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

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

PART 2Proactive Publication of Information (continued)

Government Institutions (continued)

Marginal note:Grants and contributions over $25,000

  •  (1) Within 30 days after the end of the quarter in which an agreement or arrangement is entered into with respect to a grant or contribution that is in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of more than $25,000, the head of the government entity shall cause to be published in electronic form the following information:

    • (a) the names of the parties;

    • (b) the municipality, province and country where the recipient resides or, in the case of a corporation or organization, where its head office is located or where it carries on business;

    • (c) the purpose of the grant or contribution;

    • (d) the date of the agreement or arrangement;

    • (e) the value of the grant or contribution; and

    • (f) any other information that, in accordance with Treasury Board policies, must be published.

  • Marginal note:Grants and contributions of $25,000 or less

    (2) Within 30 days after the end of the quarter in which an agreement or arrangement — that was entered into in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of $25,000 or less — is amended so that the value of the grant or contribution exceeds $25,000, the head of the entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the amended agreement or arrangement.

  • Marginal note:Increase or decrease in value of grant or contribution

    (3) Within 30 days after the end of the quarter in which an agreement or arrangement referred to in subsection (1) or (2) is amended so that the value of the grant or contribution is increased or decreased, the head of the government entity shall cause to be published in electronic form the value of the grant or contribution as amended.

  • 2019, c. 18, s. 37

Marginal note:Briefing materials

 The head of a government entity shall cause to be published in electronic form

  • (a) within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office;

  • (b) within 30 days after the end of the month in which any memorandum prepared for the deputy head or the person is received by his or her office, the title and reference number of each memorandum that is received; and

  • (c) within 120 days after an appearance before a committee of Parliament, the package of briefing materials that is prepared for the deputy head or the person for the purpose of that appearance.

  • 2019, c. 18, s. 37

Marginal note:Form of publications

  •  (1) The designated Minister shall specify the form of the publications referred to in sections 82 to 88.

  • Marginal note:Directives and guidelines

    (2) The designated Minister may cause to be established directives and guidelines concerning the information or materials that must be published under any of sections 82, 83 and 85 to 88. If directives and guidelines are established, the designated Minister shall cause them to be distributed to government institutions.

  • 2019, c. 18, s. 37

Marginal note:Publication not required

  •  (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.

  • Marginal note: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.

  • 2019, c. 18, s. 37

General

Marginal note:Information Commissioner

  •  (1) The Information Commissioner shall not exercise any powers or perform any duties or functions in relation to the proactive publication of information under this Part, including receiving and investigating complaints or exercising any other powers, duties or functions under Part 1.

  • Marginal note:Precision

    (2) Nothing in subsection (1) shall be construed as preventing the Information Commissioner from exercising his or her powers or performing his or her duties and functions under Part 1 with respect to a record that, although subject to Part 2, is subject to a request for access under Part 1.

  • 2019, c. 18, s. 37

PART 3General

Marginal note:Designated Minister’s power

 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.

  • 2019, c. 18, s. 37

Marginal note:Five-year review

  •  (1) The designated Minister shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken and shall cause a report to be laid before each House of Parliament.

  • Marginal note:Reference to Parliamentary committee

    (2) After the report is laid before both Houses, it shall be referred to the committee designated or established by Parliament for the purpose of section 99.

  • 2019, c. 18, s. 37

Marginal note:Annual report — government institutions

  •  (1) Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year.

  • Marginal note:Tabling of report

    (2) Every report prepared under subsection (1) shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared.

  • Marginal note:Reference to Parliamentary committee

    (3) Every report prepared under subsection (1) shall, after it is laid before both Houses under subsection (2), be referred to the committee designated or established by Parliament for the purpose of section 99.

  • Marginal note:Copy of report to designated Minister

    (4) The head of every government institution shall provide a copy of the report to the designated Minister immediately after it is laid before both Houses.

  • Marginal note:Form and content of report

    (5) The designated Minister shall prescribe the form of, and what information is to be included in, the reports prepared under subsection (1).

  • 2019, c. 18, s. 37

Marginal note:Delegation by head of government institution

  •  (1) The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution.

  • Marginal note:Delegation to officers or employees of other government institution

    (2) The head of a government institution may, for the purposes of subsection 96(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution.

  • 2019, c. 18, s. 37

Marginal note:Provision of services related to access to information

  •  (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution.

  • Marginal note:Written agreement

    (2) A government institution may provide services under subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services.

  • Marginal note:Notice

    (3) The head of a government institution to which the services are provided shall provide a copy of the agreement to the Information Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Information Commissioner and the designated Minister of any material change to that agreement.

  • Marginal note:Fees

    (4) The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.

  • Marginal note:Spending authority

    (5) The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.

  • 2019, c. 18, s. 37
 
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