Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Access to Information Act (R.S.C., 1985, c. A-1)

Act current to 2019-09-10 and last amended on 2019-08-28. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2002, c. 7, s. 77

    • 1994, c. 43, s. 80

      77 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

      • Yukon Surface Rights Board

        Office des droits de surface du Yukon

  • — 2013, c. 25, s. 20, as amended by 2014, c. 1, s. 20(3) and 2017, c. 32, s. 19(3)

    • 20 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):

  • — 2019, c. 18, s. 36

    • 36 The Act is amended by adding the following after the heading of Part 2:

      Senate, House of Commons and Parliamentary Entities

      Interpretation
      • Definition of quarter

        71.01 In sections 71.02 to 71.14, quarter means a three-month period that begins on the first day of January, April, July or October.

      Senators
      • Travel expenses

        71.02 Within 90 days after the end of the quarter in which any travel expenses incurred by a Senator are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:

        • (a) the Senator’s name;

        • (b) the purpose of the travel;

        • (c) the dates of the travel;

        • (d) the places visited;

        • (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:

          • (i) transportation,

          • (ii) lodging,

          • (iii) meals and any incidental expenses, and

          • (iv) other expenses; and

        • (f) the total amount of the travel expenses.

      • Hospitality expenses

        71.03 Within 90 days after the end of the quarter in which any expenses incurred by a Senator for a hospitality activity are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:

        • (a) the Senator’s name;

        • (b) the purpose of the hospitality activity;

        • (c) the date of the hospitality activity;

        • (d) the municipality in which the hospitality activity took place;

        • (e) the name of any commercial establishment or vendor involved in the hospitality activity;

        • (f) the number of persons who attended the hospitality activity; and

        • (g) the total amount of the expenses for the hospitality activity.

      • Contracts
        • 71.04 (1) Within 90 days after the end of the quarter in which a contract is entered into by a Senator with respect to Senate business, including a contract for professional, technical or administrative services or expertise, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:

          • (a) the Senator’s name;

          • (b) the subject matter of the contract;

          • (c) the names of the other parties;

          • (d) the contract period; and

          • (e) the value of the contract.

        • Increase or decrease in value of contract

          (2) Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the Senate shall cause to be published on the Senate’s website the value of the contract as amended.

      Members of the House of Commons
      • Travel expenses

        71.05 Within 90 days after the end of the quarter in which any travel expenses incurred by a member of the House of Commons are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:

        • (a) the member’s name;

        • (b) the purpose of the travel;

        • (c) the dates of the travel;

        • (d) the places visited;

        • (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:

          • (i) transportation,

          • (ii) lodging,

          • (iii) meals and any incidental expenses, and

          • (iv) other expenses; and

        • (f) the total amount for all travel expenses.

      • Hospitality expenses

        71.06 Within 90 days after the end of the quarter in which any expenses incurred by a member of the House of Commons for a hospitality activity are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:

        • (a) the member’s name;

        • (b) the purpose of the hospitality activity;

        • (c) the date of the hospitality activity;

        • (d) the municipality in which the hospitality activity took place;

        • (e) the name of any commercial establishment or vendor involved in the hospitality activity;

        • (f) the number of persons who attended the hospitality activity; and

        • (g) the total amount of the expenses for the hospitality activity.

      • Contracts
        • 71.07 (1) Within 90 days after the end of the quarter in which a contract is entered into by a member of the House of Commons with respect to House of Commons business, including a contract for professional, technical or administrative services or expertise, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:

          • (a) the member’s name;

          • (b) the subject matter of the contract;

          • (c) the names of the other parties;

          • (d) the contract period; and

          • (e) the value of the contract.

        • Increase or decrease in value of contract

          (2) Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the value of the contract as amended.

      Parliamentary Entities
      • Definition of head of a parliamentary entity

        71.08 In sections 71.09 to 71.11, head of a parliamentary entity means

        • (a) in respect of any administrative unit of the Senate — including a business sector, an operational division or a directorate — the person or committee that the Senate, by its rules or orders, designates;

        • (b) in respect of the office of the Senate Ethics Officer, the Speaker of the Senate;

        • (c) in respect of any administrative unit of the House of Commons, the Speaker of the House of Commons;

        • (d) in respect of the office of the Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons;

        • (e) in respect of the Library of Parliament, the Speaker of the Senate and the Speaker of the House of Commons, jointly; and

        • (f) in respect of the Parliamentary Protective Service, the Speaker of the Senate and the Speaker of the House of Commons, jointly.

      • Travel expenses

        71.09 Within 60 days after the end of the quarter in which any travel expenses incurred by an employee of a parliamentary entity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:

        • (a) the employee’s name;

        • (b) the purpose of the travel;

        • (c) the dates of the travel;

        • (d) the places visited;

        • (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:

          • (i) transportation,

          • (ii) lodging,

          • (iii) meals and any incidental expenses, and

          • (iv) other expenses; and

        • (f) the total amount of the travel expenses.

      • Hospitality expenses

        71.1 Within 60 days after the end of the quarter in which any expenses incurred by an employee of a parliamentary entity for a hospitality activity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:

        • (a) the employee’s name;

        • (b) the purpose of the hospitality activity;

        • (c) the date of the hospitality activity;

        • (d) the municipality in which the hospitality activity took place;

        • (e) the name of any commercial establishment or vendor involved in the hospitality activity;

        • (f) the number of persons who attended the hospitality activity; and

        • (g) the total amount of the expenses for the hospitality activity.

      • Contracts over $10,000
        • 71.11 (1) Within 60 days after the end of the quarter in which a contract that is in relation to the activities of a parliamentary entity and that has a value of more than $10,000 is entered into, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:

          • (a) the subject matter of the contract;

          • (b) the names of the parties;

          • (c) the contract period; and

          • (d) the value of the contract.

        • Contracts of $10,000 or less

          (2) Within 60 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a parliamentary entity and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the head of the parliamentary entity shall cause to be published on the entity’s website the information referred to in paragraphs (1)(a) to (d) with respect to the contract as amended.

        • Increase or decrease in value of contract

          (3) Within 60 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the head of the parliamentary entity shall cause to be published on the entity’s website the value of the contract as amended.

      Parliamentary Privilege and Security of Persons, Infrastructure and Goods
      • Parliamentary privilege

        71.12 Sections 71.02 to 71.11 do not apply to any of the information or any part of the information referred to in those sections if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines that the publication may constitute a breach of parliamentary privilege.

      • Security of persons, infrastructure and goods

        71.13 The Speaker of the Senate, the Speaker of the House of Commons or the person or committee designated for the purposes of paragraph 71.08(a), as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 71.09 to 71.11 if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines, after receiving the advice of the Parliamentary Protective Service or any administrative unit of the Senate or of the House of Commons, that the publication could compromise the security of persons, infrastructure or goods in the parliamentary precinct, as defined in section 79.51 of the Parliament of Canada Act.

      • Final decision

        71.14 A determination by the Speaker of the Senate, the Speaker of the House of Commons or a delegate of either Speaker that a publication may constitute a breach of parliamentary privilege or could compromise the security of persons, infrastructure or goods is final for the purposes of this Part, subject to the rules and orders of both Houses of Parliament.

  • — 2019, c. 18, s. 38

    • 38 The Act is amended by adding the following after section 90:

      Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs

      Interpretation
      • Definitions

        90.01 The following definitions apply in sections 90.02 to 90.24.

        Chief Administrator

        Chief Administrator means the Chief Administrator of the Courts Administration Service. (administrateur en chef)

        Commissioner

        Commissioner means the Commissioner for Federal Judicial Affairs. (commissaire)

        quarter

        quarter means a three-month period that begins on the first day of January, April, July or October. (trimestre)

        Registrar

        Registrar means the Registrar of the Supreme Court of Canada. (registraire)

      Office of the Registrar of the Supreme Court of Canada
      • Definitions

        90.02 The following definitions apply in this section and sections 90.03 to 90.09.

        Deputy Registrar

        Deputy Registrar means the Deputy Registrar of the Supreme Court. (registraire adjoint)

        Office of the Registrar of the Supreme Court

        Office of the Registrar of the Supreme Court means the Registrar and that portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act. (Bureau du registraire de la Cour Suprême)

        Supreme Court

        Supreme Court means the Supreme Court of Canada. (Cour suprême)

      • Travel expenses — Registrar and Deputy Registrar

        90.03 Within 30 days after the end of the quarter in which any travel expenses incurred by the Registrar or the Deputy Registrar are reimbursed, the Registrar shall cause to be published in electronic form the following information:

        • (a) the Registrar’s or Deputy Registrar’s name, as applicable;

        • (b) the purpose of the travel;

        • (c) the dates of the travel;

        • (d) the places visited;

        • (e) the total cost for each of the following classes of expenses:

          • (i) transportation,

          • (ii) lodging,

          • (iii) meals and any incidental expenses, and

          • (iv) other expenses; and

        • (f) the total amount of the travel expenses.

      • Hospitality expenses — Registrar and Deputy Registrar

        90.04 Within 30 days after the end of the quarter in which any expenses incurred by the Registrar or the Deputy Registrar for a hospitality activity are reimbursed, the Registrar shall cause to be published in electronic form the following information:

        • (a) the Registrar’s or Deputy Registrar’s name, as applicable;

        • (b) the purpose of the hospitality activity;

        • (c) the date of the hospitality activity;

        • (d) the municipality in which the hospitality activity took place;

        • (e) the name of any commercial establishment or vendor involved in the hospitality activity;

        • (f) the number of persons who attended the hospitality activity; and

        • (g) the total amount of the expenses for the hospitality activity.

      • Contracts over $10,000
        • 90.05 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of more than $10,000 is entered into, the Registrar shall cause to be published in electronic form the following information:

          • (a) the subject matter of the contract;

          • (b) the names of the parties;

          • (c) the contract period;

          • (d) the value of the contract; and

          • (e) the reference number assigned to the contract, if any.

        • Contracts of $10,000 or less

          (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Registrar shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.

        • Increase or decrease in value of contract

          (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Registrar shall cause to be published in electronic form the value of the contract as amended.

      • Incidental expenditures — judges

        90.06 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of the Supreme Court is reimbursed under subsection 27(1) of the Judges Act, the Registrar shall cause to be published in electronic form the following information:

        • (a) the total amount of the incidental expenditures reimbursed;

        • (b) the number of judges to whom a reimbursement was made;

        • (c) a detailed description of each class of incidental expenditures reimbursed;

        • (d) the number of judges who received a reimbursement for each class of incidental expenditures; and

        • (e) the applicable guidelines.

      • Representational allowances — judges

        90.07 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Registrar shall cause to be published in electronic form the following information:

        • (a) the total amount of the expenses reimbursed;

        • (b) the number of judges to whom a reimbursement was made;

        • (c) a detailed description of each class of expenses reimbursed;

        • (d) the number of judges who received a reimbursement for each class of expenses; and

        • (e) the applicable guidelines.

      • Travel allowances — judges

        90.08 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 34 of the Judges Act as a travel allowance, the Registrar shall cause to be published in electronic form the following information:

        • (a) the total amount of the expenses reimbursed;

        • (b) the number of judges to whom a reimbursement was made;

        • (c) a detailed description of each class of expenses reimbursed;

        • (d) the number of judges who received a reimbursement for each class of expenses; and

        • (e) the applicable guidelines.

      • Conference allowances — judges

        90.09 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 41 of the Judges Act as a conference allowance, the Registrar shall cause to be published in electronic form the following information:

        • (a) the total amount of the expenses reimbursed;

        • (b) the number of judges to whom a reimbursement was made;

        • (c) a detailed description of each class of expenses reimbursed;

        • (d) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and

        • (e) the applicable guidelines.

      Courts Administration Service
      • Definition of Service

        90.1 In sections 90.11 to 90.13, Service means the Courts Administration Service.

      • Travel expenses — Chief Administrator and deputies

        90.11 Within 30 days after the end of the quarter in which any travel expenses incurred by the Chief Administrator or any Deputy Chief Administrator are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:

        • (a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable;

        • (b) the purpose of the travel;

        • (c) the dates of the travel;

        • (d) the places visited;

        • (e) the total cost for each of the following classes of expenses:

          • (i) transportation,

          • (ii) lodging,

          • (iii) meals and any incidental expenses, and

          • (iv) other expenses; and

        • (f) the total amount of the travel expenses.

      • Hospitality expenses — Chief Administrator and deputies

        90.12 Within 30 days after the end of the quarter in which any expenses incurred by the Chief Administrator or any Deputy Chief Administrator for a hospitality activity are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:

        • (a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable;

        • (b) the purpose of the hospitality activity;

        • (c) the date of the hospitality activity;

        • (d) the municipality in which the hospitality activity took place;

        • (e) the name of any commercial establishment or vendor involved in the hospitality activity;

        • (f) the number of persons who attended the hospitality activity; and

        • (g) the total amount of the expenses for the hospitality activity.

      • Contracts over $10,000
        • 90.13 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Service and that has a value of more than $10,000 is entered into, the Chief Administrator shall cause to be published in electronic form the following information:

          • (a) the subject matter of the contract;

          • (b) the names of the parties;

          • (c) the contract period;

          • (d) the value of the contract; and

          • (e) the reference number assigned to the contract, if any.

        • Contracts of $10,000 or less

          (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Service and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Chief Administrator shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.

        • Increase or decrease in value of contract

          (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Chief Administrator shall cause to be published in electronic form the value of the contract as amended.

      Office of the Commissioner for Federal Judicial Affairs
      • Definitions

        90.14 The following definitions apply in sections 90.15 to 90.21.

        judge

        judge means a judge of a superior court other than the Supreme Court of Canada. (juge)

        Office

        Office means the Office of the Commissioner for Federal Judicial Affairs. (Bureau)

      • Travel expenses — Commissioner and deputies

        90.15 Within 30 days after the end of the quarter in which any travel expenses incurred by the Commissioner or any Deputy Commissioner are reimbursed, the Commissioner shall cause to be published in electronic form the following information:

        • (a) the Commissioner’s or Deputy Commissioner’s name, as applicable;

        • (b) the purpose of the travel;

        • (c) the dates of the travel;

        • (d) the places visited;

        • (e) the total cost for each of the following classes of expenses:

          • (i) transportation,

          • (ii) lodging,

          • (iii) meals and any incidental expenses, and

          • (iv) other expenses; and

        • (f) the total amount of the travel expenses.

      • Hospitality expenses — Commissioner and deputies

        90.16 Within 30 days after the end of the quarter in which any expenses incurred by the Commissioner or any Deputy Commissioner for a hospitality activity are reimbursed, the Commissioner shall cause to be published in electronic form the following information:

        • (a) the Commissioner’s or Deputy Commissioner’s name, as applicable;

        • (b) the purpose of the hospitality activity;

        • (c) the date of the hospitality activity;

        • (d) the municipality in which the hospitality activity took place;

        • (e) the name of any commercial establishment or vendor involved in the hospitality activity;

        • (f) the number of persons who attended the hospitality activity; and

        • (g) the total amount of the expenses for the hospitality activity.

      • Contracts over $10,000
        • 90.17 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office and that has a value of more than $10,000 is entered into, the Commissioner shall cause to be published in electronic form the following information:

          • (a) the subject matter of the contract;

          • (b) the names of the parties;

          • (c) the contract period;

          • (d) the value of the contract; and

          • (e) the reference number assigned to the contract, if any.

        • Contracts of $10,000 or less

          (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Commissioner shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.

        • Increase or decrease in value of contract

          (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Commissioner shall cause to be published in electronic form the value of the contract as amended.

      • Incidental expenditures — judges

        90.18 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of a particular court is reimbursed under subsection 27(1) of the Judges Act, the Commissioner shall cause to be published in electronic form the following information:

        • (a) the name of the court;

        • (b) the total amount of the incidental expenditures reimbursed for that court;

        • (c) the number of judges to whom a reimbursement was made;

        • (d) a detailed description of each class of incidental expenditures reimbursed;

        • (e) the number of judges who received a reimbursement for each class of incidental expenditures; and

        • (f) the applicable guidelines.

      • Representational allowances — judges

        90.19 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Commissioner shall cause to be published in electronic form the following information:

        • (a) the total amount of the expenses reimbursed;

        • (b) the number of judges to whom a reimbursement was made;

        • (c) a detailed description of each class of expenses reimbursed;

        • (d) the number of judges who received a reimbursement for each class of expenses; and

        • (e) the applicable guidelines.

      • Travel allowances — judges

        90.2 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of a particular court are reimbursed under section 34 of the Judges Act as a travel allowance, the Commissioner shall cause to be published in electronic form the following information:

        • (a) the name of the court;

        • (b) the total amount of the expenses reimbursed for that court;

        • (c) the number of judges to whom a reimbursement was made;

        • (d) a detailed description of each class of expenses reimbursed;

        • (e) the number of judges who received a reimbursement for each class of expenses; and

        • (f) the applicable guidelines.

      • Conference allowances — judges

        90.21 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of a particular court are reimbursed under section 41 of the Judges Act as a conference allowance, the Commissioner shall cause to be published in electronic form the following information:

        • (a) the name of the court;

        • (b) the total amount of the expenses reimbursed for that court;

        • (c) the number of judges to whom a reimbursement was made;

        • (d) a detailed description of each class of expenses reimbursed;

        • (e) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and

        • (f) the applicable guidelines.

      Judicial Independence, Protected Information, Security of Persons, Infrastructure and Goods and Canadian Judicial Council
      • Judicial independence

        90.22 The Registrar, the Chief Administrator or the Commissioner, as applicable, may, on an exceptional basis, decline to cause to be published information or any part of the information described in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if they determine that the publication, even in the aggregate, could interfere with judicial independence.

      • Protected information and security

        90.23 The Registrar, the Chief Administrator or the Commissioner, as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if he or she determines that

        • (a) the information or the part of the information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege; or

        • (b) the publication could compromise the security of persons, infrastructure or goods.

      • Final decision

        90.24 A determination by the Registrar, the Chief Administrator or the Commissioner that a publication could interfere with judicial independence or could compromise the security of persons, infrastructure or goods or that any information or part of any information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege is final.

  • — 2019, c. 18, s. 62

    • Bill C-44

      62 If Bill C-44, introduced in the 1st session of the 42nd Parliament and entitled Budget Implementation Act, 2017, No. 1, receives royal assent, then, on the first day on which both section 128 of that Act and section 36 of this Act, are in force, section 71.08 of the Access to Information Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

      • (g) in respect of the office of the Parliamentary Budget Officer, the Speaker of the Senate and the Speaker of the House of Commons, jointly.

  • — 2019, c. 29, s. 298

    • 298 Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

      • College of Immigration and Citizenship Consultants

        Collège des consultants en immigration et en citoyenneté

Date modified: