Proactive Publication Guidance - Access to Information Act

At a Glanceː 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 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 Open Government Portal for a minimum of 10 years following publication.

Treasury Board of Canada Secretariat (TBS) Policy Guidance on Proactive Publication

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.

1. Policy on Access to Information

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 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.

2. Directive on Proactive Publication under the Access to Information Act

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

• Section 4ː Requirements, where heads of institutions or delegates are responsible forː
  • Decision-making - Ensure all decision-making is undertaken in a fair, reasonable and impartial manner.
  • Procedures & Systems - Ensure procedures and systems established are consistent with requirements listed in the Proactive Publication Requirement Table noted below.
  • Roles & Responsibilities - Ensure procedures for meeting requirements identify positions and make obvious their related obligations.
  • Official languages and accessibility - Ensure Part 2 requirements respect the Official Languages Act, the Accessible Canada Act and associated Treasury Board policies, directives and guidelines.
  • Alignment - Aligning Part 2 requirements with other relevant Treasury Board policy instruments
  • Prescribed Platform - As previously noted, use of the Open Government Portal for all Part 2 requirements (barring a special exemption).
  • Tracking System - Establish and maintain an internal system to track processing, approval and publication of Part 2 requirements.
  • Retention & Disposition - Incorporating underlying records that support requirements under Part 2 into institutional retention and disposition schedules.
  • Monitoring & Reporting - Following reporting requirements as specified in Policy on Access to Information.
    • Under Monitoring & Reporting, employees are responsible forː
      • Providing Part 2 required information in an accessible format;
      • Providing recommendations and contextual information to the head of the institution about information that is not required or permitted to be published under sections 80 and 90 ̈(exempted information); and
      • Contributing to the development of web resource discovery metadata.

3. Additional TBS Policy Guidance

• Access to Information and Privacy Implementation Notices

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.

Proactive Publication Requirements

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
74(a)	Ministers	Packages of briefing materials prepared by a government institution for new or incoming ministers	Within 120 days after the appointment
74(b)	Ministers	Titles and reference numbers of memoranda, prepared by a government institution for the minister, that are received by their office	Within 30 days after the end of the month received
74(c)	Ministers	Package of question period notes prepared by a government institution for the minister and in use on the last sitting day of the House of Commons in June and December	Within 30 days after the last sitting day of the House of Commons in June and December
74(d)	Ministers	Packages of briefing materials prepared by a government institution for a minister’s appearance before a committee of Parliament	Within 120 days after appearance
75	Ministers	Travel expenses incurred by a minister, any of his or her ministerial advisers, or any member of his or her ministerial staff	Within 30 days after the end of the month of reimbursement
76	Ministers	Hospitality expenses incurred by a minister, any of his or her ministerial advisers, or any member of his or her ministerial staff	Within 30 days after the end of the month of reimbursement
77	Ministers	Contracts over ̯$10,000	Quarters 1 to 3: within 30 days after the quarter / Quarter 4: within 60 days after the quarter
78	Ministers	Expenditures of ministers’ offices	Within 120 days after the fiscal year
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 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