3.1 Alienation - RIM Manual

Authority

Under the Managing Government Information Policy (MGIP), section 4.3, “Ministries must follow CRO processes for alienation of information (i.e. when transferring government information to a non-government agency).”

Alienation

Alienation is the permanent transfer of records, and all rights to and ownership of the records, from a ministry or other government body covered by the Information Management Act (IMA) to an organization not covered by the Act.

Such a transfer may be necessary when:

• Responsibility for a government function/program, and the records that document it, has transferred to a broader public sector (BPS) body not covered by the IMA, or other non-IMA agency
• Alternative disposition is approved, i.e. legislation or an approved information schedule authorizes the transfer of ownership to a non-IMA body (instead of destroying the records or transferring them to the government archives)

After transfer of legal custody, the receiving body becomes responsible for records services, including those previously supported by Government Records Service (GRS).

Before a ministry or other IMA body alienates records, it needs to confirm authority for alienation and ensure that the conditions outlined below have been met.

Confirm Authority

Identify the information schedule or legislation that authorizes the alienation. Legal custody can only be transferred in accordance with an approved information schedule or via legislation that explicitly removes the records of an agency from coverage by the IMA.

Meet Conditions

1. Confirm that alienation of government information (including data and records) is being undertaken in accordance with ministry/agency policies, standards and procedures.
2. Ensure transfer of legal custody takes place in a secure and confidential manner. 
3. Provide appropriate documentation of the information being transferred. This will help the receiving agency to protect the integrity and authenticity of records they are receiving. This documentation includes metadata and other sources that provide:
   • Identification of records, including titles and unique identifiers
   • Administrative documentation, including relevant information schedules, associated policies and procedures, accession files and custodial history, and digital preservation data
   • Access and rights information, including  security classifications, access restrictions, Freedom of Information (FOI) investigations, litigation underway or anticipated, intellectual property rights such as patents or copyright, and related information
4. Retain documentation of:
   • All information that was transferred
   • The receiving organizations
   • The date of transfer
   • The transfer authorization (i.e. reference for the relevant legislation or information schedule as well as names of signing authorities)
   • Confirmation from receiving organization that transfer was completed
   • When copies are transferred for alienation, details of the destruction of any redundant source information
5. Maintain the resulting case file under ARCS 432-25 Records management: Custody management case files.
6. Confirm the completion of transfer with GRS so that custodianship and records control information may be updated in any relevant GRS systems.