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| | If your institution does not have access to the Open Government Registry please contact the Open Government Portal team at [mailto:open-ouvert@tbs-sct.gc.ca open-ouvert@tbs-sct.gc.ca]. They will be happy to facilitate access to the Open Government Registry for your institution. | | | If your institution does not have access to the Open Government Registry please contact the Open Government Portal team at [mailto:open-ouvert@tbs-sct.gc.ca open-ouvert@tbs-sct.gc.ca]. They will be happy to facilitate access to the Open Government Registry for your institution. |
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| <!-- SECTION 3: 8 QUESTIONS --> | | <!-- SECTION 3: 8 QUESTIONS --> |
− | <!-- SECTION 4: 1 QUESTIONS --> | + | == Travel and Hospitality Expenses == |
− | <!-- SECTION 5: 1 QUESTIONS -->
| + | <!-- QUESTION 3-1 --> |
− | | + | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
− | | + | |- |
| + | ! <div style="text-align: left">Q1: How can I determine if a senior official or employee in my organization is subject to the proactive publication requirements for travel and hospitality expenses?</div> |
| + | |- |
| + | | Institutions are encouraged to consult with their legal counsel to determine whether or not a senior-level employee in their organization would fall under the Access to Information Act’s definition under Section 81: |
| | | |
| + | :'''''senior officer or employee''''' means, in respect of a government institution, any person who exercises the powers or performs the duties and functions of a deputy minister, an associate deputy minister, an assistant deputy minister, a deputy head, an assistant deputy head, a president, a vice-president, a chief executive officer or a member of a board of directors, and any person who holds a position of an equivalent rank. (''dirigeant ou employé'') |
| | | |
| + | |} |
| + | <!-- QUESTION 3-2 --> |
| + | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
| + | |- |
| + | ! <div style="text-align: left">Q2: Do the proactive publication requirements for travel and hospitality expenses apply when someone is acting in a senior position?</div> |
| + | |- |
| + | | Yes, the proactive publication requirements apply to a person acting for a senior officer or employee as defined in section 81 of the Access to Information Act as they are exercising the powers or performing the duties and functions of that senior official or employee. |
| + | For example, if a Director General (DG) who is not classified as a “senior officer or employee”, was required to act for an Assistant Deputy Minister (ADM) who is classified as a “senior officer or employee”, the travel and hospitality expenses incurred by the DG as acting ADM would be required to be proactively published. |
| + | |} |
| + | <!-- QUESTION 3-3 --> |
| + | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
| + | |- |
| + | ! <div style="text-align: left">Q3: If a Deputy Minister also sits on the board of a Crown corporation, which institution is required to publish the DM’s travel and hospitality expenses? </div> |
| + | |- |
| + | | The obligation to proactively publish follows the reimbursement of any travel or hospitality expense incurred by senior officer or employee. The institution that processes the reimbursement would be required to proactively publish the information. |
| + | |} |
| + | <!-- QUESTION 3-4 --> |
| + | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
| + | |- |
| + | ! <div style="text-align: left">Q4: Do all hospitality expenses charged to the cost center budget of a senior officer or employee need to be proactively published regardless of whether or not he/she attended the hospitality activity?</div> |
| + | |- |
| + | | Yes, all hospitality expenses charged to the cost center budget of senior officers or employees must be proactively published, even if they did not attend the hospitality activity. |
| + | |} |
| + | <!-- QUESTION 3-5 --> |
| + | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
| + | |- |
| + | ! <div style="text-align: left">Q5: Are there any changes to the ''Directive on Travel, Hospitality, Conference and Event Expenditures'' to align with requirements in the Access to Information Act (ATIA)?</div> |
| + | |- |
| + | | The ''[https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=27228 Directive on Travel, Hospitality, Conference]'' and Event Expenditures was amended to reflect requirements of the ATIA which state that travel and hospitality expenses incurred by a senior officer or employee must be published within 30 days after the end of the month in which they are reimbursed. |
| + | |} |
| + | <!-- QUESTION 3-6 --> |
| + | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
| + | |- |
| + | ! <div style="text-align: left">Q6: Is there any guidance available to Crown corporations?</div> |
| + | |- |
| + | | Yes. The draft Guide to the Proactive Publication of Travel and Hospitality Expenses is available to Crown Corporations on [https://wiki.gccollab.ca/Access_to_Information_and_Privacy_-_Crown_Corporations/Proactive_publication GCWiki]. This draft Guide was updated on July 4, 2019, and replaces the version released in April 2018. |
| + | |} |
| + | <!-- QUESTION 3-7 --> |
| + | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
| + | |- |
| + | ! <div style="text-align: left">Q7: Are there any changes to the reporting requirement of the annual travel, hospitality and conferences expenditures required under the Directive on Travel, Hospitality, Conference and Event Expenditures?</div> |
| + | |- |
| + | | No. The ''Access to Information Act'' does not impact the requirement for the annual reporting of travel, hospitality and conferences expenditures as per section 4.1.3 of the ''[https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=27228 Directive on Travel, Hospitality, Conference and Event Expenditures]''. |
| + | |} |
| + | <!-- QUESTION 3-8 --> |
| + | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
| + | |- |
| + | ! <div style="text-align: left">Q8: Will there be a requirement to make receipts available within 5 business days upon request?</div> |
| + | |- |
| + | | Such a requirement is not being introduced at this time, given the complexity of operationalizing this for institutions and Crown corporations. |
| + | |} |
| + | <!-- SECTION 4: --> |
| + | == Reports tabled in Parliament == |
| <!-- QUESTION * --> | | <!-- QUESTION * --> |
| {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" | | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
| |- | | |- |
− | ! <div style="text-align: left">Q1: Question</div> | + | ! <div style="text-align: left">Q1: Which reports tabled in Parliament are required to be proactively published?</div> |
| |- | | |- |
− | | Answer | + | | Section 84 of the ''Access to Information Act'' requires that any report of a government institution respecting its activities that must be tabled in the Senate or House of Commons under an Act of Parliament must be published electronically within 30 days after the day it is tabled. |
| + | |
| + | The head of the institution is responsible for proactively publishing the report related to that institution’s activities even if another institution tabled the report in Parliament on its behalf. An example of this is when a minister tables an annual report on behalf of a Crown corporation. The head of the Crown Corporation is responsible for ensuring the annual report is proactively published to the institutional website or to [https://open.canada.ca/en/proactive-disclosure open.canada.ca]. |
| |} | | |} |
| + | <!-- SECTION 5 --> |
| + | == Reclassification of Positions == |
| + | <!-- QUESTION 5-1 --> |
| + | {| class="wikitable mw-collapsible mw-collapsed" border="1" cellspacing="0" cellpadding="4" width="100%" |
| + | |- |
| + | ! <div style="text-align: left">Q1: Are both upward and downward reclassification of positions part of the new proactive publication requirements?</div> |
| + | |- |
| + | | Section 85 of the ''Access to Information Act'' requires institutions for which Treasury Board is the employer to publish information about all reclassification of positions within 30 calendar days after the end of the quarter in which there is a reclassification of an occupied position. |
| | | |
| + | :'''Reclassification of positions''' |
| | | |
| + | :'''(85)''' Within 30 days after the end of the quarter in which there is a reclassification of an occupied position in a government institution that is a department named in Schedule I to the Financial Administration Act or a portion of the core public administration named in Schedule IV to that Act, the head of the government institution shall cause to be published in electronic form the following information: |
| | | |
| + | :'''(a)''' the organizational unit in question; |
| + | :'''(b)''' the number and title of the reclassified position; |
| + | :'''(c)''' the previous classification and the new classification; |
| + | :'''(d)''' the purpose of the reclassification; |
| + | :'''(e)''' the effective date of the reclassification; and |
| + | :'''(f)''' any other information that, in accordance with Treasury Board policies, must be published. |
| | | |
− | | + | This proactive publication requirement is consistent with current Treasury Board policies and guidelines. |
− | | + | |} |
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