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 that government bodies subject to the Act must publish on a scheduled basis. Examples of proactive publication materials include briefing memos, travel and 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.
What Proactive Publication requirements are government departments subject to?
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 |
