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From:
Dominic Boisvert <[log in to unmask]>
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Date:
Tue, 30 Nov 2010 10:51:24 -0500
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Le mardi 30 novembre 2010 à 10:34 -0500, Jones, Virginia a écrit :

[...]

> I am having a difficult time thinking of a legitimate example of the need to use an "old" retention schedule and a "new" retention schedule simultaneously.  Maybe someone on the list can think of something pertinent and share with us.
> 
> Ginny Jones 
> (Virginia A. Jones, CRM, FAI) 
> Records Manager 
> Information Technology Division 
> Newport News Dept. of Public Utilities 

I have one example.

When the Civil Code of Quebec changed in 1991 we had to change the rule
for insurance in the retention schedule. We had to keep insurance
contract for 30 years before the new Code of 1991 (in fact 1994, but
that's another question/problem). Now we only need to keep them 3 years.

But we still need to keep insurance contracts prior to 1994 for 30
years.

Most retention schedule I've worked with only mention that the 3 year
rule applies for records created or received after January 1st 1994. And
say nothing more. So, for these records, we still need to use the older
retention schedule (to one with the 30 year rule).

I think that we could simply rewrite that rule in the retention schedule
so that both the 3 year and the 30 year rule could be applied with the
same retention schedule.

This case scenario also proves that, in this case, we cannot
retroactively apply a newer retention schedule to an existing record
series for witch legal value has been changed be legislation, but for
witch the Legislator didn't want to apply the new legislation to
existing records.

Finally, just a few words to say that all of this made sens in French so
I truly hope that it still does in English.

-- 
Dominic Boisvert
Archiviste

HB archivistes, s.e.n.c.
www.hbarchivistes.qc.ca

Membre de l'Association des Archivistes du Québec (AAQ)
Membre de ARMA International

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