Destruction of Source Records following Digitization (2018/013)

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Preamble

Pursuant to s. 12 of the Library and Archives of Canada Act (the Act), the Librarian and Archivist of Canada, consents to the disposition of source records, including their destruction, following digitization by government institutions, in accordance with the following terms and conditions.

A. Scope of this disposition authorization

A.1 This disposition authorization (DA) covers all records under the control of any government institution subject to the Act.

In the interpretation of this authorization,

  • “control” means the decision-making authority over the records;
  • “source record” means a record from which a digitized version has been created;
  • “intrinsic value” means the usefulness or significance of a record derived from its physical or material qualities, inherent in its original form and generally independent of its content, that are integral to its nature and would be lost in reproduction. Intrinsic value is often associated to the rarity or age of the support as well as its artistic or esthetic quality.  

A.2 The scope of this authorization excludes:

  • Any source record identified by a records disposition authority or a validated disposition authorization as having archival value specifically in its original format;
  • Source records created prior to 1946;
  • Source records with intrinsic value, which may include (but are not limited to):
    • original proclamations, charters, and intergovernmental agreements or treaties;
    • records with corporate seals affixed;
    • cartographic, architectural or technical drawings;
    • photographic material, including, but not limited to, slides and negatives; 
    • original artworks.
  • Source records required to be retained in their original format by law, regulation or government policy.

B. Institutional obligations for use of the disposition authorization

B.1 As a condition of use of this disposition authorization, government institutions must comply with all requirements outlined in section 6.4.2.2 of Canadian General Standards Board’s CGSB-72.34-2017 Electronic records as documentary evidence.

B.2 Institutions shall also comply with all applicable Library and Archives Canada (LAC) policy and related instruments (e.g., the Operational Standard for the Use of Disposition Authorizations), as amended from time to time, available on the LAC Disposition and Recordkeeping Portal (password protected Footnote1 ) or its replacement.  In particular, institutions shall inform LAC of any change to the format or recordkeeping method of archival records identified by an existing disposition authorization, as the change may affect the validation of those records.

C. Impact on existing disposition authorizations

C.1 Disposition Authorizations MIDA 96/023 - Electronic Imaging Systems and MIDA 2015/011- Disposition Authorization for the Destruction of Source Records following Digitization are hereby revoked and of no effect.

C.2. This DA has no impact on any other disposition authorizations issued to GC institutions.  As a result, institutions shall continue to use the terms of the appropriate DA to identify archival records for transfer to LAC.

D. Non-compliance consequences

D.1 Consequences of non-compliance to this disposition authorization may include informal follow-ups and requests from LAC, or formal direction on corrective measures to be put in place.

Consequences of non-compliance with this disposition authorization can include any measure allowed by the Library and Archives of Canada Act that the Librarian and Archivist of Canada would determine as appropriate and acceptable in the circumstances, including the review, suspension or revocation of the application of this disposition authorization within a government institution.

D.2 If, in the opinion of the Librarian and Archivist, archival records are at risk of serious damage or destruction, he/she may require their transfer in the manner and at the time he/she specifies.

E. Disposition authorization

E.1  Government institutions may destroy source records that have been digitized according to the requirements outlined in Section B above, with the exception of those outlined in Section A.2, without further reference to Library and Archives Canada.

E.2. Nothing in this DA shall be taken or deemed to authorize the retention, the transfer, destruction or other disposition of any government record in contravention of a rule or order of a court or tribunal, or in contravention of an express provision in any other Act (e.g., Canadian International Trade Tribunal Act, Federal Court Rules, Access to Information Act, Privacy Act).

E.3 A government institution’s disposition of records, as authorized under the Preamble and Section E.1, constitutes its undertaking to comply with all terms and conditions of this authorization.

E.4 This disposition authorization comes into effect on the date it is signed by the Chief Operating Officer of Library and Archives Canada.

Signed on 2018-05-01

Normand Charbonneau
Chief Operating Officer, Library and Archives Canada