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

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The Government of Canada is working hard to enhance the role of Parliament and the proactive publication of information so that Canadians are better able to hold Parliament, their Government, and public sector officials to account. ''Italic text''To that end, the government of Canada added new requirements under the Access to Information Act requiring the proactive publication of certain information.
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== What is 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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Proactive Publications are information known to be of public interest that government departments subject to the ''Access to Information Act'' (ATIA) must publish on a scheduled and proactive basis. Proactive Publication requirements are noted in Part II of the ATIA, a new section introduced with the coming into force of Bill C-58 in June 2019 ''an Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts''.
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== What Policy Guidance Informs Proactive Publication? ==
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Proactive publication policy guidance stems from requirements listed under Part II of the ''Access to Information Act -'' sections 71.01 - 91(2). Within these sections are requirements pertaining to what must be published, who must publish it, when it must be published, and where to do so.
  
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In all, Proactive Publication requirements apply to:
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== What Proactive Publication Requirements are Government Bodies Subject to? ==
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* the Prime Minister’s Office
 
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* ministers’ offices
 
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* federal departments, agencies, administrative tribunals and boards
 
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* Crown corporations
 
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* other federal institutions, such as Port Authorities
 
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* Senators
 
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* members of Parliament
 
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* the administrative institutions that support Parliament and the courts
 
  
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This change has significantly expanded the openness and transparency of government information and provided Canadians with unprecedented insight into the government’s priorities, decision-making and operations. Since these requirements came into force in June 2019, the Open Government Portal has given the public access to over 35,000 briefing note titles and more than 1,600 Question Period notes.
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The Act differentiates between three types of government bodies that are subject to Proactive Publication requirements:                                                                       
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# '''Government Institutions:''' Crown Corporations & institutions named in [https://laws-lois.justice.gc.ca/eng/acts/A-1/page-14.html#h-1075 schedule I of the ATIA]
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# '''Government Entities''' (majority of government bodies subject to the ATIA): Government bodies named in 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-20.html#h-230498 I.1] or [https://laws-lois.justice.gc.ca/eng/acts/F-11/page-21.html#h-230507 II] of the ''[https://laws-lois.justice.gc.ca/eng/acts/F-11/ Financial Administration Act]''
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# '''Ministers:''' includes the Prime Minister and any Minister of State or Associate Minister
  
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For example, Canadians can now find the titles of briefing notes to ministers and deputy ministers, Question Period notes for ministers, briefing packages prepared for incoming deputies and ministers, and materials prepared for appearances at Parliamentary Committees online at the Open Government Portal. The Portal is easy to use, allowing users to search for the type of record they wish to access, the institution it comes from, or subject matters of interest.
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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.
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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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|-
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! ATIA Section !! Government Body !! Requirement !! Publication Timeline
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|-
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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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|-
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| 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
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|-
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| 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
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|-
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| 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
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|-
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| 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
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|-
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| 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
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|-
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| 77 || '''Ministers''' || 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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|-
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| 78 || '''Ministers''' || Expenditures of ministers’ offices || Within 120 days after the fiscal year
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|-
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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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|-
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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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|-
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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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|-
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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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|-
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| 87 || '''Entities''' || Grants and contributions over $25,000 || Within 30 days after the quarter
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|-
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| 88(a) || '''Entities''' || Packages of briefing materials prepared for new or incoming deputy heads or equivalent || Within 120 days after appointment
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|-
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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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|-
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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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|-
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|}

Latest revision as of 11:28, 22 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 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 Open Government Portal for a minimum of 10 years following publication.

What Policy Guidance Informs Proactive Publication?

Proactive publication policy guidance stems from requirements listed under Part II of the Access to Information Act - sections 71.01 - 91(2). Within these sections are requirements pertaining to what must be published, who must publish it, when it must be published, and where to do so.

What Proactive Publication Requirements are Government Bodies Subject to?

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
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