By-law - Approval of Amendments to ONE JIB Board and Records Retention By-law - 20240326 - 6591-24The Corporation of the Town of Aurora
By-law Number 6591-24
Being a By-law of The Corporation of the Town of Aurora (llMunicipality")
to authorize, as a Participating Municipality, the approval of amendments
to the ONE Joint Investment Board Agreement and the Records Retention
By-Law of ONE Joint Investment Board ('IONE JIB") in addition to the
delegation to the Secretary of ONE JIB of the powers and duties in respect
of ONE JIB's records as set out in the by-law.
Whereas the Municipality entered into the ONE Joint Investment Board Agreement with
ONE JIB ("ONE JIB Agreement") pursuant to which ONE JIB agreed to invest the
Municipality's money and investments that are not required immediately under section
41 8.1 of the Municipal Act, 2001 ("Act");
And whereas ONE JIB is currently authorized to have ten members serve on its Board,
two of which are municipal treasurers, but would like to increase that number to twelve
so that it can strengthen the municipal finance knowledge of the Board by adding
another municipal treasurer, while continuing to comply with the applicable legislation
that limits the number of municipal treasurers who can serve on the Board to not more
than 25o/o of its members;
And whereas the ONE JIB Agreement provides that Participating Municipalities
representing at least 75o/o of the Participating Municipalities who are parties to the ONE
JIB Agreement and who represent not less than 50o/o of the money and investments that
are under the control and management of ONE JIB must approve ("Mandated
Approval") the five matters described in subparagraphs (1) through (5) of paragraph (a)
of section 12.02 of the ONE JIB Agreement being: (1 ) removal of any member of ONE
JIB; (2) any increase in the size of ONE JIB, (3) any change relating to further
authorizations (sub-delegations); (4) any change relating to section 7.03 of the ONE JIB
Agreement that relates to municipal treasurers; and (5) any change to the amendment
provisions of the ONE JIB Agreement;
And whereas it has been determined that the operations of ONE JIB and of its agent
ONE Investment would be made more efficient if the Mandated Approval by the
Participating Municipalities is no longer required in respect of the five matters
described in the preceding recital and that instead the requirement for the Mandated
Approval of the Participating Municipalities is restricted to amendments to the ONE JIB
Agreement for which the Mandated Approval of the Participating Municipalities is
required by applicable law;
And whereas ONE JIB as a local board of the Municipality has decided to pass a
Records Retention By-law substantially in the form attached to this by-law as Schedule
'IA" ("Records Retention By-law");
And whereas the Municipality, as an Ilaffected municipality" under the Act, is authorized
to establish retention periods during which the records of ONE JIB must be retained and
preserved in accordance with the Act and may establish such retention periods by
approving the Records Retention By-law;
And whereas the Municipality is authorized under section 23.1 of the Act to delegate its
powers and duties, and ONE JIB has determined that delegating the powers and duties
By-law Number 6591-24 Page 2 of 2
in respect of its records described in the Records Retention By-law to the ONE JIB
Secretary is appropriate, the Municipality, as an affected municipality under the Act, may
also authorize such delegation to the ONE JIB Secretary in accordance with the
provisions of the Records Retention By-law;
Now therefore the Council of The Corporation of the Town of Aurora, as a participating
Municipality, hereby enacts as follows:
1.The Municipality hereby approves the increased number of members to serve on
the Board of ONE JIB to twelve.
2.The Municipality hereby approves the amendment of the ONE JIB Agreement to
delete the required Mandated Approval by the Participating Municipalities in
respect of the matters described in subparagraphs (1 ) through (5) of paragraph
(a) of section 12.02 and related changes to the ONE JIB Agreement on the basis
that the Mandated Approval by the Participating Municipalities will only be
required for amendments to the ONE JIB Agreement in respect of which such
approval is required by applicable law.
3.The Municipality hereby approves the Records Retention By-law thereby
establishing retention periods during which the records of ONE JIB must be
retained and preserved in accordance with the Act.
4.The Municipality hereby delegates to the Secretary of ONE JIB the necessary
powers and duties in respect of the records of ONE JIB in accordance with the
Records Retention By law. The delegation of such powers and duties to the
Secretary of ONE JIB will not be revoked prior to the end of the term of the
current council of the Municipality but may be revoked at any time thereafter.
However, the delegation remains in effect unless and until such revocation
occurs.
Enacted by Town of Aurora Council this 26th day of March, 2024.
" ? Mrakas, Mayor
own Clerk
By-law Number 6591 -24
Schedule I'A"
ONE JOINT INVESTMENT BOARD
BY-LAW N0. 2024-1
A by-law to establish retention periods for records of ONE Joint Investment Board
WHEREAS ONE Joint Investment Board (the "Board") is a local board within the
meaning of the MunicipalAct, 2001 (the "Act") for more than one municipality;
AND WHEREAS Section 254(1) of the Act provides that if a local board is a local
board of more than one municipality, the affected municipalities are jointly
responsible for retaining and preserving the records of the local board in a secure
and accessible manner;
AND WHEREAS Section 254(2) of the Act provides that despite Section 254(1), a
local board that has ownership and control of its records shall retain and preserve
them in a secure and accessible manner;
AND WHEREAS Section 255(2) of the Act provides that a local board's records may
be destroyed if a retention period for the record has been established and the
retention period has expired;
AND WHEREAS Section 255(4) of the Act provides that if a local board is a local
board of more than one municipality, a majority of the affected municipalities may
establish retention periods during which the records of the local board must be
retained and preserved in accordance with Section 254;
AND WHEREAS ONE Investment, pursuant to section 2.3 (a) of a Services
Agreement with the Board dated May 19, 2020 is responsible for the maintenance
of proper and complete records in connection with the ONE Prudent Investment
Program that is governed by the Board;
AND WHEREAS Section 23.1 of the Act provides that a municipality may delegate
its powers to a person, subject to certain restrictions;
NOWTHEREFOREthe ONEJoint InvestmentBoard herebyenacts as follows:
1. In this by-law:
Ildisposition" means the secure destruction of records;
1
By-law Number 6591-24 Schedule A (Page 2 of 6)
l'record" means any record of information, including a transitory record,
however recorded, whether in printed form, on film, by electronic means or
otherwise, and includes:
(a) correspondence, a memorandum, a book, a plan, a map, a drawing, a
diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a
sound recording, a videotape, a machine-readable record, metadata, any
other documentary material regardless of physical form or characteristics,
and any copy thereof; and
(b)subject to any regulations under the Municipal Freedom of Informafion
and Protection of PrivacyAct, any record that is capable of being produced
from a machine-readable record under the control of the Board by means
of computer hardware and software or any other storage equipment
ordinarily used by the Board;
l'retention schedule" means the schedule prescribing retention periods for
records set out in Schedule l'A" to this by-law;
l'Secretary" means the Board Secretary appointed by the Board, or designee;
l'transitory record" means a record only having temporary value and that is
not required for legal, financial, operational or official reasons, including:
(a)miscellaneous notices or memoranda, including emails on minor
administrative matters;
(b)drafl:s of letters, memoranda or reports which do not record official
positions or decisions;
(c) duplicate copies of documents produced only for distribution or
convenience, including multiple copies of reports, memoranda, agendas
and minutes;
(d) records of a personal nature not related to the Board's business;
(e) reference publications, including administrative manuals, directories,
catalogues, newsletters, pamphlets and periodicals; and
(f) unsolicited advertising, including brochures and flyers.
2
By-law Number 6591-24 - Schedule A (Page 3 of 6)
2. All staff who create records pertaining to the Board are responsible for the
filing, retention, preservation and disposition of these records in accordance
with this by-law.
3. Transitoryrecordsmaybedestroyedatanytime.Wherearecordisdestroyed
upon expiry of the retention period described in Schedule "A" any
corresponding transitory record shall also be destroyed.
4. Any record in a Class of Records set out in Schedule llA" shall be retained for
the period set out opposite such Class and may thereafter be subject to
disposition.
5. Any Board record relating to pending or actual litigation, investigation or a
request under any access and privacy legislation shall not be destroyed until
such record is no longer required for such purpose.
6. The Secretary, in consultation with the appropriate officials of ONE
Investment, is responsible for establishing procedures for the retention and
disposition of the Board's records, including but not limited to the
establishment of archival appraisal and selection criteria, considering the
legal, financial, operational and historical value of the records.
7. The Secretary is hereby delegated the authority to establish, in consultation
with the appropriate officials of ONE Investment, Classes of Records and to
amend any ClasseS of Records and retention periods set out in Schedule "A"
8. The Secretary is hereby authorized to amend Schedule "A" from time to time
to reflect a decision made by the Secretary under section 7 of this by-law.
9. Schedule IIA" is attached to and forms part of this by-law.
lO.This by-law shall be known as the "Records Retention By-law".
ENACTED AND PASSED on February 28, 2024.
Board Chair B6ard Secretary
By-law Number 6591-24 - Schedule A (Page 4 of 6)
BY-LAW N0. 2024-1
Schedule 114" - ONE JIB Records Retention and Classification
ONE Investment, pursuant to section 2.3 (a) of a Services Agreement with ONE Joint Investment Board (ONE JIB), dated May 19,
2020, is responsible for the maintenance of proper and complete records in connection with the ONE Prudent Investment Program
that is governed by the Board.
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Auditor/Audit FO3 Agreements/Leases/Contracts
FO8 Financial Statements
E13 0fficers
Termination plus 7 years '
15 years
7 years
Benchmarks for Prudent
Investment Funds
FIO Investments 7 years
Chief Investment Officer E13 0fficers 7 years
Compliance Officer E13 0fficers 7 years
Compliance F20 Compliance 7 years
External Fund Managers FO3 Agreements/Leases/Contracts Termination plus 7 years
Financial Statements FO8 Financial Statements 15 years
Funds Operation FO4 Banking
FO8 Financial Statements
FIO Investments
7 years
15 years
7 years
Investment Allocation and
Strategy
FIO Investments 7 years
Management Fees FIO Investments 7 years
Meetings/Conferences F19 Meetings/Conferences 2 years
Outcomes Framework FIO Investments 7 years
Outsourced Chief
Investment Officer
FO3 Agreements/Leases/Contracts
FIO Investments
Termination plus 7 years
7 years
Participating Municipalities FO3 Agreements/Leases/Contracts
MOO Participating Municipalities
subfolder for each of the ONE JIB
investors
Termination plus 7 years
7 years
Securities F21 Securities 7 years
Templates AO7 Policies and Procedures Current version plus 2 years
By law Number 6591 24 Schedule A (Page 5 of 6)
CATEGORY:
Administration, Governance
and Membership
Classification Retention
Administrative 400 Administrative General 2 years
Annual Report EOI Annual Report Permanent
Board Chair E12 Board Members 10 years
Board Governance Self
Evaluation
E12 Board Members 7 years
, Board Governance Training , E12 Board Members 7 years
' Board Members E12 Board Members 10 years
Board Secretary E13 0fficers
415 Access and Privacy
(for any FOI)
7 years
7 years
Board Vice-Chair E12 Board Members 10 years
Closed Meeting
Investigator
E13 0fficers 7 years
, Code of Conduct 407 Policies and Procedures Current version plus 2 years
' Committees EO4 Committee Agendas/Minutes Permanent
Futures List EO3 Board and Executive Agenda
Package
7 years
Integrity Commissioner E13 0fficers 7 years
Legal Opinions 416 Legal Counsel/Opinions Permanent
Meeting Schedules EO3 Board/Executive Agenda
Package
7 years
ONE Investment 'FO3 Agreements/Leases/Contracts Termination Plus 7 years
ONE JIB Agendas EO3 Board/Executive Agenda
Package
Permanent
ONEJIBBy-
laws/Constitution
EO7 Constitution/Bylaw Permanent
ONE JIB Minutes EO2 Board and Executive Minutes Permanent
Policies 407 Policies and Procedures Current version plus 2 years
Prospective Municipalities Mal Prospective Municipalities 2 years
Skills Matrix E12 Board Members 7 years
Strategic Planning/
Strategic Plan
EO8 0rganization/Strategic Plan 7 years
By-law Number 6591-24 - Schedule A (Page 6 of 6)
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Training, Development and
Certification
HO6 Trainirig and Development 5 years