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

Act current to 2020-07-15 and last amended on 2020-06-21. Previous Versions

PART 2Proactive Publication of Information (continued)

Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs (continued)

Office of the Commissioner for Federal Judicial Affairs (continued)

Marginal note:Incidental expenditures — judges

 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of a particular court is reimbursed under subsection 27(1) of the Judges Act, 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 incidental expenditures reimbursed for that court;

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

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

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

  • (f) the applicable guidelines.

  • 2019, c. 18, s. 38

Marginal note:Representational allowances — judges

 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Commissioner shall cause to be published in electronic form the following information:

  • (a) the total amount of the expenses reimbursed;

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

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

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

  • (e) the applicable guidelines.

  • 2019, c. 18, s. 38

Marginal note:Travel allowances — judges

 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.

  • 2019, c. 18, s. 38

Marginal note:Conference allowances — judges

 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.

  • 2019, c. 18, s. 38

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

Marginal note:Judicial independence

 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.

  • 2019, c. 18, s. 38

Marginal note:Protected information and security

 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.

  • 2019, c. 18, s. 38

Marginal note:Final decision

 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.

  • 2019, c. 18, s. 38

General

Marginal note:Information Commissioner

  •  (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.

  • 2019, c. 18, s. 37

PART 3General

Marginal note:Designated Minister’s power

 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.

  • 2019, c. 18, s. 37

Marginal note:Five-year review

  •  (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.

  • 2019, c. 18, s. 37

Marginal note:Annual report — government institutions

  •  (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).

  • 2019, c. 18, s. 37

Marginal note:Delegation by head of government institution

  •  (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.

  • 2019, c. 18, s. 37
 
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