources.

      2. If the information resources do not fall under either of the categories above, then this MIDA can be applied and the information resources may be disposed of without further reference to Library and Archives Canada.

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