Bill C-58
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- ENGLISH
- SUMMARY SUMMARY
- Access to Information Act Access to Information Act
- Amendments to the Act Amendments to the Act
- Terminological Changes Terminological Changes
- Transitional Amendments Transitional Amendments
- Privacy Act Privacy Act
- Validation of Orders in Council Validation of Orders in Council
- Access to Information Act Access to Information Act
- Privacy Act Privacy Act
- Consequential Amendments Consequential Amendments
- Canada Evidence Act Canada Evidence Act
- Personal Information Protection and Electronic Documents Act Personal Information Protection and Electronic Documents Act
- Coordinating Amendment Coordinating Amendment
- Coming into Force Coming into Force
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019 |
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STATUTES OF CANADA 2019
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An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
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ASSENTED TO
June 21, 2019
BILL C-58 |
SUMMARY
This enactment amends the Access to Information Act to, among other things,
(a) authorize the head of a government institution, with the approval of the Information Commissioner, to decline to act on a request for access to a record for various reasons;
(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 to publish any reports that he or she makes, including those that contain any orders he or she makes, 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.
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Available on the House of Commons website at the following address:
www.ourcommons.ca
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64-65-66-67-68 Elizabeth II |
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CHAPTER 18 |
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An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts |
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[Assented to 21st June, 2019]
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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 and to provide for the proactive publication of certain information
2 Section 2 of the Act is replaced by the following:
Purpose of Act
2 (1) The purpose of this Act is 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.
Specific purposes of Parts 1 and 2
(2) In furtherance of that purpose,
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(a) Part 1 extends 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; and
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(b) Part 2 sets out requirements for the proactive publication of information.
Complementary procedures
(3) This Act is also 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 Part 1, 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
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(a) a Saturday;
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(b) a Sunday or other holiday; and
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(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
6 Section 6 of the English version of the Act is replaced by the following:
Request for access to record
6 A request for access to a record under this Part shall be made in writing to the government institution that has control of the record and shall provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort.
6.1 The Act is amended by adding the following after section 6:
Reasons for declining to act on request
6.1 (1) With the Information Commissioner’s written approval, 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, 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.
Limitation
(1.1) The head of a government institution is not authorized under subsection (1) to decline to act on a person’s request for a record for the sole reason that the information contained in it has been published under Part 2.
Time limit suspended
(1.2) If the head of a government institution communicates with the Information Commissioner to obtain his or her approval to decline to act, the 30-day period set out in section 7 — and any extension to it under section 9 — is suspended during the period beginning on the day on which the head of the institution communicates with the Information Commissioner and ending on the day on which he or she receives the Information Commissioner’s decision in writing.
Notice — suspension
(1.3) The head of the institution shall give written notice to the person who made the request for access to a record under this Part of the suspension of the period, and of the reasons for the suspension, at the same time as they communicate with the Information Commissioner to obtain his or her approval to decline to act.
Notice — end of suspension
(1.4) If the Information Commissioner refuses to give his or her approval, the head of the institution shall, on receiving the Information Commissioner’s decision in writing, give written notice to the person who made the request for access to a record under this Part of the refusal and of the date on which the running of the period resumes in accordance with subsection (1.2).
Notice
(2) If the head of a government institution declines to act on the person’s request, they shall give the person written notice of their decision to decline to act on the request and their reasons for doing so.
6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following:
Notice where access requested
7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,
7 (1) Section 11 of the Act is 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 Part shall pay, at the time the request is made, any application fee of not more than $25, that may be prescribed by regulation.
Waiver
(2) The head of a government institution to which a request for access to a record is made under this Part may waive the requirement to pay a fee or a part of a fee under this section or may refund a fee or a part of a fee paid under this section.
8 The heading before section 12 of the English version of the Act is replaced by the following:
Access Given
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 Part 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 Part that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.
11 Subsection 24(2) of the Act is repealed.
11.1 Section 26 of the Act is replaced by the following:
Refusal of access if information to be published
26 The head of a government institution may refuse to disclose any record requested under this Part or any part of a record if the head of the institution believes on reasonable grounds that the material in the record or in part of the record will be published by a government institution, agent of the Government of Canada or minister of the Crown — other than under Part 2 — within 90 days after the request is made or within any further period of time that may be necessary for printing or translating the material for the purpose of printing it.
12 Section 29 of the Act is repealed.
13 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,
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(a) the complaint is trivial, frivolous or vexatious or is made in bad faith; or
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(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.
Notice
(5) If the Information Commissioner refuses or ceases to investigate a complaint, he or she shall give a written notice to
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(a) the complainant, stating the reasons for refusing or ceasing to investigate the complaint;
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(b) the head of the government institution concerned, if the Commissioner provided the head of the institution with a notice under section 32;
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(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
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(d) the Privacy Commissioner, if the Information Commissioner consulted him or her under subsection 36(1.1) or section 36.2.
14 (1) Subparagraph 35(2)(c)(i) of the Act is replaced by the following:
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(i) the Information Commissioner intends to make an order, under subsection 36.1(1), requiring the disclosure of a record or a part of a record — or to recommend the disclosure of a record or a 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):
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(d) the Privacy Commissioner, if the Information Commissioner consults him or her under subsection 36(1.1) or section 36.2.
15 Subsection 36(2) of the Act is replaced by the following:
For greater certainty
(1.1) For greater certainty, the Information Commissioner may, during the investigation of any complaint under this Part, consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.
Access to records
(2) 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, and subject to subsection (2.1), the Information Commissioner may, during the investigation of any complaint under this Part, 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 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 (e), 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
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(a) to disclose the record or a part of the record; and
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(b) to reconsider their decision to refuse access to the record or a part of the record.
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
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(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
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(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.
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 date of the report.
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 shall 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
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(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);
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(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
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(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.
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 concerned with a report that sets out
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(a) the findings of the investigation and any recommendations that the Commissioner considers appropriate;
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(b) any order that the Commissioner intends to make; and
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(c) the period within which the head of the government institution shall give notice to the Commissioner of the action taken or proposed to be taken to implement the order or recommendations set out 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, provide a report that sets out the results of the investigation and any order or recommendations that he or she makes to
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(a) the complainant;
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(b) the head of the government institution;
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(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
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(d) the Privacy Commissioner, if he or she was entitled under paragraph 35(2)(d) to make representations and he or she made representations to the Commissioner in respect of the complaint. However, no report is to be made under this subsection and no order is to be made until the expiry of the time within which the notice referred to in paragraph (1)(c) is to be given to the Information Commissioner.
Contents of report
(3) The Information Commissioner may include in the report referred to in subsection (2) any comments on the matter that he or she thinks fit and shall include in that report
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(a) a summary of any notice that he or she receives under paragraph (1)(c);
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(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;
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(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
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(d) a statement, if applicable, that the Information Commissioner will provide a third party or the Privacy Commissioner with the report.
Publication
(3.1) The Information Commissioner may publish the report referred to in subsection (2).
Limitation
(3.2) However, the Information Commissioner is not to publish the report until the expiry of the periods to apply to the Court for a review of a matter that are referred to in section 41.
Access to be given
(4) If the head of a government institution gives notice to the Information Commissioner under paragraph (1)(c) that access to a record or a part of a record will be given to a complainant, the head of the institution shall give the complainant access to the record or the part of the record
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(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
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(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.
Deemed date of receipt
(5) For the purposes of this section, the head of the government institution is deemed to have received the report referred to in subsection (2) on the fifth business day after the date of the report.
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 under that subsection, be referred to the committee designated or established by Parliament for the purpose of section 99.
19 Sections 41 to 43 of the Act are replaced by the following:
Review by Federal Court — complainant
41 (1) A person who makes a complaint described in any of paragraphs 30(1)(a) to (e) and who receives a report under subsection 37(2) in respect of the complaint may, within 30 business days after the day on which the head of the government institution receives the report, apply to the Court for a review of the matter that is the subject of the complaint.
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 date of the report.
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
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(a) appear before the Court on behalf of a complainant; or
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(b) appear as a party to any review applied for under section 41 or, with leave of the Court, as a party to any review applied for under section 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 of a record under this Part 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 Part or a part of such a record 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 is to be heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal Courts Act.
22 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 (1) In any proceedings before the Court arising from an application under subsection 41(1) or (2), 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 of such a record or to make the decision or take the action that is the subject of the proceedings is 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,
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(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
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(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.
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) If 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 Part or under 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:
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(b) in any case, the powers, duties or functions set out in sections 36.1, 38 and 39.
30 Subparagraph 63(1)(a)(ii) of the Act is replaced by the following:
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(ii) establish the grounds for findings, recommendations and orders set out in any report under this Part; or
30.1 The portion of section 64 of the Act before paragraph (a) is replaced by the following:
Information not to be disclosed
64 In carrying out an investigation under this Act and in any report published under subsection 37(3.1) or made to Parliament under section 38 or 39, the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose,
31 The portion of section 68 of the Act before paragraph (b) is replaced by the following:
Part 1 does not apply to certain materials
68 This Part does not apply to
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(a) published material, other than material published under Part 2, or material available for purchase by the public;
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:
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(b) prescribe any forms that may be required for the operation of this Part and the regulations made under this Part;
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(c) cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Part and the regulations made under this Part; and
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(d) cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Part and the regulations relating to access to records and cause to be published on an annual basis a report containing a summary of those statistics.
34 Section 71 of the Act is replaced by the following:
Regulations
Governor in Council
71 The Governor in Council may make regulations
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(a) prescribing limitations in respect of the format in which records are to be provided under subsection 4(2.1);
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(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);
-
(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.
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
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
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;
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(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.
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.
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.
(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
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.
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.
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.
(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
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.
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.
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.
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.
(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.
(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
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 may constitute a breach of parliamentary privilege.
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.
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 may constitute a breach of parliamentary privilege or could compromise the security of persons, infrastructure or goods is final for the purposes of this Part, subject to the rules and orders of both Houses of Parliament.
37 Sections 72 to 77 of the Act are replaced by the following:
Ministers
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)
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 within 30 days after the issuance of the letter or revised letter.
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.
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.
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.
77 (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, a minister 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 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 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; and
-
(e) the reference number assigned to the contract, if any.
(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, or within 60 days after the end of that quarter if that quarter is the fourth quarter, 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.
(3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the value of the contract as amended.
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.
79 (1) The designated Minister shall specify the form of the publications referred to in sections 74 to 78.
(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.
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.
(2) A minister shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question.
(3) For the purposes of this section, information that must be published under section 75 or 76 is not personal information.
Government Institutions
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)
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.
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.
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.
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.
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.
(2) Within 30 days after the end of the quarter in which a contract that has been entered into in relation to the activities of a government entity and that has a value of $10,000 or less is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the contract as amended.
(3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the value of the contract as amended.
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.
(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.
(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.
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.
89 (1) The designated Minister shall specify the form of the publications referred to in sections 82 to 88.
(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.
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.
(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.
General
91 (1) The Information Commissioner shall not exercise any powers or perform any duties or functions in relation to the proactive publication of information under this Part, including receiving and investigating complaints or exercising any other powers, duties or functions under Part 1.
(2) Nothing in subsection (1) shall be construed as preventing the Information Commissioner from exercising his or her powers or performing his or her duties and functions under Part 1 with respect to a record that, although subject to Part 2, is subject to a request for access under Part 1.
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) Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year.
Tabling of report
(2) Every report prepared under subsection (1) shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared.
Reference to Parliamentary committee
(3) Every report prepared under subsection (1) shall, after it is laid before both Houses under subsection (2), be referred to the committee designated or established by Parliament for the purpose of section 99.
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 (1) The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution.
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) Despite 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 under Part 1, for any consequences that flow from that disclosure, or for the failure to give any notice required under Part 1 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 any committee of the House of Commons, of the Senate or of both Houses of Parliament that may be designated or established by Parliament for that purpose.
Review and report
99.1 A committee referred to in section 99 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 submit a report on each review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes the committee would recommend.
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, under paragraph (2)(a), the name of a body or office to Schedule I.
Amendments to Schedule I
(2) The Governor in Council may, by order,
-
(a) add to Schedule I the name of any department, ministry of state, body or office of the Government of Canada;
-
(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.
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
90.01 The following definitions apply in sections 90.02 to 90.24.
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
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)
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.
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.
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.
(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.
(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.
90.06 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any 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 total amount of the incidental expenditures reimbursed;
-
(b) the number of judges to whom a reimbursement was made;
-
(c) a detailed description of each class of incidental expenditures reimbursed;
-
(d) the number of judges who received a reimbursement for each class of incidental expenditures; and
-
(e) the applicable guidelines.
90.07 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any 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 total amount of the expenses reimbursed;
-
(b) the number of judges to whom a reimbursement was made;
-
(c) a detailed description of each class of expenses reimbursed;
-
(d) the number of judges who received a reimbursement for each class of expenses; and
-
(e) the applicable guidelines.
90.08 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any 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 total amount of the expenses reimbursed;
-
(b) the number of judges to whom a reimbursement was made;
-
(c) a detailed description of each class of expenses reimbursed;
-
(d) the number of judges who received a reimbursement for each class of expenses; and
-
(e) the applicable guidelines.
90.09 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any 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 total amount of the expenses reimbursed;
-
(b) the number of judges to whom a reimbursement was made;
-
(c) a detailed description of each class of expenses reimbursed;
-
(d) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and
-
(e) the applicable guidelines.
Courts Administration Service
90.1 In sections 90.11 to 90.13, Service means the Courts Administration Service.
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.
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.
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.
(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.
(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
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)
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.
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.
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.
(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.
(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.
90.18 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of a particular court is reimbursed under subsection 27(1) of the Judges Act, the Commissioner shall cause to be published in electronic form the following information:
-
(a) the name of the court;
-
(b) the total amount of the incidental expenditures reimbursed for that court;
-
(c) the number of judges to whom a reimbursement was made;
-
(d) a detailed description of each class of incidental expenditures reimbursed;
-
(e) the number of judges who received a reimbursement for each class of incidental expenditures; and
-
(f) the applicable guidelines.
90.19 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Commissioner shall cause to be published in electronic form the following information:
-
(a) the total amount of the expenses reimbursed;
-
(b) the number of judges to whom a reimbursement was made;
-
(c) a detailed description of each class of expenses reimbursed;
-
(d) the number of judges who received a reimbursement for each class of expenses; and
-
(e) the applicable guidelines.
90.2 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of a particular court are reimbursed under section 34 of the Judges Act as a travel allowance, the Commissioner shall cause to be published in electronic form the following information:
-
(a) the name of the court;
-
(b) the total amount of the expenses reimbursed for that court;
-
(c) the number of judges to whom a reimbursement was made;
-
(d) a detailed description of each class of expenses reimbursed;
-
(e) the number of judges who received a reimbursement for each class of expenses; and
-
(f) the applicable guidelines.
90.21 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of a particular court are reimbursed under section 41 of the Judges Act as a conference allowance, the Commissioner shall cause to be published in electronic form the following information:
-
(a) the name of the court;
-
(b) the total amount of the expenses reimbursed for that court;
-
(c) the number of judges to whom a reimbursement was made;
-
(d) a detailed description of each class of expenses reimbursed;
-
(e) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and
-
(f) the applicable guidelines.
Judicial Independence, Protected Information, Security of Persons, Infrastructure and Goods and Canadian Judicial Council
90.22 The Registrar, the Chief Administrator or the Commissioner, as applicable, may, on an exceptional basis, decline to cause to be published information or any part of the information described in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if they determine that the publication, even in the aggregate, could interfere with judicial independence.
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.
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.
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) paragraphs 5(1)(b) and (d) and subsection 5(3);
-
(a.1) 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) subsections 27(1) and (4);
-
(w) subsections 28(3) and (4);
-
(x) subsection 29(1);
-
(y) section 31;
-
(z) section 33;
-
(z.1) subsection 35(1) and the portion of subsection 35(2) before paragraph (a);
-
(z.2) subsections 37(1), (2) and (5);
-
(z.3) subsection 39(2);
-
(z.4) section 42;
-
(z.5) subsection 43(1);
-
(z.6) subsections 44(1) and (2);
-
(z.7) paragraph 47(1)(b);
-
(z.8) section 48;
-
(z.9) section 50;
-
(z.10) subsection 53(1); and
-
(z.11) 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):
-
(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;
47.1 The Act is amended by adding the following after section 3.01:
Application
3.02 Paragraph (j.1) of the definition personal information in section 3 applies only to records created on or after the day on which that paragraph comes into force.
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 or that was obtained by the Commissioner in the course of a consultation with the Information Commissioner under subsection 36(1.1) or section 36.2 of the Access to Information Act.
49 Section 27 of the Act and the heading before it are replaced by the following:
Privilege and Professional Secrecy
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 or the professional secrecy of advocates and notaries or to litigation privilege.
50 Subsection 34(2) of the Act is replaced by the following:
Access to information
(2) 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, and subject to subsection (2.1), 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 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, 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 or a review before the Court under this Act or Part 1 of the Access to Information Act or an appeal from a review of that Court.
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 from a review of that Court.
For greater certainty
66.1 For greater certainty, sections 63 and 66 apply if the Privacy Commissioner is consulted by the Information Commissioner under subsection 36(1.1) or 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) Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year.
Tabling of report
(2) Every report prepared under subsection (1) shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared.
(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 (1) The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution.
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 privacy
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
(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 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
(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.
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) add to the schedule the name of any department, ministry of state, body or office of the Government of Canada;
-
(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.
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;
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(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;
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(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;
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(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;
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(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:
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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 section 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:
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(a) the information is protected by solicitor-client privilege or the professional secrecy of advocates and notaries or by litigation privilege;
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):
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(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 36 and 38 come into force on the first anniversary of the day on which this Act receives royal assent.
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Published under authority of the Speaker of the House of Commons
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