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Identifying and Disposing of Non-Government Records
It is the responsibility of record creators and users to determine if a record is a government record or a non-government record. Sometimes this decision is straightforward, but often it is a judgment call that requires careful consideration. The following information is intended to assist users in distinguishing between government and non-government records and to provide guidance on the disposal of non-government records.
Government Records
Government Records are all recorded information that relate to the transaction of
government business, regardless of physical form, including documents, maps,
electronic records, e-mail, drawings, photographs, letters, vouchers, papers, etc.,
which are received, created, deposited or held by a department, agency, board,
commission, crown corporation or other institution of the Government of
Saskatchewan.
Government records are those that are required by a public body to control, support
or document the delivery of programs, to carry out operations, to make decisions or
to account for activities of government. All government records are considered to
be either "official" or "additional" and should be managed in accordance with The
Archives Act, 2004. As such, official and additional records should be filed,
retained and disposed of according to ARMS 2006 or ORS and approved
institutional policy. For further information see Section 6 of the Saskatchewan
Records Management Guidelines: Disposing of Records.
Non-Government Records
Not all material requires filing, retention and authorization from the Provincial
Archivist before its destruction. According to The Archives Act, 2004 and The
Freedom of Information and Protection of Privacy Act (FOIPP), the following are
considered to be non-government records and can therefore be destroyed when no
longer needed:
A. Transitory records
B. Publications
C. Non-work-related records
The disposal of non-government records does not need to be documented. These
records are not subject to the retention requirements stated in the Administrative
Records Management System 2006 (ARMS 2006) or an Operational Records System
(ORS).
Controlling the growth of non-government records through regular destruction or
deletion should be a part of routine records management practices in government
offices. Transitory records have no long-term value and are typically produced for
convenience or short-term reference. Publications are widely distributed and
available from various sources. With some exceptions, transitory records and
publications can be destroyed once they are no longer referenced. Non-work-
related records are employees' own records. Disposal of employees' non-work-
related records remains at the discretion of the employees. It is recommended that
non-work-related records be kept separate from government records and that those
in electronic format be frequently removed/deleted from the system.
A. Transitory Records
Transitory records are records of temporary usefulness that are needed only
for a limited period of time, to complete a routine task, or to prepare an
ongoing document. They are not required to meet statutory obligations or to
sustain administrative or operational functions. Once they have served their
purpose, they should be destroyed.
Examples of transitory records:
Convenience copies (duplicate copies) -- extra copies produced for
convenience of reference that are exact copies of documents filed in a
record keeping system and that are not annotated or changed in any
manner. Examples: extra copies of information for distribution purposes,
notices or memos regarding holidays or special events circulated to all
staff or posted in shared folders, etc.
Note: if a copy has been altered with handwritten comments, notes, etc.,
it is considered a new record and must be filed. Day files or
chronological files are not convenience copies, they are considered
records and are scheduled in ARMS 2006.
Drafts and working materials -- only those drafts that do not document
significant steps in the development of a final version of a document and
are not needed to track the evolution of policy, decision, legislation,
contracts, etc., are considered transitory records. They can be destroyed
once the final record has been produced and has been incorporated
within a record or information management system. For example, drafts
with proofreading and formatting notes, drafts of correspondence with
mistakes, etc. are considered transitory records.
Advertising material -- solicited and unsolicited material received from
businesses or individuals advertising their products. Examples: paper or
electronic brochures, company profiles, sales letters, catalogues, junk
mail, etc.
Note: If advertising material is relevant to your work, you may choose to
file it for future reference.
Blank forms, obsolete stationery, etc. that have no further use.
Note: marginal notes and comments or "post-it" notes attached to
government records are part of the record; they are not separate transitory
records. If the record is subject to a FOIPP request, such attached notes are
reviewed for release together with the rest of the record.
Transitory Records are subject to FOIPP and legal proceedings.
It is
recommended that transitory records be destroyed once they have served
their purpose. At the time that a FOIPP request is received, all undestroyed
transitory records related to the request are subject to the Act. In these
situations, existing transitory records cannot be destroyed until the
applicant's request has been processed and any appeal period has been
completed. It is an offence to willfully destroy records that have been
requested under FOIPP. Similarly, transitory records related to any legal
action must not be destroyed while such legal action is underway. FOIPP
coordinators, legal counsels and records managers are responsible for
notifying staff regarding FOIPP requests or any legal action.
B. Publications
Publications are typically available from other sources such as libraries.
Books, magazines, periodicals, pamphlets, brochures, journals and
newspapers, whether printed or electronic, are not considered government
records and can be destroyed or deleted. This includes publications received
from external sources as well as extra copies of internal publications. The
exception is Publication Development Files, as identified in ARMS 2006,
Primary 1455. Original records relating to the development of internal and
external publications are considered government records and should be
filed, along with at least ONE copy of the publication, in Primary 1455 of
ARMS 2006 (or an appropriate Operational Records System). Extra copies
of annual reports and other major internal publications do not need to be
classified. However, before disposing of old copies, contact the Legislative
Library to ensure that copies of these publications have been retained.
C. Non-Work-Related Records
Non-Work-Related records are records of government employees concerning
their private life. These records do not pertain to any aspect of government
business. Typical examples of personal records are employees' personal e-
mails and letters, records of other organizations with which an employee is
involved, but not as part of the government business, i.e. associations,
community organizations, etc.
Exceptions
The above categories of non-government records are not absolute; there are always
exceptions to the general guidelines. Records could appear to meet the criteria of
being transitory, but because of how they are used in the course of government
business, they should be retained. Temporary information such as telephone
messages, routing slips, open envelopes, etc., are usually considered transitory
records and as such may be discarded. There are exceptions, however, such as: an
envelope with a stamp showing the date received; a telephone slip providing
evidence of an individual calling on a certain date and time; a note giving
instructions on how to conduct a task; a telephone message giving authorization to
carry out a certain activity, etc.
An e-mail message inviting an employee for lunch could typically be considered to
be a personal record and as such can be deleted. However, if an employee is
meeting with someone to discuss government business, and the message includes
details regarding matters to be discussed, the e-mail should be considered a
government record and filed accordingly.
Quick Reference: What to file? What to delete?
Asking the following questions may assist in making the decision on whether or not
a record is a government or non-government record.
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Question
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If the Answer is...
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Does the record document or provide
evidence of a business activity, decision or
transaction related to the functions and
activities of your organization?
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No - it is not a government record and it can
be disposed of or deleted
Yes- it should be classified and retained
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Question
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If the Answer is...
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Does it contain information of a short-term value?
Is it a non-annotated duplicate circulated for
reference purposes while the actual
document has been filed?
Is it a draft version that will have no value
once a final version is produced?
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Yes - it is a transitory record and it can be
disposed of or deleted
No - it is a government record and it should
be classified and retained
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Examples of government records and non-government records:
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Government Records
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Drafts of contracts, agreements and background
material
Policies and procedures
Work schedules and assignments
Drafts circulated for comments or approvals
Final reports or recommendations
Records showing that services have been
provided or obligations have been met
Financial transactions
Annotated copies of a document that record
significant input to the development of the final
version
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Non-government Records
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Electronic publications received, not created, by
a government institution (they may or may not
have ISBN identification)
E-mails or memorandums widely distributed
concerning routine administrative matters not
pertaining directly to your program area
Rough drafts, or any copy of a record, that do not
reflect significant steps in the preparation of a
final document (and does not record decisions)
Duplicate copies of documents distributed solely
for convenience of reference (i.e. meeting
agendas, reports, etc.)
Mail received through a listserv
Junk mail, unsolicited advertisements, etc.
Personal messages from/to your friends, family members, etc.
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For more information on disposal of non-government records please contact the
Government Records Branch of the Saskatchewan Archives at 787-0734 or
recordhelp@archives.gov.sk.ca
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