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<div style="line-height:.7em; font-size: 200%; font-family:'Helvetica Neue', 'Lucida Grande', Tahoma, Verdana, sans-serif;">&nbsp;<center>Proactive Publication for Crown Corporations: Frequently Asked Questions</center></div><br>
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<div style="line-height: 1.0 em; font-size: 200%; font-family:'Helvetica Neue', 'Lucida Grande', Tahoma, Verdana, sans-serif;">&nbsp;<center>Getting ready for proactive publication: Crown Corporations<br>
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Frequently Asked Questions</center></div><br>
 
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==General==
 
==General==
===What is the current status of Bill C-58, an Act to amend the Access to Information Act?===
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The status of the Bill is available on the Parliamentary website, and the latest version of the Bill can be found here. It is a collaborative work tool for federal employees. Users are free to use the wiki as they see fit, within the code of conduct.
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! <div style="text-align: left">What is the current status of Bill C-58, an Act to amend the Access to Information Act? </div>
 
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===What changes are proposed in Bill C-58?===
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|The status of the Bill is available on the [http://www.parl.ca/LegisInfo/BillDetails.aspx?Language=en&Mode=1&billId=9057528&View=0 Parliamentary website], and the latest version of the Bill can be found [http://www.parl.ca/DocumentViewer/en/42-1/bill/C-58/third-reading Bill C-58 here].
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Bill C-58 creates a new Part 2 of the Access to Information Act that legislates proactive publication and expands coverage of the Act to new institutions not previously covered.
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! <div style="text-align: left">What changes are proposed in Bill C-58?  </div>
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|Bill C-58 creates a new Part 2 of the Access to Information Act that legislates proactive publication and expands coverage of the Act to new institutions not previously covered.
 
The Bill also makes significant changes to the request-based system, including:  
 
The Bill also makes significant changes to the request-based system, including:  
Providing the Information Commissioner with order-making power
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* Providing the Information Commissioner with order-making power
Allowing government institutions to seek the Information Commissioner’s approval to decline to act on requests that are vexatious or made in bad faith
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* Allowing government institutions to seek the Information Commissioner’s approval to decline to act on requests that are vexatious or made in bad faith
Facilitating the sharing of access to information and personal information request processing services between institutions within the same Ministerial portfolio
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* Facilitating the sharing of access to information and personal information request processing services between institutions within the same Ministerial portfolio
A legislative summary can be found on the Library of Parliament’s website.
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A legislative summary can be found on the [https://lop.parl.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?source=library_prb&ls=C58&Parl=42&Ses=1&Language=E Library of Parliament’s website].
 
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===When are institutions required to proactively publish information? ===
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For government institutions, proactive publication obligations will come into force upon Royal Assent of Bill C-58. Therefore, institutions are encouraged to prepare now to meet the requirements of Bill C-58. For example, institutions can establish business processes and begin to publish briefing note titles and tracking numbers in advance of coming into force.
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The proactive publication schedule and list of requirements can be found on ???.
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! <div style="text-align: left">When are institutions required to proactively publish information? </div>
 
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===What is the difference between a government institution and a government entity?
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|For government institutions, proactive publication obligations will come into force upon Royal Assent of Bill C-58. Therefore, institutions are encouraged to prepare now to meet the requirements of Bill C-58.  
 
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Bill C-58 differentiates the proactive publication requirements for “government institutions” and “government entities”.
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Government institutions are all institutions subject to the Access to Information Act.
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! <div style="text-align: left">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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Government entities are government departments, agencies and other bodies subject to the ATIA and listed in Schedules I, I.1, or II of the Financial Administration Act.
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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 Bill C-58 are:
  
In addition, government institutions for which the Treasury Board is the employer are subject to the requirement of reclassification of positions.
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Section 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 requirements for government institutions and government entities can be found on GCpedia.
 
 
 
===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? ===
 
 
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 Bill C-58 are:
 
 
==== With respect to proactive publication for Ministers’ Office: ====
 
Publication not required
 
80 (1) A minister 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 74 to 78 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, a head of a government institution 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 minister 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 74 to 78 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, a head of a government institution 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.
 
 
==== With respect to proactive publication by government institutions: ====
 
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.
 
(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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==Implementation==
 
==Implementation==
===Does TBS have any tools that institutions can use to guide this transition process? ===
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! <div style="text-align: left">Does TBS have any tools that institutions can use to guide this transition process? </div>
This site provides guidance and tools such as process maps that institutions can use to assist with implementation in their respective organizations. We will continue to add additional tools and information over the coming weeks. In addition, TBS will offer workshops on specific issues.  
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With requirements for government institutions coming into force upon Royal Assent of Bill C-58, institutions are encouraged to begin looking at their internal processes to identify areas where adjustments might be needed to deliver on these new obligations and to also consider putting practices into effect before the law comes into force.
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|This site provides guidance and tools such as process maps that institutions can use to assist with implementation in their respective organizations. We will continue to add additional tools and information as they become available. With requirements for government institutions coming into force upon Royal Assent of Bill C-58, institutions are encouraged to begin looking at their internal processes to identify areas where adjustments might be needed to deliver on these new obligations and to also consider putting practices into effect before the law comes into force.
 
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===What governance is required within my organization to support proactive publication? ===
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Each institution will need to determine the appropriate governance and processes to support publication within their organization. TBS has made available on GCpedia guidance and tools such as process maps that institutions can use and adapt to assist with implementation in their respective organizations.
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! <div style="text-align: left">What governance is required within my organization to support proactive publication? </div>
 
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===Will Bill C-58 change what we are already proactively publishing? ===
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|Each institution will need to determine the appropriate governance and processes to support publication within their organization. <!--Hidden comments go here. TBS has made available on GCpedia guidance and tools such as process maps that institutions can use and adapt to assist with implementation in their respective organizations.-->
 
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While some proactive publication requirements in Bill C-58 build on existing policy requirements, some of the timing for publication has changed. Other requirements will be new to most institutions.
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Institutions are encouraged to compare existing proactive processes against the requirements in Bill C-58. The proactive publication requirements for government institutions are listed here.
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! <div style="text-align: left">Will Bill C-58 change what we are already proactively publishing? </div>
 
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===How can I determine if a senior official or employee in my organization is subject to the new proactive publication requirements?===
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|Proactive publication requirements in Bill C-58 for Crown corporations build on existing practices, with some changes to the timing for publication. <br>
Institutions are encouraged to consult with their legal counsel to determine whether or not a senior-level employee in their organization would fall under Bill C-58’s definition under Section 81:
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Institutions are encouraged to compare existing proactive processes against the requirements in Bill C-58.
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! <div style="text-align: left">How can I determine if a senior official or employee in my organization is subject to the new proactive publication requirements? </div>
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|Institutions are encouraged to consult with their legal counsel to determine whether or not a senior-level employee in their organization would fall under Bill C-58’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)
 
* 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)
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===Who is the “head of the government institution” for my institution?===
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Section 3 of the Access to Information Act defines the “head of the government institution” as follows:
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! <div style="text-align: left">Who is the “head of the government institution” for my institution? </div>
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| Section 3 of the Access to Information Act defines the “head of the government institution” as follows:
  
 
* head, in respect of a government institution, means
 
* head, in respect of a government institution, means
(a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or
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(a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or
(b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; (responsable d’institution fédérale)<br>
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(b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; (responsable d’institution fédérale)<br>
  
 
Once Bill C-58 comes into force, this definition will apply to both Part 1 (request-based system) and Part 2 (proactive publication) of the Access to Information Act.
 
Once Bill C-58 comes into force, this definition will apply 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">If Royal Assent of Bill C-58 falls during the middle of the month, do I need to proactively publish documents from the entire month or just the period following Royal Assent? </div>
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|The transition provisions of Bill C-58, set out below, provide that the proactive publication requirements apply to information or materials that were prepared on or after the date of coming into force of the requirements. The requirements will come into force on Royal Assent of the bill.
  
===Do we need delegation authorities for the new Part 2 requirements for the head of the government institution?===
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'''Non-application of Part 2'''
 
 
There is no need for a delegation in relation to Part 2. The intention of Bill C-58, however, is that there would be consistency between what information is disclosed pursuant to Parts 1 and 2.
 
 
 
===If Royal Assent of Bill C-58 falls during the middle of the month, do I need to proactively publish documents from the entire month or just the period following Royal Assent? ===
 
 
 
The transition provisions of Bill C-58, set out below, provide that the proactive publication requirements apply to information or materials that were prepared on or after the date of coming into force of the requirements. The requirements will come into force on Royal Assent of the bill.
 
As an example, for briefing note titles, if Royal Assent were to occur on June 15th, within 30 days after the end of June, an institution will be required to publish titles and tracking numbers of briefing notes that were received by a minister’s office or Deputy Minister’s office between June 15 and the end of June.<br>
 
 
 
However, it is important to note that travel and hospitality expenses, contracts, grants and contributions and position reclassification are currently subject to policy requirements for proactive publication. These policy requirements will apply to expenses incurred, contracts or agreements entered into, and position reclassifications that pre-date the coming-into-force of Bill C-58.
 
====Non-application of Part 2====
 
  
 
46 A provision of Part 2 of the Access to Information Act that requires the publication of any information or any materials does not apply to
 
46 A provision of Part 2 of the Access to Information Act that requires the publication of any information or any materials does not apply to
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(e) any report that was tabled in the Senate or the House of Commons before that date; or
 
(e) any report that was tabled in the Senate or the House of Commons before that date; or
 
(f) any occupied position in a government institution that was reclassified before that date.
 
(f) any occupied position in a government institution that was reclassified before that date.
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== Where to post information ==
 
== Where to post information ==
=== Where will Crown corporations be required to proactively publish information?=== <big>PLEASE REVIEW</big>
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It is still to be determined where Crown corporations will publish this information upon Royal Assent. All publications must meet Official Languages and accessibility standards. We will post further guidance on this site in the coming weeks.  
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! <div style="text-align: left">Where will Crown corporations be required to proactively publish information? </div>
 
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<---!=== What information can be posted to the Open Government portal?==
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|Crown corporations and wholly-owned subsidiaries can continue to publish items to their institutional websites, with the option to publish to open.canada.ca. If publishing to open.canada.ca using standardized templates, wholly-owned subsidiaries must publish through the parent organization.  
With respect to publishing to the Open Government Portal, there are standardized templates in place for many existing proactive disclosure requirements (e.g., contracts, travel and hospitality). TBS will develop a standardized template for Titles and Tracking Numbers of briefing notes to facilitate publication to the Open Government Portal and will also provide training and guidance to support organizations to publish to the Open Government Portal more generally.
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For proactive publications that are not in standard formats, such as reports tabled in Parliament, Transition binders, Question Period binders, and binders for Parliamentary Committee appearances, institutions may post on departmental websites or on the Open Government Portal. Institutions are encouraged to publish to the Open Government Portal to make the information easily accessible to Canadians.
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Publications must meet Official Language and Accessibility standards as per the Government’s Policy on Communications and Federal Identity. TBS will also provide tools and guidance to support institutions in meeting the accessibility requirements in multiple file formats (HTML, PDF, EPUB3, ODF).--!>
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! <div style="text-align: left"> What information can be posted to the Open Government portal? </div>
===Does proactive publication information have to be posted in both official languages? === REVIEW
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All proactively published information must meet Official Language requirements as per the Government’s Policy on Communications and Federal Identity.
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|Crown corporations can publish any standardized information (Travel and Hospitality) to the Open Government portal using standardized templates. Should Crown corporations want to publish non-standardized publications to the Open Government portal (Reports Tabled in Parliament), they will be required to create a metadata record on open.canada.ca that will link back to the publication on their page. This same process applies to all government departments that wish to publish non-standardized information to the Open Government portal. Creating a metadata record on open.canada.ca ensures that all publications are centralized and searchable in one place.
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! <div style="text-align: left">How do I post to the Open Government Portal? </div>
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| Information about how to post to the portal is available [[Media:Training Guide- Access to Information.pdf|here]].
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<!--===Does proactive publication information have to be posted in both official languages? === ANSWER UNDER REVIEW
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All proactively published information must meet Official Language requirements as per the Government’s Policy on Communications and Federal Identity. -->
  
=== Will information that has already been released in the public domain need to be republished under this legislation?===
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We do not anticipate that previously released information will need to be republished. Once Bill C-58 comes into force, proactive publication must be in accordance with the requirements of the bill. Prior to that, certain material may be published according to existing policy requirements that may vary somewhat from Bill C-58’s provisions.
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! <div style="text-align: left"> Will information that has already been released in the public domain need to be republished under this legislation?</div>
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|The transition provisions of Bill C-58 provide that the proactive publication requirements apply to information or materials that were prepared on or after the date of coming into force of the requirements. The requirements will come into force on Royal Assent of the bill.  
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=== What is the retention schedule for proactively published information?=== 
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! <div style="text-align: left">What is the retention schedule for proactively published information??</div>
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|Guidance on retention schedules will be posted as it becomes available.
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Guidance on retention schedules will be posted in the coming weeks.
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== Travel and hospitality expenses ==
 
== Travel and hospitality expenses ==
=== Where can I find the requirement to make receipts available within 5 business days upon request? ===
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This is not a statutory requirement but will be required through policy. This policy requirement is currently in development.
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! <div style="text-align: left"> Where can I find the requirement to make receipts available within 5 business days upon request? </div>
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| This is not a statutory requirement but will be required through policy. This policy requirement is currently in development.
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== Reports tabled in Parliament ==
 
== Reports tabled in Parliament ==
===Which reports tabled in Parliament are required to be proactively published? ===
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Section 84 in Bill C-58 would require 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.
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! <div style="text-align: left">Which reports tabled in Parliament are required to be proactively published? </div>
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| Section 84 in Bill C-58 would require 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 be published electronically within 30 days after the day it is tabled.
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Latest revision as of 15:19, 4 July 2018

 
Getting ready for proactive publication: Crown Corporations
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