Access to Information Act (R.S.C., 1985, c. A-1)

Marginal note:Travel allowances — judges

90.2 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of a particular court are reimbursed under section 34 of the Judges Act as a travel allowance, the Commissioner shall cause to be published in electronic form the following information:

• (a) the name of the court;

• (b) the total amount of the expenses reimbursed for that court;

• (c) the number of judges to whom a reimbursement was made;

• (d) a detailed description of each class of expenses reimbursed;

• (e) the number of judges who received a reimbursement for each class of expenses; and

• (f) the applicable guidelines.

Marginal note:Conference allowances — judges

90.21 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of a particular court are reimbursed under section 41 of the Judges Act as a conference allowance, the Commissioner shall cause to be published in electronic form the following information:

• (a) the name of the court;

• (b) the total amount of the expenses reimbursed for that court;

• (c) the number of judges to whom a reimbursement was made;

• (d) a detailed description of each class of expenses reimbursed;

• (e) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and

• (f) the applicable guidelines.

Judicial Independence, Protected Information, Security of Persons, Infrastructure and Goods and Canadian Judicial Council

Marginal note:Judicial independence

90.22 The Registrar, the Chief Administrator or the Commissioner, as applicable, may, on an exceptional basis, decline to cause to be published information or any part of the information described in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if they determine that the publication, even in the aggregate, could interfere with judicial independence.

Marginal note:Protected information and security

90.23 The Registrar, the Chief Administrator or the Commissioner, as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if he or she determines that

• (a) the information or the part of the information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege; or

• (b) the publication could compromise the security of persons, infrastructure or goods.

Marginal note:Final decision

90.24 A determination by the Registrar, the Chief Administrator or the Commissioner that a publication could interfere with judicial independence or could compromise the security of persons, infrastructure or goods or that any information or part of any information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege is final.

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.