Bill C-58 – First things ATIP Practitioners need
TD
Published · 25 slides · 0 views
1 / 1
Description
Bill C-58 First things ATIP Practitioners need to know June 2019 June 24, 2019 GCDocs 35080026 Purpose Outline key changes that came into effect upon Royal Assent of Bill C-58 on June 21, 2019 2 PROACTIVE PUBLICATION REQUIREMENTS Grants
Related Topics
Share
Embed code
Download this presentation From Below
"Bill C-58 – First things ATIP Practitioners need" is the property of its rightful owner. Permission is granted to download and print the materials on this website for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Presentation Transcript
01
Bill C-58 – First things ATIP Practitioners need to know June 2019 June 24, 2019
GCDocs # 35080026<br>
GCDocs # 35080026<br>
02
Purpose Outline key changes that came into effect upon Royal Assent of Bill C-58 on June 21, 2019 2 PROACTIVE PUBLICATION REQUIREMENTS Grants & Contributions
Travel & Hospitality
Contracts
Position Reclassification
Acts of Founded Wrongdoing Briefing Note Titles
QP Notes
Reports Tabled in Parliament
Transition Binders
Parliamentary Committee Binders<br>
Travel & Hospitality
Contracts
Position Reclassification
Acts of Founded Wrongdoing Briefing Note Titles
QP Notes
Reports Tabled in Parliament
Transition Binders
Parliamentary Committee Binders<br>
03
Request processing Consistent with the Government’s policy since 2016 all fees other than the application fee are eliminated
The government no longer has the authority to set or charge additional fees, such as fees for processing a request or reproduction of documents
The amount of the application fee is set through regulation and is currently fixed at $5 No fees apart from the $5 application fee, s.11 3<br>
The government no longer has the authority to set or charge additional fees, such as fees for processing a request or reproduction of documents
The amount of the application fee is set through regulation and is currently fixed at $5 No fees apart from the $5 application fee, s.11 3<br>
04
Request processing Decline to act, s. 6.1 The head of the institution can, with the approval of the Information Commissioner, decline to act on a request if the head considers it vexatious, made in bad faith or otherwise an abuse of the right of access
The head may decline to act on a request only if that request is made on or after Royal Assent
Before seeking the Information Commissioner’s approval to decline to act on a request, an institution must make every reasonable effort to assist the person in connection with the request, including working with the requester to clarify the request (duty to assist, s. 4(2.1))
The period for responding to the request is suspended from the day that the institution communicates with the Information Commissioner, to the day the institution receives the Information Commissioner’s written decision (s. 6.1(1.2))
The institution must provide written notice to the requester of the suspension of the period for responding and of the reasons for the suspension (s. 6.1(1.3)) 4<br>
The head may decline to act on a request only if that request is made on or after Royal Assent
Before seeking the Information Commissioner’s approval to decline to act on a request, an institution must make every reasonable effort to assist the person in connection with the request, including working with the requester to clarify the request (duty to assist, s. 4(2.1))
The period for responding to the request is suspended from the day that the institution communicates with the Information Commissioner, to the day the institution receives the Information Commissioner’s written decision (s. 6.1(1.2))
The institution must provide written notice to the requester of the suspension of the period for responding and of the reasons for the suspension (s. 6.1(1.3)) 4<br>
05
5 Request processing If the Information Commissioner approves the institution’s request to decline to act, the institution must:
Provide written notice to the requester including their reasons for declining to act (s. 6.1(2))
Refund the $5 application fee (policy)
If the Information Commissioner denies the institution’s request to decline to act, the institution must provide written notice to the requester, including the date on which the period for responding resumed (s. 6.1(1.4)) Decline to act, s. 6.1<br>
Provide written notice to the requester including their reasons for declining to act (s. 6.1(2))
Refund the $5 application fee (policy)
If the Information Commissioner denies the institution’s request to decline to act, the institution must provide written notice to the requester, including the date on which the period for responding resumed (s. 6.1(1.4)) Decline to act, s. 6.1<br>
06
The names and titles of ministerial staff, as well as the fact that someone is or was a ministerial staff member, are no longer be considered personal information for the purposes of ATIA s. 19, PA s. 7, PA s. 8 and PA s. 26 in relation to records created on or after June 21, 2019.
This is similar to, but narrower than, the existing exceptions found in 3(j) for public servants. Request processing Exception to the Definition of Personal Information, para 3(j.1) in the Privacy Act 6<br>
This is similar to, but narrower than, the existing exceptions found in 3(j) for public servants. Request processing Exception to the Definition of Personal Information, para 3(j.1) in the Privacy Act 6<br>
07
7 Request processing The 3(j.1) exception does not extend to duties & functions of ministerial staff
In general, when a record contains the name and title as well as the duties and functions of a ministerial staff member redactions may be required to protect information about the duties and functions of the ministerial staff member (since this is personal information)
Exercise discretion, consult your legal team, as needed.
New ATIA s.80(3) articulates that for the purposes of proactive publication of travel and hospitality expenses of Ministers and their advisors and staff, the information contained therein is not personal information.
Some information contained in a record may already be publicly available, so releasable as per ATIA s. 19(2)(b).
When s. 3(j.1) doesn’t apply, consent may be sought to release personal information, as per ATIA s. 19(2)(a).
Institutions will want to establish consistent practices. Exception to the Definition of Personal Information, para 3(j.1)<br>
In general, when a record contains the name and title as well as the duties and functions of a ministerial staff member redactions may be required to protect information about the duties and functions of the ministerial staff member (since this is personal information)
Exercise discretion, consult your legal team, as needed.
New ATIA s.80(3) articulates that for the purposes of proactive publication of travel and hospitality expenses of Ministers and their advisors and staff, the information contained therein is not personal information.
Some information contained in a record may already be publicly available, so releasable as per ATIA s. 19(2)(b).
When s. 3(j.1) doesn’t apply, consent may be sought to release personal information, as per ATIA s. 19(2)(a).
Institutions will want to establish consistent practices. Exception to the Definition of Personal Information, para 3(j.1)<br>
08
Information Commissioner will have the power to make binding orders to government institutions following an investigation of complaints regarding:
the release of records (s. 30(1)(a))
fees (s. 30(1)(b))
time extensions (s. 30(1)(c))
access in the official language requested(s. 30(1)(d))
format of release for accessibility purposes(s. 30(1)(d.1))
s. 5 requirements to publish information about institutions and information holdings (Info Source)
Applies to complaints made on or after the date of Royal Assent (June 21, 2019). Complaints made prior to the date of Royal Assent will be subject to the pre-Bill C-58 legislation.
Orders take effect on the 31st business day after the day the institution receives the final report or on the 41st business day if a third party or the Privacy Commissioner is also provided with the final report (s. 36.1(4))
Institutions are deemed to have received the report on the 5th business day after the date of the report (s.36.1(5))
Institutions with serious concerns can seek review in Federal Court within 30 business days of receiving the final report (s. 41(2))
Institutions must notify TBS if they plan to seek review of an order
A requestor (complainant) can also seek review in Federal Court within 30 business days after the institution receives the report (s. 41(1)) Complaints process A strengthened role for the Information Commissioner s. 36-41 8<br>
the release of records (s. 30(1)(a))
fees (s. 30(1)(b))
time extensions (s. 30(1)(c))
access in the official language requested(s. 30(1)(d))
format of release for accessibility purposes(s. 30(1)(d.1))
s. 5 requirements to publish information about institutions and information holdings (Info Source)
Applies to complaints made on or after the date of Royal Assent (June 21, 2019). Complaints made prior to the date of Royal Assent will be subject to the pre-Bill C-58 legislation.
Orders take effect on the 31st business day after the day the institution receives the final report or on the 41st business day if a third party or the Privacy Commissioner is also provided with the final report (s. 36.1(4))
Institutions are deemed to have received the report on the 5th business day after the date of the report (s.36.1(5))
Institutions with serious concerns can seek review in Federal Court within 30 business days of receiving the final report (s. 41(2))
Institutions must notify TBS if they plan to seek review of an order
A requestor (complainant) can also seek review in Federal Court within 30 business days after the institution receives the report (s. 41(1)) Complaints process A strengthened role for the Information Commissioner s. 36-41 8<br>
09
Complaints process A strengthened role for the Information Commissioner s. 36-41 9 The Privacy Commissioner and third parties, whose information is implicated in the order, will also be able to seek review in Federal Court. They will have an additional 10 business days after the initial 30-day period to initiate a review in Federal Court (s. 41(3), s. 41(4))
The Information Commissioner:
may consult with the Privacy Commissioner concerning questions about personal information during an investigation (s. 36(1.1))
shall consult with the Privacy Commissioner if she intends to order the release of personal information that was exempted under s. 19(1) (s. 36.2)
The Information Commissioner will have the authority to publish reports of her findings, including any orders made
Establishes a public body of precedents, makes institutions aware of the Information Commissioner’s position on their obligations under the Act (s. 37)<br>
The Information Commissioner:
may consult with the Privacy Commissioner concerning questions about personal information during an investigation (s. 36(1.1))
shall consult with the Privacy Commissioner if she intends to order the release of personal information that was exempted under s. 19(1) (s. 36.2)
The Information Commissioner will have the authority to publish reports of her findings, including any orders made
Establishes a public body of precedents, makes institutions aware of the Information Commissioner’s position on their obligations under the Act (s. 37)<br>
10
Complaints process A strengthened role for the Information Commissioner s. 36-41 10 The Information Commissioner can refuse to investigate or cease to investigate a complaint that is trivial, frivolous or vexatious or made in bad faith, or if an investigation is unnecessary under the circumstances (s. 30(4))
The Information Commissioner must notify the complainant, the government institution, any third party that made representations, and the Privacy Commissioner if he or she was consulted.
Amendments to clarify that the Information Commissioner and the Privacy Commissioner may examine records over which the exemption for solicitor-client privilege has been claimed (Access to Information Act s.23, s.36(2), s.36(2.1), s.36(2.2); Privacy Act s.27, s.34(2), s.34(2.1), s.34(2.2))
Records subject to solicitor-client privilege created for the purpose of consulting legal services on the application of either the ATIA or PA are not provided the Commissioners.<br>
The Information Commissioner must notify the complainant, the government institution, any third party that made representations, and the Privacy Commissioner if he or she was consulted.
Amendments to clarify that the Information Commissioner and the Privacy Commissioner may examine records over which the exemption for solicitor-client privilege has been claimed (Access to Information Act s.23, s.36(2), s.36(2.1), s.36(2.2); Privacy Act s.27, s.34(2), s.34(2.1), s.34(2.2))
Records subject to solicitor-client privilege created for the purpose of consulting legal services on the application of either the ATIA or PA are not provided the Commissioners.<br>
11
11 Request processing The ATIA has been amended to facilitate institutions in the same ministerial portfolio to share request processing services.
There must be a written agreement between the institutions, and the agreement must be provided to the Information Commissioner, the Privacy Commissioner, and TBS.
Records would not be under the control of the institution that provides the request processing services (s.97) Shared request processing, s. 96, 97 ATIA; s. 73.1, 73.2 Privacy Act<br>
There must be a written agreement between the institutions, and the agreement must be provided to the Information Commissioner, the Privacy Commissioner, and TBS.
Records would not be under the control of the institution that provides the request processing services (s.97) Shared request processing, s. 96, 97 ATIA; s. 73.1, 73.2 Privacy Act<br>
12
12 Request processing Relationship between requests and proactive publication Requesters can request materials that have been proactively published.
Exemptions and exclusions for materials that have been or will be published cannot be applied to materials that are published under the Part 2 proactive publication requirements.
The section 26 exemption for material that will be published cannot be applied to materials that will be published under Part 2 of the Access to Information Act.
The section 68 exclusion for material that has been published cannot be applied to materials published under Part 2 of the Access to Information Act.<br>
Exemptions and exclusions for materials that have been or will be published cannot be applied to materials that are published under the Part 2 proactive publication requirements.
The section 26 exemption for material that will be published cannot be applied to materials that will be published under Part 2 of the Access to Information Act.
The section 68 exclusion for material that has been published cannot be applied to materials published under Part 2 of the Access to Information Act.<br>
13
13 Part 2 – All Government Institutions Subject to the ATIA<br>
14
14 Part 2 – Departments, agencies and other bodies subject to the ATIA and listed in Schedules I, I.1, or II of the FAA<br>
15
15 Part 2 – Departments, agencies and other bodies subject to the ATIA and listed in Schedules I, I.1, or II of the FAA<br>
16
16 Part 2 – Government Institutions for which the Treasury Board is the employer* *includes Canadian Dairy Commission.<br>
17
17 Part 2 – Ministers’ Offices<br>
18
18 Part 2 – Ministers’ Offices<br>
19
19 Part 2 – Ministers’ Offices<br>
20
20 Part 2 – Crown Corporations* and wholly-owned subsidiaries *with the exception of the Canada Pension Plan Investment Board which is not presently subject to the ATIA.<br>
21
Reporting 21<br>
22
22 Bill C-58 Data Collection – Decline to Act Number of requests for the Information Commissioner’s approval to decline to act on a request<br>
23
23 Bill C-58 Data Collection – Complaints and Investigations Number of notices received by institutions that the Information Commissioner has ceased to investigate a complaint
Number of recommendations and orders issued by the Information Commissioner<br>
Number of recommendations and orders issued by the Information Commissioner<br>
24
24 Bill C-58 Data Collection – Court Actions Number of instances where complainants, institutions, third parties or the Privacy Commissioner apply to the Federal Court for review Currently collected, and will continue to collect New collection<br>
25
Next Steps 25 July – September 2019
Consultations on draft updated policies, other guidance
Consultations on draft plain language guide to exemptions and exclusions
Latest news and tools: http://www.gcpedia.gc.ca/wiki/ATI
Questions?: ippd-dpiprp@tbs-sct.gc.ca<br>
Consultations on draft updated policies, other guidance
Consultations on draft plain language guide to exemptions and exclusions
Latest news and tools: http://www.gcpedia.gc.ca/wiki/ATI
Questions?: ippd-dpiprp@tbs-sct.gc.ca<br>