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<div style="line-height:.7em; font-size: 200%; font-family:'Helvetica Neue', 'Lucida Grande', Tahoma, Verdana, sans-serif;">&nbsp;<center>Proactive Publication for Crown Corporations: Reports to Parliament</center></div><br>

<div style="line-height:.7em; font-size: 200%; font-family:'Helvetica Neue', 'Lucida Grande', Tahoma, Verdana, sans-serif;">&nbsp;<center>Proactive Publication for Crown Corporations: Frequently Asked Questions</center></div><br>

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Proactive publication under Part 2 would not require the release of information that would properly be withheld in a response to an access to information request, such as personal information, or Cabinet confidences. The relevant provisions of Bill C-58 are:

Proactive publication under Part 2 would not require the release of information that would properly be withheld in a response to an access to information request, such as personal information, or Cabinet confidences. The relevant provisions of Bill C-58 are:

With respect to proactive publication for Ministers’ Office:  

==== With respect to proactive publication for Ministers’ Office: ====

Publication not required

Publication not required

80 (1) A minister is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.

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.

(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.

With respect to proactive publication by government institutions:  

==== With respect to proactive publication by government institutions: ====

Publication not required

Publication not required

90 (1) A head of a government institution is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.

90 (1) A head of a government institution is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.

Publication not permitted

Publication not permitted

Each institution will need to determine the appropriate governance and processes to support publication within their organization. TBS has made available on GCpedia guidance and tools such as process maps that institutions can use and adapt to assist with implementation in their respective organizations.

Each institution will need to determine the appropriate governance and processes to support publication within their organization. TBS has made available on GCpedia guidance and tools such as process maps that institutions can use and adapt to assist with implementation in their respective organizations.

8) Will Bill C-58 change what we are already proactively publishing?  

===Will Bill C-58 change what we are already proactively publishing? ===

While some proactive publication requirements in Bill C-58 build on existing policy requirements, some of the timing for publication has changed. Other requirements will be new to most institutions.

While some proactive publication requirements in Bill C-58 build on existing policy requirements, some of the timing for publication has changed. Other requirements will be new to most institutions.

Institutions are encouraged to compare existing proactive processes against the requirements in Bill C-58. The proactive publication requirements for government institutions are listed here.

Institutions are encouraged to compare existing proactive processes against the requirements in Bill C-58. The proactive publication requirements for government institutions are listed here.

 

===How can I determine if a senior official or employee in my organization is subject to the new proactive publication requirements?===

 

9) How can I determine if a senior official or employee in my organization is subject to the new proactive publication requirements?

Institutions are encouraged to consult with their legal counsel to determine whether or not a senior-level employee in their organization would fall under Bill C-58’s definition under Section 81:

Institutions are encouraged to consult with their legal counsel to determine whether or not a senior-level employee in their organization would fall under Bill C-58’s definition under Section 81:

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)

* 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)

10) Who is the “head of the government institution” for my institution?  

===Who is the “head of the government institution” for my institution?===

Section 3 of the Access to Information Act defines the “head of the government institution” as follows:

Section 3 of the Access to Information Act defines the “head of the government institution” as follows:

head, in respect of a government institution, means

* head, in respect of a government institution, means

  (a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or

  (a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or

  (b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; (responsable d’institution fédérale)

  (b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; (responsable d’institution fédérale)<br>

Once Bill C-58 comes into force, this definition will apply to both Part 1 (request-based system) and Part 2 (proactive publication) of the Access to Information Act.

Once Bill C-58 comes into force, this definition will apply to both Part 1 (request-based system) and Part 2 (proactive publication) of the Access to Information Act.

11) Do we need delegation authorities for the new Part 2 requirements for the head of the government institution?  

===Do we need delegation authorities for the new Part 2 requirements for the head of the government institution?===

There is no need for a delegation in relation to Part 2. The intention of Bill C-58, however, is that there would be consistency between what information is disclosed pursuant to Parts 1 and 2.

There is no need for a delegation in relation to Part 2. The intention of Bill C-58, however, is that there would be consistency between what information is disclosed pursuant to Parts 1 and 2.

12) If Royal Assent of Bill C-58 falls during the middle of the month, do I need to proactively publish documents from the entire month or just the period following Royal Assent?  

===If Royal Assent of Bill C-58 falls during the middle of the month, do I need to proactively publish documents from the entire month or just the period following Royal Assent? ===

The transition provisions of Bill C-58, set out below, provide that the proactive publication requirements apply to information or materials that were prepared on or after the date of coming into force of the requirements. The requirements will come into force on Royal Assent of the bill.  

The transition provisions of Bill C-58, set out below, provide that the proactive publication requirements apply to information or materials that were prepared on or after the date of coming into force of the requirements. The requirements will come into force on Royal Assent of the bill.  

As an example, for briefing note titles, if Royal Assent were to occur on June 15th, within 30 days after the end of June, an institution will be required to publish titles and tracking numbers of briefing notes that were received by a minister’s office or Deputy Minister’s office between June 15 and the end of June.

As an example, for briefing note titles, if Royal Assent were to occur on June 15th, within 30 days after the end of June, an institution will be required to publish titles and tracking numbers of briefing notes that were received by a minister’s office or Deputy Minister’s office between June 15 and the end of June.<br>

 

However, it is important to note that travel and hospitality expenses, contracts, grants and contributions and position reclassification are currently subject to policy requirements for proactive publication. These policy requirements will apply to expenses incurred, contracts or agreements entered into, and position reclassifications that pre-date the coming-into-force of Bill C-58.

However, it is important to note that travel and hospitality expenses, contracts, grants and contributions and position reclassification are currently subject to policy requirements for proactive publication. These policy requirements will apply to expenses incurred, contracts or agreements entered into, and position reclassifications that pre-date the coming-into-force of Bill C-58.

Non-application of Part 2

====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

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

(f) any occupied position in a government institution that was reclassified before that date.

(f) any occupied position in a government institution that was reclassified before that date.

Where to post information

== Where to post information ==

13) Where will institutions be required to proactively publish information?  

=== Where will Crown corporations be required to proactively publish information?=== <big>PLEASE REVIEW</big>

TBS is currently developing guidance on which of the proactive publication obligations will be mandatory to publish to the Open Government portal. However, functionality to publish to the portal will exist for all publication types, and institutions are encouraged to publish there. Where it is not mandatory, institutions may publish to their institutional page. All publications must meet Official Languages and accessibility standards. We will post further guidance on this site in the coming weeks.  

It is still to be determined where Crown corporations will publish this information upon Royal Assent. All publications must meet Official Languages and accessibility standards. We will post further guidance on this site in the coming weeks.  

14) What information can be posted to the Open Government portal?

<---!=== What information can be posted to the Open Government portal?==

With respect to publishing to the Open Government Portal, there are standardized templates in place for many existing proactive disclosure requirements (e.g., contracts, travel and hospitality). TBS will develop a standardized template for Titles and Tracking Numbers of briefing notes to facilitate publication to the Open Government Portal and will also provide training and guidance to support organizations to publish to the Open Government Portal more generally.

With respect to publishing to the Open Government Portal, there are standardized templates in place for many existing proactive disclosure requirements (e.g., contracts, travel and hospitality). TBS will develop a standardized template for Titles and Tracking Numbers of briefing notes to facilitate publication to the Open Government Portal and will also provide training and guidance to support organizations to publish to the Open Government Portal more generally.

For proactive publications that are not in standard formats, such as reports tabled in Parliament, Transition binders, Question Period binders, and binders for Parliamentary Committee appearances, institutions may post on departmental websites or on the Open Government Portal. Institutions are encouraged to publish to the Open Government Portal to make the information easily accessible to Canadians.

For proactive publications that are not in standard formats, such as reports tabled in Parliament, Transition binders, Question Period binders, and binders for Parliamentary Committee appearances, institutions may post on departmental websites or on the Open Government Portal. Institutions are encouraged to publish to the Open Government Portal to make the information easily accessible to Canadians.

Publications must meet Official Language and Accessibility standards as per the Government’s Policy on Communications and Federal Identity. TBS will also provide tools and guidance to support institutions in meeting the accessibility requirements in multiple file formats (HTML, PDF, EPUB3, ODF).

Publications must meet Official Language and Accessibility standards as per the Government’s Policy on Communications and Federal Identity. TBS will also provide tools and guidance to support institutions in meeting the accessibility requirements in multiple file formats (HTML, PDF, EPUB3, ODF).--!>

15) Does proactive publication information have to be posted in both official languages?  

===Does proactive publication information have to be posted in both official languages? === REVIEW

All proactively published information must meet Official Language requirements as per the Government’s Policy on Communications and Federal Identity.

All proactively published information must meet Official Language requirements as per the Government’s Policy on Communications and Federal Identity.

16) Will information that has already been released in the public domain need to be republished under this legislation?

=== Will information that has already been released in the public domain need to be republished under this legislation?===

We do not anticipate that previously released information will need to be republished. Once Bill C-58 comes into force, proactive publication must be in accordance with the requirements of the bill. Prior to that, certain material may be published according to existing policy requirements that may vary somewhat from Bill C-58’s provisions.

We do not anticipate that previously released information will need to be republished. Once Bill C-58 comes into force, proactive publication must be in accordance with the requirements of the bill. Prior to that, certain material may be published according to existing policy requirements that may vary somewhat from Bill C-58’s provisions.

17) What is the retention schedule for proactively published information?  

=== What is the retention schedule for proactively published information?=== 

Guidance on retention schedules will be posted in the coming weeks.  

Guidance on retention schedules will be posted in the coming weeks.  

Travel and hospitality expenses

== Travel and hospitality expenses ==

18) Where can I find the requirement to make receipts available within 5 business days upon request?

=== Where can I find the requirement to make receipts available within 5 business days upon request? ===

This is not a statutory requirement but will be required through policy. This policy requirement is currently in development.

This is not a statutory requirement but will be required through policy. This policy requirement is currently in development.

 

== Reports tabled in Parliament ==

 

===Which reports tabled in Parliament are required to be proactively published? ===

Reports tabled in Parliament

Section 84 in Bill C-58 would require that any report of a government institution respecting its activities that must be tabled in the Senate or House of Commons under an Act of Parliament must be published electronically within 30 days after the day it is tabled.

19) Which reports tabled in Parliament are required to be proactively published?  

Section 84 in Bill C-58 would require that any report of a government institution respecting its activities that must be tabled in the Senate or House of Commons under an Act of Parliament must be published electronically within 30 days after the day it is tabled.

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.