Destruction and preservation of records
26(0.1)This section applies to evidence or proceedings before a board, commission, tribunal, body or commissioner.
26(1)Subject to subsection (3), where a transcript of evidence or proceedings recorded in accordance with subsection 25(1) has been made and certified in accordance with subsection 25(2), the Official Shorthand Reporter, Special Court Shorthand Reporter, or other person who recorded the evidence and proceedings may, after the expiration of thirty days from the day on which the transcript was made and certified, destroy the record or erase any recording thereof.
26(2)Subject to subsection (3), where a transcript of evidence or proceedings recorded in accordance with subsection 25(1) has not been made and certified in accordance with subsection 25(2), the Official Shorthand Reporter, Special Court Shorthand Reporter, or other person who recorded the evidence and proceedings, shall not destroy the record or erase any recording thereof for such period after it has been made as the Minister of Justice may by regulation prescribe, but after that period has expired, he may destroy the record or erase the recording thereof.
26(3)An interested person, without notice to any other person, may apply for an order providing for the preservation for a specified period of any record made under subsection 25(1).
26(4)Subject to subsection (4.1), any application for an order under subsection (3) is to be made to the board, commission, tribunal, body or commissioner before which or whom the evidence was given or the proceedings were held.
26(4.1)In the case of any record of evidence or proceedings before any board, commission, tribunal, body or commissioner that or who has ceased to have authority to act in the matter in respect of which the evidence was given or the proceedings were held, an application for an order under subsection (3) is to be made to the Minister of Justice.
26(5)The person to whom the application was made under subsection (4) or (4.1) may make such order as he deems proper under the circumstances.
26(6)Where an order made under subsection (5) is served on the person making or having possession of the record referred to in the order, that person shall preserve it for the period specified in the order.
1966, c.52, s.2; 1979, c.41, s.46; 2006, c.16, s.63; 2009, c.R-4.5, s.22; 2012, c.39, s.65; 2016, c.37, s.64; 2019, c.2, s.51; 2020, c.25, s.50; 2022, c.28, s.19