The Updated Access to Information Act: What You Need to Know
The Access to Information Act (ATIA) is divided into 2 parts: PART 1: The Request System and PART 2: Proactive Publication
KEY CHANGES
PART 1: The Request System
Request Processing
Fees section 11
Requesters will pay only the $5 application fee; all other fees are eliminated
Decline to Act section 6.1
Institutions may seek the Information Commissioner’s approval to decline to act on requests that are vexatious, made in bad faith or otherwise an abuse of the right of access
Personal Info section 3(j.i) Privacy Act
Names and titles of ministerial staff will no longer be considered personal information for the purposes of administering the ATIA and the Privacy Act. This change applies to records created on or after the day of royal assent
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
Complaints Process
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
Establishing a Body of Precedents section 37
Information Commissioner’s final reports and orders may be published, to establish a body of precedents
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
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
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
PART 2: Proactive Publication
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)
Memoranda, section 74, 88
Titles and tracking numbers of memoranda received by ministers and deputy heads
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
QP Notes section 74
Question Period notes in use on the last sitting day in June and December
Tabled Reports section 84
Reports tabled in Parliament pursuant to a statutory requirement
Ministers’ Offices Expenses section 78
Annual report of all expenses incurred by a minister’s office
Travel and Hospitality sections 75, 76, 82, 83
Expenses related to travel and hospitality: ministers’ offices, senior officials
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
Grants and Contributions section 87
Grants or contributions over $25,000, and any amendments
Reclassification of Positions section 85
All reclassifications
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.
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