441
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Changes
→General Questions
A deputy head within the meaning of section 11(1) of the ''Financial Administration Act'' or subsection 2(1) of the ''Public Service Employment Act'';
A deputy head within the meaning of section 11(1) of the ''Financial Administration Act'' or subsection 2(1) of the ''Public Service Employment Act'';
Any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head; and
Any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head; and
Any other person appointed pursuant to subsection 127.1(1)(b) of the Public Service Employment Act, other than associate deputy heads or persons of a rank equivalent to associate deputy heads.
Any other person appointed pursuant to subsection 127.1(1)(b) of the Public Service Employment Act, other than associate deputy heads or persons of a rank equivalent to associate deputy heads.
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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 the Act are:
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 the Act are:
With respect to proactive publication for Ministers’ Offices:<blockquote>Publication not required
With respect to proactive publication for Ministers’ Offices:<blockquote>'''Publication not required'''
80 (1) A minister 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 74 to 78 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, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.
'''80 (1)''' A minister 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 74 to 78 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, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.
Publication not permitted
'''Publication not permitted'''
(2) A minister 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 74 to 78 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, a head of a government institution 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.</blockquote>With respect to proactive publication by government institutions:<blockquote>Publication not required
'''(2)''' A minister 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 74 to 78 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, a head of a government institution 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.</blockquote>With respect to proactive publication by government institutions:<blockquote>'''Publication not required'''
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.
'''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.
Publication not permitted
'''Publication not permitted'''
(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.</blockquote></div>
'''(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.</blockquote></div>
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If an institution does not proactively publish the third-party copyright works that are included in a briefing package based on the section 68 exclusion, the titles and publishers could be provided in the spirit of ensuring transparency when the remaining package is proactively published.
If an institution does not proactively publish the third-party copyright works that are included in a briefing package based on the section 68 exclusion, the titles and publishers could be provided in the spirit of ensuring transparency when the remaining package is proactively published.
The Canadian Style provides instructions on how to document sources of information that were not prepared by an institution.
[https://www.btb.termiumplus.gc.ca/tcdnstyl-chap?lang=eng&lettr=chapsect9&info0=9#zz9 The Canadian Style] provides instructions on how to document sources of information that were not prepared by an institution.
However, officials are encouraged to consider – at the time of preparing the briefing material – alternatives to using the work itself or limiting use, such as by conveying only the necessary information in a new or original form. This is particularly so in the case of works that are neither published nor available for purchase, or would otherwise not be subject to an exclusion under ATIA.
However, officials are encouraged to consider – at the time of preparing the briefing material – alternatives to using the work itself or limiting use, such as by conveying only the necessary information in a new or original form. This is particularly so in the case of works that are neither published nor available for purchase, or would otherwise not be subject to an exclusion under ATIA.
If an institution decides to proactively publish the third-party copyright works that were in a package of briefing materials, section 32.1 of the ''Copyright Act'' may apply. Section 32.1 of the ''Copyright Act'' expressly provides that it “is not an infringement of copyright for any person to disclose, pursuant to the ''Access to Information Act'', a record within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material.”
If an institution decides to proactively publish the third-party copyright works that were in a package of briefing materials, section 32.1 of the ''Copyright Act'' may apply. Section 32.1 of the ''Copyright Act'' expressly provides that it “is not an infringement of copyright for any person to disclose, pursuant to the ''Access to Information Act'', a record within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material.”
If third party materials (such as newspaper articles or non-government reports) are proactively published, they should be in compliance with the [[/open.canada.ca/en/open-government-licence-canada|Open Government Licence]].
If third party materials (such as newspaper articles or non-government reports) are proactively published, they should be in compliance with the [http://open.canada.ca/en/open-government-licence-canada Open Government Licence].
'''RELEVANT PROVISIONS – ''ACCESS TO INFORMATION ACT'''''
<blockquote>Act does not apply to certain materials
<blockquote>'''Act does not apply to certain materials'''
68 This Act does not apply to
'''68''' This Act does not apply to
(a) published material or material available for purchase by the public
'''(a)''' published material or material available for purchase by the public
Publication not required
'''Publication not required'''
80(1) A minister 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 74 to 78 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, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.
'''80(1)''' A minister 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 74 to 78 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, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.
Publication not required
'''Publication not required'''
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.</blockquote>
'''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.</blockquote>
'''RELEVANT PROVISIONS – ''COPYRIGHT ACT'''''
<blockquote>No infringement
<blockquote>'''No infringement'''
32.1(1) It is not an infringement of copyright for any person
'''32.1(1)''' It is not an infringement of copyright for any person
(a) to disclose, pursuant to the [[/laws-lois.justice.gc.ca/eng/acts/A-1|''Access to Information Act'']], a record within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material;</blockquote></div>
'''(a)''' to disclose, pursuant to the ''[https://laws-lois.justice.gc.ca/eng/acts/A-1 Access to Information Act]'', a record within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material;</blockquote></div>
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If a link is used, then be sure to establish the business processes required to ensure that links within the proactively published package of briefing materials do not break in the event that the content is moved or archived to a different website.
If a link is used, then be sure to establish the business processes required to ensure that links within the proactively published package of briefing materials do not break in the event that the content is moved or archived to a different website.
Linking to non-Government of Canada websites must be done in accordance with [[/www.canada.ca/en/transparency/terms.html|Canada.ca terms and conditions]].
Linking to non-Government of Canada websites must be done in accordance with [https://www.canada.ca/en/transparency/terms.html Canada.ca terms and conditions].
Here are some factors to consider to determine whether providing a link is the appropriate approach include:
Here are some factors to consider to determine whether providing a link is the appropriate approach include:
* If the material has already been published on a Government of Canada website with an address (URL) that is not expected to be updated (such as departmental content posted on Canada.ca or on an institutional gc.ca domain), an institution could consider using a link, provided that the material is not going to be updated.
*If the material has already been published on a Government of Canada website with an address (URL) that is not expected to be updated (such as departmental content posted on Canada.ca or on an institutional gc.ca domain), an institution could consider using a link, provided that the material is not going to be updated.
* If a PDF version of the information is available on [[/publications.gc.ca/site/eng/home.html|gc.ca]], an institution could consider using such link.
* If a PDF version of the information is available on [http://publications.gc.ca/site/eng/home.html gc.ca], an institution could consider using such link.
* If there is a possibility that the information in the link might be updated in the future (such as organizational charts or biographical information about senior management), institutions should avoid using a link.
*If there is a possibility that the information in the link might be updated in the future (such as organizational charts or biographical information about senior management), institutions should avoid using a link.
* If material is posted on a Government of Canada website that was established for an initiative or campaign with a pre-determined start and end date, linking is not recommended because the link may not work after the end date.</div>
*If material is posted on a Government of Canada website that was established for an initiative or campaign with a pre-determined start and end date, linking is not recommended because the link may not work after the end date.</div>
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Within government institutions, heads or their delegates are responsible for monitoring compliance with the requirements of the Access to Information Act. Accordingly, each institution is responsible for implementing the appropriate governance and processes for proactive publication within their organization.
Within government institutions, heads or their delegates are responsible for monitoring compliance with the requirements of the Access to Information Act. Accordingly, each institution is responsible for implementing the appropriate governance and processes for proactive publication within their organization.
It is important to remember that all proactive publications must be compliant with the [[/laws-lois.justice.gc.ca/eng/acts/O-3.01/|Official Languages Act]] and the Standard on Web Accessibility.
It is important to remember that all proactive publications must be compliant with the [https://laws-lois.justice.gc.ca/eng/acts/O-3.01/ Official Languages Act] and the [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=23601 Standard on Web Accessibility].
Additionally, 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.
Additionally, 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.
As a best practice, in order to streamline proactive publication processes, institutions may wish to have approval authorities in the Office(s) of Primary Interest (those responsible for producing briefing materials) confirm that the briefing materials are bilingual, accessible and pre-reviewed to identify confidential, privileged and personal information that may be subject to valid exceptions to publication at the outset of the process.
As a best practice, in order to streamline proactive publication processes, institutions may wish to have approval authorities in the Office(s) of Primary Interest (those responsible for producing briefing materials) confirm that the briefing materials are bilingual, accessible and pre-reviewed to identify confidential, privileged and personal information that may be subject to valid exceptions to publication at the outset of the process.
Additional guidance and tools, including process map templates, are available in the main [[/www.gcpedia.gc.ca/wiki/ATI/PP|Proactive Publication Requirements]] section of this site.
Additional guidance and tools, including process map templates, are available in the main [https://www.gcpedia.gc.ca/wiki/ATI/PP Proactive Publication Requirements] section of this site.
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==Publishing Information Online==
==Publishing Information Online==
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'''Where will institutions be required to proactively publish information?'''
'''Q1: Where will institutions be required to proactively publish information?'''
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As set out in the [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32756 Directive on Proactive Publication under the Access to Information Act], information that is to be proactively published under Part 2 of the Access to Information Act must be published on the Treasury Board of Canada Secretariat’s Open Government Portal - [https://open.canada.ca/en/proactive-disclosure open.canada.ca]
All publications must meet official language and accessibility standards as per the Government’s ''[https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=30683 Policy on Communications and Federal Identity]''.
All publications must meet official language and accessibility standards as per the Government’s [https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=30683 ''Policy on Communications and Federal Identity''.]
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'''Question'''
'''Q2: What information can be posted to the Open Government Portal (open.canada.ca)?'''
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With respect to publishing to the Open Government Portal, there are templates in place for many proactive publication requirements (contracts, grants and contributions, travel and hospitality expenses, reclassification of positions, titles and tracking numbers of memoranda, and Question Period notes).
For proactive publications that do not have a template, such as reports tabled in Parliament, briefing materials for new ministers and deputy heads, and briefing materials for Parliamentary Committee appearances, institutions can publish to [https://open.canada.ca/en/proactive-disclosure open.canada.ca] as an ‘Open Information’ resource; or publish to their institutional page and create a metadata record on [https://open.canada.ca/en/proactive-disclosure open.canada.ca]. This ensures that all proactive publications are searchable on [https://open.canada.ca/en/proactive-disclosure open.canada.ca].
Publications must meet official language and accessibility standards as per the Government’s ''[https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=30683 Policy on Communications and Federal Identity]''.
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'''Question'''
'''Q3: What is the format of publication to open.canada.ca for information that does not have a template available?'''
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Resources can be posted in any format, as long as they meet the [https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=23601#appB Standard on Web Accessibility] (HTML, PDF-UA, .txt, ePub).
For information that is proactively published using the templates available on [https://open.canada.ca/en/proactive-disclosure open.canada.ca], accessibility standards are already built in.
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'''Question'''
'''Q4: Is there guidance on accessible formats?'''
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All online government content must meet official language and accessibility standards. As set out in the [https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=23601#appB Standard on Web Accessibility], all government web pages must meet all five [http://www.w3.org/TR/WCAG20/#conformance-reqs Web Content Accessibility Guidelines (WCAG) 2.0 conformance requirements].
In particular, [https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=23601#appB section 6.1.1] states that an accessible document needs to be a file type where “Sufficient Techniques specific to each technology (that is relied upon) are used where applicable”. Since WCAG only has Technology Specific Techniques for .pdf, Plain Text, and .HTML, then an accessible document needs to be in one of those file types, and follow the technology specific techniques.
For open information resources there needs to be at least one version of the document that is compliant with the Standard on Web Accessibility, but other non-accessible versions can also be added. For example, it would be acceptable for institutions to publish an accessible .pdf of a document and also add a non-accessible Microsoft Word version.
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'''Question'''
'''Q5: When proactively publishing to the Open Government portal, is the Chief Information Officer (CIO) approval of metadata elements required?'''
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Yes. Approval from your Chief Information Officer (CIO), or delegate, is required before publishing your briefing material metadata on [https://open.canada.ca/en/proactive-disclosure open.canada.ca]. To support institutions and CIOs in managing the risks related to the release of data and information assets, TBS has developed a ‘Open Government Portal Publication Checklist’ that consolidates common release exceptions. It is the responsibility of CIOs to ensure that an answer of ‘True’ can be given for all criteria before any series of data and information resources are published and thereby released under the [https://open.canada.ca/en/open-government-licence-canada Open Government Licence].
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'''Question'''
'''Q6: If an institution has its own approval processes, is CIO approval required when proactively publishing to the Open Government Portal?'''
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It depends. CIO approval is required when publishing information to [https://open.canada.ca/en/proactive-disclosure open.canada.ca] for which there is no template available as “Open Information” such as a report tabled in Parliament. However, CIO approval is not required when publishing information to open.canada.ca for which there is a template available such as for travel expenses, hospitality expenses, and reclassification of positions. For more information on CIO approvals, please refer to our [https://open.canada.ca/ckan/en/dataset/9eaa6d0e-4b8c-5241-acf7-c6885294b8c1 Open Government Guidebook.]
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'''Question'''
'''Q7: Does proactively published information have to be posted in both official languages?'''
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All proactively published information must meet official language requirements as per the Government’s ''[https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=30683 Policy on Communications and Federal Identity]''.
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'''Question'''
'''Q8: What is the retention schedule for proactively published information?'''
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TBS is currently working with Library and Archives Canada to determine retention and disposition periods for all proactively published information.
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'''Q1: How can I determine if a senior official or employee in my organization is subject to the proactive publication requirements for travel and hospitality expenses?'''
'''Q1: How can I determine if a senior official or employee in my organization is subject to the proactive publication requirements for travel and hospitality expenses?'''
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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 the ''Access to Information Act''’s definition under Section 81: <blockquote>''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'')</blockquote></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 the ''Access to Information Act''’s definition under Section 81: <blockquote>'''''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'')</blockquote></div>
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'''Q5: Is there any guidance available to government institutions?'''
'''Q5: Is there any guidance available to government institutions?'''
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Yes. The ''Guide to the Proactive Publication of Travel and Hospitality Expenses'' is available to government institutions.
Yes. The ''[https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=32660 Guide to the Proactive Publication of Travel and Hospitality Expenses]'' is available to government institutions.
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'''Q6: Are there any changes to the reporting requirement of the annual travel, hospitality and conferences expenditures required under the Directive on Travel, Hospitality, Conference and Event Expenditures?'''
'''Q6: Are there any changes to the reporting requirement of the annual travel, hospitality and conferences expenditures required under the Directive on Travel, Hospitality, Conference and Event Expenditures?'''
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No. The ''Access to Information Act'' does not impact the requirement for the annual reporting of travel, hospitality and conferences expenditures as per section 4.1.2 of the ''Directive on Travel, Hospitality, Conference and Event Expenditures''.
No. The ''Access to Information Act'' does not impact the requirement for the annual reporting of travel, hospitality and conferences expenditures as per section 4.1.2 of the [https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=27228 ''Directive on Travel, Hospitality, Conference and Event Expenditures''.]
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==Contracts over $10,000==
== Contracts over $10,000==
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'''Q1: What are the reporting requirements regarding ministers' office contracts?'''
'''Q1: What are the reporting requirements regarding ministers' office contracts?'''
'''Q2: Have there been any changes to the ''Guidelines on the Proactive Disclosure of Contracts'' regarding Ministers' Office Contracts?'''
'''Q2: Have there been any changes to the ''Guidelines on the Proactive Disclosure of Contracts'' regarding Ministers' Office Contracts?'''
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The ''Guidelines on the Proactive Disclosure of Contracts'' have been updated to include specific departmental reporting guidance with regard to the proactive publication of Ministers’ Office Contracts (see Appendix A, section 36).
The ''[https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=14676 Guidelines on the Proactive Disclosure of Contracts]'' have been updated to include specific departmental reporting guidance with regard to the proactive publication of Ministers’ Office Contracts (see Appendix A, section 36).
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== Reports tables in Parliament==
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'''Question'''
'''Q1: Which reports tabled in Parliament are required to be proactively published?'''
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Section 84 of the ''Access to Information Act'' requires that any report of a government institution respecting its activities that must be tabled in the Senate or House of Commons under an Act of Parliament must be published electronically within 30 days after the day it is tabled.
The head of the institution is responsible for proactively publishing the report related to that institution’s activities even if another institution tabled the report in Parliament on its behalf. An example of this is when a minister tables an annual report on behalf of a Crown corporation. The head of the Crown Corporation is responsible for ensuring the annual report is proactively published to the institutional website or to [https://open.canada.ca/en/proactive-disclosure open.canada.ca].
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==Reports tables in Parliament==
==Question Period Notes ==
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'''Question'''
'''Q1: What Question Period notes are required to be published?'''
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Question Period notes that were prepared by the institution and were in use (that is, were available to the Minister for use in Question Period) on the last sitting day in June and December are required to be proactively published.
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All Question Period notes as prepared by the institution would be released as they appeared at the end of each sitting of the House of Commons, within 30 calendar days following the last sitting day in June and December. The publication deadlines would be extended to July 31 if the House is not sitting in June, and January 31 if it is not sitting in December.
The question period notes would be the final notes as prepared by the institution and would be published regardless of whether or not the Minister actually attended the last sitting day. This could include Question Period notes that were prepared in any month of the year, provided they were actually in use (available to the minister) on the last sitting day of the month in question. It is understood that some Question Period notes that were used in February, for example, may no longer be part of the Question Period package in June and therefore, would not be required to be proactively published.
The package of notes should be treated as independent disclosures to be proactively published twice a year, regardless of whether some of the notes (or versions of the notes) were published as part of a previous publication. Each proactive publication should reflect the package of notes in use at the time.<blockquote>'''Briefing materials'''
'''74''' A minister shall cause to be published in electronic form
'''(c)''' within 30 days after the last sitting day of the House of Commons in June and December or, respectively, no later than July 31 or January 31 if the House of Commons is not sitting in June or December, the package of question period notes that were prepared by a government institution for the minister and that were in use on the last sitting day of the month in question;</blockquote></div>
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'''Question'''
'''Q2: Are written questions posed in the House of Commons and the Senate required to be proactively published?'''
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There are no provisions in the ATIA that require the proactive publication of written questions posed in the House of Commons and the Senate.
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'''Question'''
'''Q3: What is meant by "in use"?'''
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“In use” refers to Question Period notes that were prepared by an institution and were part of the minister’s Question Period package for the last sitting day in June and December.
This could include Question Period notes that were prepared in any month of the year, provided they were in use on the last sitting day of the month in question. It is understood that some Question Period notes that were provided to the minister’s office in February, for example, may no longer be part of the Question Period package in June and therefore, would not be required to be proactively published.
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'''Question'''
'''Q4: How do I know which Question Period notes were "in use"?'''
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We recommend that institutions work with their ministers’ offices to establish a business process for identifying which Question Period notes were in use on the last sitting day.
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'''Question'''
'''Q5: What if the minister did not attend Question Period on the last sitting day?'''
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The Question Period notes must be published regardless of whether or not the minister actually attended the last sitting day.
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'''Question'''
'''Q6: What is the deadline for proactive publication if the House does not sit in June and/or December?'''
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The publication deadline is extended to July 31 if the House is not sitting in June; and January 31 if it is not sitting in December.
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'''Question'''
'''Q7: How much time do I have to upload my Question Period notes to the Open Government Portal?'''
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The Act requires the proactive publication of Question Period notes within 30 days after the last sitting day in June and December. Institutions will be able to upload their Question Period notes until midnight on the day before the proactive publication deadline.
Question Period notes that are uploaded to the Portal can be updated or edited at any time before midnight on the 29th day after the last sitting day.
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'''Question'''
'''Q8: The Question Period note that was provided to the minister's office contains information that was provided by another institution. Who is responsible for proactively publishing the information?'''
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In situations where one institution provides information or a Question Period note to another institution (for example, a portfolio partner provided input on a Question Period note or a draft Question Period note to a lead department), the lead institution who provided the Question Period note to the minister’s office would be responsible for publishing it.
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'''Question'''
'''Q9: What should I do if there is information in a Question Period note that must be withheld because of an exemption or exclusion in the Act?'''
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Information published through proactive publication should mirror what would be released if information were released in response to a request. In other words, if an institution received an access to information request for a Question Period note and would apply redactions because of exemptions or exclusions in the Act, the same redactions should apply when the note is proactively published.
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'''Question'''
'''Q10: How do I show that information has been withheld?'''
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If redaction is required (in part or in whole), indicate: *redacted* in place of the withheld material.
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'''Question'''
'''Q11: What do I do if I receive an access to information request for a Question Period note before I have a chance to proactively publish it?'''
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The request-based system and the proactive publication provisions of the ATIA operate in tandem, with a common goal of making government information more open and transparent.
Canadians can still make a request for Question Period notes, even though these are scheduled to be proactively published. Institutions must, within legislated deadlines, process access to information requests for Question Period notes, even though the notes will be ultimately proactively published.
Section 26 (Refusal of access if information to be published) does not apply if the publication is pursuant to a requirement in Part 2 of the Act.
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'''Question'''
'''Q12: What happens if the last sitting day is a "deemed" sitting day?'''
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The Act requires the proactive publication of the package of Question Period notes that was in use on the last sitting day in June and December (in other words, when the House adjourns). It is understood that the House may have a special or unusual sitting after adjourning, such as sitting for the purpose of royal assent. In such situations, the package of Question Period notes that was in use for the last Question Period before adjournment would be proactively published
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==Titles and tracking numbers of memoranda==
==Titles and tracking numbers of memoranda==
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'''Question'''
'''Q1: In sections 74 and 88 of the ATIA, what is considered a "Memorandum"?'''
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“Memorandum” refers to a formal memorandum or briefing note seeking a decision, signature, or providing information to the Minister or deputy head.
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'''Question'''
'''Q2: Does the requirement to proactively publish titles and tracking numbers of briefing notes mean I have to adapt titles to protect sensitive information?'''
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Institutions are encouraged to use titles that provide the recipient with sufficient information as to the content of the note. The intent of the proactive publication requirements is to increase the openness of government.
Keep in mind that proactive publication under Part 2 would 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.
The relevant provisions of the Act are sections 80 and 90.
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'''Question'''
'''Q3: Does the title and tracking number of a briefing note that is prepared for a Minister but that is stopped before reaching their office need to be published?'''
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No. The ATIA requires the proactive publication of titles and tracking numbers of briefing notes received by a Minister or deputy head’s office (see subsections 74(b) and 88(b)). Consequently, a memorandum to a Minister that is prepared but is not received by his or her office (for example, it does not proceed beyond the Deputy Minister’s office) would not need to be proactively published.
The same would apply to a briefing note that is prepared for a DM but does not proceed beyond an ADM’s office.
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==Package of briefing materials of new Minister or deputy head==
==Package of briefing materials of new Minister or deputy head==
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'''Question'''
'''Q1: Does the "appointment" correspond to the date of the announcement of the appointment, or when the Minister or deputy head starts in his or her new role?'''
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The appointment corresponds to the date the Minister or deputy head starts in his or her new role.
Sections 74(a) and 88(a) of the ATIA require the proactive publication of briefing materials prepared for the Minister or deputy head, within 120 days after their appointment.
The purpose of these provisions is to make publicly available the briefing materials used to enable the Minister or Deputy Minister to assume their new responsibilities. The date on which they assume those responsibilities is the appointment date.
For example, on March 1st 2018 the Prime Minister announces the appointment of J. Doe as Deputy Minister effective June 15, 2018. In this case, the briefing material prepared for the Deputy Minister would be required to be proactively published within 120 days after June 15, 2018.<blockquote>'''Briefing materials'''
'''74''' A minister shall cause to be published in electronic form
'''(a)''' within 120 days after the appointment of the minister, the package of briefing materials that is prepared for the minister by a government institution for the purpose of enabling the minister to assume the powers, duties and functions of his or her office;
'''Briefing materials'''
'''88''' The head of a government entity shall cause to be published in electronic form
'''(a)''' within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office;</blockquote></div>
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'''Question'''
'''Q2: What should be proactively published if a minister does not change portfolio when the new Cabinet is appointed?'''
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The ''Access to Information Act'' requires, within 120 days after the appointment of the minister, the proactive publication of the package of briefing materials that is prepared for the minister to enable them to assume the powers, duties and functions of their office.
Ministers, once appointed, remain in office until they resign, die, or are dismissed or replaced. So, technically, the proactive publication requirements would not apply to a minister who continues in the same office following an election.
However, we encourage institutions to proactively publish, in the spirit of openness and transparency, the package of briefing material prepared for a minister, even if the minister continues in the same office following an election.
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'''Question'''
'''Q3: What is required to be published if the Minister or deputy head requests that material be added to their briefing package after it was provided by the institution?'''
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It is understood that, in the course of briefing a new Minister or deputy head, new materials might be subsequently requested by the Minister or deputy head after they become more familiar with the files. However, this additional material would not be subject to the proactive publication requirement.
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'''Question'''
'''Q4: Do transition binders for new Parliamentary Secretaries need to be proactively published?'''
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No. Sections 74(a) and 88(a) of the ATIA introduce requirements for the proactive publication of the package of briefing materials prepared for a new Minister or deputy head. These requirements do not apply to Parliamentary Secretaries.<blockquote>'''Briefing materials'''
'''74''' A minister shall cause to be published in electronic form
'''(a)''' within 120 days after the appointment of the minister, the package of briefing materials that is prepared for the minister by a government institution for the purpose of enabling the minister to assume the powers, duties and functions of his or her office;
'''Briefing materials'''
'''88''' The head of a government entity shall cause to be published in electronic form
'''(a)''' within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office;</blockquote></div>
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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 [https://orders-in-council.canada.ca/attachment.php?attach=37705&lang=en 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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==Package of briefing materials for Parliamentary Committee appearances of Ministers and deputy heads==
==Package of briefing materials for Parliamentary Committee appearances of Ministers and deputy heads==
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'''Question'''
'''Q1: Do we need to publish Committee binders when an Assistant Deputy Minister attends instead of a Deputy Minister?'''
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It will depend on the circumstances: if a deputy head, or person in a position of equivalent rank, is invited to appear and plans to appear and materials are prepared for them, but for some reason is unable to appear and an ADM appears in their place, then the materials would need to be proactively published because it was prepared for the appearance of a deputy head or a person in a position of equivalent rank.
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In contrast, if an ADM is invited to appear before a committee of Parliament in their own right, the requirement does not apply.<blockquote>'''Briefing materials'''
'''88''' The head of a government entity shall cause to be published in electronic form
'''(c)''' within 120 days after an appearance before a committee of Parliament, the package of briefing materials that is prepared for the deputy head or the person for the purpose of that appearance.</blockquote></div>
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'''Question'''
'''Q2: Would briefing material prepared for an appearance before the Senate need to be proactively published?'''
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The section 88(c) requirement applies to appearances before a committee of either of the two Houses of Parliament: the House of Commons or the Senate.
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==Reclassification of positions==
== Reclassification of positions==
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'''Question'''
'''Q1: Are both upward and downward reclassification of positions part of the new proactive publication requirements?'''
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Section 85 of the ''Access to Information Act'' requires institutions for which Treasury Board is the employer to publish information about all reclassification of positions within 30 calendar days after the end of the quarter in which there is a reclassification of an occupied position. <blockquote>'''Reclassification of positions'''
'''85''' Within 30 days after the end of the quarter in which there is a reclassification of an occupied position in a government institution that is a department named in Schedule I to the ''Financial Administration Act'' or a portion of the core public administration named in Schedule IV to that Act, the head of the government institution shall cause to be published in electronic form the following information:
'''(a)''' the organizational unit in question;
'''(b)''' the number and title of the reclassified position;
'''(c)''' the previous classification and the new classification;
'''(d)''' the purpose of the reclassification;
'''(e)''' the effective date of the reclassification; and
'''(f)''' any other information that, in accordance with Treasury Board policies, must be published.</blockquote>This publication requirement is consistent with current Treasury Board policies and guidelines.
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</div>
</div>
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