140 - LEGISLATION - DEVELOPMENT
Records relating to the planning, proposal, development, review and evaluation of ministerial legislation by ministries. The procedures of proposing and drafting legislation are explained below.
Legislation is usually initiated by a ministry and always drafted by Legislative Counsel, Ministry of Attorney General. The branch or division of the ministry that requires the new or amended legislation prepares a legislative proposal. The ministry consults with other ministries and government agencies and with external stakeholders. If ministry executive approves the legislative proposal, a request for legislation (RFL) is prepared and submitted to the government office responsible for Cabinet submissions.
The office responsible for Cabinet submissions arranges for Legislative Counsel to prepare written comments on the feasibility of the request, and then submits the RFL and the commentary to Cabinet. If Cabinet approval is given Legislative Counsel begins drafting the legislation in consultation with ministerial officials and relevant experts.
When drafting is completed, the legislation is introduced as a Bill to Legislative Assembly, where it progresses through three readings, during which it may be amended, rejected or withdrawn. A Bill approved by the Legislature becomes law when it receives Royal Assent or on the date(s) indicated in a Commencement Provision.
A ministry or agency may track the progress of its legislation using a legislative project register and a Cabinet decision register. When legislation is approved by the Legislature, ministerial and staff legislative briefing packages may be prepared.
Record types include: requests for legislation, draft legislation, working papers, lists, indexes, briefing notes and packages, memoranda, and correspondence.
NOTE: This primary does not cover records relating to consultation with other government agencies or the public prior to commencement of legislative projects. Those records should be classified under the appropriate administrative or operational primary relating to the purpose of the consultation.
For approved ministry legislation, see primary 135.
For Cabinet submissions, see primary 201.
For executive briefing notes relating to legislation, see primary 280.
For legislative briefing notes, see primary 280.
For records relating to regulations, orders-in-council and acts administered by other ministries, see primary 125.
For records relating to regulations or orders-in-council for which the ministry is directly responsible, see primary 135.
For staff briefing circulars, see secondary 195-20.
non-OPR NOTE: Offices will retain non-OPR
copies of records for: SO nil DE
Primary-
Secondary |
Records Series |
|
OPR |
|
PIB/PUR |
| | |
A |
SA |
FD |
|
| 140-00 |
Policy and procedures |
|
SO |
5y |
SR |
|
| 140-01 |
General |
|
SO |
nil |
DE |
|
| 140-02 |
Legislative project register
(includes register, index, list or other tracking document)
SO = when register has been updated or when no longer required for reference purposes
NOTE: This secondary is used to track the progress and status of legislation projects for the current year. |
|
SO |
nil |
DE |
|
| 140-04 |
Cabinet legislative decision register
(includes register, index, list or other tracking document)
SO = when register has been updated or when no longer required for reference purposes
NOTE: This secondary is for reference purposes and is used to track annual legislative
decisions made by Cabinet. Classify the individual Cabinet decision in the relevant
case file under secondary -40. |
|
SO |
nil |
DE |
|
| 140-20 |
Legislative proposal case files
(covers the consultative process, the review and analysis, and the rejection or approval of
proposals within a ministry)
(arrange by topic of legislation)
SO = when a legislative proposal is rejected or approved by the ministry executive
FR = BC Archives will fully retain Legislative proposal case files because they document
ministry legislative priorities and participation in legislative development.
NOTE: This secondary covers proposals made within a ministry, not those formally made
to Cabinet, which are covered by secondary -30. |
|
SO+1y |
6y |
FR |
|
| 140-30 |
Request for legislative case files
(includes requests for legislation (RFL) submitted to Cabinet and records of Cabinet decisions)
(arrange by topic of legislation)
SO = when Cabinet decision is made
DE = Records covered by this secondary can be destroyed upon approval of the Records Officer
because they are fully retained under primary 34200 of the Legislative Counsel Section of
the Legal Services ORCS (schedule 105050). |
|
SO+1y |
6y |
DE |
|
| 140-40 |
Draft legislation case files
(includes draft legislation)
(arrange by project name or by Legislature bill number, once assigned by the Legislature)
SO = when drafts are no longer required for review or reference
DE = Records covered by this secondary can be destroyed upon approval of the Records Officer
because they are fully retained under primary 34200 of the Legislative Counsel Section of
the Legal Services ORCS (schedule 105050). |
|
SO+1y |
nil |
DE |
|
