Proactive Publication Guidance - Access to Information Act

What is Proactive Publication?

In 2019, Bill C-58 received royal assent, bringing into force the most significant changes to the Access to Information Act (ATIA) since it's inception in 1983. Amongst several important changes was the introduction of Part II: Proactive Publication of Information. Proactive Publications are records considered to be of public interest that government bodies subject to the Act must publish on a scheduled basis. Examples of proactive publication materials include briefing memos, travel and hospitality expenses incurred by senior officers, specific contracting information and more. All government Proactive Publication materials are available on the Open Government Portal for a minimum of 10 years following publication.

What Proactive Publication requirements are government departments subject to?

The Act differentiates between three types of government bodies that are subject to Proactive Publication requirements:

1. Government Institutions: Crown Corporations & institutions named in schedule I of the ATIA
2. Government Entities (majority of government bodies subject to the ATIA): Government bodies named in schedules I, I.1 or II of the Financial Administration Act
3. Ministers: includes the Prime Minister and any Minister of State or Associate Minister

While additional requirements vary depending on the type of government body, all bodies subject to Part II must publish travel & hospitality expenses of senior officers and reports tabled in Parliament.

A separate, detailed GCWiki page is available with information on proactive publication for Crown Corporations.

Proactive Publication - Table of Requirements

ATIA Section	Government Body	Requirement	Publication Timeline
82	Institutions	Travel expenses incurred by a senior officer or employee of a government institution	Within 30 days after the end of the month of reimbursement
83	Institutions	Hospitality expenses incurred by a senior officer or employee of a government institution	Within 30 days after the end of the month of reimbursement
84	Institutions	Any report tabled in Parliament under an Act of Parliament	Within 30 days after the day on which it is tabled
85	Bodies noted in FAA Schedules I & IV	Reclassification of positions	Within 30 days after the quarter
86	Entities	Contracts over $10,000	Quarters 1 to 3: within 30 days after the quarter \ Quarter 4: within 60 days after the quarter
87	Entities	Grants and contributions over $25,000	Within 30 days after the quarter
88(a)	Entities	Packages of briefing materials prepared for new or incoming deputy heads or equivalent	Within 120 days after the appointment
88(b)	Entities	Titles and reference numbers of memoranda prepared for a deputy head, or equivalent, that are received by their office	Within 30 days after the end of the month received
88(c)	Entities	Packages of briefing materials prepared for a deputy head’s or equivalent’s appearance before a committee of Parliament	Within 120 days after appearance
74(a)	Ministers	Packages of briefing materials prepared by a government institution for new or incoming ministers	Within 120 days after the appointment
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