Multi-Institutional Disposition Authorities

Table of Contents

Introduction

Every year, federal government institutions¹ create and manage information in all media of recorded communication in support of public policy, the administration of government, and the delivery of programmes and services to Canadians.

Under the Library and Archives of Canada Act (2004), Library and Archives Canada is charged with various responsibilities regarding the disposal of this information, including the authorization of records destruction by government institutions (Section 12) and the preservation of records for their archival or historical importance (Section 13).

To meet these legislative requirements, the Librarian and Archivist issues Records Disposition Authorities to enable government institutions to dispose of records which no longer have operational utility, either by permitting their destruction, by requiring their transfer to Library and Archives Canada, or by agreeing to their alienation from the control of the Government of Canada.

Records Disposition Authorities are granted by the Librarian and Archivist to government institutions in two ways, either

1. on an institution-specific basis, through the approval of records disposition authorities which relate to records managed by a single government institution, and which allow the institution to dispose of records according to the terms and conditions of an agreement negotiated between Library and Archives Canada and the institution;

or

2. on a multi-institutional basis, through the approval of records disposition authorities which relate to records managed by all or a multiple number of government institutions, and which allow the institutions empowered to use the authorities to dispose of records under certain terms and conditions.

This collection of Records Disposition Authorities relates exclusively to approvals issued by Library and Archives Canada to all or a multiple number of government institutions permitting the disposal of records on a multi-institutional basis.

Multi-Institutional Disposition Authorities: Purposes and Objectives

The Multi-Institutional Disposition Authorities (MIDA) in this collection are issued by the Librarian and Archivist to provide direction to government institutions subject to the Library and Archives of Canada Act regarding the disposal of records managed by ail or a multiple number of government institutions. They are designed to eliminate the need for government institutions individually to prepare submissions for and negotiate agreements with the Librarian and Archivist for records which have similar administrative or operational status.

The collection also contains other documents prepared by Library and Archives Canada — policies, agreements, guidelines, etc. – which have multi-institutional application across government in reference to the disposal of federal records.

The Legislative Framework of Government Records Disposition: the Library and Archives of Canada Act

The disposal of records managed by government institutions occurs under the Library and Archives of Canada Act. A government institution is subject to the Library and Archives of Canada Act if it is listed in Schedule I of the Access to Information Act or in the Schedule to the Privacy Act.

The Library and Archives of Canada Act establishes the authority of the Librarian and Archivist to control the destruction of records by government institutions and to preserve records with archival or historical value, and to take whatever measures and steps are deemed necessary to achieve these goals and objectives. It also identifies the responsibilities, obligations and accountabilities of government institutions in relation to records disposal processes.

It is important to note that a Records Disposition Authority permitting the destruction of records by a government institution does not constitute a requirement to destroy, nor does it provide direction regarding the timing of records destruction.

A permission to dispose of records granted by the Librarian and Archivist to a government institution simply indicates that Library and Archives Canada has determined that these records do not need to be preserved for the future archival or historical use of Canadians. Accountability regarding the decision to destroy records and the timing of records destruction rests with individual government institutions.

Retention Periods for Records

Records Disposition Authorities issued by the Librarian and Archivist to government institutions, including Multi-Institutional Disposition Authorities, do not provide or authorize retention periods for records.

In cases where records are determined to have archival or historical value and are required to be transferred to the custody and control of Library and Archives Canada, the Librarian and Archivist negotiates agreements with government institutions regarding the timing of transfers (or other arrangements) in order to secure their preservation as archival documents.

Who May Use the Multi-Institutional Disposition Authorities?

Unless otherwise specified, all government institutions subject to the Library and Archives of Canada Act may use the Multi-Institutional Disposition Authorities to dispose of records which do not have archival or historical value.

Exceptions to the application of a Multi-Institutional Disposition Authority are identified in appended Terms and Conditions, notably in the statement of the Scope of records disposition coverage and in the statement of the Authorization to Destroy.

How Should Multi-Institutional Disposition Authorities be Applied by Government Institutions?

Records Disposition Authorities should be applied to records by government institutions in the following order of priority:

1. Institution-Specific Disposition Authorities (ISDA) related to records managed by single government institutions. ISDA take precedence over all other Records Disposition Authorities issued by the Librarian and Archivist.
2. Multi-Institutional Disposition Authorities related to operational or medium-specific records.
3. Multi-Institutional Disposition Authorities related to common administrative records.

Questions?

Questions concerning the application or interpretation of the Multi-Institutional Disposition Authorities in this collection may be addressed to the Government Archives Business Centre of Library and Archives Canada at 819-934-7305. The Centre will forward queries to the information systems analyst responsible for your institution.

Multi-Institutional Disposition Authorities (MIDA) Specific exclusions within the five MIDA for Common Administrative Records

Multi-Institutional Disposition Authorities (MIDA) Standard exclusions within the five MIDA for common administrative records

Multi-Institutional Disposition Authorities for common administrative records include standard exclusions within their Terms and Conditions - Appendix 1. The Scope of each MIDA may also describe what the function-specific MIDA covers and what it does not cover, e.g. applies to all institutions subject to the Library and Archives of Canada Act, applies to electronic records and databases which directly support the function covered by a specific MIDA, etc.

The standard exclusions are all records created, collected, or maintained in any medium by a federal institution in support of the [specific common administrative MIDA] Function of the Government of Canada that:

• are operational in nature;
• are of a mixed operational and administrative character;
• do support an administrative function in an Office of Primary Interest;
• are otherwise excluded from the application of Authority [a specific MIDA] by virtue of the definitions and scope statement contained in this Appendix;
• are anterior to 1946; and
• have retention periods - established by the institution according to its legal and operational requirements - which have not expired.

¹For the purpose of records disposition: federal government institutions comprise all institutions subject to the Library and Archives of Canada Act.

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Table of Contents

Part One: Supporting Documentation – Legislation, Policies, and Guidelines

Part Two: Transitory Records

Part Three: Common Administrative Records

Part Four: Operational and Medium-Specific Records