Bill C-286

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First Reading

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	1st Session, 36th Parliament, 46 Elizabeth II, 1997
	The House of Commons of Canada
	BILL C-286
	An Act to amend the Access to Information Act and amending the National Archives of Canada Act as a consequence (destruction and falsification of documents and access to confidences of the Privy Council)
R.S., c. A-1; R.S., cc. 22, 27, 28, 33, 44, 46 (1st Supp.), cc. 1, 8, 19, 36 (2nd Supp.), cc. 1, 3, 12, 17, 18, 20, 24, 28, 33 (3rd Supp.), cc. 1, 7, 10, 11, 16, 21, 28, 31, 32, 41, 47 (4th Supp.); 1989, cc. 3, 27; 1990, cc. 1, 2, 3, 13; 1991, cc. 3, 6, 16, 38; 1992, cc. 1, 21, 33, 34, 36, 37; 1993, cc. 1, 2, 3, 27, 28, 31, 34, 38; 1994, cc. 10, 26, 31, 38, 40, 41, 43; 1995, cc. 1, 5, 11, 12, 18, 28, 29, 41, 45; 1996, cc. 8, 9, 10, 11, 16; 1997, cc. 6, 9, 20, 23	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. (1) Section 3 of the Access to Informa tion Act* is amended by adding the following in alphabetical order:**
``Archivist'' « archi- viste »	``Archivist'' means the National Archivist of Canada appointed under subsection 3(2) of the National Archives of Canada Act;
``destruc- tion'' « destruc- tion »	``destruction'' means the destruct ion of a record in order to make it inaccessible to a person or to deprive a person of the rights conferred by this Act;
``falsifica- tion'' « falsifica- tion »	``falsification'' means falsifying, hiding the existence of or deliberately altering, covering up or concealing a record in order to make it inaccessible to a person or to deprive a person of the rights conferred by this Act;
	(2) The definition ``government institu tion'' in section 3 of the Act is replaced by the following:
``govern- ment institution'' « institution fédérale »	``government institution'' means any department or ministry of state of the Government of Canada listed in Schedule I or any body or office listed in Schedule I and includes special operating agencies, Crown corporations and their wholly-owned subsidiaries, the Senate, the House of Commons, the Library of Parliament and institutions of which a majority of the board of directors is appointed by the federal government ;
	2. The Act is amended by adding the following after section 10:
Where time limit not observed	10.1 Where the head of a government institution does not respond to a request for access to a record within the time limit set out in sections 7 and 9 of this Act, the government institution
	(a) shall lose the right to charge the fees prescribed under this Act; and
	(b) in refusing to disclose a record, shall not be able to rely on any exemption provided for in this Act that is not a mandatory exemption under section 13, 17, 19, 20 or 23.1 of this Act.
	3. Subsection 11(6) of the Act is replaced by the following:
Waiver or refund	(6) The head of a government institution to which a request for access to a record is made under this Act may waive the requirement to pay a fee or other amount or a part thereof under this section or may refund a fee or other amount or a part thereof paid under this section where the head of the government institution is of the opinion that a waiver or refund is fair and equitable, taking into account
	(a) the difference between the actual cost of processing, gathering and publishing the record and the prescribed fee;
	(b) the potential financial burden on the person requesting the record;
	(c) the favourable or unfavourable effect on public health and safety of giving access to the record;
	(d) the obligation under section 29.1 to provide access to a record where it is in the public interest to do so;
	(e) that the person making the request was refused access to the record; and
	(f) any other factor prescribed by regula tion.
	4. The portion of paragraph 16(1)(a) of the Act after subparagraph (iii) is replaced by the following:
Records less than 15 years old	if the record came into existence less than fifteen years prior to the request.
	5. The portion of subsection 21(1) of the Act after paragraph (d) is replaced by the following:

	if the record came into existence less than fif teen years prior to the request.
	6. The Act is amended by adding the following after section 23:
Confidences of the Queen's Privy Council for Canada	23.1 (1) The head of a government institu tion shall refuse to disclose any confidential record that could reveal the substance of deliberations of the Queen's Privy Council for Canada, including
	(a) an agenda of Council or records record ing deliberations or decisions of Council;
	(b) discussion papers presenting policy options or recommendations that are before or are proposed to be brought before Council;
	(c) a record used for or reflecting commu nications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;
	(d) a record the purpose of which is to brief a minister of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (c);
	(e) a draft policy or legislation;
	(f) a record containing information about the contents of any record within a class of records referred to in paragraphs (a) through (e), if the information reveals the substance of deliberations of Council; and
	(g) any other record that might reveal the substance of deliberations of Council.
Exceptions	(2) Subsection (1) does not apply to
	(a) a record or a part of a record that has been in existence for more than fifteen years;
	(b) a record or a part of a record that is a record of a decision made by Council on an appeal under an Act of Parliament;
	(c) a record or a part of a record that does not deal with policy options or recommenda tions, the purpose of which is to present background explanations or analyses of problems in relation to matters that are before, or are proposed to be brought before, Council for consideration in making decisions where
	(i) the decision has been made public,
	(ii) the decision has been implemented, or
	(iii) at least four years have passed since the decision was made or considered;
	(d) a record or a part of a record attached to a submission to Council, the purpose of which is to present background explana tions or analyses of problems, that was not originally created to be part of a submission to Council;
	(e) summaries of Council decisions exclu sive of any information that would reveal the substance of deliberations of Council; or
	(f) a record or a part of a record intended for Council or relating to the work of Council, if Council consents to its being disclosed.
	(3) In this section, ``Council'' means the Queen's Privy Council for Canada, commit tees of the Queen's Privy Council for Canada, Cabinet and committees of Cabinet.
	7. The Act is amended by adding the following after section 29:
	INFORMATION TO BE DISCLOSED IN THE PUBLIC INTEREST
Records containing information to be disclosed in the public interest	29.1 (1) Notwithstanding any other provi sion of this Act and regardless of whether a request for access to a record has been made, the head of a government institution shall, as soon as possible in the circumstances, disclose to the public, a concerned group or a person requesting access to a record any information
	(a) that concerns a significant threat of harm to the environment or to the health or safety of the public, a group of persons or the person requesting access to the record; or
	(b) the disclosure of which, for any other reason, is clearly in the public interest.
	(2) Before disclosing the information re ferred to in subsection (1), the head of the government institution shall notify the In formation Commissioner and any third party to whom the information relates and shall give the third party an opportunity to make repre sentations as to why the record or a part thereof should not be disclosed.
	(3) Where a head of a government institu tion cannot notify a third party as required by subsection (2) because of the urgent nature of the situation or because the third party cannot be reached, the head of the government institution may cause a public notice to be published in the media.
	(4) Sections 66 and 74 apply to the disclo sure of information referred to in subsection (1) with such modifications as the circum stances require.
	8. Subsection 30(1) of the Act is amended by adding the following after paragraph (e):
	(e.1) in respect of the actual or apprehended destruction of a record following informa tion obtained under subsection 66.1(1);
	9. Section 31 of the Act is renumbered as subsection 31(1) and is amended by adding the following:
Extension of time limit	(2) The Information Commissioner may extend the time limit set out in subsection (1) if the failure by the government institution to comply with a time limit causes or would cause the person requesting access to a record to lose the right to make a complaint under this Act.
	10. The Act is amended by adding the following after section 39:
Semi-annual list	39.1 Every six months, the Information Commissioner shall submit a report to Parlia ment that lists the head of any government institution, or an officer or employee of the government institution, who has failed to comply with the time limit of thirty days set out in sections 7 and 9 of this Act.
	11. The Act is amended by adding the following after subsection 40(2):
Study of the report a priority	(3) The committee shall give priority to study of the report referred to in section 39.1 and, within thirty days, shall invite the head of a government institution named on the list, or an officer or employee of the government institution, to provide an explanation concern ing the failure to respond to a request within the time limit prescribed by this Act.
List published	(4) No later than ten days after hearing the explanation referred to in subsection (3), the committee shall publish a list of the names of all those mentioned in the report under section 39.1 who did not provide an explanation valid under the criteria specified under this Act concerning the failure to respond to a request within the time limit prescribed by this Act.
	12. Section 50 of the Act is renumbered as subsection 50(1) and is amended by adding the following:
Order of the court where refusal is based on confidence of the Privy Council	(2) Where the refusal by a head of a government institution to disclose a record requested under this Act or a part thereof is by reason of section 23.1, the Court shall, if it determines that the refusal is not based on the fact that disclosure of the confidential record would reveal the substance of deliberations of the Queen's Privy Council for Canada, order the head of the government institution to disclose the record or part thereof, subject to such conditions as the Court deems appropri ate, to the person requesting access to the record, or shall make such other order as the Court deems appropriate.
	13. Subsection 52(1) of the Act is replaced by the following:
International affairs, defence and confidences of the Privy Council	52. (1) A person who, by reason of para graph 13(1)(a) or (b) or section 15 or 23.1, has been refused access to a record requested under this Act or a part thereof may apply, under section 41 or 42, to the Associate Chief Justice of the Federal Court or such other judge of the Court as the Associate Chief Justice may designate to hear such applica tions.
	14. Subsection 59(2) of the Act is replaced by the following:
International affairs, defence and confidences of the Privy Council	(2) The Information Commissioner may not, nor may an Assistant Information Com missioner, delegate the investigation of any complaint resulting from a refusal by the head of a government institution to disclose a record or a part of a record by reason of paragraph 13(1)(a) or (b), or section 15 or 23.1, except to one of four officers or employees of the office of the Commissioner specifically designated by the Commissioner for the purpose of conducting such investiga tions.
	15. The Act is amended by adding the following after section 66:

Bill C-286

BILL C-286

INFORMATION TO BE DISCLOSED IN THE PUBLIC INTEREST