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

Act current to 2024-10-30 and last amended on 2024-10-15. Previous Versions

PART 2Proactive Publication of Information (continued)

Ministers (continued)

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.

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.

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.

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)

Marginal note:Travel expenses

 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:

    • (i) transportation,

    • (ii) lodging,

    • (iii) meals and any incidental expenses, and

    • (iv) other 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

 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

 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

 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

  •  (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:

    • (a) the subject matter of the contract;

    • (b) the names of the parties;

    • (c) the contract period;

    • (d) the value of the contract;

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

    • (f) any other information that, in accordance with Treasury Board policies, must be published.

  • 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

  •  (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

 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

  •  (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

  •  (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.

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

Interpretation

Marginal note:Definitions

 The following definitions apply in sections 90.02 to 90.24.

Chief Administrator

Chief Administrator means the Chief Administrator of the Courts Administration Service. (administrateur en chef)

Commissioner

Commissioner means the Commissioner for Federal Judicial Affairs. (commissaire)

quarter

quarter means a three-month period that begins on the first day of January, April, July or October. (trimestre)

Registrar

Registrar means the Registrar of the Supreme Court of Canada. (registraire)

 

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