Second

Session, 50th General Assembly

Charles III, 2023

BILL 22

AN ACT TO AMEND THE

MANAGEMENT OF INFORMATION ACT AND THE HOUSE OF ASSEMBLY ACCOUNTABILITY,

INTEGRITY AND ADMINISTRATION ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SARAH

STOODLEY

Minister

Responsible for the Office of the Chief Information Officer

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Management

of Information Act to

add

definitions of

"disposition authority", "permanent head of a public body"

and "provincial archivist";

amend the definition of

"record";

add a definition of

"records and information management system" to replace the term

"record management";

provide that the Act does not

apply to personal or constituency records of a

minister;

clarify the role of the chief

information officer;

provide that records relating

to matters of provincial or national security are managed by Cabinet Secretariat;

provide that records and

information management systems developed, implemented and maintained under the

Act must require that records of decisions are created in accordance with a

directive of the chief information officer;

require public bodies to report

annually to the chief information officer with respect to the creation of

records of decisions;

require that the chief

information officer prepare a report regarding the reports received from public

bodies and submit the report to the minister; and

revise the penalties under the

Act.

This Bill would amend the House

of Assembly Accountability, Integrity and Administration Act to

provide that the Management of Information Act applies to

the Management Commission, House of Assembly service and statutory offices; and

require that the Speaker

include in the annual report of the Management Commission information regarding

the compliance of the Management Commission, House of Assembly service and

statutory offices with the requirement to create records of decisions.

A BILL

AN ACT TO AMEND THE MANAGEMENT OF

INFORMATION ACT AND THE HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND

ADMINISTRATION ACT

Analysis

PART

MANAGEMENT OF INFORMATION ACT

S.2 Amdt.

Definitions

S.3 R&S

Application

S.4.1 Amdt.

Electronic information

S.5 R&S

Management

of government records

S.5.1 Amdt.

Government

Records Committee

S.5.3 R&S

Dispute

S.5.4 Amdt.

Exceptions

S.6 R&S

Records

and information management system

S.6.1 Added

Monitoring

and reporting

S.8 Amdt.

Offence

PART

HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT

S.21.1 Amdt.

Duty to

document

S.48 Amdt.

Application of Acts

S.51 Amdt.

Annual report of speaker

PART

III

COMMENCEMENT

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

PART I

MANAGEMENT OF INFORMATION ACT

SNL2005 cM-1.01

as amended

(1) Paragraph 2(

b) of the Management of Information Act is repealed.

(2) Section 2 of the Act is amended by adding

immediately before paragraph (b.1) the following:

(b.01) "disposition authority" means the written

authorization for a public body to carry out the range of processes associated with

the final stage in the life cycle of a record, including retention,

destruction, transfer or transitory activities;

(3) Section 2 of Act is amended by adding

immediately after paragraph (

c) the following:

(c.1) "permanent head of a public body"

means

(

i) in the case of a department created under the Executive Council Act , the deputy minister

of the department,

(ii) in the case of the Office of the Executive

Council, the Clerk of the Executive Council or a deputy minister designated in

writing by the Clerk of the Executive Council, or

(iii) in the case of other public bodies, the chief

executive officer, executive director or the highest ranking management

official of the public body;

(c.2) "provincial archivist" means the

provincial archivist appointed under

section 11 of the Rooms Act, 2016 ;

(4) Subparagraph 2(d)(

v) of the Act is repealed.

(5) Paragraph 2(

f) of the Act is repealed and the

following substituted:

(f) "record" means information recorded

in any form, and includes electronic or digital information stored in any

manner or location, correspondence, memorandum, form, paper, physical sample,

parchment, manuscript, map, plan, drawing, painting, print, photograph,

magnetic tape, computer disc, microform, electronically produced document and

other documentary material regardless of physical form or characteristic;

(6) Paragraph 2(

g) of the Act is repealed and the

following substituted:

(g) "records and information management

system" means a

management system to direct and control a public body with regard to records

and information including the creation, classification,

retention, storage, maintenance, retrieval, preservation, protection,

disposition and transfer of government records in accordance with the policies,

directives, standards, guidelines, tools and practices developed under

subsection 5(2); and

Section

3 of the Act is repealed and the following substituted:

Application

(1) This Act applies to all public bodies in the province.

(2) Notwithstanding

subsection (1), this Act does not apply to a personal or constituency record of a minister.

3. Subsection

4.1(3) of the Act is repealed and the following substituted:

(3) Nothing in this

section prevents the disposal of electronic records

according to a process or disposition authority approved under this Act.

Section 5 of the Act is repealed and the

following substituted:

Management of

government records

(1) The

minister shall

(

a) be responsible for

the development and implementation of a management program for government

records in the province;

(

b) provide advice to

and assist public bodies with the development, implementation and maintenance

of records and information management systems and provide direction on those

systems as it relates to the preservation of potential archival material; and

(

c) recommend standards,

principles or procedures to the Treasury Board for adoption.

(2) The

chief information officer may develop policies, directives, standards, guidelines,

tools and practices for public bodies to manage records and information

management systems.

(3) The minister may, in

the manner permissible by law, appoint those other persons necessary to carry

out the purposes of this Act .

(4) A person appointed under subsection (3) to be

responsible for information and records management shall consult with the provincial

archivist to ensure the efficient implementation of information

management policies and procedures for the preservation of archival government

records.

(1) Subsections 5.1(1) and (2) of the Act are repealed

and the following substituted:

Government

Records Committee

5.1

(1) There

shall be a committee to be known as the Government Records Committee consisting

(

a) the Chief Executive

Officer of The Rooms Corporation of Newfoundland and Labrador, or a person

designated by the Chief Executive Officer of The Rooms Corporation of

Newfoundland and Labrador;

(

b) the Deputy Minister

of Justice and Public Safety or a person designated by the Deputy Minister of

Justice and Public Safety;

(

c) the Deputy Minister

of Finance or a person designated by the Deputy Minister of Finance;

(

d) the chief

information officer or a person designated by the chief information officer;

and

(

e) those other persons

whom the minister may appoint.

(2) The chief information officer or a person

designated by the chief information officer shall be the chairperson of the

committee.

(2) Paragraph 5.1(5)(

a) of the Act is repealed and

the following substituted:

(

a) review, revise and approve disposition authorities

for the retention, disposal, destruction or transfer of government records;

(3) Paragraph 5.1(5)(

c) of the Act is repealed and

the following substituted:

(

c) establish or approve disposal and destruction

standards and guidelines for the lawful disposal and destruction of government

records; and

Section 5.3 of the Act is repealed and the

following substituted:

Dispute

5.3 Where

a dispute arises between a public body and the committee with respect to the

(

a) adoption or

operation of a disposition authority; or

(

b) destruction or

disposal of government records,

the committee shall submit the matter to

the minister who may issue directions with respect to the dispute.

(1) Section 5.4 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) Records created or received, explicitly or

implicitly in confidence, respecting matters of provincial or national security

shall be managed in the manner determined by Cabinet Secretariat.

(2) Subsection 5.4(2) of the Act is repealed and

the following substituted:

(2) The chief

information officer may determine that records are abandoned records and shall

transfer the custody of those records to the provincial archivist who shall

dispose of the records in accordance with this Act.

Section 6 of the Act is repealed and the

following substituted:

Records and

information management system

(1) A permanent head of a public body shall develop, implement and maintain a

records and information management system for the public body.

(2) A records and information management system

shall

(

a) require that records of decisions are created in

accordance with a directive

developed under subsection 5(2) ; and

(

b) include records retention and disposal

schedules in accordance with the guidelines and disposition

authorities established or approved by the Government Records Committee

established under

section 5.1 .

(3) A person who is required to comply with a

records and information management system shall not disclose a government

record, except in accordance with the records and information management system

or where otherwise permitted or required by law.

(4) A permanent head of a public body shall ensure

that

(

a) records retention and disposal schedules

required under paragraph (2)(

b) are reviewed annually; and

(

b) the retention, disposal and removal of

government records is carried out in accordance with this Act.

(5) In this

section and

section 6.1,

"decision" means a decision regarding

(

a) the

development and implementation of government policy, programs and services;

(

b) the

commitment and use of resources to give effect to a public bodys mandate; and

(

c) other

actions taken by the public body in the fulfilment of its mandate as set out in

a directive developed under subsection 5(2).

9. The Act is amended by adding immediately after

section 6 the following:

Monitoring and

reporting

6.1

(1) A

permanent head of a public body shall, no later than October 1 of each year,

submit a report, in the form set by the chief information officer, to the chief

information officer with respect to the records created under paragraph 6(2)(a).

(2) The chief information officer shall annually prepare and submit to the minister a report

containing information about public body compliance and performance with

respect to the requirement to incorporate the creation of records of decisions

in records and information management systems under paragraph 6(2)(a).

(3) The minister shall table the report referred

to in subsection (2) in the House of Assembly within 30 days of completion of

the report and if the House of Assembly is not sitting, within 30 days of the

commencement of the next sitting.

10. Subsection 8(1) of the Act is repealed and the

following substituted:

Offence

(1) A

person who wilfully

(

a) damages, alters, or destroys a government record

in contravention of a records and information management system;

(

b) removes or withholds a government record from

the possession of a public body in contravention of a records and information

management system;

(

c) discloses a government record in contravention

of paragraph 6(3); or

(

d) otherwise contravenes this Act

is guilty of an offence and is liable on

summary conviction to a fine of not more than $10,000 or to imprisonment for a

term not exceeding 6 months, or to both.

PART II

HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT

SNL2007 cH-10.1

as amended

Section 21.1 of the House of Assembly Accountability, Integrity and Administration Act

is amended by renumbering it as subsection 21.1(1) and adding immediately after

that subsection the following:

(2) The clerk shall annually prepare a report

regarding the compliance of

(

a) the commission with the duty to document

requirements referred to in subsection (1); and

(

b) the House of Assembly service and statutory

offices with the duty to document requirements referred to in subsection

(1) and paragraph 6(2)(

a) of the Management

of Information Act .

Section 48 of the Act is amended by adding

immediately after subsection (2) the following:

(3) The Management

of Information Act shall apply to the commission, House of Assembly service

and statutory offices with the following exceptions:

(

a) where the Management

of Information Act refers to a "permanent head of public body" it

shall be read as a reference to the clerk;

(

b) where the Management

of Information Act refers to a "public body" it shall be read as

a reference to the commission, House of Assembly service and statutory offices

but does not include a caucus office, a constituency office or other office of

a member of the House of Assembly;

(

c) the reference to the "chief information

officer" in subsection 5(2) of the Management

of Information Act shall be read as the commission;

(

d) a reference to the "minister" in

paragraphs 5.1(5)(

b) and (

d) and sections 5.2 and 5.3 of the Management of Information Act shall be

read as a reference to the speaker;

(e) paragraph 6(2)(

a) of the Management of Information Act does not apply to the commission;

(

f) the reference to the "guidelines and

disposition authorities established or approved by the Government Records

Committee established under

section 5.1" in paragraph 6(2)(

b) of the Management of Information Act shall be

read as a reference to the Records Management Policy of the House of Assembly; and

(

g) section 6.1 of the Management of Information Act does not apply.

Section 51 of the Act is amended by deleting

the word "and" at the end of paragraph (g), deleting the period at

the end of paragraph (

h) and substituting a semi-colon and the word

"and" and adding immediately after paragraph (

h) the following:

(

i) the report prepared by the clerk in accordance

with subsection 21.1(2).

PART III

COMMENCEMENT

Commencement

Section 9 comes into force on January 1, 2024.

King's Printer