Skip to content

Paper light employment files

Grant Machum and Guy-Etienne Richard

Maintaining employment files requires physical space and can be costly. Nowadays many employers are moving away from keeping paper files to electronic storage. This brings up two issues:

  1. Are employers required to keep a paper file if it is in electronic format?
  2. How long do employers need to retain employment files?

Are employers required to keep a paper files?

If employers decide to keep the records electronically, they must ensure they have a process that protects the integrity and the security of the information, and a written procedure outlining that process. For example, digital copies should be exact copies of the original and kept in a non-changeable form. This will help ensure the electronic copies are admissible in court.

Alberta is the only Canadian province which does not allow employment files to be stored solely in electronic format. The Electronic Transactions Act General Regulation specifically excludes employment records, suggesting that a paper copy should be kept on site.

All other provinces allow electronic files to be kept without the need for a paper copy. Legislation applicable in the various provinces varies slightly and employers are advised to consult the specific legislation in their province to ensure compliance.

How long do employers need to retain employment files?

The minimum period that employee records must be kept for varies across the provinces, as well as the various legislation. For example, provincial employers in Nova Scotia should keep the following legislation in mind:

  • The Nova Scotia Labour Standards Code requires that records be maintained for three years.
  • The Limitation of Actions Act generally requires that a claim be brought within two years of the date the claim is “discovered”.
  • The Occupational Health and Safety Act and the First Aid Regulations both require that documents relating to incidents or orders be kept for five years.
  • The Workers’ Compensation Act does not specify a retention period, but allows claims for injury or disease up to five years after a workplace accident.
  • The Income Tax Act allows Revenue Canada to perform an audit within six years from the end of the tax year.

Accordingly, retention period can vary greatly depending on the nature of the document and province. The table below provides a general overview of the relevant periods (in years) for various employment matters for each province.

 Legislation

NL

NS

PEI

NB

QC

ON

MB

SK

AB

BC

 Employment Standards

4

3

3

3

3

3

3

5

3

2

 Workers Compensation

6

5

3

1

2

4

3

2

3

 Occupational Health & Safety

2

5

3

3

5

1

5

5

2

3

 Limitation of Actions

6

2

6

2

3

2

7

2

2

2

 Human Rights

1

1

1

1

2

1

2

1

1

2

 Income Tax

6

6

6

6

6

6

6

6

6

 Revenue Administration

7

6

Depending on the nature of the documents (e.g. records of accidents, payroll, personal information, criminal records, etc) the retention period may vary.

Limitation legislation generally allows claims to be brought up to an absolute maximum of 15 to 30 years from the date of incident. However, there are some exceptions: where a physical altercation has occurred at work, such as assault, battery, or sexual abuse (or you suspect such an altercation may have occurred), records should be kept indefinitely. Such a claim, in particular the injury it causes, may not be “discovered” by the employee until years after the fact.

As retention periods can vary greatly, we would be pleased to advise on the specific legislative requirements for your documents.


This update is intended for general information only. If you have questions about the above information, and how it applies to your specific situation, please contact a member of our Labour & Employment group.

 

Click here to subscribe to Stewart McKelvey Thought Leadership.

SHARE

Archive

Search Archive


 
 

Recognizing subtle discrimination in the workplace: insights from recent legal cases

March 4, 2024

By Sheila Mecking and Michiko Gartshore Subtle discrimination can have a much stronger and longer effect on employees when not properly addressed. It can also result in costly consequences for an employer who does not…

Read More

Immediate changes to travel eligibility for citizens of Mexico

February 29, 2024

By Brittany Trafford and Brendan Sheridan Today Immigration, Refugees and Citizenship Canada (“IRCC”) has announced significant changes to the travel requirements for Mexican citizens. As of February 29, 2024 at 11:30p.m. Eastern Time, all electronic…

Read More

Updated guidance on business reporting obligations under Canada’s supply chain transparency legislation

February 23, 2024

By Christine Pound, ICD.D., Twila Reid, ICD.D., Sarah Dever Letson, CIPP/C, Hilary Newman and Daniel Roth Introduction As we reported on November 30, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains…

Read More

Trustees beware! New trust reporting and disclosure requirements under the Income Tax Act are here – are you ready for them?

February 21, 2024

By Richard Niedermayer, K.C., TEP  & Rackelle Awad New trust disclosure rules originally announced on February 27, 2018, are now in force, and trusts with taxation years ending on or after December 31, 2023 are…

Read More

Proposed Criminal Interest Rate Regulations: exemptions to the lower criminal interest rate

February 14, 2024

By David Wedlake and Andrew Paul In late December 2023, the Federal Government issued draft Criminal Interest Rate Regulations under the Criminal Code. These proposed regulations follow the Budget Implementation Act, 2023, No. 1 which…

Read More

Outlook for 2024 Proxy Season

February 9, 2024

By Andrew Burke, Colleen Keyes, Gavin Stuttard, David Slipp and Logan Walters With proxy season on the horizon, many public companies are once again preparing their annual disclosure documents and shareholder materials for their annual…

Read More

Significant changes announced for new study permit applications

February 6, 2024

By Brendan Sheridan and Tiegan Scott The Government of Canada recently announced further changes to the international student program that not only limits the number of new study permit applicants per year, but also increases…

Read More

Plans of arrangement come to Newfoundland and Labrador

January 30, 2024

By Tauna Staniland, K.C., ICD.D, Joe Thorne, and Nadine Otten What can you do when your corporation wants to complete a complex transaction requiring significant corporate restructuring that cannot be easily completed under the corporation’s…

Read More

Energy Watch

January 29, 2024

Stewart McKelvey is pleased to present Energy Watch – a review of key legislative and policy advancements in the renewable energy sector in 2023 in each of Newfoundland and Labrador, Nova Scotia and New Brunswick…

Read More

Beyond the border: A year end immigration wrap-up

December 21, 2023

We are pleased to present Beyond the border: A year end immigration wrap-up. Compiled by Lawyers from our Immigration team, this 2023 update covers topics including the Government of Canada’s ambitious immigration plans for the future;…

Read More

Search Archive


Scroll To Top