This enactment amends the Parliament of Canada Act to require the Board of Internal Economy of the House of Commons to open its meetings, with certain exceptions, to the public. It also amends the Access to Information Act to modernize and clarify the purpose of the Act and to give the Information Commissioner the power to make compliance orders.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Public meetings

(4.‍1) Meetings of the Board shall be open to the public. However, a meeting or portion of a meeting shall be held in camera

• (a) if the issues being discussed relate to security, employment, staff relations or tenders; or

• (b) if the unanimous consent of the members of the Board present at the meeting is obtained.

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Purpose

2 (1) The purpose of this Act is to extend the present laws of Canada to provide a right of access to information in records under the control of Insertion start all Insertion end government Insertion start institutions Insertion end in accordance with the principles that

• Insertion start (a) Insertion end  government information Insertion start must Insertion end be Insertion start made openly Insertion end available to the public Insertion start and accessible in machine readable form; Insertion end

• Insertion start (b) Insertion end  necessary exceptions to the right of access should be Insertion start rare, Insertion end limited and specific Insertion start ; Insertion end and

• Insertion start (c) Insertion end  decisions on the disclosure of government information should be reviewed Insertion start and enforced Insertion end independently of government.

Access prevails

(3) In the event of any uncertainty as to whether an exception applies to a record requested under this Act, the principle set out in paragraph 2(1)‍(a) applies and the record shall be made available.

record means any documentary material, regardless of medium or form, Insertion start including any digital data Insertion end ; (document)

Records produced from machine readable records

(3) For the purposes of this Act, any record requested under this Act that does not exist but can be produced from a machine readable record under the control of a government institution using computer hardware and software and technical expertise normally used by the government institution shall be deemed to be a record under the control of the government institution.

Notice and access

7  Insertion start When Insertion end access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,

When access is refused

10 (1)  Insertion start When Insertion end the head of a government institution ref- uses to give access to Insertion start all or part of Insertion end a record requested under this Act, the notice given under paragraph 7(a) shall state that the person who made the request has a right to make a complaint to the Information Commissioner about the refusal. Insertion start The notice shall also Insertion end

• (b)  Insertion start provide a detailed explanation of the reason for the refusal, taking into consideration the principles set out in section 2, and indicate Insertion end the specific provision of this Act on which the refusal was based or, Insertion start if Insertion end the Insertion start notice Insertion end does not indicate whether a record exists, the provision on which a refusal could reasonably be expected to be based if the record existed.

Application fee

11 (1) Subject to Insertion start subsection (2) Insertion end , a person who makes a request for access to a record under this Act Insertion start shall Insertion end be required to pay Insertion start an Insertion end application fee Insertion start of five Insertion end dollars at the time the request is made.

Waiver

(2) 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 Insertion start all or part of Insertion end a fee under this section or may refund Insertion start all or part of such Insertion end a fee.

Refund

(3) If, following a request for access to a record made under this Act and despite sections 8 and 9, the head of a government institution fails to comply with section 7 within 30 days after the request is received, the application fee shall be refunded to the person who made the request.

Obligation to respond

(4) For greater certainty, despite the payment of a refund under subsection (3), the head of the government institution to which the request is made must respond to the request in accordance with this Act.

Compliance order

37.‍1 (1) After completing an investigation in response to a complaint or on his or her own initiative, the Information Commissioner may, if he or she determines that the head of the government institution did not have grounds on which to refuse to disclose all or part of the record, order the head of the institution to disclose all or part of the record; the Information Commissioner may also order the taking of any other measure to ensure that the institution complies with this Act.

Time limit

(2) The Information Commissioner shall establish a time limit for the implementation of the order.

Extension of time limit

(3) On the request of the government institution that is the object of the order, the Information Commissioner may, at any time within the time limit specified in the order, extend that time limit.

Duty to comply with orders

37.‍2 The government institution that is the object of the order under section 37.‍1 shall comply with the order within the time limit established in the order or any extension of that time limit granted under subsection 37.‍1(3), unless an application for judicial review of the order is sought under section 41.

Enforcement of orders

37.‍3 (1) The Information Commissioner may file a certified copy of an order made under section 37.‍1 with the Court, and such an order has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Court.

Conditions

(2) The order may be filed under subsection (1) only if the time limit established in the order or any extension of that time limit granted under subsection 37.‍1(3) has expired and if the order is not the subject of an application in judicial review or if any proceedings in relation to the judicial review have been completed.

Review of order

(2) The head of a government institution that is the subject of an order under section 37.‍1 may apply to the Court for a review of the order within 45 days after the expiry of the time limit established in the order or any extension of that time limit granted under subsection 37.‍1(3).

Review of Act by Parliamentary committee

75 (1) The administration of this Act shall be reviewed Insertion start within 90 days after the coming into force of this section and at least once every five years after that, Insertion end by Insertion start a Insertion end committee of the Senate, of the House of Commons or of both Houses of Parliament Insertion start that is Insertion end designated or established by Parliament for that purpose.

Report to Parliament

(2) The committee designated or established for the purpose of subsection (1) shall within a year after the review is undertaken or within Insertion start any longer period authorized by Insertion end the Insertion start Senate, the Insertion end House of Commons Insertion start or both Houses of Parliament, as the case may be, Insertion end submit a report to Parliament including Insertion start its conclusions and rec-ommendations Insertion end .