Difference between revisions of "Proactive Publication Guidance - Access to Information Act"
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| − | == | + | == At a Glanceː 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 | + | 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 publications include briefing memos, travel & 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. |
| − | == | + | == TBS Guidance on Proactive Publication == |
| − | + | Pursuant to section 79(2) of the ''Access to Information Act'', the President of the Treasury Board is responsible for establishing directives and guidelines concerning proactive publication materials published under Part 2. The various policy instruments issued under the authority of the Act detail information such as what must be published, who must publish it, when it must be published, and where it must be published. | |
| − | == | + | ==== [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=12453 Policy on Access to Information] ==== |
| + | As the central Policy instrument for the federal entire access to information program, the Policy on Access to Information explains responsibilities under the Act and includes two supporting toolsː The [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=18310 Directive on Access to Information Requests,] specific to Part 1, and the Directive on Proactive Publication under the Access to Information Act- the main policy guidance piece regarding Proactive Publication. | ||
| + | |||
| + | ==== [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32756 Directive on Proactive Publication under the Access to Information Act] ==== | ||
| + | |||
| + | == Proactive Publication Requirements == | ||
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: | ||
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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. | 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 | + | A separate, detailed GCwiki page is available with information on proactive publication for [[Access_to_Information_and_Privacy_-_Crown_Corporations|Crown Corporations]]. |
{| class="wikitable" | {| class="wikitable" | ||
Latest revision as of 16:28, 23 July 2024
At a Glanceː 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 publications include briefing memos, travel & 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.
TBS Guidance on Proactive Publication
Pursuant to section 79(2) of the Access to Information Act, the President of the Treasury Board is responsible for establishing directives and guidelines concerning proactive publication materials published under Part 2. The various policy instruments issued under the authority of the Act detail information such as what must be published, who must publish it, when it must be published, and where it must be published.
Policy on Access to Information
As the central Policy instrument for the federal entire access to information program, the Policy on Access to Information explains responsibilities under the Act and includes two supporting toolsː The Directive on Access to Information Requests, specific to Part 1, and the Directive on Proactive Publication under the Access to Information Act- the main policy guidance piece regarding Proactive Publication.
Directive on Proactive Publication under the Access to Information Act
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 schedule I of the ATIA
- 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
- 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.
| 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 |
