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==General==
==General==
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This definition applies to both Part 1 (request-based system) and Part 2 (proactive publication) of the ''Access to Information Act''.
This definition applies to both Part 1 (request-based system) and Part 2 (proactive publication) of the ''Access to Information Act''.
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! <div style="text-align: left">Q3: How will compliance with the new proactive publication requirements be monitored?</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, including monitoring compliance.
As well, since the requirements and timelines are clearly outlined in the legislation, the public will be able to monitor compliance by institutions.
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! <div style="text-align: left">Q4: Can someone make a complaint to the Information Commissioner about information that is proactively published? </div>
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| The Information Commissioner does not have an oversight role with respect to the proactive publication requirements in Part 2 of the ''Access to Information Act'' (see ATIA section 91(1)).
However, an individual can make an access to information request for records that have been proactively published. A requester can make a complaint to the Information Commissioner respecting records released in response to a request.
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! <div style="text-align: left">Q5: Can I request an extension to proactively publish material as I can for responding to an access to information request?</div>
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| No. There are no provisions under Part 2 that allow institutions to delay proactive publication beyond the timelines set out in the legislation.
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! <div style="text-align: left">Q6: What if there is information in the documents that are to be proactively published that is subject to an exclusion or exemption under the Access to Information Act?</div>
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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:
:'''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.
:'''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.
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! <div style="text-align: left">Q7: Should information that is being proactively published be redrafted or edited with a view to being more transparent instead of redacting so that sensitive information is no longer included?</div>
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| Documents should not be redrafted or edited for the purposes of proactive publication under Part 2 of the ''Access to Information Act''. Instead, redactions should be applied as appropriate pursuant to section 90 of the Act.
It’s important to keep in mind that materials that are proactively published by institutions that are subject to Part 1 of the ''Access to Information Act'' may be requested under the request-based system, so requesters will be able to compare the version provided through the request-based system and the version that is proactively published.
The Information Commissioner has oversight of the records provided in response to an access to information request.
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! <div style="text-align: left">Q8: What should institutions do with third-party material (such as newspaper articles or non-government reports) for the purposes of proactive publication?</div>
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| Answer
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! <div style="text-align: left">Q9: Question</div>
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| It is the policy and practice of the Crown to respect the private interests of copyright owners as feasible. Consequently, it is recommended, as a best practice, to avoid online publication of third-party copyright works to the extent possible, either by not including such material in the briefing package, or making use of the exceptions from disclosure as applicable.
Under sections 80 and 90 of the ''Access to Information Act'', Ministers and heads of government institutions are not required to proactively publish any information that would not be released in response to an access to information request under Part 1 of the ''Access to Information Act''. This would include applying the paragraph 68(a) exclusions for published material or material available for purchase by the public, where appropriate.
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.
[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.
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 [http://open.canada.ca/en/open-government-licence-canada Open Government Licence].
:'''RELEVANT PROVISIONS – ACCESS TO INFORMATION ACT'''
:'''Act does not apply to certain materials'''
:'''68''' This Act does not apply to
:'''(a)''' published material or material available for purchase by the public
:'''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.
:'''RELEVANT PROVISIONS – COPYRIGHT ACT'''
:'''No infringement'''
:'''32.1(1)''' It is not an infringement of copyright for any person
:'''(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;
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