Bill C-58

Question 1

What changes were done to processing fee in Bill -C58.

Answer 1

ATI act Section 11 - Requester will pay only the 5$ application fee, all other fees are eliminated

Question 2

Under what circumstances can institutions decline to act on a request

Answer 2

Section 6.1 - institutions may seek the information commissioner’s approval to decline to act on request that are vexatious, frivolous, made in bad faith or otherwise an abuse of the right of access

Question 3

What changes was done to the definition of personal information in bill C-58

Answer 3

Names and titles of ministerial staff will no longer be considered personal information for the purposes of administering the ATI and Privacy act.

Question 4

Under what circumstances can Institutions Share Resources

Answer 4

Sharing Resources sections 96, 97 ATIA; 73.1, 73.2 Privacy Act
Institutions can now partner with other institutions in the same ministerial portfolio to share request-processing services

Question 5

Name key changes for the request system and administration of the act

Answer 5

1. Fees section 11 - pay only the $5 application fee; other fees are eliminated
2. section 6.1 - Institutions may seek OIC approval to decline requests
3. Personal Info section 3(j.i) - Names and titles of ministerial staff will no longer be considered personal information
4. Sharing Resources sections 96, 97 ATIA; 73.1, 73.2 Privacy Act
   Institutions can now partner with other institutions in the same ministerial portfolio to share request-processing services
5. Order Making Power sections 36 to 41
   Information Commissioner has the power, following the investigation of a complaint, to make binding orders in relation to access requests, including ordering the release of government records
6. Establishing a Body of Precedents section 37
   Information Commissioner’s final reports and orders may be published, to establish a body of precedents
7. No Investigation section 30(4), (5)
   Information Commissioner may refuse or cease to investigate a complaint the Information Commissioner deems trivial, frivolous, vexatious, or made in bad faith
8. Solicitor-Client Privilege sections 23, 36(2), (2.1), (2.2) ATIA; 27, 34(2), (2.1), (2.2) Privacy Act
   Clarifies that Information Commissioner and Privacy Commissioner may see information subject to solicitor-client privilege and litigation privilege, and this sharing does not constitute a waiver of privilege
9. Reports
   Annual Reports (section 94 ATIA, section 72 Privacy Act) Institutions’ annual reports to be tabled in Parliament in the first 15 sitting days after September 1
   “Info Source” (section 5) Requirements to publish information about information holdings remain in place

Question 6

Name key changes for Proactive Publication process

Answer 6

1. Requirements for Ministers’ Offices, Government Departments, and Agencies
   Mandate Letters section 73
   New or revised mandate letters for ministers (published by the Office of the Prime Minister)
2. Memoranda, section 74, 88
   Titles and tracking numbers of memoranda received by ministers and deputy heads
3. Briefing Packages section 74, 88
   Briefing packages prepared for new or incoming ministers and deputy heads

Briefing packages for Parliamentary Committee appearances for ministers, deputy heads

4. QP Notes section 74
   Question Period notes in use on the last sitting day in June and December
5. Tabled Reports section 84
   Reports tabled in Parliament pursuant to a statutory requirement
6. Ministers’ Offices Expenses section 78
   Annual report of all expenses incurred by a minister’s office
7. Travel and Hospitality sections 75, 76, 82, 83
   Expenses related to travel and hospitality: ministers’ offices, senior officials
8. Contracts sections 77, 86
   Contracts over $10,000, amendments that increase the value of contracts to over $10,000, and amendments over $10,000: ministers’ offices, institutions
9. Grants and Contributions section 87
   Grants or contributions over $25,000, and any amendments

10.Reclassification of Positions section 85
All reclassifications

11. Part 2 also sets out proactive publication requirements for senators, members of Parliament, administrative institutions that support Parliament and the courts, Crown corporations, and other institutions such as Port Authorities. Requirements for senators, members of Parliament and administrative institutions that support Parliament and the Courts will come into force one year after royal assent.

Question 7

What changed in the complaints Process ?

Answer 7

Order Making Power sections 36 to 41
Information Commissioner has the power, following the investigation of a complaint, to make binding orders in relation to access requests, including ordering the release of government records

Institutions, requesters, third parties, and the Privacy Commissioner may seek review by the court

Question 8

What can OIC do now that wasn’t allowed before C-58

Answer 8

Establishing a Body of Precedents section 37

Information Commissioner’s final reports and orders may be published, to establish a body of precedents

Question 9

What changes in the Investigation section ?

Answer 9

Information Commissioner may refuse or cease to investigate a complaint the Information Commissioner deems trivial, frivolous, vexatious, or made in bad faith

Question 10

What information the OIC and OPC now have access that they didn’t in the past ?

Answer 10

Solicitor-Client Privilege sections 23, 36(2), (2.1), (2.2) ATIA; 27, 34(2), (2.1), (2.2) Privacy Act
Clarifies that Information Commissioner and Privacy Commissioner may see information subject to solicitor-client privilege and litigation privilege, and this sharing does not constitute a waiver of privilege

Question 11

What should happen in the first 15 sitting days after September 1 of parliament.

Answer 11

Annual Reports (section 94 ATIA, section 72 Privacy Act) Institutions’ annual reports to be tabled in Parliament in the first 15 sitting days after September 1

Question 12

What happened to info source ?

Answer 12

Nothing! “Info Source” (section 5) Requirements to publish information about information holdings remain in place

Question 13

List all the proactive disclosure requirement

Answer 13

Requirements for Ministers’ Offices, Government Departments, and Agencies:

1. Mandate Letters section 73
2. Memoranda to ministers and deputy heads, section 74, 88
3. Briefing Packages for new or incoming ministers and deputy heads section 74, 88
4. Briefing packages for Parliamentary Committee appearances for ministers, deputy heads
5. QP Notes (Question Period notes) in use on the last sitting day in June and December section 74
6. Reports tabled in Parliament section 84
7. Ministers’ Offices Expenses section 78
8. Travel and Hospitality : ministers’ offices, senior officials
   sections 75, 76, 82, 83
9. Expenses related to travel and hospitality Contracts over $10,000 sections 77, 86
10. Grants and Contributions over $25,000 section 87
11. All Reclassification of Positions section 85

Question 14

Part 2 of the ATI act also sets out proactive publication requirements for who ?

Answer 14

1. Senators
2. Members of Parliament
3. Administrative institutions that support Parliament
4. Administrative institutions that support the courts

All of this will come into force one year after royal assent.