What you need to know

February, 2003

The Archives and Recordkeeping Act (S.M. 2001, c. 35), proclaimed in February 2003, replaces Part II of the Legislative Library Act, "Public Records and Archives", which had been in force since 1967. The new Act applies to records of all departments and agencies of the Government of Manitoba. It also provides for agreements respecting the management and preservation of records of the Courts and the Legislative Assembly and its offices.

Highlights of The Archives and Recordkeeping Act (ARA)

The ARA establishes a modern framework for managing the records of government and for the Archives' operation. The new Act...

• Uses updated language to reflect changes in recordkeeping over the past three decades, and to encompass records in all formats.
  
  
• Confirms the Archives' lead role in establishing policies, guidelines and services needed to promote good recordkeeping in government.
  
  
• Sets out the duty of government bodies to schedule records, and to retain and dispose of records in accordance with approved schedules.
  
  
• Confirms the Archivist's role in identifying records of lasting significance to government and society, and in working with government agencies to develop strategies for long-term preservation and use of the records.
  
  
• Changes the name to "Archives of Manitoba." The Provincial Archivist is now the "Archivist of Manitoba."

What Government Employees Need to Know About the ARA

All government employees:

Government employees are responsible for creating accurate records of the actions they carry out on behalf of government, and for filing or capturing records created or received in the course of business, in a formal recordkeeping system.

Employees should be aware that the new Act specifically prohibits the destruction of government records except as provided by an approved records schedule. The Act makes it an offence to destroy a record with intent to deprive the government of the custody, control or use of the record, and establishes a penalty.

Managers:

The new Act sets out the duty of government bodies to schedule records, and to retain and dispose of them in accordance with approved schedules.

Managers should ensure that the recordkeeping requirements of their business area are defined and understood by employees, that responsibility for managing records is assigned, and that the necessary systems are in place to support recordkeeping. They should also ensure that records in their custody or control are covered by current records schedules, and that schedules are regularly implemented.

Records officers and other employees with records management responsibilities:

Under the new Act, many aspects of the government records program will remain the same. However, there are some changes that staff with records management responsibilities should be aware of:

• The records scheduling process remains essentially the same, except that schedules are now approved by the Archivist of Manitoba.
  
  
• Government Records procedures and forms have been revised to reflect the new ARA environment. All are available on our web site, or by e-mail from the Government Records Office.
  
  
• Effective immediately, only new forms should be used. Forms may be downloaded from our website in MS Word.
  
  
• The new General Records Schedule 0001, which applies to all departments and agencies, authorizes deletion of "duplicate and transitory" electronic documents. Records Officers will receive a copy of the approved schedule.

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