Because you (the government) were the employer of record for the time
the records cover, you should keep them.  The other entity will not be
held to be responsible for what happened under another employer's name.
Unless there is some type of transfer of culpability rule in the
Canadian laws, they were yours and they remain yours.  

Margie
Margaret M. deMarteleire
HR/FLSA Analyst
CDI Corporation
1717 Arch Street, 35th Floor
Philadelphia, PA 19103
(215) 636-1219
 
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Patti Kraatz
Sent: Thursday, December 11, 2008 10:03 AM
To: [log in to unmask]
Subject: EMPLOYEE RECORDS

I have a dilimna I'm hoping the list can help me with. Our Municipality,
up
to approx 6 years ago, ran a program called Home Care Services.  The
Province moved them out from our Regional Gov't and they now operate on
their own as Community Care Access. We kept the employee records for 2
reasons. 1) they didn't want them and 2) we felt that up to that point
they
were our employees. They are currently in HR reviewing 14 boxes of
records
to determine pensions among other things. I'm struggling with - should
they
have taken these records with them at the time they moved out?  Could we
transfer ownership of these records to them now? I'm currently checking
Federal/Provincial legislations but as this is a rather unique situation
I'm not finding much of value except "the employer" shall - which at the
time they were here was us.

Patti Kraatz
Coordinator, Information Mgmt & Archives
Regional Municipality of Waterloo
2nd Floor, 150 Frederick St.
Ph: 519-575-4725    Fax: 519-575-4481
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