Proactive Publication Guidance - Access to Information Act

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 (briefing materials, travel and hospitality expenses incurred etc.) bodies subject to the Act must publish on a scheduled basis. All government Proactive Publication materials are available on the Open Government Portal for a minimum of 10 years.

What Proactive Publication requirements are government departments subject to?

The Act distinguishes requirements between the various types of bodies subject to the Act, including government entities, government institutions, and ministers (see appendix B of the Directive on Proactive Publication under the Access to Information Act). The vast majority of bodies subject to the Act are 'government institutions' defined as I, I.1 or II of the Financial Administration Act.

In all, Proactive Publication requirements apply to:

• the Prime Minister’s Office
• ministers’ offices
• federal departments, agencies, administrative tribunals and boards
• Crown corporations
• other federal institutions, such as Port Authorities
• Senators
• members of Parliament
• the administrative institutions that support Parliament and the courts

To be continued...