C-461
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-461
An Act to amend the Access to Information Act and the Privacy Act (disclosure of information)
first reading, November 5, 2012
Mr. Rathgeber
411665
SUMMARY
This enactment amends the Access to Information Act to provide that the Canadian Broadcasting Corporation may refuse to disclose any information requested under that Act if the disclosure could reasonably be expected to prejudice the Corporation’s journalistic, creative or programming independ-ence.
It also amends the Privacy Act to specify that the following information is not personal information for the purposes of that Act:
(a) the classification, salary and responsibilities of an employee of a government institution whose annual salary is equal to or greater than the minimum rate of pay established by the Treasury Board for the first level of the Deputy Minister category (DM 1);
(b) the classification, salary range and responsibilities of the position held by an employee of a government institution whose annual salary is less than the minimum rate of pay established by the Treasury Board for the first level of the Deputy Minister category (DM 1); and
(c) the expenses incurred by an employee of a government institution in the course of his or her employment for which he or she has been reimbursed by the government institution.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-461
An Act to amend the Access to Information Act and the Privacy Act (disclosure of information)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the CBC and Public Service Disclosure and Transparency Act.
R.S., c. A-1
ACCESS TO INFORMATION ACT
2. The Access to Information Act is amended by adding the following after section 18.1:
Canadian Broadcasting Corporation
Canadian Broadcasting Corporation
18.2 The head of the Canadian Broadcasting Corporation may refuse to disclose any record requested under this Act if the disclosure could reasonably be expected to prejudice the Corporation’s journalistic, creative or programming independence. 
3. Section 68.1 of the Act is repealed.
R.S., c. P-21
PRIVACY ACT
4. Subparagraph (j)(iii) of the definition “personal information” in section 3 of the Privacy Act is replaced by the following:
(iii) for an individual who receives from the government institution an annual salary equal to or greater than the minimum rate of pay established by the Treasury Board for the first level of the Deputy Minister category (DM 1), the classification, salary and responsibilities of the individual,
(iii.1) for an individual who receives from the government institution an annual salary of less than the minimum rate of pay established by the Treasury Board for the first level of the Deputy Minister category (DM 1), the classification, salary range and responsibilities of the position held by the individual,
(iii.2) the expenses incurred by the indi-vidual in the course of his or her employment for which he or she has been reimbursed by the government institution,
5. The Act is amended by adding the following after section 28:
Canadian Broadcasting Corporation
Canadian Broadcasting Corporation
28.1 The head of the Canadian Broadcasting Corporation may refuse to disclose any personal information requested under subsection 12(1) if the disclosure could reasonably be expected to prejudice the Corporation’s journalistic, creative or programming independence.
6. The Act is amended by adding the following after subsection 69(2):
Non-application of sections 4 to 10
(3) Sections 4 to 10 do not apply to personal information that the Canadian Broadcasting Corporation collects, uses or discloses for solely journalistic, artistic or literary purposes.
7. Section 69.1 of the Act is repealed.
COMING INTO FORCE
Coming into force
8. This Act comes into force 90 days after the day on which it receives royal assent.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada