Changes

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==General==

==General==

===What is the current status of Bill C-58, an Act to amend the Access to Information Act?===

The status of the Bill is available on the [http://www.parl.ca/LegisInfo/BillDetails.aspx?Language=en&Mode=1&billId=9057528&View=0 Parliamentary website], and the latest version of the Bill can be found [http://www.parl.ca/DocumentViewer/en/42-1/bill/C-58/third-reading Bill C-58 here].

! <div style="text-align: left">What is the current status of Bill C-58, an Act to amend the Access to Information Act? </div>

|The status of the Bill is available on the [http://www.parl.ca/LegisInfo/BillDetails.aspx?Language=en&Mode=1&billId=9057528&View=0 Parliamentary website], and the latest version of the Bill can be found [http://www.parl.ca/DocumentViewer/en/42-1/bill/C-58/third-reading Bill C-58 here].

===What changes are proposed in Bill C-58?===

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Bill C-58 creates a new Part 2 of the Access to Information Act that legislates proactive publication and expands coverage of the Act to new institutions not previously covered.

! <div style="text-align: left">What changes are proposed in Bill C-58? </div>

|Bill C-58 creates a new Part 2 of the Access to Information Act that legislates proactive publication and expands coverage of the Act to new institutions not previously covered.

The Bill also makes significant changes to the request-based system, including:  

The Bill also makes significant changes to the request-based system, including:  

* Providing the Information Commissioner with order-making power

* Providing the Information Commissioner with order-making power

* Facilitating the sharing of access to information and personal information request processing services between institutions within the same Ministerial portfolio

* Facilitating the sharing of access to information and personal information request processing services between institutions within the same Ministerial portfolio

A legislative summary can be found on the [https://lop.parl.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?source=library_prb&ls=C58&Parl=42&Ses=1&Language=E Library of Parliament’s website].

A legislative summary can be found on the [https://lop.parl.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?source=library_prb&ls=C58&Parl=42&Ses=1&Language=E Library of Parliament’s website].

 

===When are institutions required to proactively publish information? ===

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For government institutions, proactive publication obligations will come into force upon Royal Assent of Bill C-58. Therefore, institutions are encouraged to prepare now to meet the requirements of Bill C-58.  

 

! <div style="text-align: left">When are institutions required to proactively publish information? </div>

===What if there is information in the documents that are to be proactively published that is subject to an exclusion or exemption under the Access to Information Act? ===

 

|For government institutions, proactive publication obligations will come into force upon Royal Assent of Bill C-58. Therefore, institutions are encouraged to prepare now to meet the requirements of Bill C-58.  

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:

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! <div style="text-align: left">What if there is information in the documents that are to be proactively published that is subject to an exclusion or exemption under the Access to Information Act? </div>

|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:

Section 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.

Section 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.

(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.

 

==Implementation==

==Implementation==

===Does TBS have any tools that institutions can use to guide this transition process? ===

 

! <div style="text-align: left">Does TBS have any tools that institutions can use to guide this transition process? </div>

This site provides guidance and tools such as process maps that institutions can use to assist with implementation in their respective organizations. We will continue to add additional tools and information as they become available. With requirements for government institutions coming into force upon Royal Assent of Bill C-58, institutions are encouraged to begin looking at their internal processes to identify areas where adjustments might be needed to deliver on these new obligations and to also consider putting practices into effect before the law comes into force.

 

|This site provides guidance and tools such as process maps that institutions can use to assist with implementation in their respective organizations. We will continue to add additional tools and information as they become available. With requirements for government institutions coming into force upon Royal Assent of Bill C-58, institutions are encouraged to begin looking at their internal processes to identify areas where adjustments might be needed to deliver on these new obligations and to also consider putting practices into effect before the law comes into force.

===What governance is required within my organization to support proactive publication? ===

 

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Each institution will need to determine the appropriate governance and processes to support publication within their organization. <!--Hidden comments go here. 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.-->

 

! <div style="text-align: left">What governance is required within my organization to support proactive publication? </div>

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

 

|Each institution will need to determine the appropriate governance and processes to support publication within their organization. <!--Hidden comments go here. 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.-->

Proactive publication requirements in Bill C-58 for Crown corporations build on existing practices, with some changes to the timing for publication.  

 

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! <div style="text-align: left">Will Bill C-58 change what we are already proactively publishing? {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%"

|Proactive publication requirements in Bill C-58 for Crown corporations build on existing practices, with some changes to the timing for publication. <br>

Institutions are encouraged to compare existing proactive processes against the requirements in Bill C-58.

Institutions are encouraged to compare existing proactive processes against the requirements in Bill C-58.

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

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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:

! <div style="text-align: left">How can I determine if a senior official or employee in my organization is subject to the new proactive publication requirements? </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 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)

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

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