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

Act current to 2020-10-05 and last amended on 2020-06-21. Previous Versions

PART 2Proactive Publication of Information (continued)

Ministers (continued)

 [Repealed, 2019, c. 18, s. 37]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

Marginal note:Expense reports

 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.

  • 2019, c. 18, s. 37

Marginal note:Form of publications

  •  (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.

  • 2019, c. 18, s. 37

Marginal note:Publication not required

  •  (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.

  • 2019, c. 18, s. 37

Government Institutions

Marginal note:Definitions

 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)

  • 2019, c. 18, s. 37
 
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