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Document Disposal Act

[RSBC 1996] CHAPTER 99

Contents
Section
  Definitions
  Power to dispose of valueless documents
  Approvals required
  Municipality may deposit documents in archives
  Repealed
  Power to make regulations

Definitions

1  In this Act:

"archives" means the archives of the government that are held by the museum;

"deposited" includes filed, registered, recorded and kept;

"document" includes a record as defined in the Interpretation Act;

"ministerial office" means any office in or under the ministries, branches and institutions of the Executive Government of British Columbia, other than a record office;

"museum" means the Royal British Columbia Museum established as a corporation under the Museum Act;

"record office" means any office of a court in which documents are deposited;

"records schedule" means a prescribed timetable that

(a) describes a document's life span from the date on which it was created to the date of its final disposition, including the periods of its active and dormant stages either as waste or as a document of legal or historical value to be permanently preserved, and

(b) provides instructions as to the manner and time of the disposition of a document under this Act.

Power to dispose of valueless documents

2  The officer in charge or in custody of the documents deposited in a ministerial office or record office may, subject to the regulations and to every approval required by this Act, destroy or otherwise dispose of the documents deposited which are not considered of sufficient public value to justify their preservation.

Approvals required

3  (1) A document must not be destroyed except on the written recommendation of the Public Documents Committee, which consists of the chief executive officer of the museum or a person designated by the chief executive officer, a person designated by the minister responsible for the administration of this Act, the Comptroller General, and 3 other persons to be named by the Lieutenant Governor in Council.

(2) A document must not be destroyed before the expiration of 7 years from the date on which it was created unless one of the following conditions is met:

(a) 2 years have expired from the date on which the document was created and a microfilm copy of it is available to the officer who would, but for the destruction, have charge or custody of the document;

(b) a recommendation under subsection (1) has been approved by the Legislative Assembly on the recommendation of the Select Standing Committee of the Legislative Assembly on Public Accounts and Economic Affairs;

(c) the document is

(i)  listed in a records schedule approved by the Select Standing Committee of the Legislative Assembly on Public Accounts and Economic Affairs, and

(ii)  destroyed in accordance with the instructions in the records schedule.

(3) Subject to subsections (1) and (2), the Lieutenant Governor in Council may, on the recommendation of the minister having jurisdiction over the ministry concerned, order

(a) that any public document or any class or series of documents then in charge of the ministry be transferred to the archives or Provincial Library immediately or on the expiration of the periods after the dates at which they were created as are specified in the order, and

(b) that any public document or class or series of documents then in the charge of the ministry be destroyed immediately or on the expiration of the periods after the dates at which they were created as are specified in the order.

(4) A document deposited in a record office must not be destroyed without the approval of the Attorney General, and

(a) in the case of an office of the Court of Appeal, without the further approval of the Chief Justice of British Columbia, and

(b) in the case of an office of the Supreme Court, without the further approval of the Chief Justice of the Supreme Court.

(5) Every approval under subsection (4) must

(a) be in writing,

(b) designate the document to be disposed of, and

(c) be kept on file in the ministerial office, or record office to which it relates.

Municipality may deposit documents in archives

4  With the consent of the chief executive officer of the museum, a municipality or regional district, or a school board or francophone education authority as defined in the School Act, may deposit any of its noncurrent documents with the museum for preservation in the archives.

Repealed

5  [Repealed 2003-12-29.]

Power to make regulations

6  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) designating and establishing classes and series for the purposes of section 3 (3);

(b) respecting the transfer, destruction or other disposition of documents or classes or series of documents under section 3 (3);

(c) prescribing the form and content of records schedules.