Archives and Recordkeeping Act, 2006, S.O. 2006, c. 34, Sched. A

• Jurisdiction: Ontario

Archives and Recordkeeping Act, 2006

S.o. 2006, chapter 34
Schedule A

Consolidation Period: From July 1, 2019 to the e-Laws currency date.

Last amendment: 2019, c. 7, Sched. 17, s. 39.

CONTENTS

Part i
Purposes, Interpretation and Application

Purposes of the Act

1 The purposes of this Act are,

(a) to ensure that the public records of Ontario are managed, kept and preserved in a useable form for the benefit of present and future generations;

(b) to foster government accountability and transparency and to support effective government administration by promoting and facilitating good recordkeeping by public bodies; and

(c) to encourage the public use of Ontario’s archival records as a vital resource for studying and interpreting the history of the province. 2006, c. 34, Sched. A, s. 1; 2019, c. 7, Sched. 3, s. 1.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 3, s. 1 - 29/05/2019

Interpretation

2 (1) In this Act,

“Archivist” means the Archivist of Ontario appointed under section 8; (“archiviste”)

“Deputy Minister” means the deputy minister to the Minister; (“sous-ministre”)

“legislative body” means,

(a) the Legislative Assembly or a committee of the Legislative Assembly,

(b) an officer of the Legislative Assembly or of the Legislature, or

(c) an officer or servant of the House; (“organisme législatif”)

“Minister” means the member of the Executive Council who is assigned the administration of this Act under the Executive Council Act; (“ministre”)

“prescribed” means prescribed by regulation; (“prescrit”)

“private record” means a record that is not a public record; (“document privé”)

“public body” means,

(a) the Executive Council or a committee of the Executive Council,

(b) a minister of the Crown,

(c) a ministry of the Government of Ontario,

(d) a commission under the Public Inquiries Act, 2009, or

(e) an agency, board, commission, corporation or other entity designated as a public body by regulation; (“organisme public”)

“public record” means a record made or received by a public body in carrying out the public body’s activities, but does not include constituency records of a minister of the Crown or published works; (“document public”)

“record” means a record of information, including data, in any form, including a record made, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic, optical or any other means, but does not include a mechanism or system for making, sending, receiving, storing or otherwise processing information; (“document”)

“regulation” means a regulation made under this Act. (“règlement”) 2006, c. 34, Sched. A, s. 2 (1); 2009, c. 33, Sched. 6, s. 40; 2018, c. 17, Sched. 45, s. 2; 2019, c. 7, Sched. 3, s. 2.

Record of archival value

(2) For the purposes of this Act, a record is a record of archival value if,

(a) it relates to,

(i) the origin, development, organization or activities of a public body, a legislative body, a court or any other person or entity,

(ii) the development or implementation of a law or of a policy or decision of a public body, a legislative body or any other person or entity, or

(iii) the history of Ontario or of any part of Ontario;

(b) it has the characteristics of a record of archival value that are prescribed;

(c) it is designated as a record of archival value by regulation; or

(d) it belongs to a class of records prescribed as being a class of records of archival value. 2006, c. 34, Sched. A, s. 2 (2).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 6, s. 40 - 01/06/2011

2018, c. 17, Sched. 45, s. 2 - 06/12/2018

2019, c. 7, Sched. 3, s. 2 - 29/05/2019

Laws re privacy and access, privileges

3 (1) Nothing in this Act limits the operation of any law or privilege governing the protection of privacy or access to information in respect of records held by public bodies and legislative bodies. 2006, c. 34, Sched. A, s. 3 (1).

Same

(2) Nothing in this Act limits the operation of any other privilege that may exist in respect of a record transferred to the Archivist or to another person or entity under this Act. 2006, c. 34, Sched. A, s. 3 (2).

Orders of Assembly and courts, statutory provisions

4 Nothing in this Act shall be taken or deemed to authorize the retention, transfer, destruction or other disposition of any public record in contravention of an order of a court or of the Legislative Assembly or in contravention of an express provision in any other Act. 2006, c. 34, Sched. A, s. 4.

Crown bound

5 This Act binds the Crown. 2006, c. 34, Sched. A, s. 5.

part ii
Archives of Ontario

Archives of Ontario

6 The Archives of Ontario is continued. 2006, c. 34, Sched. A, s. 6.

Objects of the Archives of Ontario

7 The objects of the Archives of Ontario are,

(a) to preserve records of archival value;

(b) to provide access to the public to records in the custody or control of the Archives of Ontario;

(c) to promote good recordkeeping by public bodies to facilitate the preservation of records of archival value and to support effective government administration;

(d) to assist historical research and encourage archival activities in Ontario. 2006, c. 34, Sched. A, s. 7; 2019, c. 7, Sched. 3, s. 3.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 3, s. 3 - 29/05/2019

Archivist of Ontario

8 (1) There shall be an Archivist of Ontario who shall be appointed by the Lieutenant Governor in Council. 2006, c. 34, Sched. A, s. 8 (1).

Powers and duties

(2) The Archivist shall administer the Archives of Ontario and shall exercise the powers and perform the duties assigned to the Archivist under this Act. 2006, c. 34, Sched. A, s. 8 (2).

Term of office

(3) The Archivist shall hold office for a term fixed by the Lieutenant Governor in Council and may be reappointed for a further term or terms. 2006, c. 34, Sched. A, s. 8 (3).

Access to records

(4) Despite any other Act or privilege, the Archivist shall have access to any public record for the purpose of exercising or performing the Archivist’s powers or duties under this Act and, for greater certainty, nothing in the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004 prevents the Archivist from having such access. 2006, c. 34, Sched. A, s. 8 (4); 2019, c. 7, Sched. 3, s. 4.

Same

(5) A public body or former public body and any officer, employee, former officer or former employee of a public body or of a former public body shall give the Archivist access to any public record to enable the Archivist to exercise or perform the Archivist’s powers or duties under this Act. 2006, c. 34, Sched. A, s. 8 (5); 2019, c. 7, Sched. 3, s. 4.

Not compellable witness

(6) The Archivist or any person employed in the Archives of Ontario is not compellable to give evidence in a civil proceeding concerning anything coming to their knowledge in the exercise or performance of a power or duty under this Act. 2006, c. 34, Sched. A, s. 8 (6).

Delegation

(7) The Archivist may delegate any of the Archivist’s powers or duties to a person employed in the Archives of Ontario. 2006, c. 34, Sched. A, s. 8 (7); 2019, c. 7, Sched. 3, s. 4.

Acting Archivist

(8) The Deputy Minister may at any time appoint an acting Archivist with the powers and duties of the Archivist if,

(a) the Archivist is absent or unable to act; or

(b) the office of Archivist is vacant. 2006, c. 34, Sched. A, s. 8 (8).

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 3, s. 4 - 29/05/2019

Protection from personal liability

9 (1) No action or other proceeding shall be instituted against the Archivist or any person employed in the Archives of Ontario as a result of any act done in good faith in the performance or intended performance of any duty under this Act or in the exercise or intended exercise of any power under this Act, or of any neglect or default in the performance or exercise in good faith of such duty or power. 2006, c. 34, Sched. A, s. 9 (1).

Crown liability

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 2006, c. 34, Sched. A, s. 9 (2); 2019, c. 7, Sched. 17, s. 39.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 17, s. 39 - 01/07/2019

Ministerial directions

10 The Minister may give directions to the Archivist in relation to the exercise of the Archivist’s powers and the performance of the Archivist’s duties under this Act, other than the establishment of standards and guidelines under section 25. 2006, c. 34, Sched. A, s. 10; 2019, c. 7, Sched. 3, s. 5.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 3, s. 5 - 29/05/2019

part iii
Retention, Transfer and Disposition of Records

Public Records

Records schedules

11 (1) The Archivist may prepare a records schedule that sets out, for a class of public records that a public body creates or receives, the length of time the records will be retained and the disposition of the records at the end of the retention period. 2019, c. 7, Sched. 3, s. 6 (1).

Same

(1.1) Every public body shall prepare a records schedule that sets out, for each class of public records that they create or receive and for which the Archivist has not prepared a records schedule, the length of time the records will be retained and the disposition of the records at the end of their retention period. 2019, c. 7, Sched. 3, s. 6 (1).

Contents

(2) A records schedule shall,

(a) identify and describe the records or classes of records to which it applies;

(b) specify how long the records are to be retained by the public body;

(c) Repealed: 2019, c. 7, Sched. 3, s. 6 (2).

(d) identify the...