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Line 211: − Ministers and government entities must publish the following to [https://open.canada.ca/en/proactive-disclosure open.canada.ca]: + − * titles and reference numbers of memoranda+ − * Question Period notes − * travel expenses − * hospitality expenses − * contracts over $10,000 − * grants and contributions over $25,000 − * reclassification of positions − − Ministers and government entities may publish other proactive publication requirements to [https://open.canada.ca/en/proactive-disclosure open.canada.ca] as an ‘Open Information’ resource, or to their institutional page along with a metadata record on [https://open.canada.ca/en/proactive-disclosure open.canada.ca]. This ensures that all proactive publications are searchable on [https://open.canada.ca/en/proactive-disclosure open.canada.ca]. For more information on how to publish data and information to [https://open.canada.ca/en/proactive-disclosure open.canada.ca], please refer to the [https://open.canada.ca/ckan/en/dataset/9eaa6d0e-4b8c-5241-acf7-c6885294b8c1 Open Government Guidebook]. − − Crown corporations and other government institutions may publish information to their own websites or to [https://open.canada.ca/en/proactive-disclosure open.canada.ca]. Wholly-owned subsidiaries publishing to a parent Crown Corporation’s website should publish as clearly identifiable entities. − − Line 284:
Line 273: − </div> − </div> − − <div class="mw-collapsible mw-collapsed" style="border: 1px solid #ccc; background-color: #f9f9f9; padding: 1em; width: 90%;"> − '''Question''' − <div class="mw-collapsible-content"> − Answer Line 298:
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Line 611: − + − + − 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:+ − + − + − + − + − + − +
→General Questions
A deputy head within the meaning of section 11(1) of the ''Financial Administration Act'' or subsection 2(1) of the ''Public Service Employment Act'';
A deputy head within the meaning of section 11(1) of the ''Financial Administration Act'' or subsection 2(1) of the ''Public Service Employment Act'';
Any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head; and
Any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head; and
Any other person appointed pursuant to subsection 127.1(1)(b) of the Public Service Employment Act, other than associate deputy heads or persons of a rank equivalent to associate deputy heads.
Any other person appointed pursuant to subsection 127.1(1)(b) of the Public Service Employment Act, other than associate deputy heads or persons of a rank equivalent to associate deputy heads.
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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 the Act 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 the Act are:
With respect to proactive publication for Ministers’ Offices:<blockquote>Publication not required
With respect to proactive publication for Ministers’ Offices:<blockquote>'''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.
Publication not permitted
'''Publication not permitted'''
(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.</blockquote>With respect to proactive publication by government institutions:<blockquote>Publication not required
'''(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.</blockquote>With respect to proactive publication by government institutions:<blockquote>'''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'''
(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.</blockquote></div>
'''(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.</blockquote></div>
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'''RELEVANT PROVISIONS – ''ACCESS TO INFORMATION ACT'''''
'''RELEVANT PROVISIONS – ''ACCESS TO INFORMATION ACT'''''
<blockquote>Act does not apply to certain materials
<blockquote>'''Act does not apply to certain materials'''
68 This Act does not apply to
'''68''' This Act does not apply to
(a) published material or material available for purchase by the public
'''(a)''' published material or material available for purchase by the public
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.
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.</blockquote>
'''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.</blockquote>
'''RELEVANT PROVISIONS – ''COPYRIGHT ACT'''''
'''RELEVANT PROVISIONS – ''COPYRIGHT ACT'''''
<blockquote>No infringement
<blockquote>'''No infringement'''
32.1(1) It is not an infringement of copyright for any person
'''32.1(1)''' It is not an infringement of copyright for any person
(a) to disclose, pursuant to the ''[https://laws-lois.justice.gc.ca/eng/acts/A-1 Access to Information Act]'', a record within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material;</blockquote></div>
'''(a)''' to disclose, pursuant to the ''[https://laws-lois.justice.gc.ca/eng/acts/A-1 Access to Information Act]'', a record within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material;</blockquote></div>
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Here are some factors to consider to determine whether providing a link is the appropriate approach include:
Here are some factors to consider to determine whether providing a link is the appropriate approach include:
* If the material has already been published on a Government of Canada website with an address (URL) that is not expected to be updated (such as departmental content posted on Canada.ca or on an institutional gc.ca domain), an institution could consider using a link, provided that the material is not going to be updated.
*If the material has already been published on a Government of Canada website with an address (URL) that is not expected to be updated (such as departmental content posted on Canada.ca or on an institutional gc.ca domain), an institution could consider using a link, provided that the material is not going to be updated.
* If a PDF version of the information is available on [http://publications.gc.ca/site/eng/home.html gc.ca], an institution could consider using such link.
* If a PDF version of the information is available on [http://publications.gc.ca/site/eng/home.html gc.ca], an institution could consider using such link.
* If there is a possibility that the information in the link might be updated in the future (such as organizational charts or biographical information about senior management), institutions should avoid using a link.
*If there is a possibility that the information in the link might be updated in the future (such as organizational charts or biographical information about senior management), institutions should avoid using a link.
* If material is posted on a Government of Canada website that was established for an initiative or campaign with a pre-determined start and end date, linking is not recommended because the link may not work after the end date.</div>
*If material is posted on a Government of Canada website that was established for an initiative or campaign with a pre-determined start and end date, linking is not recommended because the link may not work after the end date.</div>
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'''Q1: Where will institutions be required to proactively publish information?'''
'''Q1: Where will institutions be required to proactively publish information?'''
<div class="mw-collapsible-content">
<div class="mw-collapsible-content">
As set out in the [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32756 Directive on Proactive Publication under the Access to Information Act], information that is to be proactively published under Part 2 of the Access to Information Act must be published on the Treasury Board of Canada Secretariat’s Open Government Portal - [https://open.canada.ca/en/proactive-disclosure open.canada.ca]
All publications must meet official language and accessibility standards as per the Government’s ''[https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=30683 Policy on Communications and Federal Identity]''.
All publications must meet official language and accessibility standards as per the Government’s [https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=30683 ''Policy on Communications and Federal Identity''.]
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<div class="mw-collapsible-content">
<div class="mw-collapsible-content">
TBS is currently working with Library and Archives Canada to determine retention and disposition periods for all proactively published information.
TBS is currently working with Library and Archives Canada to determine retention and disposition periods for all proactively published information.
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</div>
'''Q1: How can I determine if a senior official or employee in my organization is subject to the proactive publication requirements for travel and hospitality expenses?'''
'''Q1: How can I determine if a senior official or employee in my organization is subject to the proactive publication requirements for travel and hospitality expenses?'''
<div class="mw-collapsible-content">
<div class="mw-collapsible-content">
Institutions are encouraged to consult with their legal counsel to determine whether or not a senior-level employee in their organization would fall under the ''Access to Information Act''’s definition under Section 81: <blockquote>''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'')</blockquote></div>
Institutions are encouraged to consult with their legal counsel to determine whether or not a senior-level employee in their organization would fall under the ''Access to Information Act''’s definition under Section 81: <blockquote>'''''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'')</blockquote></div>
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==Contracts over $10,000==
== Contracts over $10,000==
<div class="mw-collapsible mw-collapsed" style="border: 1px solid #ccc; background-color: #f9f9f9; padding: 1em; width: 90%;">
<div class="mw-collapsible mw-collapsed" style="border: 1px solid #ccc; background-color: #f9f9f9; padding: 1em; width: 90%;">
'''Q1: What are the reporting requirements regarding ministers' office contracts?'''
'''Q1: What are the reporting requirements regarding ministers' office contracts?'''
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==Reports tables in Parliament==
== Reports tables in Parliament==
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<div class="mw-collapsible mw-collapsed" style="border: 1px solid #ccc; background-color: #f9f9f9; padding: 1em; width: 90%;">
'''Q1: Which reports tabled in Parliament are required to be proactively published?'''
'''Q1: Which reports tabled in Parliament are required to be proactively published?'''
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==Question Period Notes==
==Question Period Notes ==
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'''Q1: What Question Period notes are required to be published?'''
'''Q1: What Question Period notes are required to be published?'''
The question period notes would be the final notes as prepared by the institution and would be published regardless of whether or not the Minister actually attended the last sitting day. This could include Question Period notes that were prepared in any month of the year, provided they were actually in use (available to the minister) on the last sitting day of the month in question. It is understood that some Question Period notes that were used in February, for example, may no longer be part of the Question Period package in June and therefore, would not be required to be proactively published.
The question period notes would be the final notes as prepared by the institution and would be published regardless of whether or not the Minister actually attended the last sitting day. This could include Question Period notes that were prepared in any month of the year, provided they were actually in use (available to the minister) on the last sitting day of the month in question. It is understood that some Question Period notes that were used in February, for example, may no longer be part of the Question Period package in June and therefore, would not be required to be proactively published.
The package of notes should be treated as independent disclosures to be proactively published twice a year, regardless of whether some of the notes (or versions of the notes) were published as part of a previous publication. Each proactive publication should reflect the package of notes in use at the time.<blockquote>Briefing materials
The package of notes should be treated as independent disclosures to be proactively published twice a year, regardless of whether some of the notes (or versions of the notes) were published as part of a previous publication. Each proactive publication should reflect the package of notes in use at the time.<blockquote>'''Briefing materials'''
'''74''' A minister shall cause to be published in electronic form
(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;</blockquote></div>
'''(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;</blockquote></div>
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The purpose of these provisions is to make publicly available the briefing materials used to enable the Minister or Deputy Minister to assume their new responsibilities. The date on which they assume those responsibilities is the appointment date.
The purpose of these provisions is to make publicly available the briefing materials used to enable the Minister or Deputy Minister to assume their new responsibilities. The date on which they assume those responsibilities is the appointment date.
For example, on March 1st 2018 the Prime Minister announces the appointment of J. Doe as Deputy Minister effective June 15, 2018. In this case, the briefing material prepared for the Deputy Minister would be required to be proactively published within 120 days after June 15, 2018.<blockquote>Briefing materials
For example, on March 1st 2018 the Prime Minister announces the appointment of J. Doe as Deputy Minister effective June 15, 2018. In this case, the briefing material prepared for the Deputy Minister would be required to be proactively published within 120 days after June 15, 2018.<blockquote>'''Briefing materials'''
'''74''' A minister shall cause to be published in electronic form
(a) within 120 days after the appointment of the minister, the package of briefing materials that is prepared for the minister by a government institution for the purpose of enabling the minister to assume the powers, duties and functions of his or her office;
'''(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;
Briefing materials
'''Briefing materials'''
'''88''' The head of a government entity shall cause to be published in electronic form
(a) within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office;</blockquote></div>
'''(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;</blockquote></div>
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<div class="mw-collapsible-content">
No. Sections 74(a) and 88(a) of the ATIA introduce requirements for the proactive publication of the package of briefing materials prepared for a new Minister or deputy head. These requirements do not apply to Parliamentary Secretaries.<blockquote>Briefing materials
No. Sections 74(a) and 88(a) of the ATIA introduce requirements for the proactive publication of the package of briefing materials prepared for a new Minister or deputy head. These requirements do not apply to Parliamentary Secretaries.<blockquote>'''Briefing materials'''
'''74''' A minister shall cause to be published in electronic form
(a) within 120 days after the appointment of the minister, the package of briefing materials that is prepared for the minister by a government institution for the purpose of enabling the minister to assume the powers, duties and functions of his or her office;
'''(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;
Briefing materials
'''Briefing materials'''
'''88''' The head of a government entity shall cause to be published in electronic form
(a) within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office;</blockquote></div>
'''(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;</blockquote></div>
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It will depend on the circumstances: if a deputy head, or person in a position of equivalent rank, is invited to appear and plans to appear and materials are prepared for them, but for some reason is unable to appear and an ADM appears in their place, then the materials would need to be proactively published because it was prepared for the appearance of a deputy head or a person in a position of equivalent rank.
It will depend on the circumstances: if a deputy head, or person in a position of equivalent rank, is invited to appear and plans to appear and materials are prepared for them, but for some reason is unable to appear and an ADM appears in their place, then the materials would need to be proactively published because it was prepared for the appearance of a deputy head or a person in a position of equivalent rank.
In contrast, if an ADM is invited to appear before a committee of Parliament in their own right, the requirement does not apply.<blockquote>Briefing materials
In contrast, if an ADM is invited to appear before a committee of Parliament in their own right, the requirement does not apply.<blockquote>'''Briefing materials'''
'''88''' The head of a government entity shall cause to be published in electronic form
(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.</blockquote></div>
'''(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.</blockquote></div>
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==Reclassification of positions==
== Reclassification of positions==
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'''Q1: Are both upward and downward reclassification of positions part of the new proactive publication requirements?'''
'''Q1: Are both upward and downward reclassification of positions part of the new proactive publication requirements?'''
<div class="mw-collapsible-content">
<div class="mw-collapsible-content">
Section 85 of the ''Access to Information Act'' requires institutions for which Treasury Board is the employer to publish information about all reclassification of positions within 30 calendar days after the end of the quarter in which there is a reclassification of an occupied position. <blockquote>Reclassification of positions
Section 85 of the ''Access to Information Act'' requires institutions for which Treasury Board is the employer to publish information about all reclassification of positions within 30 calendar days after the end of the quarter in which there is a reclassification of an occupied position. <blockquote>'''Reclassification of positions'''
'''85''' Within 30 days after the end of the quarter in which there is a reclassification of an occupied position in a government institution that is a department named in Schedule I to the ''Financial Administration Act'' or a portion of the core public administration named in Schedule IV to that Act, the head of the government institution shall cause to be published in electronic form the following information:
(a) the organizational unit in question;
'''(a)''' the organizational unit in question;
(b) the number and title of the reclassified position;
'''(b)''' the number and title of the reclassified position;
(c) the previous classification and the new classification;
'''(c)''' the previous classification and the new classification;
(d) the purpose of the reclassification;
'''(d)''' the purpose of the reclassification;
(e) the effective date of the reclassification; and
'''(e)''' the effective date of the reclassification; and
(f) any other information that, in accordance with Treasury Board policies, must be published.</blockquote>This publication requirement is consistent with current Treasury Board policies and guidelines.
'''(f)''' any other information that, in accordance with Treasury Board policies, must be published.</blockquote>This publication requirement is consistent with current Treasury Board policies and guidelines.
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