4.3 Appendix – Terms and Conditions for the Disposition of Electronic Images and Source Records
1. Scope
For the purposes of these terms and conditions, "source record" includes any
correspondence, memorandum, book, map, plan, pictorial or graphic work, photograph, film,
microform, or any other documentary material.
These terms and conditions apply to source records scanned into an electronic imaging
system and to the electronic images themselves.
Where source records exist on both paper and microfilm, these terms and conditions
apply to both media.
2. Exclusions
These terms and conditions do not apply to machine-readable records captured by an
imaging system and for which there exists no hard-copy source record.
Except where an existing Records Disposition Authority permits the destruction of all
the source records, source records which may have intrinsic value based on unusual
physical characteristics or age are excluded from this Authority. Records having intrinsic
value include, but are not limited to, the following examples:
- documents predating 1939;
- original proclamations, charters, testimonials, and intergovernmental agreements or
treaties;
- documents with corporate seals affixed;
- oversized graphic materials;
- cartographic, architectural or engineering drawings;
- photographs, slides and negatives; and
- original artworks.
Source records which may have intrinsic value shall not be destroyed. Institutions must
request authorization from the Librarian and Archivist to dispose of such source records and
the related electronic images on a case-by-case basis.
3. Requirements for Imaging Systems in order to use this Authority
Where it is the intent of the institution to rely on the electronic images as the
official or corporate "business record" (as opposed to the system providing
"convenience" or "reference" copies), disposition of the source
records and/or electronic images may take place as described in Section 4 below. Imaging
Systems producing records which may be relied upon for these business or legal operational
purposes should:
- comply with the ten principles described in Part IV, section 3.7 of the Canadian General
Standards Board’s Microfilm and Electronic Images as Documentary Evidence
(CAN/CGSB-72.11-93);
- be capable of identifying and grouping together images related to specific subjects,
cases, functions, activities, or offices managed by the Institution; and
- support the extraction of individual images.
Institutions must also ensure that when hardware and software systems are replaced or
updated, all electronic images are migrated to the new environment so that the records
will remain available, understandable and usable.
If the imaging system meets these requirements, disposition of records may take place
as follows.
4. Application
4.1 Where an existing Records Disposition Authority identifies some or all
of the source records being scanned as having archival value:
- destroy the source records when no longer needed by the institution, if the imaging
system meets the requirements set out in Section 3 above;
- seek an amendment from Library and Archives Canada to the existing Agreement (Terms and
Conditions for the Transfer of Archival Records) in order to specify the technical
conditions for the transfer of the now-imaged archival records to Library and Archives Canada.
4.2 Where there is no Records Disposition Authority applicable to the
source records:
- destroy the source records when no longer needed by the institution, if the imaging
system meets the requirements set out in Section 3 above;
- seek authorization from Library and Archives Canada for disposition of the electronic images through the normal Memorandum of Understanding process.
4.3 Where an existing Records Disposition Authority permits the destruction
of all source records being imaged:
- destroy the electronic images when they are no longer needed by the institution.
4.4 Where an electronic imaging system does not meet the requirements set
out in Section 3 above, and is only used for "convenience" or
"reference" purposes rather than as the legal, corporate record of normal
business operations:
- authorization is hereby given to destroy the electronic image of the business record;
- for the disposition of the source originals in these cases, continue to apply a Records
Disposition Authority if one exists, or seek one from Library and Archives Canada through the normal Memorandum of Understanding process.
5. Further Information
For further information relating to these terms and conditions, contact Library and Archives Canada.
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