Difference between revisions of "Proactive Publication Guidance - Access to Information Act"

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== What is Proactive Publication? ==
 
== What is Proactive Publication? ==
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 (briefing materials, travel and hospitality expenses incurred etc.) bodies subject to the Act must publish on a scheduled basis. 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].
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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- for example, briefing materials, travel and hospitality expenses incurred- that bodies subject to Part II must publish on a scheduled basis. 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.
  
 
== What Proactive Publication requirements are government departments subject to? ==
 
== What Proactive Publication requirements are government departments subject to? ==
  
The Act distinguishes requirements between the various types of bodies subject to the Act, including government entities, government institutions, and ministers (see [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32756#travel:~:text=Legislative%20requirement appendix B of the Directive on Proactive Publication under the Access to Information Act]). The vast majority of bodies subject to the Act are 'government institutions' defined as  I, I.1 or II of the ''[https://laws-lois.justice.gc.ca/eng/acts/F-11/ Financial Administration Act]''.
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The Act differentiates between three types of government bodies that are subject to Proactive Publication requirements:                                                                      
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# Crown Corporations & institutions named in schedule I of the ATIA
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# Government institutions named in schedules I, I.1 or II of the ''[https://laws-lois.justice.gc.ca/eng/acts/F-11/ Financial Administration Act]''
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# Ministers
  
As noted in [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32756#:~:text=Appendix%20B%3A%20Table%20of%20Proactive%20Publication%20Requirements Appendix B] of the Directive, the following tables delineate legislative timelines by institution type:
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All government bodies subject to the ATIA are required to publish travel ans hospitality
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expenses of senior officers and reports tabled in Parliament, however additional
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requirements vary.  
  
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A separate, detailed GCWiki page is available with information specific to Crown Corporations. For more information on Part II requirements for Crown Corporations, see [[Access_to_Information_and_Privacy_-_Crown_Corporations|here]].
 
{| class="wikitable"
 
{| class="wikitable"
 
|+ Proactive Publication Table of Requirements
 
|+ Proactive Publication Table of Requirements
 
|-
 
|-
! Institution Type !! Legislative Requirement !! Legislated Timeline !! ATIA Section
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! ATIA Section !! Government Body !! Requirement !! Publication Timeline
 
|-
 
|-
| Those defined in section 3 of the Access to Information Act || Travel expenses incurred by a senior officer or employee of a government institution|| Within 30 days after the end of the month of reimbursement || 82
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| 82 || Crown Corporations & [https://laws-lois.justice.gc.ca/eng/acts/A-1/page-14.html#h-1075 ATIA Schedule I Bodies]|| Travel expenses incurred by a senior officer or employee of a government institution || Within 30 days after the end of the month of reimbursement
 
|-
 
|-
| Example || Example || Example || Example
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| 83|| Crown Corporation & [https://laws-lois.justice.gc.ca/eng/acts/A-1/page-14.html#h-1075 ATIA Schedule I Bodies]|| Hospitality expenses incurred by a senior officer or employee of a government institution|| Within 30 days after the end of the month of reimbursement
 
|-
 
|-
| Example || Example || Example || Example
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| 84 || Crown Corporation & [https://laws-lois.justice.gc.ca/eng/acts/A-1/page-14.html#h-1075 ATIA Schedule I Bodies] || Any report tabled in Parliament under an Act of Parliament || Within 30 days after the day on which it is tabled
 
|-
 
|-
 
| Example || Example || Example || Example
 
| Example || Example || Example || Example

Latest revision as of 11:42, 16 July 2024

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- for example, briefing materials, travel and hospitality expenses incurred- that bodies subject to Part II must publish on a scheduled basis. 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. Crown Corporations & institutions named in schedule I of the ATIA
  2. Government institutions named in schedules I, I.1 or II of the Financial Administration Act
  3. Ministers

All government bodies subject to the ATIA are required to publish travel ans hospitality expenses of senior officers and reports tabled in Parliament, however additional requirements vary.

A separate, detailed GCWiki page is available with information specific to Crown Corporations. For more information on Part II requirements for Crown Corporations, see here.

Proactive Publication Table of Requirements
ATIA Section Government Body Requirement Publication Timeline
82 Crown Corporations & ATIA Schedule I Bodies 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 Crown Corporation & ATIA Schedule I Bodies 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 Crown Corporation & ATIA Schedule I Bodies Any report tabled in Parliament under an Act of Parliament Within 30 days after the day on which it is tabled
Example Example Example Example
Example Example Example Example
Example Example Example Example
Example Example Example Example
Example Example Example Example