Item - 2019.EX7.22

The Executive Committee recommends that:

1.  City Council amend Municipal Code Chapter 3, Accountability Officers, to establish the Records Retention Schedule detailed in Attachment 1 to the report (June 12, 2019) from the Integrity Commissioner.

2.  City Council amend Municipal Code Chapter 3, Accountability Officers by:

a.  removing "Subject to Subsection C" from Section 3-7.6B so that it reads "An accountability officer may recommend directly to Council the establishment of a retention schedule for an accountability record"; and

b.  deleting Section 3-7.6C.

The purpose of this report is to seek Council's approval of a retention schedule for certain accountability records of the Office of the Integrity Commissioner in accordance with section 3-7.6B of Municipal Code Chapter 3, Accountability Officers.  

The City of Toronto Act, 2006 does not allow for the destruction of records of the City, including records of the Office of the Integrity Commissioner, unless they are destroyed in accordance with a retention schedule.

This is a supplemental report to the Integrity Commissioner's report ("Approval of Recommended Retention Schedule for Accountability Records in the Office of the Integrity Commissioner"), also before City Council at its meeting on July 16, 2019. This report recommends changes to Section 3-7.6 in Chapter 3, Toronto Municipal Code, Accountability Officers to remove the requirement that the City's external auditor approve the retention period for the records in the Accountability Offices.

In May 2017, changes to the City of Toronto Act, 2006 came into effect which removed the requirement for approval of retention periods by the City's external auditor. Subsequently, City Council approved amendments to Chapter 217, Toronto Municipal Code, Records Corporate (City) in October 2017 to reflect these legislative changes.

As Accountability Officers manage their records independently from the City, a similar amendment is required to Chapter 3.