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Proactive Publication Guidance - Access to Information Act (view source)

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== What is Proactive Publication? ==
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== At a Glanceː Proactive Publication ==
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In 2019, Bill C-58 received royal assent, bringing into force the most significant changes to the ''[https://laws-lois.justice.gc.ca/eng/acts/A-1/ 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 [https://open.canada.ca/en Open Government Portal] for a [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32756#:~:text=All%20information%20published%20pursuant%20to%20Part%202%20of%20the%20Act%20must%20be%20maintained%20online%20for%20a%20minimum%20of%2010%20years. minimum of 10 years] following publication.
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In 2019, Bill C-58 received royal assent, bringing into force the most significant changes to the ''[https://laws-lois.justice.gc.ca/eng/acts/A-1/ 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 publications include briefing memos, travel & hospitality expenses incurred by senior officers, specific contracting information and more. All government proactive publication materials are available on the [https://open.canada.ca/en Open Government Portal] for a [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32756#:~:text=All%20information%20published%20pursuant%20to%20Part%202%20of%20the%20Act%20must%20be%20maintained%20online%20for%20a%20minimum%20of%2010%20years. minimum of 10 years] following publication.
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== What Proactive Publication requirements are government departments subject to? ==
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== TBS Policy Guidance on Proactive Publication ==
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Pursuant to section 79(2) of the ''Access to Information Act'', the President of the Treasury Board is responsible for establishing directives and guidelines concerning proactive publication materials published under Part 2. The various policy instruments issued under the authority of the Act detail information such as what must be published, who must publish it, when it must be published, and where it must be published.
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==== 1. [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=12453 Policy on Access to Information] ====
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As the central Policy instrument for the federal entire access to information program, the ''Policy on Access to Information'' explains responsibilities under the Act and includes two supporting toolsː The [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=18310 Directive on Access to Information Requests,] specific to Part 1, and the Directive on Proactive Publication under the Access to Information Act, specific to Part 2.
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==== 2. [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32756 Directive on Proactive Publication under the Access to Information Act] ====
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The ''Directive on Proactive Publication under the Access to Information Act'' serves to establish consistent practices across government bodies subject to Part 2. While the requirements are listed in the Act, the Directive helps provide additional details regarding the operational requirements pursuant to Part 2 - in other words - what, when, and where to post required information. Requirements noted in the Directive includeː
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* '''Section 4ː''' '''Requirements,''' includingː
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** Decision-making -
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** Procedures and systems
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** Roles and responsibilities
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** Retention and disposition
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* '''Appendix Cː Prescribed Platforms for Publishing Proactive Publication Requirements'''
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** The prescribed platform to publish information under Part 2 is the Treasury
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* '''Appendix Dː Retention and Disposition'''
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==== Additional TBS Policy Guidance ====
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==== 3. [https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/access-information-privacy-notices.html '''Access to Information and Privacy Implementation Notices''']====
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These notices provide guidance on the interpretation and application of the Access to Information Act and the Privacy Act and their related instruments. Implementation Notices have replaced implementation Reports and Information Notices prior to 2013.
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== Proactive Publication Requirements ==
    
The Act differentiates between three types of government bodies that are subject to Proactive Publication requirements:                                                                         
 
The Act differentiates between three types of government bodies that are subject to Proactive Publication requirements:                                                                         
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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.
 
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.
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A separate, detailed GCWiki page is available with information on proactive publication for [[Access_to_Information_and_Privacy_-_Crown_Corporations|Crown Corporations]].
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A separate, detailed GCwiki page is available with information on proactive publication for [[Access_to_Information_and_Privacy_-_Crown_Corporations|Crown Corporations]].
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{| class="wikitable"
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|+ Proactive Publication - Table of Requirements
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! ATIA Section !! Government Body !! Requirement !! Publication Timeline
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| 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
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| 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
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| 84 || '''Institutions''' || Any report tabled in Parliament under an Act of Parliament || Within 30 days after the day on which it is tabled
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|-
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| 85 || Bodies noted in FAA Schedules [https://laws-lois.justice.gc.ca/eng/acts/F-11/page-19.html#h-230472 I] & [https://laws-lois.justice.gc.ca/eng/acts/F-11/page-23.html#h-230578 IV] || Reclassification of positions || Within 30 days after the quarter
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| 86 || '''Entities''' || Contracts over $10,000 || Quarters 1 to 3: within 30 days after the quarter \ Quarter 4: within 60 days after the quarter
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| 87 || '''Entities''' || Grants and contributions over $25,000 || Within 30 days after the quarter
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| 88(a) || '''Entities''' || Packages of briefing materials prepared for new or incoming deputy heads or equivalent || Within 120 days after the appointment
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| 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
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| 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
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| 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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| Example || Example || Example || Example
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| Example || Example || Example || Example
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| Example || Example || Example || Example
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| Example || Example || Example || Example
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{| class="wikitable"
 
{| class="wikitable"
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| 84 || '''Institutions''' || Any report tabled in Parliament under an Act of Parliament || Within 30 days after the day on which it is tabled
 
| 84 || '''Institutions''' || Any report tabled in Parliament under an Act of Parliament || Within 30 days after the day on which it is tabled
 
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| 85 || Bodies noted in FAA Schedules [https://laws-lois.justice.gc.ca/eng/acts/F-11/page-19.html#h-230472 I] & [https://laws-lois.justice.gc.ca/eng/acts/F-11/page-23.html#h-230578 IV] || Reclassification of positions || Within 30 days after the quarter
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| 85 || '''Bodies noted in FAA Schedules [https://laws-lois.justice.gc.ca/eng/acts/F-11/page-19.html#h-230472 I] & [https://laws-lois.justice.gc.ca/eng/acts/F-11/page-23.html#h-230578 IV]''' || Reclassification of positions || Within 30 days after the quarter
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| 86 || '''Entities''' || Contracts over $10,000 || Quarters 1 to 3: within 30 days after the quarter / Quarter 4: within 60 days after the quarter
 
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| 87 || '''Entities''' || Grants and contributions over $25,000 || Within 30 days after the quarter
 
| 87 || '''Entities''' || Grants and contributions over $25,000 || Within 30 days after the quarter
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| 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
 
| 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
 
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| Example || Example || Example || Example
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