C-326
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-326
An Act to amend the Access to Information Act (open government)
first reading, February 25, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Martin (Winnipeg Centre)
402121
SUMMARY
This enactment amends the Access to Information Act to implement reforms proposed by the Information Commissioner of Canada in 2005.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-326
An Act to amend the Access to Information Act (open government)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. A-1
ACCESS TO INFORMATION ACT
1. (1) Section 1 of the Access to Information Act is replaced by the following:
Short title
1. This Act may be cited as the Open Government Act.
General replacement
(2) Unless the context requires otherwise, the expression “Access to Information Act” is replaced by the expression “Open Government Act” in
(a) any regulation, as defined in section 2 of the Statutory Instruments Act; and
(b) any other instrument made
(i) in the execution of a power conferred under an Act of Parliament, or
(ii) by order or under the authority of the Governor in Council.
2. (1) Subsection 2(1) of the Act is replaced by the following:
Purpose
2. (1) The purpose of this Act is to make government institutions fully accountable to the public, and to make the records under the control of those institutions fully accessible to the public, by extending the present laws of Canada to provide a right of access to information in records under the control of those institutions in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independ- ently of government.
(2) Section 2 of the Act is amended by adding the following after subsection (2):
Duty to provide assistance
(3) The officers and employees of every government institution shall make every reasonable effort to assist persons requesting access and to respond to each request openly, accurately and completely and without unreasonable delay.
3. The Act is amended by adding the following after section 2:
GENERAL
Creation of records
2.1 Every officer and employee of a government institution shall create such records as are reasonably necessary to document their decisions, actions, advice, recommendations and deliberations under this Act.
Public register
2.2 Every government institution shall maintain a public register containing a description of every record disclosed in response to a request made under this Act.
Disclosure of record
2.3 Notwithstanding any other provision of this Act, the head of a government
institution shall disclose a record or part of a record requested under this Act, if the
public interest in disclosure clearly outweighs in importance the need for secrecy.
4. (1) Paragraph (a) of the definition “government institution” in section 3 of the Act is replaced by the following:
(a) any department or ministry of state of the Government of Canada listed in Schedule I, including the office of the head of the department or ministry, or any body or office listed in Schedule I, and
(2) Section 3 of the Act is amended by adding the following in alphabetical order:
“Open Government Coordinator”« coordonnateur de la transparence gouvernementale »
“Open Government Coordinator” means the officer of a government institution designated under section 73 to carry out the duty referred to in section 73.1;
“trade secret”« secret industriel »
“trade secret” means any information, including a formula, pattern, compilation, program, device, product, method, technique or process
(a) that is used, or may be used, in business for any commercial advantage;
(b) that derives independent economic value, whether actual or potential, from not being generally known to the public or to other persons who can claim economic value from its disclosure or use;
(c) that is the subject of reasonable efforts to prevent it from becoming generally known to the public; and
(d) the disclosure of which would result in harm or improper benefit to the economic interests of a person or entity.
5. (1) Subsections 4(1) and (2) of the Act are replaced by the following:
Right to access to records
4. (1) Subject to this Act, but notwithstanding any other Act of Parliament, any person has a right to and shall, on request, be given access to any record under the control of a government institution.
(2) Section 4 of the Act is amended by adding the following after subsection (3):
Format of access
(4) Subject to this Act, access to a record shall be given in any reasonable format specified by the person making the request.
Disclosure of identity
(5) The identity of a person making a request under subsection (1) may not be disclosed without the consent of the person unless
(a) the disclosure is solely within the government institution to which the request is made; and
(b) the person’s identity is only disclosed to the extent that is reasonably necessary to process and answer the request.
6. Paragraph 5(1)(d) of the Act is replaced by the following:
(d) the title and address of the Open Government Coordinator for each government institution to whom requests for access to records under this Act should be sent.
7. Paragraphs 9(1)(a) and (b) of the Act are replaced by the following:
(a) meeting the original time limit would unreasonably interfere with the operations of the government institution and the request
(i) is for a large number of records,
(ii) necessitates a search through a large number of records, or
(iii) is part of a group of requests for a large number of records made by the same person on the same subject within a period of 30 days,
(b) consultations with other government institutions are necessary to comply with the request and cannot reasonably be completed within the original time limit, or
8. Section 10 of the Act is amended by adding the following after subsection (3):
Written notice
(4) Where the head of a government institution is deemed to have refused to give access under subsection (3), a written notice of the refusal shall be given to the person who made the request and to the Information Commissioner.
9. Subsection 11(6) of the Act is replaced by the following:
Waiver
(6) The head of a government institution to which a request for access to a record is made under this Act shall waive the requirement to pay a fee or other amount or a part thereof under this section or shall refund a fee or other amount or a part thereof paid under this section, if the request to which the fee or other amount relates is deemed to have been refused pursuant to subsection 10(3).
Waiver and refund
(7) The head of a government institution to which a request for access to a record is made under this Act may waive the requirement to pay a fee or other amount or a part thereof under this section or may refund a fee or other amount or a part thereof paid under this section and shall, in deciding whether or not to waive or refund a fee or other amount, take into account the following factors:
(a) whether the requested record has previously been disclosed under this Act;
(b) whether the requested record contains information relating to public health, public safety, consumer protection or protection of the environment;
(c) whether the requested record contains information relating to eligibility for a service, program or benefit; and
(d) whether the disclosure of the information would be in the public interest.
10. (1) Subsection 12(1) of the Act is replaced by the following:
Examination or copy
12. (1) A person who is given access to a record or a part thereof under this Act may, subject to the regulations, choose to examine the record or part thereof or to receive a copy thereof.
(2) Paragraph 12(2)(b) of the Act is replaced by the following:
(b) within a reasonable period of time, if it is in the public interest to cause a translation to be prepared.
(3) Paragraph 12(3)(b) of the Act is replaced by the following:
(b) within a reasonable period of time, if the giving of access in an alternative format is necessary to enable the person to exercise the person's right of access under this Act and it is reasonable to cause that record or part thereof to be converted.
11. Section 13 of the Act is replaced by the following:
Information obtained in confidence
13. (1) Subject to subsection (2), the head of a government institution may refuse to disclose any record requested under this Act if
(a) the record contains information that was obtained in confidence from
(i) the government of a foreign state or an institution thereof,
(ii) an international organization of states or an institution thereof,
(iii) the government of a province or an institution thereof,
(iv) a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government, or
(v) an aboriginal government; and
(b) disclosure of the information would be injurious to relations with the government, institution or organization.
Duty to disclose
(2) The head of a government institution shall disclose any record requested under this Act that contains information described in subsection (1) if the government, organization or institution from which the information was obtained
(a) consents to the disclosure; or
(b) makes the information public.
Definition of “aboriginal government”
(3) In this section, “aboriginal government” means an aboriginal government listed in Schedule I.1.
12. Paragraph 14(b) of the Act is replaced by the following:
(b) on strategy or tactics adopted or to be adopted by the Government of Canada relating to the conduct of federal-provincial negotiations.
13. (1) Paragraphs 16(1)(a) and (b) of the Act are repealed.
(2) Subsection 16(4) of the Act is replaced by the following:
Refusal by head of Canadian Broadcasting Corporation
(4) The head of the Canadian Broadcasting Corporation may refuse to disclose any record requested under this Act that contains information the disclosure of which could reasonably be expected to be injurious to the integrity or independence of the institution’s news gathering or programming activities.
Definition of “investigation”
(5) In this section, “investigation” means an investigation or audit that
(a) pertains to the administration or enforcement of an Act of Parliament;
(b) is authorized by or pursuant to an Act of Parliament; or
(c) is within a class of investigations or audits specified in the regulations.
14. Section 17 of the Act is replaced by the following:
Refusal to disclose
17. The head of a government institution may refuse to disclose any record requested under this Act that contains information the disclosure of which could reasonably be expected to threaten the safety or mental or physical health of individuals, or that could reasonably be expected to increase the risk of extinction of an endangered species or increase the risk of damage to a sensitive ecological or historic site.
15. Paragraph 18(a) of the Act is replaced by the following:
(a) trade secrets of a government institution;
16. (1) Paragraph 20(1)(b) of the Act is repealed.
(2) Subsection 20(2) of the Act is replaced by the following:
Product or environmental testing
(2) The head of a government institution shall not, pursuant to subsection (1), refuse to disclose a record or a part thereof if that record or part contains
(a) the results of product or environmental testing carried out by or on behalf of a government institution unless the testing was done as a service to a person, a group of persons or an organization other than a government institution and for a fee; or
(b) details of a contract or a bid for a contract with a government institution.
(3) Subsection 20(6) of the Act is repealed.
17. Section 21 of the Act is replaced by the following:
Advice, etc.
21. (1) Subject to subsection (2), the head of a government institution may refuse to disclose any record requested under this Act that came into existence less than five years prior to the request if the record contains
(a) advice or recommendations developed by or for a government institution or a minister of the Crown and disclosure of the record could reasonably be expected to be injurious to the internal advice-giving process of the government institution;
(b) an account of consultations or deliberations involving officers or employees of a government institution, a minister of the Crown or the staff of a minister of the Crown and disclosure of the record could reasonably be expected to be injurious to the internal decision-making process of the government; or
(c) positions or plans developed for the purpose of negotiations carried on or to be carried on by or on behalf of the Government of Canada and considerations relating thereto and disclosure of the record could reasonably be expected to be injurious to the conduct of the negotiations.
Exceptions
(2) Subsection (1) does not apply in respect of a record that contains
(a) any factual material;
(b) the results of a public opinion poll, survey or focus group;
(c) a statistical survey;
(d) an appraisal or a report by an appraiser, whether or not the appraiser is an officer or employee of a government institution;
(e) an economic forecast;
(f) an environmental impact statement or similar information;
(g) a final report, final study or final audit on the performance or efficiency of a government institution or on any of its programs or policies;
(h) a consumer test report or a report of a test carried out on a product to assess equipment of a government institution;
(i) a feasibility or technical study, including a cost estimate, relating to a policy or project of a government institution;
(j) a report on the results of field research undertaken before a policy proposal is formulated;
(k) a report of a task force, committee, council or similar body that has been established to consider any matter and make reports or recommendations to a government institution;
(l) a plan or proposal of a government institution to establish a new program or to change a program, or that relates to the management of personnel or the administration of the institution, if the plan or proposal has been approved or rejected by the head of the institution;
(m) information that the head of a government institution has cited publicly as the basis for making a decision or formulating a policy;
(n) a decision, including reasons, that is made in the exercise of a discretionary power or an adjudicative function and that affects the rights of the person making the request; or
(o) a report or advice prepared by a consultant or an adviser who was not, at the time the report was prepared, an officer or employee of a government institution or a member of the staff of a minister of the Crown.
Definition of “advice”
(3) In this section, “advice” means an opinion, proposal or reasoned analysis offered, implicitly or explicitly, as to action.
18. Section 23 of the Act is replaced by the following:
Solicitor-client privilege etc.
23. The head of a government institution may refuse to disclose any record requested under this Act if
(a) the record contains information that is subject to solicitor-client privilege; and
(b) disclosure of the information could reasonably be expected to be injurious to the interests of the Crown.
19. Section 24 of the Act is repealed.
20. Section 25 of the Act is renumbered as subsection 25(1) and is amended by adding the following:
Solicitor-client privilege
(2) Where, under subsection (1), a part of a record is, for the purpose of being disclosed, severed from a record that is otherwise subject to solicitor-client privilege, the remaining part of the record continues to be subject to that privilege.
21. Section 26 of the Act is replaced by the following:
Refusal of access where information to be published
26. The head of a government institution may refuse to disclose any record requested under this Act or any part thereof if the head of the institution believes on reasonable grounds that the material in the record or part thereof will be published in any form by a government institution, agent of the Government of Canada or minister of the Crown within 60 days after the request is made or within such further period of time as may be necessary for printing or translating the material for the purpose of printing it.
When access request may be disregarded
26.1 The head of a government institution may, if the Information Commissioner so recommends after the investigation of a complaint under paragraph 30(1)(d.2), disregard an access request that is contrary to the purposes of this Act.
22. Subsection 27(1) of the Act is replaced by the following:
Notice to third parties
27. (1) If the head of a government institution intends to disclose any record requested under this Act, or any part of such a record, that contains or that the head of the institution has reason to believe might contain
(a) trade secrets of a third party, or
(b) information the disclosure of which the head of the institution could reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party,
the head of the institution shall, subject to subsection (2), if the third party can reasonably be located, within 30 days after the request is received, give written notice to the third party of the request and of the fact that the head of the institution intends to disclose the record or part thereof.
23. The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:
If decision made to disclose record
29. (1) If, during the course of an investigation by the Information Commissioner, the head of a government institution decides to disclose a record requested under this Act or a part thereof, the head of the institution shall give written notice of the decision to
24. (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (d.1):
(d.2) from heads of government institutions who believe that an access request should be disregarded as being contrary to the purposes of this Act;
(2) Subsection 30(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after paragraph (e):
(e.1) in respect of the addition of, or failure to add, any department, ministry of state, body or office to Schedule I pursuant to subsection 77(2); or
(3) Subsection 30(3) of the Act is replaced by the following:
Information Commissioner may initiate complaint
(3) The Information Commissioner may initiate a complaint into any matter relating to requesting or obtaining access to records under this Act.
Time limit
(4) An investigation into a complaint under this section shall be completed, and any report required under section 37 shall be made, within 120 days after the complaint is received or initiated by the Information Commissioner unless the Commissioner
(a) notifies the person who made the complaint, the head of the government institution concerned and any third party involved in the complaint that the Commissioner is extending the time limit; and
(b) provides an anticipated date for the completion of the investigation.
Investigation by independent person
(5) A complaint made under this section in respect of a request made to the Office of the Information Commissioner or in respect of any other matter concerning that office shall be made to and investigated in accordance with this Act by an independent person authorized under section 59.
25. Subsection 35(2) of the Act is replaced by the following:
Right to make representations
(2) In the course of an investigation of a complaint under this Act by the Information Commissioner, a reasonable opportunity to make representations shall be given to
(a) the person who made the complaint,
(b) where the complaint is made under paragraph 30(1)(d.2), the person who made the request giving rise to the complaint,
(c) the head of the government institution concerned, and
(d) where the Information Commissioner intends to recommend the disclosure under subsection 37(1) of a record or a part thereof that contains or that the Information Commissioner has reason to believe might contain
(i) trade secrets of a third party, or
(ii) information the disclosure of which the Information Commissioner could reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party,
the third party, if the third party can reasonably be located,
but, unless authorized by the Information Commissioner, and subject to section 64, no one is entitled as of right to be present during, to have access to or to comment on representations made to the Commissioner by any other person.
26. (1) Subsection 36(2) of the Act is replaced by the following:
Access to records
(2) Notwithstanding any other Act of Parliament or any privilege under the law of evidence or solicitor-client privilege, the Information Commissioner may, during the investigation of any complaint under this Act, examine any record to which this Act applies that is under the control of a government institution, and no such record may be withheld from the Commissioner on any grounds.
(2) Subsection 36(5) of the Act is replaced by the following:
Return of documents, etc.
(5) Any original document or thing produced pursuant to this section by any person or government institution shall be returned by the Information Commissioner within 10 days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accord- ance with this section or from making and retaining copies of any document or thing.
27. Subsection 37(2) of the Act is replaced by the following:
Report to person and third parties
(2) The Information Commissioner shall, after investigating a complaint under this Act, report to any person or third party entitled under subsection 35(2) to make and that made representations to the Commissioner in respect of the complaint the results of the investigation, but where a notice has been requested under paragraph (1)(b) no report shall be made under this subsection until the expiration of the time within which the notice is to be given to the Commissioner.
28. The Act is amended by adding the following after section 37:
No offence if disclosure in good faith
37.1 Notwithstanding any other Act of Parliament, a person does not commit an offence or other wrongdoing by disclosing, in good faith to the Information Commissioner, information or records relating to a complaint under this Act.
29. Section 38 of the Act is renumbered as subsection 38(1) and is amended by adding the following:
Report on failure
(2) If, in the opinion of the Information Commissioner, the head of a government institution failed, without valid reason, to take any action required by this Act, the Information Commissioner shall include the name of the institution and the particulars of the failure in the annual report that relates to the financial year in which the failure occurred.
Opportunity to make representations
(3) Before naming a government institution under subsection (2), the Information Commissioner shall provide the head of the institution with an opportunity to make representations in respect of the failure to take the required action.
30. Section 41 of the Act is replaced by the following:
Review by Federal Court
41. (1) Any person who believes that the Governor in Council has failed to make an addition to Schedule I that is required by subsection 77(2), whose access request has been disregarded pursuant to section 26.1, who believes has been refused access to a record requested under this Act or a part thereof, or who has received a notice under subsection 9(1) or 11(5), may, if a complaint has been made to the Information Commissioner in respect of any such matter, apply to the Court for a review of the matter within 45 days after the results of an investigation of the complaint by the Information Commissioner are reported to the complainant under subsection 37(2).
Review by Federal Court
(2) If a person has made a complaint to the Information Commissioner in respect of a matter referred to in subsection (1) and has not received a report from the Information Commissioner by the expiration of the time limit for making the report under subsection 30(4), the person may apply to the Court for a review of the matter within 45 days after the day on which the time limit expired.
Application for extension
(3) A person referred to in subsection (1) or (2) may, either before or after the expiration of the applicable 45 day period, apply to the Court for an extension of that period.
Clarification
(4) For the purposes of subsection (1), the words “refused access to a record” include being denied access to a record, or a part thereof, by
(a) an unreasonable refusal to provide a record, or a part thereof, in the official language requested by the person;
(b) an unreasonable refusal to provide a record, or a part thereof, in an alternative format;
(c) a requirement that the person pay an amount under section 11 that is unreasonable; or
(d) an unreasonable extension of the time limits under section 9.
31. (1) Paragraph 42(1)(a) of the Act is replaced by the following:
(a) apply to the Court, within the time limits prescribed by section 41, for a review of any matter in respect of which an investigation has been carried out by the Information Commissioner under this Act;
(2) Subsection 42(2) of the Act is replaced by the following:
Complainant may appear as party
(2) Where the Information Commissioner makes an application under paragraph (1)(a), the person who made the complaint that gave rise to the investigation may appear as a party to the review.
32. Section 46 of the Act is replaced by the following:
Access to records
46. Notwithstanding any other Act of Parliament, any privilege under the law of evidence or solicitor-client privilege, the Court may, in the course of any proceedings before the Court arising from an application under section 41, 42 or 44, examine any record to which this Act applies that is under the control of a government institution, and no such record may be withheld from the Court on any grounds.
33. Subsection 52(1) of the Act is replaced by the following:
Applications relating to international affairs or defence
52. (1) An application under section 41 or 42 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of subparagraph 13(1)(a)(i) or (ii) or section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications.
34. (1) Subsections 54(1) and (2) of the Act are replaced by the following:
Appointment of Information Commissioner
54. (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after approval, by a two-thirds majority, of the appointment by resolution of the Senate and House of Commons.
Tenure
(2) Subject to this section, the Information Commissioner holds office during good behav- iour for a term of seven years, but may be removed by the Governor in Council at any time by resolution, passed by a two-thirds majority, of the Senate and House of Commons.
(2) Section 54 of the Act is amended by adding the following after subsection (4):
Limitation on power to appoint
(5) No person appointed under subsection (4) may be appointed as Information Commissioner under subsection (1).
35. The Act is amended by adding the following after section 55:
Additional powers of Information Commissioner
55.1 The Information Commissioner is responsible for monitoring the administration of this Act to ensure that its purposes are achieved. In performing this function, the Information Commissioner may
(a) make public comment on the transparency and accountability implications of proposed legislative schemes or government programs;
(b) undertake initiatives to inform individ- uals and government institutions of their rights and obligations under this Act;
(c) receive comments from the public concerning the administration of this Act;
(d) bring to the attention of the head of a government institution any failure by the government institution to assist applicants under subsection 2(3); and
(e) engage in or commission research into any matter that may affect the attainment of the purposes of the Act.
36. Subsection 58(2) of the Act is replaced by the following:
Technical assistance
(2) The Information Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this or any other Act of Parliament and may fix and pay the remuneration and expenses of those persons.
37. Subsection 59(2) of the Act is replaced by the following:
Investigations relating to international affairs and defence
(2) The Information Commissioner or an Assistant Information Commissioner may not delegate the investigation of any complaint resulting from a refusal by the head of a government institution to disclose a record or a part of a record by reason of subparagraph 13(1)(a)(i) or (ii) or section 15 except to one of a maximum of
(a) eight officers or employees of the office of the Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations; or
(b) such greater number of officers or employees than the number referred to in paragraph (a) as may be authorized by regulation.
38. Paragraph 63(1)(a) of the Act is replaced by the following:
(a) that, in the opinion of the Commissioner, is necessary to
(i) carry out an investigation under this Act,
(ii) give a reasonable opportunity to make representations under subsection 35(2),
(iii) establish the grounds for any findings or recommendations contained in a report made under this Act, or
(iv) make the public aware of any matters related to the Commissioner’s duties as he or she considers appropriate;
39. The portion of section 64 of the Act before paragraph (a) is replaced by the following:
Information not to be disclosed
64. In carrying out an investigation under this Act and in any report made to Parliament under section 38 or 39, or in any communication to the public, the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose,
40. Subsection 67.1(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by replacing paragraph (d) with the following:
(d) fail to create a record in accordance with section 2.1; or
(e) direct, propose, counsel or cause any person in any manner to do anything mentioned in any of paragraphs (a) to (d).
41. Paragraph 68(a) of the Act is replaced by the following:
(a) published material or material available for purchase by the public if such material is available at a reasonable price and in a format that is reasonably accessible;
42. Section 69 of the Act is replaced by the following:
Confidences of the Queen’s Privy Council for Canada
69. (1) The head of a government institution shall refuse to disclose any record requested under this Act that contains confidences of the Queen’s Privy Council for Canada.
Definitions
(2) The following definitions apply in this section.
“confidences of the Queen’s Privy Council for Canada”« renseignements confidentiels du Conseil
privé de la Reine pour le Canada »
“confidences of the Queen’s Privy Council for Canada” means information which, if disclosed, would reveal the substance of deliberations of Council or the substance of deliberations between or among ministers.
“Council”« Conseil »
“Council” means the Queen's Privy Council for Canada, committees of the Queen's Privy Council for Canada, Cabinet and committees of Cabinet.
Exception
(3) Subsection (1) does not apply to
(a) confidences of the Queen’s Privy Council for Canada that have been in existence for 15 years or more;
(b) background explanations, analyses of problems, or policy options presented to Council for consideration by Council in making decisions, if
(i) the decisions to which the information relates have been made public, or
(ii) four years have passed since the decisions were made; or
(c) decisions of the Queen’s Privy Council for Canada if
(i) the decisions or the substance of the decisions have been made public, or
(ii) four years have passed since the decisions were made.
43. Paragraph 69.1(2)(a) of the Act is replaced by the following:
(a) all proceedings under this Act in respect of the information, including an investigation, appeal or judicial review, are discontinued;
44. Subsection 70(1) of the Act is amended by striking out “and” at the end of paragraph (c.1), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) collect statistics appropriate to an annual assessment of the government’s performance under this Act, including, without limiting the generality of the foregoing,
(i) the percentage of requests received that were answered within 30 days,
(ii) the percentage of requests received that were deemed to have been refused pursuant to subsection 10(3),
(iii) the percentage of requests in respect of which an extension of 60 days or more was claimed,
(iv) the percentage of requests granted in full, granted in part and denied in full,
(v) the costs directly attributable to the administration of this Act, and
(vi) the amount of fees collected and waived.
45. Subsection 72(1) of the Act is replaced by the following:
Report to Parliament
72. (1) The designated minister shall prepare for submission to Parliament an annual report on the administration of this Act by government institutions and on the discharge of the obligations set out in subsection 70(1).
46. Section 73 of the Act is replaced by the following:
Designation of Open Government Coordinator
73. The head of a government institution shall, by order, designate an Open Government Coordinator for that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act that are specified in the order and may, by order, delegate to other officers or employees of the institution the powers necessary to assist the Open Government Coordinator.
Duty to ensure compliance
73.1 It is the duty of the head, deputy head and Open Government Coordinator of a government institution to ensure, to the extent reasonably possible, that the rights and obligations set out in this Act are respected and discharged by the institution.
47. Section 75 of the Act is replaced by the following:
Notice
74.1 Where it is not reasonably practicable to give notice to a person in the manner specified by a provision of this Act, notice may be given in a substitute manner if it is reasonable to expect that the contents of the notice will thereby be brought to the attention of that person.
Five-year review
75. (1) The administration of this Act shall be reviewed every five years by such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established by Parliament for that purpose.
Report to Parliament
(2) The committee designated or established by Parliament for the purpose of subsection (1) shall, within one year after each review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon, including a statement of any changes the committee would recommend.
48. (1) Paragraphs 77(1)(f) to (i) of the Act are replaced by the following:
(f) specifying classes of investigations for the purpose of paragraph 16(5)(c);
(g) prescribing the procedures to be followed by the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose a record or a part of a record under subparagraph 13(1)(a)(i) or (ii) or section 15;
(h) increasing the maximum number of officers or employees designated for the purpose of conducting investigations into complaints resulting from the refusal of government institutions to disclose records by reason of subparagraph 13(1)(a)(i) or (ii) or section 15;
(i) prescribing criteria for adding a body or office to Schedule I; and
(j) adding to the list of aboriginal governments set out in Schedule I.1.
(2) Subsection 77(2) of the Act is replaced by the following:
Additions to Schedule I
(2) Subject to subsection (3), the Governor in Council shall, by order, amend Schedule I so that it includes
(a) all departments and ministries of state of the Government of Canada;
(b) all bodies or offices funded in whole or in part from Parliamentary appropriations;
(c) all bodies or offices wholly- or majority owned by the Government of Canada;
(d) all bodies or offices listed in Schedules I, I.1, II and III of the Financial Administration Act; and
(e) all bodies or offices performing functions or providing services in an area of federal jurisdiction that are essential to the public interest as it relates to health, safety or protection of the environment.
Limitation
(3) The Governor in Council may not add to Schedule I
(a) the Supreme Court of Canada, the Federal Court of Canada, the Tax Court of Canada, or any component part of these institutions; or
(b) the offices of members of the Senate or the House of Commons.
49. Schedule I to the Act is amended by replacing the reference “(Section 3)” after the heading “SCHEDULE I” with the reference “(Sections 3 and 77)”.
50. Schedule II to the Act is repealed.
51. The Act is amended by adding, after Schedule I, the schedule set out in the schedule to this Act.
COORDINATING AMENDMENTS
2008, c. 32
52. (1) In this section, “other Act” means the Tsawwassen First Nation Final Agreement Act, chapter 32 of the Statutes of Canada, 2008.
(2) If section 26 of the other Act comes into force before this Act, on the coming into force of this Act, Schedule I.1 to the Access to Information Act, as enacted by section 51 of this Act, is amended by adding the following after item 5:
6. The Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation
Final Agreement Act.
(3) If this Act comes into force before section 26 of the other Act, then on the coming into force of this Act, that section 26 is repealed.
(4) If section 26 of the other Act comes into force on the same day as this Act, then this Act is deemed to have come into force before that section 26 and subsection (3) applies in consequence.
SCHEDULE 
(Section 51)
SCHEDULE I.1 
(Subsection 13(3) and paragraph 77(1)(j))
1. The Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act.
2. The council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act.
3. The Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act.
4. The Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act.
5. The council of a participating First Nation, as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act.
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