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

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== What is Proactive Publication? ==
 
== 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- 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.
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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.
  
 
== What Proactive Publication requirements are government departments subject to? ==
 
== What Proactive Publication requirements are government departments subject to? ==
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The Act differentiates between three types of government bodies that are subject to Proactive Publication requirements:                                                                         
 
The Act differentiates between three types of government bodies that are subject to Proactive Publication requirements:                                                                         
 
# '''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]
 
# '''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:''' 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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# '''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
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# '''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.
 
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 specific to Crown Corporations. For more information on Part II requirements for Crown Corporations, see [[Access_to_Information_and_Privacy_-_Crown_Corporations|here]].
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A separate, detailed GCWiki page is available with information specific to [[Access_to_Information_and_Privacy_-_Crown_Corporations|Crown Corporations]].
 
{| class="wikitable"
 
{| class="wikitable"
 
|+ Proactive Publication Table of Requirements
 
|+ Proactive Publication Table of Requirements
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! ATIA Section !! Government Body !! Requirement !! Publication Timeline
 
! ATIA Section !! Government Body !! Requirement !! Publication Timeline
 
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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
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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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| 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
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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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| 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
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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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| 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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| 87 || '''Entities''' || Grants and contributions over $25,000 || Within 30 days after the quarter
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| 88(a) || '''Entities''' || Packages of briefing materials prepared for new or incoming deputy heads or equivalent || Within 120 days after the appointment
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| Example || Example || Example || Example
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|}
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Latest revision as of 11:51, 17 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 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. 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 specific to Crown Corporations.

Proactive Publication Table of Requirements
ATIA Section Government Body Requirement Publication Timeline
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 the appointment
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