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' that are listed in schedules I, I.1 or II of the Financial Administration Act.
As noted in Appendix B of the Directive, the following tables delineate legislative timelines by institution type:
| ATIA Section | Institution Type | Requirement | Publication Timeline |
|---|---|---|---|
| 82 | Crown Corporation | Travel expenses incurred by a senior officer or employee of a government institution | Within 30 days after the end of the month of reimbursement |
| 82 | Hospitality expenses incurred by a senior officer or employee of a government institution | Within 30 days after the end of the month of reimbursement | 83 |
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