An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts (S.C. 2019, c. 18)
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Assented to 2019-06-21
R.S., c. A-1Access to Information Act (continued)
Amendments to the Act (continued)
37 Sections 72 to 77 of the Act are replaced by the following:
Ministers
Marginal note:Definitions
72 The following definitions apply in sections 73 to 80.
- minister
minister includes the Prime Minister and any Minister of State or Associate Minister. (ministre)
- ministerial adviser
ministerial adviser has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (conseiller ministériel)
- ministerial staff
ministerial staff has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (personnel ministériel)
- quarter
quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre)
Marginal note:Mandate letters
73 The Prime Minister shall cause to be published in electronic form any letter or revised letter in which he or she establishes the mandate of any other minister within 30 days after the issuance of the letter or revised letter.
Marginal note:Briefing materials
74 A minister shall cause to be published in electronic form
(a) within 120 days after the appointment of the minister, the package of briefing materials that is prepared for the minister by a government institution for the purpose of enabling the minister to assume the powers, duties and functions of his or her office;
(b) within 30 days after the end of the month in which any memorandum prepared by a government institution for the minister is received by his or her office, the title and reference number of each memorandum that is received;
(c) within 30 days after the last sitting day of the House of Commons in June and December or, respectively, no later than July 31 or January 31 if the House of Commons is not sitting in June or December, the package of question period notes that were prepared by a government institution for the minister and that were in use on the last sitting day of the month in question; and
(d) within 120 days after the minister’s appearance before a committee of Parliament, the package of briefing materials that is prepared by a government institution for the minister for the purpose of that appearance.
Marginal note:Travel expenses
75 Within 30 days after the end of the month in which any travel expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff are reimbursed, the minister shall cause to be published in electronic form the following information:
(a) the name of the minister, the ministerial adviser or the ministerial staff member, as applicable;
(b) the purpose of the travel;
(c) the dates of the travel;
(d) the places visited;
(e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:
(f) the total amount of the travel expenses.
Marginal note:Hospitality expenses
76 Within 30 days after the end of the month in which any expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff for a hospitality activity are reimbursed, the minister shall cause to be published in electronic form the following information:
(a) the name of the minister, the ministerial adviser or the ministerial staff member, as applicable;
(b) the purpose of the hospitality activity;
(c) the date of the hospitality activity;
(d) the municipality in which the hospitality activity took place;
(e) the name of any commercial establishment or vendor involved in the hospitality activity;
(f) the number of persons who attended the hospitality activity; and
(g) the total amount of the expenses for the hospitality activity.
Marginal note:Contracts over $10,000
77 (1) Within 30 days after the end of each of the first three quarters and within 60 days after the end of each fourth quarter, a minister shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff if the value of the contract is more than $10,000:
Marginal note:Contracts of $10,000 or less
(2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.
Marginal note:Increase or decrease in value of contract
(3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the value of the contract as amended.
Marginal note:Expense reports
78 Within 120 days after the end of each fiscal year, a minister shall cause to be published in electronic form a report of all expenses that were incurred by his or her office and were paid out of the Consolidated Revenue Fund during that fiscal year.
Marginal note:Form of publications
79 (1) The designated Minister shall specify the form of the publications referred to in sections 74 to 78.
Marginal note:Directives and guidelines
(2) The designated Minister may cause to be established directives and guidelines concerning the information or materials that must be published under any of sections 74 to 78. If directives and guidelines are established, the designated Minister shall cause them to be distributed to ministers.
Marginal note:Publication not required
80 (1) A minister is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.
Marginal note:Publication not permitted
(2) A minister shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question.
Marginal note:Information deemed not to be personal information
(3) For the purposes of this section, information that must be published under section 75 or 76 is not personal information.
Government Institutions
Marginal note:Definitions
81 The following definitions apply in sections 82 to 90.
- government entity
government entity means a government institution that is
(a) a department named in Schedule I to the Financial Administration Act,
(b) a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, or
(c) a corporation named in Schedule II to that Act. (entité fédérale)
- quarter
quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre)
- senior officer or employee
senior officer or employee means, in respect of a government institution, any person who exercises the powers or performs the duties and functions of a deputy minister, an associate deputy minister, an assistant deputy minister, a deputy head, an assistant deputy head, a president, a vice-president, a chief executive officer or a member of a board of directors, and any person who holds a position of an equivalent rank. (dirigeant ou employé)
Marginal note:Travel expenses
82 Within 30 days after the end of the month in which any travel expenses incurred by a senior officer or employee of a government institution are reimbursed, the head of the government institution shall cause to be published in electronic form the following information:
(a) the senior officer’s or employee’s name, as applicable;
(b) the purpose of the travel;
(c) the dates of the travel;
(d) the places visited;
(e) the total cost for each of the following classes of expenses:
(f) the total amount of the travel expenses; and
(g) any other information that, in accordance with Treasury Board policies, must be published.
Marginal note:Hospitality expenses
83 Within 30 days after the end of the month in which any expenses incurred by a senior officer or employee of a government institution for a hospitality activity are reimbursed, the head of the government institution shall cause to be published in electronic form the following information:
(a) the senior officer’s or employee’s name, as applicable;
(b) the purpose of the hospitality activity;
(c) the date of the hospitality activity;
(d) the municipality in which the hospitality activity took place;
(e) the name of any commercial establishment or vendor involved in the hospitality activity;
(f) the number of persons who attended the hospitality activity;
(g) the total amount of the expenses for the hospitality activity; and
(h) any other information that, in accordance with Treasury Board policies, must be published.
Marginal note:Reports tabled in Parliament
84 Within 30 days after the day on which it is tabled, the head of a government institution shall cause to be published in electronic form any report of the government institution respecting its activities that, under an Act of Parliament, must be tabled in the Senate or the House of Commons.
Marginal note:Reclassification of positions
85 Within 30 days after the end of the quarter in which there is a reclassification of an occupied position in a government institution that is a department named in Schedule I to the Financial Administration Act or a portion of the core public administration named in Schedule IV to that Act, the head of the government institution shall cause to be published in electronic form the following information:
(a) the organizational unit in question;
(b) the number and title of the reclassified position;
(c) the previous classification and the new classification;
(d) the purpose of the reclassification;
(e) the effective date of the reclassification; and
(f) any other information that, in accordance with Treasury Board policies, must be published.
Marginal note:Contracts over $10,000
86 (1) Within 30 days after the end of each of the first three quarters and within 60 days after the end of each fourth quarter, the head of a government entity shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the government entity if the value of the contract is more than $10,000:
Marginal note:Contracts of $10,000 or less
(2) Within 30 days after the end of the quarter in which a contract that has been entered into in relation to the activities of a government entity and that has a value of $10,000 or less is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the contract as amended.
Marginal note:Increase or decrease in value of contract
(3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the value of the contract as amended.
Marginal note:Grants and contributions over $25,000
87 (1) Within 30 days after the end of the quarter in which an agreement or arrangement is entered into with respect to a grant or contribution that is in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of more than $25,000, the head of the government entity shall cause to be published in electronic form the following information:
(a) the names of the parties;
(b) the municipality, province and country where the recipient resides or, in the case of a corporation or organization, where its head office is located or where it carries on business;
(c) the purpose of the grant or contribution;
(d) the date of the agreement or arrangement;
(e) the value of the grant or contribution; and
(f) any other information that, in accordance with Treasury Board policies, must be published.
Marginal note:Grants and contributions of $25,000 or less
(2) Within 30 days after the end of the quarter in which an agreement or arrangement — that was entered into in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of $25,000 or less — is amended so that the value of the grant or contribution exceeds $25,000, the head of the entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the amended agreement or arrangement.
Marginal note:Increase or decrease in value of grant or contribution
(3) Within 30 days after the end of the quarter in which an agreement or arrangement referred to in subsection (1) or (2) is amended so that the value of the grant or contribution is increased or decreased, the head of the government entity shall cause to be published in electronic form the value of the grant or contribution as amended.
Marginal note:Briefing materials
88 The head of a government entity shall cause to be published in electronic form
(a) within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office;
(b) within 30 days after the end of the month in which any memorandum prepared for the deputy head or the person is received by his or her office, the title and reference number of each memorandum that is received; and
(c) within 120 days after an appearance before a committee of Parliament, the package of briefing materials that is prepared for the deputy head or the person for the purpose of that appearance.
Marginal note:Form of publications
89 (1) The designated Minister shall specify the form of the publications referred to in sections 82 to 88.
Marginal note:Directives and guidelines
(2) The designated Minister may cause to be established directives and guidelines concerning the information or materials that must be published under any of sections 82, 83 and 85 to 88. If directives and guidelines are established, the designated Minister shall cause them to be distributed to government institutions.
Marginal note:Publication not required
90 (1) A head of a government institution is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.
Marginal note:Publication not permitted
(2) A head of a government institution shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question.
General
Marginal note:Information Commissioner
91 (1) The Information Commissioner shall not exercise any powers or perform any duties or functions in relation to the proactive publication of information under this Part, including receiving and investigating complaints or exercising any other powers, duties or functions under Part 1.
Marginal note:Precision
(2) Nothing in subsection (1) shall be construed as preventing the Information Commissioner from exercising his or her powers or performing his or her duties and functions under Part 1 with respect to a record that, although subject to Part 2, is subject to a request for access under Part 1.
PART 3General
Marginal note:Designated Minister’s power
92 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.
Marginal note:Five-year review
93 (1) The designated Minister shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken and shall cause a report to be laid before each House of Parliament.
Marginal note:Reference to Parliamentary committee
(2) After the report is laid before both Houses, it shall be referred to the committee designated or established by Parliament for the purpose of section 99.
Marginal note:Annual report — government institutions
94 (1) Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year.
Marginal note:Tabling of report
(2) Every report prepared under subsection (1) shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared.
Marginal note:Reference to Parliamentary committee
(3) Every report prepared under subsection (1) shall, after it is laid before both Houses under subsection (2), be referred to the committee designated or established by Parliament for the purpose of section 99.
Marginal note:Copy of report to designated Minister
(4) The head of every government institution shall provide a copy of the report to the designated Minister immediately after it is laid before both Houses.
Marginal note:Form and content of report
(5) The designated Minister shall prescribe the form of, and what information is to be included in, the reports prepared under subsection (1).
Marginal note:Delegation by head of government institution
95 (1) The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution.
Marginal note:Delegation to officers or employees of other government institution
(2) The head of a government institution may, for the purposes of subsection 96(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution.
Marginal note:Provision of services related to access to information
96 (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution.
Marginal note:Written agreement
(2) A government institution may provide services under subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services.
Marginal note:Notice
(3) The head of a government institution to which the services are provided shall provide a copy of the agreement to the Information Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Information Commissioner and the designated Minister of any material change to that agreement.
Marginal note:Fees
(4) The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.
Marginal note:Spending authority
(5) The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.
Marginal note:Records not under control of institution
97 The records that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 96(1) are not under the control of that other institution.
Marginal note:Protection from civil proceeding or from prosecution — Part 1
98 (1) Despite any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any record or any part of a record under Part 1, for any consequences that flow from that disclosure, or for the failure to give any notice required under Part 1 if reasonable care is taken to give the required notice.
Marginal note:Protection from civil proceeding or from prosecution — Part 2
(2) Despite any other Act of Parliament, no civil or criminal proceedings lie against any person who is required to cause to be published any information or any materials, in whole or in part, under Part 2 or against any person acting on behalf or under the direction of that person, and no proceedings lie against the Crown or any entity, for the publication in good faith of any information or any materials, in whole or in part, under Part 2, or for any consequences that flow from that publication.
Marginal note:Permanent review of Act by Parliamentary committee
99 The administration of this Act shall be reviewed on a permanent basis by any committee of the House of Commons, of the Senate or of both Houses of Parliament that may be designated or established by Parliament for that purpose.
Marginal note:Review and report
99.1 A committee referred to in section 99 shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken, and shall submit a report on each review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes the committee would recommend.
Marginal note:Binding on Crown
100 This Act is binding on Her Majesty in right of Canada.
Marginal note:Regulations
101 (1) The Governor in Council may make regulations prescribing criteria for adding, under paragraph (2)(a), the name of a body or office to Schedule I.
Marginal note:Amendments to Schedule I
(2) The Governor in Council may, by order,
(a) add to Schedule I the name of any department, ministry of state, body or office of the Government of Canada;
(b) replace in Schedule I the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and
(c) delete from Schedule I the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada.
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