47
edits
Changes
→Package of briefing materials of new Minister or deputy head
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'''Question'''
'''Q5: Should institutions proactively publish transition materials for interim deputy heads?'''
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Subsection 88(a) requires the publication of the package of briefing materials prepared for a deputy head or person of equivalent rank for the purposes of enabling them to assume the functions of their office “within 120 after the appointment of a deputy head or a person to a position of an equivalent rank”. (emphasis added)
Consequently, the answer as to whether or not the provision applies to someone who is in the position on an interim basis depends upon whether or not there is a Governor in Council appointment of a deputy head on an interim basis. If there is a Governor in Council appointment, then the proactive publication requirement applies. Here is an example of an interim appointment.
However, in cases where there is an ADM acting as deputy minister but there is no Governor in Council appointment, the proactive publication requirements would not be triggered.
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'''Question'''
'''Q6: In sections 74 and 88, what is considered "the package of briefing materials"?'''
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Sections 74(a) and 88(a) of the ATIA require, within 120 days after the appointment, the proactive publication of the package of briefing materials prepared by an institution for the Minister or deputy head for the purpose of enabling them to assume the powers, duties and functions of their office.
In anticipation of the appointment of a minister or deputy head, it is routine for the department to prepare an initial foundational package of briefing materials to assist them in assuming their powers, duties and functions. The intention of the proactive publication requirement is to increase the openness of government by making this initial package of briefing materials publicly available by publishing it online.
While this initial package is typically shared on the date of appointment, it is possible it could be provided over the course of several days.
Only the initial package that was prepared by an institution to enable the Minister or deputy head to assume their new responsibilities would be subject to proactive publication. It is understood that, in the course of briefing a new Minister or deputy head, supplemental materials might be subsequently requested by the Minister or deputy head after they become more familiar with the files. This secondary briefing would not be subject to the proactive publication requirement. As well, the foundational briefing may be followed by more detailed file-specific briefings that would not be subject to the proactive publication requirement.
Remember that proactive publication does not require the release of information that would properly be withheld in response to an access to information request, such as personal information, Cabinet confidences, and solicitor-client privileged information. Institutions should be mindful that materials that are proactively published may still be requested under the request-based system.
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