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The Corporation of the Municipality of Clarington
By-law 2020-045
Being a By-law to delegate the authority for establishing or amending retention periods
to the Municipal Clerk and repeal By-law 2015-057 being a By-law to establish
schedules of retention periods for records of the Municipality of Clarington
Whereas subsection 254(1) of the Municipal Act, 2001 provides that a municipality shall
retain and preserve its records in a secure and accessible manner;
And whereas subsection 255(3) of the Municipal Act, 2001 provides that a municipality
may establish retention periods during which its records must be retained and
preserved;
And whereas subsection 255(2) of the Municipal Act, 2001 provides that a municipality's
records may be destroyed if a retention period for the records has been established and
the retention has expired or the record is a copy of the original record;
And whereas section 23.1 of the Municipal Act, 2001 authorizes a municipality to
delegate its powers and duties to a person;
And whereas the Council of the Municipality of Clarington deems it desirable to delegate
the authority to establish, amend, and maintain the municipality’s retention schedule;
And whereas the Council of the Corporation of the Municipality of Clarington deems it
desirable to adopt a new records retention By-law;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. The short title of this By-law is the “Records Retention By-law”.
2. That retention periods for all municipal records shall be as set out in the Records
Retention Schedule.
3. That authority for establishing and amending the Records Retention Schedule for
the Corporation of the Municipality of Clarington shall be delegated to the
Municipal Clerk.
Upon the Clerk being satisfied that the relevant retention period established has
expired, and that no reason exists for further retention, the Clerk may order the
records to be destroyed, or to be set aside for permanent retention in an archival
facility designated by the Clerk.
5. That By-law 2015-057, being a By-law to establish schedules of retention periods
for records of the Municipality of Clarington, be repealed.
6. That this By-law shall come into force and effect immediately upon the final
passing thereof.
Passed in Open Council this 7th day of July, 2020.
Adrian Foster, Mayor
C
C. Anne Greentree, Municipal Clerk