Date Approved: October 12 2010
Date Reviewed/Amended:
1. Overview and Definitions
1.1. The Records Management Program will facilitate the retrieval, retention, long-term preservation and destruction of records in accordance with the District’s legal, administrative and operational obligations.
1.2. The following definitions apply within this regulation:
1.2.1. A “Record” is “all recorded information regardless of physical format, which is received, created, deposited or held. Records include books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include computer programs or any other mechanism that produces records.” (Freedom of Information and Protection of Privacy legislation.)
1.2.2. “Student Personal Information” includes any information that identifies a student including the student’s name, address and telephone number, Personal Education Number (PEN), assessments, results and educational records.
1.2.3. “Employee Personal Information” is any recorded information about an identifiable employee other than information enabling an employee to be contacted at work (including name, position name, district telephone number, district address, district email and district fax number).
1.3. The following acts (and regulations thereto) are part of the Records Management Program:
1.3.1. Canada Pension Act
1.3.2. Document Disposal Act;
1.3.3. Education Finance Act;
1.3.4. Employment Insurance Act.
1.3.5. Employment Standards Act;
1.3.6. Excise Act;
1.3.7. Financial Disclosure Act;
1.3.8. Financial Information Act;
1.3.9. Freedom of Information and Protection of Privacy Act (FOIPPA);
1.3.10. Income Tax Act; and
1.3.11. School Act.
2. Creation and Correction of Records
2.1. In accordance with FOIPPA, the District has the legal authority to collect personal information that relates directly to, and is necessary for, it’s operating programs or activities, or as otherwise authorized by legislation. Personal information will be collected directly from the individual the information is about, unless another method of collection is authorized by the individual or by legislation.
2.2. FOIPPA gives employees the right to request that personal information on file be removed or corrected. This procedure is not intended to be in conflict with, or supersede, an employee’s rights outlined in a collective agreement.
2.2.1. Employees may request the district to correct or remove entries in their personal records. Such a request must be made in writing, either on the forms provided or in a letter.
2.2.2. The Secretary-Treasurer (who may consult with the Superintendent before making a decision) will make a decision on the request.
2.2.3. If the request is complied with, no Record of the request should be retained in the employee file.
2.2.4. If the district denies the request, the applicant will be informed of the right to appeal to the Commissioner of Information and Privacy.
3. Access to Records
3.1. FOIPPA
3.1.1. Disclosure of personal information occurs when the information is provided to an external or third party. Such disclosure must comply with Part 3 of FOIPPA.
3.1.2. Personal information may be disclosed to a third party if the individual who is the subject of the information has provided written consent in accordance with FOIPPA regulation. In the case of a student under age nineteen (19), such consent shall be provided by the student’s parent or guardian.
3.1.3. FOIPPA provides a general right of access to any record in the custody or under the control of the district, including records containing personal information, subject to certain exceptions that are set out in Part 2 of FOIPPA.
3.1.4. FOIPPA regulation allows a parent or guardian to access personal information on behalf of a child under the age of nineteen (19).
3.1.5. All employees working with records must ensure the security and confidentiality of those records, including security of access to records.
3.2. School Act
3.2.1. Section 1 of the School Act defines a student record as:
"student record" means a record of information in written or electronic form pertaining to
(a) a student or francophone student, or
(b) a child registered under section 13 with a school or francophone school,
but does not include
(c) a record prepared by a person if that person is the only person with access to the record, or
(d) a record of a report under section 14 (1) or 16 (3) (b) of the Child, Family and Community Service Act or of information that forms the basis for a report under section 14 (1) of that Act;
3.2.2. The School Act provides a student and parent or guardian with a right of access to copies of academic records and other student records (Section 9), as well as information about the student’s progress, attendance and behavior at school (Section 7).
3.2.3. Section 79 of the School Act addresses privacy in the context of student records.
3.3. Student Personal Information
3.3.1. District employees may disclose Student Personal Information to other district employees where such disclosure is necessary for the performance of the duties of the employee.
3.3.2. District employees may disclose Student Personal Information to other school districts where such disclosure is necessary for educational purposes.
3.3.3. In accordance with FOIPPA, other ministries, school districts or law enforcement agencies may have access to personal information where this is necessary for the provision of their services.
3.3.4. Students and/or parents or guardians must authorize the disclosure of Student Personal Information for purposes ancillary to educational programs such as newsletter publications, website postings, honor roll lists, team rosters or yearbooks. This authorization will be obtained on the form “Authorization for Disclosure of Student Personal Information” on an annual basis at the beginning of each school year. Parents and/or guardians have the right to opt out of providing Student Personal Information that is not directly related to a student’s educational program or necessary for the district’s operational activities.
3.3.5. When a school or the district collects Student Personal Information or personal information about students’ families, parents and/or guardians should be informed of the purpose for which the information is being collected.
3.4. Employee Personal Information
3.4.1. The collection, use, disclosure, access to and disposal of Employee Personal Information is governed by FOIPPA. All provisions of FOIPPA that apply to Employee Personal Information in the district’s custody or control will be observed.
3.4.2. Access to an employee’s Records can be gained during normal business hours upon appointment with the Secretary-Treasurer. The employee’s Records are available to:
3.4.2.1. The employee, in the presence of designated staff;
3.4.2.2. Other parties, such as legal counsel of the employee with the specific written consent of the employee; and
3.4.2.3. The employee’s supervisor, only in the course for performing their job functions, on an as-needed basis.
3.5. The Secretary-Treasurer is authorized to establish fees for the retrieval and reproduction of Records.
4. Security of Records
4.1. Records must be dealt with in a responsible, efficient, ethical and legal manner. All district employees are expected to maintain and secure Records in a manner that respects the privacy of employees, students and students’ families. Users of computer network resources should not disseminate Records to anyone not covered by a confidentiality agreement. Precautions should be taken to ensure that Records are protected from unauthorized access, use and disclosure.
4.2. Paper Records
4.2.1. Reasonable security precautions should be in place, such as: locked storage; removal of personal information from work areas; proper shredding of binned material.
4.2.2. Personal information should not be discussed in any physical location that may compromise confidentiality.
4.2.3. Posting of personal information such as exam results should not contain student identifiers.
4.2.4. A “CONFIDENTIAL” warning should be listed on fax covers to prevent information from being accessed and viewed by an unauthorized party if a fax is obtained in error. Highly sensitive material should not be faxed.
4.2.5. Paper Records due for destruction should be securely shredded and disposed of.
4.3. Electronic Records
4.3.1. Where Records are maintained in an electronic form, the system must include a method of producing visible and legible Records that will provide adequate information for the intended purpose of the Records.
4.3.2. Internet and internal computer network systems must be used in accordance with Regulation 2.5: “Use of School District’s Communications Systems.”
4.3.3. Security, such as passwords and data encryption, must be in place for Records stored, printed or transferred by computers and electronic mobile devices.
4.3.4. Passwords should not be shared with coworkers, nor should coworkers log in with another employee’s password.
4.3.5. Laptops and other electronic devices, such as Personal Digital Assistants, should either be kept on one’s person or be secured in safe physical storage.
4.3.6. Sensitive Records such as pictures of students or employees, or personal information such as home addresses and phone numbers, should not be transmitted, exposed on the Internet or published without consent.
5. Retention of Records
5.1. Management Program – Regulation – Schedule outlines the minimum length of time that Records must be retained. The schedule identifies who is responsible for their retention and destruction.
5.2. The maintenance of records for minimum periods of time is subject to the requirements of federal and provincial legislation. It is recognized that legislation as enacted may dictate other provisions and periods of time and take precedence over the time periods specified in the schedule that accompanies this regulation.
6. Destruction of Records
6.1. Once a Record is past the minimum period of time for retention, the person identified in Management Program – Regulation – Schedule as being responsible for the Record is authorized to destroy it once they are satisfied that the Record:
6.1.1. Is of no further use;
6.1.2. Has no historical or archival value; or
6.1.3. Is not the subject matter of litigation.
6.2. Records which contain personal or confidential information should be destroyed in a manner that retains the confidentiality of the Records.
REGULATION AND PROCEDURES: Records - Schedule
The following retention schedule outlines the minimum amount of time that School District records must be retained and who is responsible for their retention and destruction.
Board Records
Responsibility: Secretary-Treasurer
Board Policy Permanent
Agendas of Regular and Special Board Meetings Permanent
List of Electors 2 years after the year of creation
Minutes Permanent
Notice of Meetings 1 year
Oaths and Declaration of Trustees For term of office
Financial Disclosures While in office or in the employ of the Board
School Trustees List While current
Debenture and by-law register Permanent
Debenture and coupons redeemed 6 years after the year redeemed
Contracts with Senior Staff 6 years after the year employee leaves district
Communications/Information and Privacy
Responsibility: Communications Office
Freedom of Information Requests 2 years after the calendar year of creation
Requests to Review Freedom of Information 5 years after investigation, review, inquiry
Decisions or adjudication is complete and order has been issued
Freedom of Information requests to correct 2 years after the personal information has
personal information been updated, annotated, or request has been transferred to another public body.
Annual Report as required by the School Act Permanent
District publications and newsletters Permanent
Financial Records
Responsibility: Director of Finance
Annual budget and summary supporting documents Permanent
Auditor's reports Permanent
Cancelled cheques 6 years after the year of creation
Cheque duplicates, invoices 6 years after the year of creation
Requisitions, purchase orders 2 years after the year of creation
Employee Travel Claims 6 years after the year of creation
Ministry of Education financial information reports Permanent
General ledger Permanent
Invoices billed 6 years after the year of creation
Subsidiary ledgers and journals 6 years after the year of creation
Receipts issued 6 years after the year issued
Bank statements, debit and credit notes 6 years after the year of creation
Deposit books 6 years after the year of creation
Loans, authorization 6 years or term of loan, if longer
Loans, cancelled notes 6 years after the year of creation
Stop payment orders 1 year after the year of creation
Facilities Records
Responsibility: Director of Operations
Rental of facilities 1 year after the year of rental
Appraisal and inventory records 6 years after the year of asset disposal
Authorization for expenditure of capital funds 6 years after the year capital plan completed
Building plans and specifications (with related 6 years after the year of asset disposal
change, guarantees, bonds, liens and
valuable correspondence)
Land titles, deeds and plans 6 years after the year of asset disposal
Mortgages and leases 6 years after expiration of term
Referenda Data (subsequent changes, 6 years after the year of asset disposal
orders-in-council, etc.)
General Records
Responsibility: Each Principal, Director, Senior Staff member
General Correspondence 2 years after the year of creation
Human Resource Records
Responsibility: Director of Instruction – Human Resources
Applications 1 year after position is filled
Job Competitions 1 year after position is filled, with selected longer retention
Collective Agreements with Unions Permanent
Contracts with individual employees 6 years after the year employee leaves district
Employee files 6 years after the year employee leaves district
First Aid Certification 6 years after the year employee leaves the district
Leave records 6 years after the employee leaves school district
Individual grievance files Permanent
Letters of discipline According to collective agreement or 6 years after the year employee leaves district
Personnel File 6 years after the year employment ceases
Reference checks 1 year after position is filled
SDS 1 year after employment ceases
SDS - TOC Dispatch 1 year after employment ceases
Seniority Lists Permanent
Support Staff Subtitutes 1 year
Unsolicited resumes 6 months
Violent incident reports 6 years after the year of creation
Employee WCB forms 6 years after the year employment ceases
Information Systems
Responsibility: Director of Information Technology
User ID's When user is removed from the system
System Problem-Tracking When user is removed from the system
Responsibility: Each Principal, Director of Operations (for closed buildings)
Video tapes 1 year after year of creation, as needed
Insurance Records
Responsibility: Secretary-Treasurer
Incident Reports 1 year or until finalized
Claims 6 years after claim settled for adults; 2 years after age of majority is reached for individuals under 19 years
Insurance Policies Permanent
Payroll Records
Responsibility: Director of Finance
Employee payroll file 6 years after the year employee leaves district
Employee payroll register 6 years after the year employee leaves district
Employee attendance records 6 years after the year employment ceases
Payroll benefits 6 years after the year employment ceases
Payroll data base 6 years after the year employment ceases
Payroll deductions 6 years after the year employment ceases
Purchasing Records
Responsibility: Each Principal, Director, Senior Staff member
Quotations and relative correspondence 6 years after the year of creation
Purchasing contracts 6 years after the year of creation
Requisitions and purchase orders 6 years after the year of creation
Student Records
Responsibility: Director of Information Technology
Student Information System Data Permanent
Responsibility: School Principals
Permanent Record Cards Permanent
Attendance Reports and Registers Permanent
Responsibility: Director of Instruction
Cross-Boundary Attendance Requests 1 year after decision is made about the request
Responsibility: Director of Instruction - Secondary
Provincial Scholarships and District Awards Permanent
Responsibility: Secondary School Principals
Senior Secondary School Statement Permanent
Responsibility: Teachers
Teachers' student files 1 year after teacher no longer has student (selected records transferred to Primary Student File)
Responsibility: District Principal, Student Support Services
Other student records Useful life of record
Responsibility: District Principal, Aboriginal Education
Other student records Useful life of record
Transportation Data
Responsibility: Secretary-Treasurer
Student Bus Registration Forms 1 year after the year of creation
Transportation Assistance Forms 1 year after the year of creation
School Bus Behaviour Report 1 year after the year of creation
School bus videotapes 1 year after the year of creation
Vehicle maintenance forms Life of bus
Pre-trip forms 3 months
Driver time logs 6 months
REFERENCES
6710-00 - - Heritage