;

Bill C-58

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Bilingual view XML PDF

SUMMARY
Access to Information Act
Amendments to the Act
Terminological Changes
Transitional Amendments
Privacy Act
Validation of Orders in Council
Access to Information Act
Privacy Act
Consequential Amendments
Canada Evidence Act
Personal Information Protection and Electronic Documents Act
Coordinating Amendment
Coming into Force

First Session, Forty-second Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

HOUSE OF COMMONS OF CANADA

BILL C-58
An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

FIRST READING, June 19, 2017

PRESIDENT OF THE TREASURY BOARD

90852

SUMMARY

This enactment amends the Access to Information Act to, among other things,

(a) authorize the head of a government institution to decline to act on a request for access to a record for various reasons, including because it is vexatious or made in bad faith, and give the person who made the request the right to make a complaint to the Information Commissioner if their request is declined;

(b) authorize the Information Commissioner to refuse to investigate or cease to investigate a complaint that is, in the Commissioner’s opinion, trivial, frivolous or vexatious or made in bad faith;

(c) clarify the powers of the Information Commissioner and the Privacy Commissioner to examine documents containing information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege in the course of their investigations and clarify that the disclosure by the head of a government institution to either of those Commissioners of such documents does not constitute a waiver of those privileges or that professional secrecy;

(d) authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requesting or obtaining records and give parties the right to apply to the Federal Court for a review of the matter;

(e) create a new Part providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices, government institutions and institutions that support superior courts;

(f) require the designated Minister to undertake a review of the Act within one year after the day on which this enactment receives royal assent and every five years afterward;

(g) authorize government institutions to provide to other government institutions services related to requests for access to records; and

(h) expand the Governor in Council’s power to amend Schedule I to the Act and to retroactively validate amendments to that schedule.

It amends the Privacy Act to, among other things,

(a) create a new exception to the definition of “personal information” with respect to certain information regarding an individual who is a ministerial adviser or a member of a ministerial staff;

(b) authorize government institutions to provide to other government institutions services related to requests for personal information; and

(c) expand the Governor in Council’s power to amend the schedule to the Act and to retroactively validate amendments to that schedule.

It also makes consequential amendments to the Canada Evidence Act and the Personal Information Protection and Electronic Documents Act.

Available on the House of Commons website at the following address:

www.ourcommons.ca

1st Session, 42nd Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

HOUSE OF COMMONS OF CANADA

BILL C-58

An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

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

R.‍S.‍, c. A-1

Access to Information Act

Amendments to the Act

1 The long title of the Access to Information Act is replaced by the following:

An Act to extend the present laws of Canada that provide access to information under the control of the Government of Canada Insertion start and to provide for the proactive publication of certain information Insertion end

2 Section 2 of the Act is replaced by the following:

Purpose of Act

2 (1) The purpose of this Act is Insertion start to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions Insertion end .

Specific purposes of Parts 1 and 2

(2) Insertion start In furtherance of that purpose, Insertion end

Insertion start (a) Insertion end Insertion start Insertion end Insertion start Part 1 extends Insertion end the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government; Insertion start and Insertion end
Start of inserted block
(b) Part 2 sets out requirements for the proactive publication of information.
End of inserted block

Complementary procedures

Insertion start (3) Insertion end This Act is Insertion start also Insertion end intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public.

3 (1) The definition third party in section 3 of the English version of the Act is replaced by the following:

third party, in respect of a request for access to a record under Insertion start Part 1 Insertion end , means any person, group of persons or organization other than the person that made the request or a government institution. (tiers)

(2) Section 3 of the Act is amended by adding the following in alphabetical order:

business day means a day other than

(a) a Saturday;
(b) a Sunday or other holiday; and
(c) a day that falls during the Christmas recess, as defined in section 2 of the Federal Courts Rules; (jour ouvrable)

personal information has the same meaning as in section 3 of the Privacy Act; (renseignements personnels)

4 The heading “Access to Government Records” after section 3.‍2 of the Act is replaced by the following:

PART 1
Access to Government Records

Access

5 Section 5 of the Act and the heading before it are replaced by the following:

Publication of appropriate officer or employee’s title and address

5 Insertion start The head of each Insertion end government institution shall cause to be published the title and address of the appropriate officer Insertion start or employee Insertion end for Insertion start the Insertion end government institution to whom requests for access to records under this Insertion start Part Insertion end should be sent.

6 Section 6 of the Act is replaced by the following:

Request for access to record

6 A request for access to a record under this Insertion start Part Insertion end shall be made in writing to the government institution that has control of the record and shall Insertion start set out the following information and Insertion end provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort:

Start of inserted block
(a) the specific subject matter of the request;
(b) the type of record being requested;
(c) the period for which the record is being requested or the date of the record.
End of inserted block

Reasons for declining to act on request

6.‍1 (1) The head of a government institution may, before giving a person access to a record or refusing to do so, decline to act on the person’s request if, in the opinion of the head of the institution,

(a) the request does not meet the requirements set out in section 6;
(b) the person has already been given access to the record or may access the record by other means;
(c) the request is for such a large number of records or necessitates a search through such a large number of records that acting on the request would unreasonably interfere with the operations of the government institution, even with a reasonable extension of the time limit set out in section 7; or
(d) the request is vexatious, is made in bad faith or is otherwise an abuse of the right to make a request for access to records.
End of inserted block

Notice

(2) If the head of a government institution declines to act on the person’s request, they shall

(a) give the person written notice of their decision to decline to act on the request and their reasons for doing so; and
(b) state in the notice that the person has a right to make a complaint to the Information Commissioner regarding the head of the institution’s decision to decline to act on the request.
End of inserted block

7 (1) Subsections 11(1) to (3) of the Act are replaced by the following:

Application fee

11 (1) Subject to this section, a person who makes a request for access to a record under this Insertion start Part shall Insertion end pay, at the time the request is made, Insertion start any Insertion end application fee Insertion start of Insertion end not Insertion start more than Insertion end $25, Insertion start that Insertion end may be prescribed by regulation.

Additional payment

(2) The head of Insertion start the Insertion end government institution to which Insertion start the Insertion end request is made may require, in addition to the fee payable under Insertion start subsection Insertion end (1), payment of an amount Insertion start prescribed by regulation or Insertion end calculated in the manner prescribed by regulation and may require that the payment be made before access to the record is given.

(2) Subsection 11(4) of the Act is replaced by the following:

Deposit

(4) Insertion start If Insertion end the head of a government institution requires Insertion start a person to pay Insertion end an amount under subsection (2) in respect of a request for Insertion start access to Insertion end a record, the head of the institution may require that a reasonable proportion of that amount be paid as a deposit before the search or production of the record is undertaken or the part of the record is prepared for disclosure.

(3) The portion of subsection 11(5) of the Act before paragraph (a) is replaced by the following:

Notice

(5) Insertion start If Insertion end the head of a government institution requires a person to pay an amount under Insertion start subsection (2) Insertion end , the head of the institution shall

(4) Subsection 11(6) of the Act is replaced by the following:

Waiver

(6) The head of a government institution to which a request for access to a record is made under this Insertion start Part Insertion end may waive the requirement to pay a fee or amount or a part Insertion start of a fee or amount Insertion end under this section or may refund a fee or amount or a part Insertion start of a fee or amount Insertion end paid under this section.

8 The heading before section 12 of the English version of the Act is replaced by the following:

Access Insertion start Given Insertion end

9 Subsection 19(1) of the Act is replaced by the following:

Personal information

19 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Insertion start Part Insertion end that contains personal information.

10 Section 23 of the Act is replaced by the following:

Protected information — solicitors, advocates and notaries

23 The head of a government institution may refuse to disclose any record requested under this Insertion start Part Insertion end that contains information that is subject to solicitor-client privilege Insertion start or the professional secrecy of advocates and notaries or to litigation privilege Insertion end .

11 Subsection 24(2) of the Act is repealed.

12 Section 29 of the Act is repealed.

13 (1) Paragraph 30(1)‍(b) of the Act is replaced by the following:

Start of inserted block
(a.‍1) from persons who have made a request for access to a record that the head of a government institution has declined to act on;
End of inserted block
(b) from persons who have been required to pay an amount under Insertion start subsection Insertion end 11 Insertion start (2) Insertion end that they consider unreasonable;

(2) Paragraph 30(1)‍(e) of the Act is repealed.

(3) Section 30 of the Act is amended by adding the following after subsection (3):

Reasons for refusing or ceasing to investigate

(4) The Information Commissioner may refuse or cease to investigate a complaint if, in the Commissioner’s opinion,

(a) the complaint is trivial, frivolous or vexatious or is made in bad faith; or
(b) an investigation or any further investigation is unnecessary having regard to all the circumstances of the complaint, including that the complaint is already the subject of an investigation or that the subject matter of the complaint has already been the subject of a report by the Commissioner.
End of inserted block

Notice

(5) If the Information Commissioner refuses or ceases to investigate a complaint, he or she shall give a written notice to

(a) the complainant, stating the reasons for refusing or ceasing to investigate the complaint;
(b) the head of the government institution concerned, if the Commissioner provided the head of the institution with a notice under section 32;
(c) any third party that was entitled under paragraph 35(2)‍(c) to make and that made representations to the Commissioner in respect of the complaint; and
(d) the Privacy Commissioner, if the Information Commissioner consulted him or her under section 36.‍2.
End of inserted block

14 (1) Subparagraph 35(2)‍(c)‍(i) of the Act is replaced by the following:

(i) the Information Commissioner intends Insertion start to make an order, under subsection 36.‍1(1), requiring the disclosure of a record or a part of a record Insertion end  —  Insertion start or Insertion end to recommend the disclosure Insertion start of a record Insertion end or Insertion start a Insertion end part of a record — that contains, or that the Commissioner has reason to believe might contain, trade secrets of the third party, information described in paragraph 20(1)‍(b) or (b.‍1) that was supplied by the third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)‍(c) or (d) in respect of the third party, and

(2) Subsection 35(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

Start of inserted block
(d) the Privacy Commissioner, if the Information Commissioner consults him or her under section 36.‍2 or the head of the government institution concerned notifies him or her of the complaint.
End of inserted block

15 Subsection 36(2) of the Act is replaced by the following:

Access to records

(2) Insertion start Despite Insertion end any other Act of Parliament, any privilege under the law of evidence, Insertion start solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, and subject to subsection (2.‍1) Insertion end , the Information Commissioner may, during the investigation of any complaint under this Insertion start Part Insertion end , examine any record to which this Insertion start Part Insertion end applies that is under the control of a government institution, and no such record may be withheld from the Commissioner on any grounds.

Protected information — solicitors, advocates and notaries

(2.‍1) The Information Commissioner may examine a record that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the record under section 23.

For greater certainty

(2.‍2) For greater certainty, the disclosure by the head of a government institution to the Information Commissioner of a record that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that professional secrecy.

16 The Act is amended by adding the following after section 36:

Orders and Reports

Power to make order

36.‍1 (1) If, after investigating a complaint described in any of paragraphs 30(1)‍(a) to (d.‍1), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to which this Part applies that he or she considers appropriate, including requiring the head of the government institution that has control of the record in respect of which the complaint is made

(a) to disclose the record or a part of the record; and
(b) to reconsider their decision to refuse access to the record or a part of the record.
End of inserted block

Limitation

(2) The Information Commissioner is not authorized to make an order after investigating a complaint that he or she initiates under subsection 30(3).

Condition

(3) The order may include any condition that the Information Commissioner considers appropriate.

Effect

(4) The order takes effect on

(a) the 31st business day after the day on which the head of the government institution receives a report under subsection 37(2), if only the complainant and the head of the institution are provided with the report; or
(b) the 41st business day after the day on which the head of the government institution receives a report under subsection 37(2), if a third party or the Privacy Commissioner is also provided with the report.
End of inserted block

Deemed date of receipt

(5) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the day on which the order is made.

Consulting Privacy Commissioner

36.‍2 If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the head of the institution refuses to disclose under subsection 19(1), the Information Commissioner may consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.

Notice to third parties

36.‍3 (1) If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the Commissioner has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)‍(b) or (b.‍1) that was supplied by a third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)‍(c) or (d) in respect of a third party, the Commissioner shall make every reasonable effort to give the third party written notice of the Commissioner’s intention.

Contents of notice

(2) The notice must include

(a) a statement that the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that might contain material or information described in subsection (1);
(b) a description of the contents of the record or the part of the record that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and
(c) a statement that the third party may, within 20 days after the notice is given, make representations to the Commissioner as to why the record or the part of the record should not be disclosed.
End of inserted block

17 Section 37 of the Act is replaced by the following:

Information Commissioner’s initial report to government institution

37 (1) If, on investigating a complaint under this Part, the Information Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution Insertion start concerned Insertion end with a report Insertion start that sets out Insertion end

(a) the findings of the investigation and any recommendations that the Commissioner considers appropriate;
Start of inserted block
(b) any order that the Commissioner intends to make; and
End of inserted block
Insertion start (c) Insertion end Insertion start Insertion end Insertion start the period within which the head of the government institution shall give Insertion end notice to the Commissioner of Insertion start the Insertion end action taken or proposed to be taken to implement the Insertion start order or Insertion end recommendations Insertion start set out Insertion end in the report or reasons why no such action has been or is proposed to be taken.

Final report to complainant, government institution and other persons

(2) The Information Commissioner shall, after investigating a complaint under this Part, Insertion start provide a Insertion end report Insertion start that sets out the Insertion end results of the investigation Insertion start and any order or recommendations that he or she makes Insertion end to the complainant, Insertion start the head of the government institution Insertion end , any third party that was entitled under Insertion start paragraph Insertion end 35(2) Insertion start (c) Insertion end to make and that made representations to the Commissioner in respect of the complaint, Insertion start and the Privacy Commissioner if the report sets out an order requiring the head of the government institution to disclose a record or a part of a record that the head of the institution refuses to disclose under subsection 19(1), Insertion end but no report Insertion start is to Insertion end be made under this subsection Insertion start and no order is to be made Insertion end until the Insertion start expiry Insertion end of the time within which the notice Insertion start referred to in paragraph (1)‍(c) Insertion end is to be given to the Insertion start Information Insertion end Commissioner.

Contents of report

(3) The Insertion start Information Insertion end Commissioner may include in the report Insertion start referred to in subsection (2) any Insertion end comments on the matter Insertion start that Insertion end he Insertion start or she Insertion end thinks fit and shall Insertion start include in that report Insertion end

Start of inserted block
(a) a summary of any notice that he or she receives under paragraph (1)‍(c);
(b) a statement that any person to whom the report is provided has the right to apply for a review under section 41, within the period specified for exercising that right, and that the person must comply with section 43 if they exercise that right;
(c) a statement that if no person applies for a review within the period specified for doing so, any order set out in the report takes effect in accordance with subsection 36.‍1(4); and
(d) a statement, if applicable, that the Information Commissioner will provide a third party or the Privacy Commissioner with the report.
End of inserted block

Access to be given

(4) Insertion start If Insertion end the head of a government institution gives notice to the Information Commissioner under paragraph (1)‍( Insertion start c Insertion end ) that access to a record or Insertion start a Insertion end part Insertion start of a record Insertion end will be given to a complainant, the head of the institution shall give the complainant access to the record or Insertion start the Insertion end part Insertion start of the record Insertion end

Start of inserted block
(a) on receiving the report under subsection (2) or within any period specified in the Commissioner’s order, if only the complainant and the head of the institution are provided with the report; or
(b) on the expiry of the 40th business day after the day on which the head of the government institution receives the report under subsection (2) or within any period specified in the Commissioner’s order that begins on the expiry of that 40th business day, if a third party or the Privacy Commissioner are also provided with the report, unless a review is applied for under section 41.
End of inserted block

18 Subsection 40(2) of the Act is replaced by the following:

Reference to Parliamentary committee

(2) Every report referred to in subsection (1) shall, after it is transmitted for tabling Insertion start under Insertion end that subsection, be referred to the committee designated or established by Parliament for the purpose of Insertion start section 99 Insertion end .

19 Sections 41 to 43 of the Act are replaced by the following:

Review by Federal Court — complainant

41 Insertion start (1) Insertion end Insertion start Insertion end Insertion start A person who makes a complaint described in any of paragraphs 30(1)‍(a) to (d.‍1) and who receives a report Insertion end under subsection 37(2) Insertion start in respect of the complaint Insertion end may, within Insertion start 30 business Insertion end days after Insertion start the day on which the head of the government institution receives the report Insertion end , apply to the Court for a review of the matter Insertion start that is the subject of the complaint Insertion end .

Review by Federal Court — government institution

(2) The head of a government institution who receives a report under subsection 37(2) may, within 30 business days after the day on which they receive it, apply to the Court for a review of any matter that is the subject of an order set out in the report.

Review by Federal Court — third parties

(3) If neither the person who made the complaint nor the head of the government institution makes an application under this section within the period for doing so, a third party who receives a report under subsection 37(2) may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of the application of any exemption provided for under this Part that may apply to a record that might contain information described in subsection 20(1) and that is the subject of the complaint in respect of which the report is made.

Review by Federal Court — Privacy Commissioner

(4) If neither the person who made the complaint nor the head of the institution makes an application under this section within the period for doing so, the Privacy Commissioner, if he or she receives a report under subsection 37(2), may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of any matter in relation to the disclosure of a record that might contain personal information and that is the subject of the complaint in respect of which the report is made.

Respondents

(5) The person who applies for a review under subsection (1), (3) or (4) may name only the head of the government institution concerned as the respondent to the proceedings. The head of the government institution who applies for a review under subsection (2) may name only the Information Commissioner as the respondent to the proceedings.

Deemed date of receipt

(6) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the day on which the order is made.

Operation of order stayed

41.‍1 (1) Subject to subsection (2), the making of an application under section 41 operates as a stay of any order set out in a report received under subsection 37(2) by the person who made the application until the proceedings are finally concluded.

Part of order operative

(2) If all of the persons who received the report agree in writing, any part of the order that relates to a matter that is not the subject of the proceedings becomes operative.

Parties to review

41.‍2 (1) If a person who receives a report under subsection 37(2) applies to the Court for a review under section 41, any other person who received the report under that subsection has the right to appear as a party to the review.

Scope of proceedings

(2) If a complainant, a third party or the Privacy Commissioner files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection 41(1), they may raise for determination by the Court any matter in respect of which they may make an application under section 41.

Burden of proof – party

(3) If a third party or the Privacy Commissioner raises a matter for determination by the court under subsection (2), the burden of establishing that the disclosure of a record requested under this Part or a part of such a record is not authorized is on the person who raises the matter.

Information Commissioner may appear

42 The Information Commissioner may

(a) appear before the Court on behalf of Insertion start a complainant Insertion end ; or
(b) appear as a party to any review applied for under section 41 or, with leave of the Court, Insertion start as a party to any review applied for under section Insertion end 44.

Service on head of government institution

43 (1) If a complainant, a third party or the Privacy Commissioner makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the head of the government institution who received the report under subsection 37(2).

Service or notice

(2) If the head of a government institution makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the persons who are entitled to be provided a report under subsection 37(2) and on the Information Commissioner. However, if the head of the institution is served with a copy of an originating document under subsection (1), he or she shall, as soon as possible after being served, give written notice of the application to those persons and to the Information Commissioner, unless any of those persons or the Commissioner has already been served with a copy of the document.

20 Subsections 44(1) and (2) of the Act are replaced by the following:

Third party may apply for review

44 (1) Any third party to whom the head of a government institution is required under paragraph 28(1)‍(b) to give notice of a decision to disclose a record or a part Insertion start of a record Insertion end under this Insertion start Part Insertion end may, within 20 days after the notice is given, apply to the Court for a review of the matter.

Notice to person who requested record

(2) The head of a government institution who has given notice under paragraph 28(1)‍(b) that a record requested under this Insertion start Part Insertion end or a part Insertion start of such a record Insertion end will be disclosed shall, on being given notice of an application made under subsection (1) in respect of the disclosure, give written notice of the application to the person who requested access to the record.

21 Section 45 of the Act is replaced by the following:

De novo review

44.‍1 For greater certainty, an application under section 41 or 44 is to be heard and determined as a new proceeding.

Hearing in summary way

45 An application made under section 41 or 44 Insertion start is to Insertion end be heard and determined in a summary way in accordance with any special rules made in respect of such applications Insertion start under Insertion end section 46 of the Federal Courts Act.

22 (1) Section 46 of the Act is replaced by the following:

Access to records

46 Insertion start Despite Insertion end any other Act of Parliament, any privilege under the law of evidence, Insertion start solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege Insertion end , the Court may, in the course of any proceedings before Insertion start it Insertion end arising from an application under section 41, 42 or 44, examine any record to which this Insertion start Part Insertion end applies that is under the control of a government institution, and no such record may be withheld from the Court on any grounds.

(2) Section 46 of the Act is replaced by the following:

Access to records

46 Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41 or 44, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Court on any grounds.

23 The portion of subsection 47(1) of the Act before paragraph (a) is replaced by the following:

Court to take precautions against disclosing

47 (1) In any proceedings before the Court arising from an application under section 41 or 44, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera, to avoid the disclosure by the Court or any person of

24 Section 48 of the Act is replaced by the following:

Burden of proof — subsection 41(1) or (2)

48 Insertion start (1) Insertion end In any proceedings before the Court arising from an application under Insertion start subsection Insertion end 41(1) Insertion start or (2) Insertion end , the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Part or a part Insertion start of such a record or to make the decision or take the action that is the subject of the proceedings is Insertion end on the government institution concerned.

Burden of proof — subsection 41(3) or (4)

(2) In any proceedings before the Court arising from an application under subsection 41(3) or (4), the burden of establishing that the head of a government institution is not authorized to disclose a record that is described in that subsection and requested under this Part or a part of such a record is on the person who made that application.

25 The Act is amended by adding the following after section 50:

Order of Court if authorization to refuse disclosure found

50.‍1 The Court shall, if it determines that the head of a government institution is authorized to refuse to disclose a record or a part of a record on the basis of a provision of this Part not referred to in section 50 or that the head of the institution has reasonable grounds on which to refuse to disclose a record or a part of a record on the basis of section 14 or 15 or paragraph 16(1)‍(c) or (d) or 18(d), make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to the matter that is the subject of the proceedings, or shall make any other order that it considers appropriate.

Order of Court — other decisions or actions

50.‍2 If the subject matter of the proceedings before the Court is the decision or action of the head of a government institution, other than a decision or action referred to in any of sections 49 to 50.‍1, the Court shall,

(a) if it determines that the head of the institution is not authorized to make that decision or to take that action, make an order declaring that the head of the institution is required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate; or
(b) if it determines that the head of the institution is authorized to make that decision or to take that action, make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate.
End of inserted block

Incompatible provisions

50.‍3 An order of the Court made under any of sections 49 to 50.‍2 has the effect of rescinding the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are incompatible with the Court’s order.

Court to specify rescinded provisions

50.‍4 The Court must specify in any order that it makes under any of sections 49 to 50.‍2 the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are rescinded under section 50.‍3.

26 Subsection 52(1) of the Act is replaced by the following:

Applications relating to international affairs or defence

52 (1) An application under section 41 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)‍(a) or (b) or section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications.

27 Subsection 53(2) of the Act is replaced by the following:

Costs — important new principle

(2) Insertion start If Insertion end the Court is of the opinion that an application for review under section 41 has raised an important new principle in relation to this Part, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.

28 Subsection 57(1) of the English version of the Act is replaced by the following:

Duties generally

57 (1) An Assistant Information Commissioner shall engage exclusively in such duties or functions of the office of the Information Commissioner under this Insertion start Part Insertion end or Insertion start under Insertion end any other Act of Parliament as are delegated by the Information Commissioner to that Assistant Information Commissioner and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.

29 Paragraph 59(1)‍(b) of the Act is replaced by the following:

(b) in any case, the powers, duties or functions set out in sections Insertion start 36.‍1 Insertion end , 38 and 39.

30 Subparagraph 63(1)‍(a)‍(ii) of the Act is replaced by the following:

(ii) establish the grounds for findings, recommendations and Insertion start orders set out Insertion end in any report under this Part; or

31 The portion of section 68 of the Act before paragraph (a) is replaced by the following:

Part 1 does not apply to certain materials

68 This Insertion start Part Insertion end does not apply to

32 The heading before section 70 of the Act is replaced by the following:

Designated Minister’s Duties and Functions

33 Paragraphs 70(1)‍(b) to (d) of the Act are replaced by the following:

(b) prescribe Insertion start any Insertion end forms Insertion start that Insertion end may be required for the operation of this Insertion start Part Insertion end and the regulations Insertion start made under this Part Insertion end ;
(c) cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Insertion start Part Insertion end and the regulations Insertion start made under this Part Insertion end ; and
( Insertion start d Insertion end ) cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Insertion start Part Insertion end and the regulations relating to access Insertion start to records and cause to be published on an annual basis a report containing a summary of those statistics Insertion end .

34 Section 71 of the Act is replaced by the following:

Regulations

Governor in Council

71 The Governor in Council may make regulations

(a) prescribing limitations in respect of the format in which records are to be provided under subsection 4(2.‍1);
(b) prescribing limitations in respect of records that can be produced from machine readable records for the purpose of subsection 4(3);
(c) prescribing the procedure to be followed in making and responding to a request for access to a record under this Part;
(d) prescribing, for the purpose of subsection 8(1), the conditions under which a request may be transferred from one government institution to another;
(e) prescribing a fee for the purposes of subsection 11(1) and prescribing an amount for the purposes of subsection 11(2) or the manner of calculating the amount;
(f) prescribing, for the purpose of subsection 12(1), the manner or place in which access to a record or a part of a record shall be given;
(g) specifying investigative bodies for the purpose of paragraph 16(1)‍(a);
(h) specifying classes of investigations for the purpose of paragraph 16(4)‍(c); and
(i) prescribing the procedures to be followed by the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose a record or a part of a record under paragraph 13(1)‍(a) or (b) or section 15.
End of inserted block

35 The Act is amended by adding the following after section 71:

PART 2
Proactive Publication of Information

36 The Act is amended by adding the following after the heading of Part 2:

Senate, House of Commons and Parliamentary Entities

Interpretation

Definition of quarter

71.‍01 In sections 71.‍02 to 71.‍14, quarter means a three-month period that begins on the first day of January, April, July or October.

Senators

Travel expenses

71.‍02 Within 90 days after the end of the quarter in which any travel expenses incurred by a Senator are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:

(a) the Senator’s name;
(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.
End of inserted block

Hospitality expenses

71.‍03 Within 90 days after the end of the quarter in which any expenses incurred by a Senator for a hospitality activity are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:

(a) the Senator’s name;
(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.
End of inserted block

Contracts

71.‍04 (1) Within 90 days after the end of the quarter in which a contract is entered into by a Senator with respect to Senate business, including a contract for professional, technical or administrative services or expertise, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:

(a) the Senator’s name;
(b) the subject matter of the contract;
(c) the names of the other parties;
(d) the contract period; and
(e) the value of the contract.
End of inserted block

Increase or decrease in value of contract

(2) Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the Senate shall cause to be published on the Senate’s website the value of the contract as amended.

Members of the House of Commons

Travel expenses

71.‍05 Within 90 days after the end of the quarter in which any travel expenses incurred by a member of the House of Commons are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:

(a) the member’s name;
(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 for all travel expenses.
End of inserted block

Hospitality expenses

71.‍06 Within 90 days after the end of the quarter in which any expenses incurred by a member of the House of Commons for a hospitality activity are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:

(a) the member’s name;
(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.
End of inserted block

Contracts

71.‍07 (1) Within 90 days after the end of the quarter in which a contract is entered into by a member of the House of Commons with respect to House of Commons business, including a contract for professional, technical or administrative services or expertise, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:

(a) the member’s name;
(b) the subject matter of the contract;
(c) the names of the other parties;
(d) the contract period; and
(e) the value of the contract.
End of inserted block

Increase or decrease in value of contract

(2) Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the value of the contract as amended.

Parliamentary Entities

Definition of head of a parliamentary entity

71.‍08 In sections 71.‍09 to 71.‍11, head of a parliamentary entity means

(a) in respect of any administrative unit of the Senate — including a business sector, an operational division or a directorate — the person or committee that the Senate, by its rules or orders, designates;
(b) in respect of the office of the Senate Ethics Officer, the Speaker of the Senate;
(c) in respect of any administrative unit of the House of Commons, the Speaker of the House of Commons;
(d) in respect of the office of the Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons;
(e) in respect of the Library of Parliament, the Speaker of the Senate and the Speaker of the House of Commons, jointly; and
(f) in respect of the Parliamentary Protective Service, the Speaker of the Senate and the Speaker of the House of Commons, jointly.
End of inserted block

Travel expenses

71.‍09 Within 60 days after the end of the quarter in which any travel expenses incurred by an employee of a parliamentary entity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:

(a) the employee’s name;
(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.
End of inserted block

Hospitality expenses

71.‍1 Within 60 days after the end of the quarter in which any expenses incurred by an employee of a parliamentary entity for a hospitality activity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:

(a) the employee’s name;
(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.
End of inserted block

Contracts over $10,000

71.‍11 (1) Within 60 days after the end of the quarter in which a contract that is in relation to the activities of a parliamentary entity and that has a value of more than $10,000 is entered into, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:

(a) the subject matter of the contract;
(b) the names of the parties;
(c) the contract period; and
(d) the value of the contract.
End of inserted block

Contracts of $10,000 or less

(2) Within 60 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a parliamentary entity and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the head of the parliamentary entity shall cause to be published on the entity’s website the information referred to in paragraphs (1)‍(a) to (d) with respect to the contract as amended.

Increase or decrease in value of contract

(3) Within 60 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, the head of the parliamentary entity shall cause to be published on the entity’s website the value of the contract as amended.

Parliamentary Privilege and Security of Persons, Infrastructure and Goods

Parliamentary privilege

71.‍12 Sections 71.‍02 to 71.‍11 do not apply to any of the information or any part of the information referred to in those sections if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines that the publication would constitute a breach of parliamentary privilege.

Security of persons, infrastructure and goods

71.‍13 The Speaker of the Senate, the Speaker of the House of Commons or the person or committee designated for the purposes of paragraph 71.‍08(a), 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 71.‍09 to 71.‍11 if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines, after receiving the advice of the Parliamentary Protective Service or any administrative unit of the Senate or of the House of Commons, that the publication could compromise the security of persons, infrastructure or goods in the parliamentary precinct, as defined in section 79.‍51 of the Parliament of Canada Act.

Final decision

71.‍14 A determination by the Speaker of the Senate, the Speaker of the House of Commons or a delegate of either Speaker that a publication would constitute a breach of parliamentary privilege or could compromise the security of persons, infrastructure or goods is final.

37 Sections 72 to 77 of the Act are replaced by the following:

Ministers

Definitions

72 The following definitions apply in sections 73 to 80.

minister includes the Prime Minister and any Minister of State or Associate Minister. (ministre)

ministerial adviser has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (conseiller ministériel)

ministerial staff has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (personnel ministériel)

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

Mandate letters

73 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.

Briefing materials

74 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.
End of inserted block

Travel expenses

75 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.
End of inserted block

Hospitality expenses

76 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.
End of inserted block

Contracts over $10,000

77 (1) 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 more than $10,000, the minister shall cause to be published in electronic form the following information:

(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.
End of inserted block

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, 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.

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, the minister shall cause to be published in electronic form the value of the contract as amended.

Expense reports

78 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.

Form of publications

79 (1) The designated Minister shall specify the form of the publications referred to in sections 74 to 78.

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.

Publication not required

80 (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.

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.

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

Definitions

81 The following definitions apply in sections 82 to 90.

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

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)

Travel expenses

82 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.
End of inserted block

Hospitality expenses

83 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.
End of inserted block

Reports tabled in Parliament

84 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.

Reclassification of positions

85 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.
End of inserted block

Contracts over $10,000

86 (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.
End of inserted block

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, 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.

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, the head of the government entity shall cause to be published in electronic form the value of the contract as amended.

Grants and contributions over $25,000

87 (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.
End of inserted block

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.

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.

Briefing materials

88 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.
End of inserted block

Form of publications

89 (1) The designated Minister shall specify the form of the publications referred to in sections 82 to 88.

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.

Publication not required

90 (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.

Publication not permitted

General

Information Commissioner

91 Despite any provision of Part 1, the Information Commissioner shall not exercise his or her powers or perform his or her duties and functions under that Part in respect of any matter relating to this Part, including

(a) any information or materials that must be published under this Part; and
(b) the exercise of a power or the performance of a duty or function under this Part by any person or entity.
End of inserted block

PART 3
General

Designated Minister’s power

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

Five-year review

93 (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.

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.

Annual report — government institutions

94 (1) Insertion start Every year Insertion end the head of every government institution shall prepare Insertion start a Insertion end report on the administration of this Act within the institution during Insertion start the period beginning on April 1 of the preceding year and ending on March 31 of the current year Insertion end .

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 Insertion start on which Insertion end that House is sitting Insertion start after September 1 of the year in which the report is prepared Insertion end .

Reference to Parliamentary committee

(3) Every report prepared under subsection (1) shall, after it is laid before Insertion start both Houses Insertion end under subsection (2), be referred to the committee designated or established by Parliament for the purpose of Insertion start section 99 Insertion end .

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.

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).

Delegation by head of government institution

95 Insertion start (1) Insertion end The head of a government institution may, by order, Insertion start delegate Insertion end any of Insertion start their Insertion end powers, duties or functions under this Act to one or more officers or employees of that institution.

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.

Provision of services related to access to information

96 (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution.

Written agreement

(2) A government institution may provide services under subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services.

Notice

(3) The head of a government institution to which the services are provided shall provide a copy of the agreement to the Information Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Information Commissioner and the designated Minister of any material change to that agreement.

Fees

(4) The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.

Spending authority

(5) The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.

Records not under control of institution

97 The records that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 96(1) are not under the control of that other institution.

Protection from civil proceeding or from prosecution — Part 1

98 (1) Insertion start Despite Insertion end any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any record or any part of a record Insertion start under Part 1 Insertion end , for any consequences that flow from that disclosure, or for the failure to give any notice required under Insertion start Part 1 Insertion end if reasonable care is taken to give the required notice.

Protection from civil proceeding or from prosecution — Part 2

(2) Despite any other Act of Parliament, no civil or criminal proceedings lie against any person who is required to cause to be published any information or any materials, in whole or in part, under Part 2 or against any person acting on behalf or under the direction of that person, and no proceedings lie against the Crown or any entity, for the publication in good faith of any information or any materials, in whole or in part, under Part 2, or for any consequences that flow from that publication.

Permanent review of Act by Parliamentary committee

99 The administration of this Act shall be reviewed on a permanent basis by Insertion start any Insertion end committee of the House of Commons, of the Senate or of both Houses of Parliament Insertion start that Insertion end may be designated or established by Parliament for that purpose.

Binding on Crown

100 This Act is binding on Her Majesty in right of Canada.

Regulations

101 (1) The Governor in Council may make regulations prescribing criteria for adding, Insertion start under paragraph (2)‍(a), the name of Insertion end a body or office to Schedule I.

Amendments to Schedule I

(2) The Governor in Council may, by order,

(a) Insertion start add to Insertion end Schedule I Insertion start the name of Insertion end any department, ministry of state, body or office of the Government of Canada;
Start of inserted block
(b) replace in Schedule I the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and
(c) delete from Schedule I the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada.
End of inserted block

38 The Act is amended by adding the following after section 90:

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

Interpretation

Definitions

90.‍01 The following definitions apply in sections 90.‍02 to 90.‍25.

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

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

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

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

Office of the Registrar of the Supreme Court of Canada

Definitions

90.‍02 The following definitions apply in this section and sections 90.‍03 to 90.‍09.

Deputy Registrar means the Deputy Registrar of the Supreme Court. (registraire adjoint)

Office of the Registrar of the Supreme Court means the Registrar and that portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act. (Bureau du registraire de la Cour Suprême)

Supreme Court means the Supreme Court of Canada. (Cour suprême)

Travel expenses — Registrar and Deputy Registrar

90.‍03 Within 30 days after the end of the quarter in which any travel expenses incurred by the Registrar or the Deputy Registrar are reimbursed, the Registrar shall cause to be published in electronic form the following information:

(a) the Registrar’s or Deputy Registrar’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; and
(f) the total amount of the travel expenses.
End of inserted block

Hospitality expenses — Registrar and Deputy Registrar

90.‍04 Within 30 days after the end of the quarter in which any expenses incurred by the Registrar or the Deputy Registrar for a hospitality activity are reimbursed, the Registrar shall cause to be published in electronic form the following information:

(a) the Registrar’s or Deputy Registrar’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; and
(g) the total amount of the expenses for the hospitality activity.
End of inserted block

Contracts over $10,000

90.‍05 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of more than $10,000 is entered into, the Registrar shall cause to be published in electronic form the following information:

(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.
End of inserted block

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 the Office of the Registrar of the Supreme Court and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Registrar 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.

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, the Registrar shall cause to be published in electronic form the value of the contract as amended.

Incidental expenditures — judges

90.‍06 Within 30 days after the end of the quarter in which any incidental expenditure incurred by a judge of the Supreme Court is reimbursed under subsection 27(1) of the Judges Act, the Registrar shall cause to be published in electronic form the following information:

(a) the judge’s name;
(b) a description of the incidental expenditure;
(c) the date on which the incidental expenditure was incurred; and
(d) the total amount of the incidental expenditure.
End of inserted block

Representational allowances — judges

90.‍07 Within 30 days after the end of the quarter in which any travel or other expenses incurred by a judge of the Supreme Court or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Registrar shall cause to be published in electronic form the following information:

(a) the judge’s name;
(b) a description of the expenses;
(c) the dates on which the expenses were incurred; and
(d) the total amount of the expenses.
End of inserted block

Travel allowances — judges

90.‍08 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by a judge of the Supreme Court are reimbursed under section 34 of the Judges Act as a travel allowance, the Registrar shall cause to be published in electronic form the following information:

(a) the judge’s name;
(b) a description of the expenses;
(c) the dates on which the expenses were incurred; and
(d) the total amount of the expenses.
End of inserted block

Conference allowances — judges

90.‍09 Within 30 days after the end of the quarter in which any travel or other expenses incurred by a judge of the Supreme Court are reimbursed under section 41 of the Judges Act as a conference allowance, the Registrar shall cause to be published in electronic form the following information:

(a) the judge’s name;
(b) a description of the expenses;
(c) the dates on which the expenses were incurred; and
(d) the total amount of the expenses.
End of inserted block

Courts Administration Service

Definition of Service

90.‍1 In sections 90.‍11 to 90.‍13, Service means the Courts Administration Service.

Travel expenses — Chief Administrator and deputies

90.‍11 Within 30 days after the end of the quarter in which any travel expenses incurred by the Chief Administrator or any Deputy Chief Administrator are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:

(a) the Chief Administrator’s or Deputy Chief Administrator’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; and
(f) the total amount of the travel expenses.
End of inserted block

Hospitality expenses — Chief Administrator and deputies

90.‍12 Within 30 days after the end of the quarter in which any expenses incurred by the Chief Administrator or any Deputy Chief Administrator for a hospitality activity are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:

(a) the Chief Administrator’s or Deputy Chief Administrator’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; and
(g) the total amount of the expenses for the hospitality activity.
End of inserted block

Contracts over $10,000

90.‍13 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Service and that has a value of more than $10,000 is entered into, the Chief Administrator shall cause to be published in electronic form the following information:

(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.
End of inserted block

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 the Service and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Chief Administrator 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.

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, the Chief Administrator shall cause to be published in electronic form the value of the contract as amended.

Office of the Commissioner for Federal Judicial Affairs

Definitions

90.‍14 The following definitions apply in sections 90.‍15 to 90.‍21.

judge means a judge of a superior court other than the Supreme Court of Canada. (juge)

Office means the Office of the Commissioner for Federal Judicial Affairs. (Bureau)

Travel expenses — Commissioner and deputies

90.‍15 Within 30 days after the end of the quarter in which any travel expenses incurred by the Commissioner or any Deputy Commissioner are reimbursed, the Commissioner shall cause to be published in electronic form the following information:

(a) the Commissioner’s or Deputy Commissioner’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; and
(f) the total amount of the travel expenses.
End of inserted block

Hospitality expenses — Commissioner and deputies

90.‍16 Within 30 days after the end of the quarter in which any expenses incurred by the Commissioner or any Deputy Commissioner for a hospitality activity are reimbursed, the Commissioner shall cause to be published in electronic form the following information:

(a) the Commissioner’s or Deputy Commissioner’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; and
(g) the total amount of the expenses for the hospitality activity.
End of inserted block

Contracts over $10,000

90.‍17 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office and that has a value of more than $10,000 is entered into, the Commissioner shall cause to be published in electronic form the following information:

(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.
End of inserted block

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 the Office and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Commissioner 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.

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, the Commissioner shall cause to be published in electronic form the value of the contract as amended.

Incidental expenditures — judges

90.‍18 Within 30 days after the end of the quarter in which any incidental expenditure incurred by a judge 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 judge’s name;
(b) a description of the incidental expenditure;
(c) the date on which the incidental expenditure was incurred; and
(d) the total amount of the incidental expenditure.
End of inserted block

Representational allowances — judges

90.‍19 Within 30 days after the end of the quarter in which any travel or other expenses incurred by a 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 judge’s name;
(b) a description of the expenses;
(c) the dates on which the expenses were incurred; and
(d) the total amount of the expenses.
End of inserted block

Travel allowances — judges

90.‍2 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by a judge 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 judge’s name;
(b) a description of the expenses;
(c) the dates on which the expenses were incurred; and
(d) the total amount of the expenses.
End of inserted block

Conference allowances — judges

90.‍21 Within 30 days after the end of the quarter in which any travel or other expenses incurred by a judge 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 judge’s name;
(b) a description of the expenses;
(c) the dates on which the expenses were incurred; and
(d) the total amount of the expenses.
End of inserted block

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

Judicial independence

90.‍22 Sections 90.‍03 to 90.‍09, 90.‍11 to 90.‍13 and 90.‍15 to 90.‍21 do not apply to any of the information or any part of the information referred to in those sections if the Registrar, the Chief Administrator or the Commissioner, as applicable, determines that the publication could interfere with judicial independence.

Protected information and security

90.‍23 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.
End of inserted block

Final decision

90.‍24 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.

Canadian Judicial Council

90.‍25 Sections 90.‍06 to 90.‍09 and 90.‍17 to 90.‍21 do not apply to any of the information or any part of the information referred to in those sections if it is in respect of an expenditure, expense or contract that is related to the activities of the Canadian Judicial Council.

Terminological Changes

Replacement of “this Act”

39 The Act is amended by replacing “this Act” with “this Part” in the following provisions:

(a) subsections 4(1) and (3);
(b) subsections 10(1) and (3);
(c) section 25;
(d) the portion of subsection 30(1) before paragraph (a), paragraphs 30(1)‍(a) and (f) and subsections 30(2) and (3);
(e) section 32;
(f) section 34;
(g) subsections 36(1) and (3);
(h) section 41;
(i) paragraph 47(1)‍(a);
(j) section 49;
(k) subsection 53(2);
(l) section 62;
(m) subparagraphs 63(1)‍(a)‍(i) and (ii) and paragraph 63(1)‍(b);
(n) the portion of section 64 before paragraph (b);
(o) sections 65 and 66;
(p) subsection 67(1);
(q) subsection 67.‍1(1);
(r) sections 68.‍1 and 68.‍2;
(s) subsection 69(1);
(t) section 69.‍1; and
(u) paragraph 70(1)‍(a).

Replacement of “this or any other Act”

40 The Act is amended by replacing “this or any other Act” with “this Part or under any other Act” in the following provisions:

(a) subsections 55(1) and (2);
(b) subsection 57(2);
(c) subsections 58(1) and (2);
(d) the portion of subsection 59(1) before paragraph (a) and subsection 59(3); and
(e) section 61.

Replacement of “this Act”

41 The English version of the Act is amended by replacing “this Act” with “this Part” in the following provisions:

(a) section 7;
(b) subsection 8(1);
(c) subsection 9(1);
(d) section 12;
(e) subsections 13(1) and (2);
(f) section 14;
(g) subsection 15(1);
(h) subsections 16(1) to (3);
(i) subsection 16.‍1(1);
(j) subsection 16.‍2(1);
(k) sections 16.‍3 and 16.‍31;
(l) subsection 16.‍4(1);
(m) sections 16.‍5 to 18;
(n) subsection 18.‍1(1);
(o) subsection 19(2);
(p) subsections 20(1), (3) and (6);
(q) sections 20.‍1 to 20.‍4;
(r) subsection 21(1);
(s) section 22;
(t) subsection 22.‍1(1);
(u) subsection 24(1);
(v) section 26;
(w) subsections 27(1) and (4);
(x) subsections 28(3) and (4);
(y) subsection 29(1);
(z) section 31;
(z.‍1) section 33;
(z.‍2) subsection 35(1) and the portion of subsection 35(2) before paragraph (a);
(z.‍3) subsections 37(1), (2) and (5);
(z.‍4) subsection 39(2);
(z.‍5) section 42;
(z.‍6) subsection 43(1);
(z.‍7) subsections 44(1) and (2);
(z.‍8) paragraph 47(1)‍(b);
(z.‍9) section 48;
(z.‍10) section 50;
(z.‍11) subsection 53(1); and
(z.‍12) paragraph 64(b).

Transitional Amendments

Same meaning

42 The words and expressions used in sections 43 to 45 have the same meaning as in the Access to Information Act.

Declining to act on request

43 The head of a government institution may decline to act on a person’s request for access to a record under subsection 6.‍1(1) of the Access to Information Act only if that request is made on or after the day on which section 6 of this Act comes into force.

Refusing or ceasing to investigate complaint

44 The Information Commissioner may refuse or cease to investigate a complaint under subsection 30(4) of the Access to Information Act only if that complaint is made on or after the day on which section 13 of this Act comes into force.

Power to make order

45 The Information Commissioner may make an order under subsection 36.‍1(1) of the Access to Information Act only in respect of a complaint that is made on or after the day on which section 16 of this Act comes into force.

Non-application of Part 2

46 A provision of Part 2 of the Access to Information Act that requires the publication of any information or any materials does not apply to

(a) any expenses or expenditures that were incurred before the coming into force of that provision;
(b) any contract, agreement or arrangement that was entered into before that date;
(c) any letter that, before that date, established the mandate of a minister;
(d) any briefing materials, memoranda or question period notes that were prepared before that date;
(e) any report that was tabled in the Senate or the House of Commons before that date; or
(f) any occupied position in a government institution that was reclassified before that date.

R.‍S.‍, c. P-21

Privacy Act

47 The definition personal information in section 3 of the Privacy Act is amended by adding the following after paragraph (j):

Start of inserted block
(j.‍1) the fact that an individual is or was a ministerial adviser or a member of a ministerial staff, as those terms are defined in subsection 2(1) of the Conflict of Interest Act, as well as the individual’s name and title;
End of inserted block

48 Subsection 22.‍1(1) of the Act is replaced by the following:

Information obtained by Privacy Commissioner

22.‍1 (1) The Privacy Commissioner shall refuse to disclose any personal information requested under this Act that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner Insertion start or that was obtained by the Commissioner in the course of a consultation with the Information Commissioner under section 36.‍2 of the Access to Information Act or as the result of being notified by the head of a government institution that a complaint has been made under Part 1 of that Act Insertion end .

49 Section 27 of the Act and the heading before it are replaced by the following:

Privilege Insertion start and Professional Secrecy Insertion end

Protected information — solicitors, advocates and notaries

27 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is subject to solicitor-client privilege Insertion start or the professional secrecy of advocates and notaries or to litigation privilege Insertion end .

50 Subsection 34(2) of the Act is replaced by the following:

Access to information

(2) Insertion start Despite Insertion end any other Act of Parliament, any privilege under the law of evidence, Insertion start solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, and subject to subsection (2.‍1) Insertion end , the Privacy Commissioner may, during the investigation of any complaint under this Act, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Commissioner may examine under this subsection may be withheld from the Commissioner on any grounds.

Protected information — solicitors, advocates and notaries

(2.‍1) The Privacy Commissioner may examine information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the information under section 27.

For greater certainty

(2.‍2) For greater certainty, the disclosure by the head of a government institution to the Privacy Commissioner of information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that professional secrecy.

51 Section 45 of the Act is replaced by the following:

Access to information

45 Insertion start Despite Insertion end any other Act of Parliament, any privilege under the law of evidence, Insertion start solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege Insertion end , the Court may, in the course of any proceedings before Insertion start it Insertion end arising from an application under section 41, 42 or 43, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Court may examine under this section may be withheld from the Court on any grounds.

52 Paragraph 64(1)‍(b) of the Act is replaced by the following:

(b) in the course of a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act Insertion start or Insertion end a review before the Court under this Act Insertion start or Part 1 of the Access to Information Act Insertion end or an appeal Insertion start from a review of that Court Insertion end .

53 Section 66 of the Act is replaced by the following:

No summons

66 The Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal Insertion start from a review of that Court Insertion end .

For greater certainty

66.‍1 For greater certainty, sections 63 and 66 apply if the Privacy Commissioner is consulted by the Information Commissioner under section 36.‍2 of the Access to Information Act.

54 The Act is amended by adding the following after section 71:

Designated Minister’s power

71.‍1 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.

55 (1) Subsections 72(1) and (2) of the Act are replaced by the following:

Annual report — government institutions

72 (1) Insertion start Every year Insertion end the head of every government institution shall prepare Insertion start a Insertion end report on the administration of this Act within the institution during Insertion start the period beginning on April 1 of the preceding year and ending on March 31 of the current year Insertion end .

Tabling of report

(2) Section 72 of the Act is amended by adding the following after subsection (3):

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.

56 Section 73 of the Act is replaced by the following:

Delegation by head of government institution

73 Insertion start (1) Insertion end The head of a government institution may, by order, Insertion start delegate Insertion end any of Insertion start their Insertion end powers, duties or functions under this Act to one or more officers or employees of that institution.

Delegation to officers or employees of other government institution

(2) The head of a government institution may, for the purposes of subsection 73.‍1(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.

Provision of services related to access to information

73.‍1 (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution.

Written agreement

Notice

(3) The head of a government institution that receives the services shall provide a copy of the agreement to the Privacy Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Commissioner and the designated Minister of any material change to that agreement.

Fees

(4) The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.

Spending authority

Personal information not under control of institution

73.‍2 The personal information that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 73.‍1(1) is not under the control of that other institution.

57 Subsection 77(2) of the Act is replaced by the following:

Amendments to schedule

(2) The Governor in Council may, by order,

(a) Insertion start add to Insertion end the schedule Insertion start the name of Insertion end any department, ministry of state, body or office of the Government of Canada;
Start of inserted block
(b) replace in the schedule the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and
(c) delete from the schedule the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada.
End of inserted block

Validation of Orders in Council

R.‍S.‍, c. A-1

Access to Information Act

58 The following amendments to Schedule I to the Access to Information Act are deemed to have been validly made:

(a) the deletion of “Federal Office of Regional Development – Quebec/Bureau fédéral de développement régional (Québec)” under the heading “Other Government Institutions” by Order in Council P.‍C. 1998-187 of February 13, 1998, registered as SOR/98-120;
(b) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.‍C. 1998-955 of June 3, 1998, registered as SOR/98-320;
(c) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.‍C. 2001-615 of April 11, 2001, registered as SOR/2001-143;
(d) the deletion of “Canada Information Office/Bureau d’information du Canada” under the heading “Other Government Institutions” by Order in Council P.‍C. 2001-1576 of August 28, 2001, registered as SOR/2001-329;
(e) the deletion of “Millennium Bureau of Canada/Bureau du Canada pour le millénaire” under the heading “Other Government Institutions” by Order in Council P.‍C. 2002-187 of February 7, 2002, registered as SOR/2002-71;
(f) the replacement of “Office of Infrastructure and Crown Corporations of Canada/Bureau de l’infrastructure et des sociétés d’État du Canada” by “Office of Infrastructure of Canada/Bureau de l’infrastructure du Canada” under the heading “Other Government Institutions” by Order in Council P.‍C. 2002-1325 of August 6, 2002, registered as SOR/2002-291;
(g) the deletion of “Communication Canada/Communication Canada” under the heading “Other Government Institutions” by Order in Council P.‍C. 2004-107 of February 16, 2004, registered as SOR/2004-24;
(h) the deletion of “Department of Social Development/Ministère du Développement social” under the heading “Departments and Ministries of State” by Order in Council P.‍C. 2006-38 of February 6, 2006, registered as SOR/2006-24;
(i) the deletion of “Department of International Trade/Ministère du Commerce international” under the heading “Other Government Institutions” by Order in Council P.‍C. 2006-44 of February 6, 2006, registered as SOR/2006-28;
(j) the deletion of “Canada Firearms Centre/Centre canadien des armes à feu” under the heading “Other Government Institutions” by Order in Council P.‍C. 2006-392 of May 17, 2006, registered as SOR/2006-99;
(k) the deletion of “Indian Residential Schools Truth and Reconciliation Commission Secretariat/Secrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens” under the heading “Other Government Institutions” by Order in Council P.‍C. 2008-800 of April 25, 2008, registered as SOR/2008-130;
(l) the deletion of “Office of Indian Residential Schools Resolution of Canada/Bureau du Canada sur le règlement des questions des pensionnats autochtones” under the heading “Other Government Institutions” by Order in Council P.‍C. 2008-809 of April 25, 2008, registered as SOR/2008-135.

R.‍S.‍, c. P-21

Privacy Act

59 The following amendments to the schedule to the Privacy Act are deemed to have been validly made:

(a) the deletion of “Federal Office of Regional Development – Quebec/Bureau fédéral de développement régional (Québec)” under the heading “Other Government Institutions” by Order in Council P.‍C. 1998-186 of February 13, 1998, registered as SOR/98-119;
(b) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.‍C. 1998-956 of June 3, 1998, registered as SOR/98-321;
(c) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.‍C. 2001-616 of April 11, 2001, registered as SOR/2001-144;
(d) the deletion of “Canada Information Office/Bureau d’information du Canada” under the heading “Other Government Institutions” by Order in Council P.‍C. 2001-1577 of August 28, 2001, registered as SOR/2001-330;
(e) the deletion of “Millennium Bureau of Canada/Bureau du Canada pour le millénaire” under the heading “Other Government Institutions” by Order in Council P.‍C. 2002-188 of February 7, 2002, registered as SOR/2002-72;
(f) the deletion of “Office of Infrastructure and Crown Corporations of Canada/Bureau de l’infrastructure et des sociétés d’État du Canada” under the heading “Departments and Ministries of State” by Order in Council P.‍C. 2002-1326 of August 6, 2002, registered as SOR/2002-292;
(g) the deletion of “Communication Canada/Communication Canada” under the heading “Other Government Institutions” by Order in Council P.‍C. 2004-105 of February 16, 2004, registered as SOR/2004-23;
(h) the deletion of “Department of Social Development/Ministère du Développement social” under the heading “Departments and Ministries of State” by Order in Council P.‍C. 2006-39 of February 6, 2002, registered as SOR/2006-25;
(i) the deletion of “Department of International Trade/Ministère du Commerce international” under the heading “Other Government Institutions” by Order in Council P.‍C. 2006-45 of February 6, 2006, registered as SOR/2006-29;
(j) the deletion of “Canadian Firearms Centre/Centre canadien des armes à feu” under the heading “Other Government Institutions” by Order in Council P.‍C. 2006-383 of May 17, 2006, registered as SOR/2006-100;
(k) the deletion of “Indian Residential Schools Truth and Reconciliation Commission Secretariat/Secrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens” under the heading “Other Government Institutions” by Order in Council P.‍C. 2008-801 of April 25, 2008, registered as SOR/2008-131;
(l) the deletion of “Office of Indian Residential Schools Resolution of Canada/Bureau du Canada sur le règlement des questions des pensionnats autochtones” under the heading “Other Government Institutions” by Order in Council P.‍C. 2008-810 of April 25, 2008, registered as SOR/2008-136.

Consequential Amendments

R.‍S.‍, c. C-5

Canada Evidence Act

60 Item 15 of the schedule to the Canada Evidence Act is replaced by the following:

15 A judge of the Federal Court, for the purposes of Insertion start section Insertion end 41 of the Access to Information Act

2000, c. 5

Personal Information Protection and Electronic Documents Act

61 Paragraph 9(3)‍(a) of the Personal Information Protection and Electronic Documents Act is replaced by the following:

(a) the information is protected by solicitor-client privilege or the professional secrecy of Insertion start advocates Insertion end and notaries Insertion start or by litigation privilege Insertion end ;

Coordinating Amendment

Bill C-44

62 If Bill C-44, introduced in the 1st session of the 42nd Parliament and entitled Budget Implementation Act, 2017, No. 1, receives royal assent, then, on the first day on which both section 128 of that Act and section 36 of this Act, are in force, section 71.‍08 of the Access to Information Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

(g) in respect of the office of the Parliamentary Budget Officer, the Speaker of the Senate and the Speaker of the House of Commons, jointly.

Coming into Force

First anniversary of royal assent

63 Sections 12, 14, 16, 17 and 19 to 21, subsection 22(2) and sections 23 to 27, 29, 30, 36, 38, 48, 52, 53 and 60 come into force on the first anniversary of the day on which this Act receives royal assent.

Published under authority of the Speaker of the House of Commons

Bill C-58

BILL C-58 An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

SUMMARY

Access to Information Act

Amendments to the Act

1 The long title of the Access to Information Act is replaced by the following:

An Act to extend the present laws of Canada that provide access to information under the control of the Government of Canada Insertion start and to provide for the proactive publication of certain information Insertion end

2 Section 2 of the Act is replaced by the following:

Purpose of Act

Specific purposes of Parts 1 and 2

Complementary procedures

3 (1) The definition third party in section 3 of the English version of the Act is replaced by the following:

4 The heading “Access to Government Records” after section 3.‍2 of the Act is replaced by the following:

PART 1 Access to Government Records

Access

5 Section 5 of the Act and the heading before it are replaced by the following:

Publication of appropriate officer or employee’s title and address

6 Section 6 of the Act is replaced by the following:

Request for access to record

Reasons for declining to act on request

Notice

7 (1) Subsections 11(1) to (3) of the Act are replaced by the following:

Application fee

Additional payment

(2) Subsection 11(4) of the Act is replaced by the following:

Deposit

(3) The portion of subsection 11(5) of the Act before paragraph (a) is replaced by the following:

Notice

(4) Subsection 11(6) of the Act is replaced by the following:

Waiver

8 The heading before section 12 of the English version of the Act is replaced by the following:

Access Insertion start Given Insertion end

9 Subsection 19(1) of the Act is replaced by the following:

Personal information

10 Section 23 of the Act is replaced by the following:

Protected information — solicitors, advocates and notaries

11 Subsection 24(2) of the Act is repealed.

12 Section 29 of the Act is repealed.

(2) Paragraph 30(1)‍(e) of the Act is repealed.

(3) Section 30 of the Act is amended by adding the following after subsection (3):

Reasons for refusing or ceasing to investigate

Notice

14 (1) Subparagraph 35(2)‍(c)‍(i) of the Act is replaced by the following:

(2) Subsection 35(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

15 Subsection 36(2) of the Act is replaced by the following:

Access to records

Protected information — solicitors, advocates and notaries

For greater certainty

16 The Act is amended by adding the following after section 36:

Orders and Reports

Power to make order

Limitation

Condition

Effect

Deemed date of receipt

Consulting Privacy Commissioner

Notice to third parties

Contents of notice

17 Section 37 of the Act is replaced by the following:

Information Commissioner’s initial report to government institution

Final report to complainant, government institution and other persons

Contents of report

Access to be given

18 Subsection 40(2) of the Act is replaced by the following:

Reference to Parliamentary committee

19 Sections 41 to 43 of the Act are replaced by the following:

Review by Federal Court — complainant

Review by Federal Court — government institution

Review by Federal Court — third parties

Review by Federal Court — Privacy Commissioner

Respondents

Deemed date of receipt

Operation of order stayed

Part of order operative

Parties to review

Scope of proceedings

Burden of proof – party

Information Commissioner may appear

Service on head of government institution

Service or notice

BILL C-58
An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

PART 1
Access to Government Records

Protected information — solicitors, advocates and notaries

Protected information — solicitors, advocates and notaries

Review by Federal Court — complainant

Review by Federal Court — government institution

Review by Federal Court — third parties

Review by Federal Court — Privacy Commissioner

Burden of proof — subsection 41(1) or (2)

Burden of proof — subsection 41(3) or (4)

Order of Court — other decisions or actions

Costs — important new principle

PART 2
Proactive Publication of Information

PART 3
General

Annual report — government institutions

Protection from civil proceeding or from prosecution — Part 1

Protection from civil proceeding or from prosecution — Part 2