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

Act current to 2019-11-19 and last amended on 2019-08-28. Previous Versions

PART 1Access to Government Records (continued)

Designated Minister’s Duties and Functions

Marginal note:Duties and functions of designated Minister

  •  (1) Subject to subsection (2), the designated Minister shall

    • (a) cause to be kept under review the manner in which records under the control of government institutions are maintained and managed to ensure compliance with the provisions of this Part and the regulations relating to access to records;

    • (b) prescribe any forms that may be required for the operation of this Part and the regulations made under this Part;

    • (c) cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Part and the regulations made under this Part; and

    • (c.1) [Repealed, 2019, c. 18, s. 33]

    • (d) cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Part and the regulations relating to access to records and cause to be published on an annual basis a report containing a summary of those statistics.

  • Marginal note:Duties and functions of designated Minister

    (1.1) The designated Minister may fix the number of officers or employees of the Information Commissioner for the purposes of subsection 59(2).

  • Marginal note:Exception for Bank of Canada

    (2) Anything that is required to be done by the designated Minister under paragraph (1)(a) or (c) shall be done in respect of the Bank of Canada by the Governor of the Bank of Canada.

  • R.S., 1985, c. A-1, s. 70
  • 2006, c. 9, s. 161
  • 2019, c. 18, s. 33
  • 2019, c. 18, s. 39

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) prescribing limitations in respect of the format in which records are to be provided under subsection 4(2.1);

  • (b) prescribing limitations in respect of records that can be produced from machine readable records for the purpose of subsection 4(3);

  • (c) prescribing the procedure to be followed in making and responding to a request for access to a record under this Part;

  • (d) prescribing, for the purpose of subsection 8(1), the conditions under which a request may be transferred from one government institution to another;

  • (e) prescribing a fee for the purposes of subsection 11(1);

  • (f) prescribing, for the purpose of subsection 12(1), the manner or place in which access to a record or a part of a record shall be given;

  • (g) specifying investigative bodies for the purpose of paragraph 16(1)(a);

  • (h) specifying classes of investigations for the purpose of paragraph 16(4)(c); and

  • (i) prescribing the procedures to be followed by the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose a record or a part of a record under paragraph 13(1)(a) or (b) or section 15.

  • R.S., 1985, c. A-1, s. 71
  • 2019, c. 18, s. 34

PART 2Proactive Publication of Information

Ministers

Marginal note:Definitions

 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)

  • R.S., 1985, c. A-1, s. 72
  • 2019, c. 18, s. 37

 [Repealed, 2019, c. 18, s. 37]

Marginal note:Mandate letters

 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.

  • R.S., 1985, c. A-1, s. 73
  • 2019, c. 18, s. 37

Marginal note:Briefing materials

 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.

  • R.S., 1985, c. A-1, s. 74
  • 2019, c. 18, s. 37

Marginal note:Travel expenses

 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:

    • (i) transportation,

    • (ii) lodging,

    • (iii) meals and any incidental expenses, and

    • (iv) other expenses; and

  • (f) the total amount of the travel expenses.

  • R.S., 1985, c. A-1, s. 75
  • 2019, c. 18, s. 37

Marginal note:Hospitality expenses

 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.

  • R.S., 1985, c. A-1, s. 76
  • 2019, c. 18, s. 37

Marginal note:Contracts over $10,000

  •  (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:

    • (a) the subject matter of the contract;

    • (b) the names of the parties;

    • (c) the contract period;

    • (d) the value of the contract; and

    • (e) the reference number assigned to the contract, if any.

  • 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.

  • R.S., 1985, c. A-1, s. 77
  • 1992, c. 21, s. 5
  • 2006, c. 9, s. 163
  • 2019, c. 18, s. 37
 
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