Bill C-461: An Act to amend the Access to Information Act and the Privacy Act (disclosure of information)

C-461 First Session, Forty-first Parliament, 60-61-62 Elizabeth II, 2011-2012-2013 HOUSE OF COMMONS OF CANADA BILL C-461 An Act to amend the Access to Information Act and the Privacy Act (disclosure of information) Reprinted as amended by the Standing Committee on Access to Information, Privacy and Ethics as a working copy for the use of the House of Commons at Report Stage and as reported to the House on June 6, 2013 NOTE 2nd Session, 41st Parliament This bill was introduced during the First Session of the 41st 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 First Session. The number of the bill remains unchanged. 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 information is under the control of the Corporation and the disclosure would reveal the identity of any journalistic source or if the disclosure could reasonably be expected to prejudice the Corporation’s journalistic, creative or programming independence. It also amends the Privacy Act to specify that certain information is not personal information for the purposes of that Act. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 1st Session, 41st Parliament, 60-61-62 Elizabeth II, 2011-2012-2013 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 Exclusion 18.2 (1) This Act does not apply to any information that is under the control of the Canadian Broadcasting Corporation and that would reveal the identity of any confidential journalistic source. Exemption (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) the classification and responsibilities of the position held by the individual, (iii.1) the total annual monetary income of the individual from the government institution if that income is greater than the maximum total annual monetary income that could be paid to a Deputy Minister, (iii.2) the salary range of the position held by the individual if their total annual monetary income from the government institution is equal to or less than the maximum total annual monetary income that could be paid to a Deputy Minister, (iii.3) 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): Canadian Broadcasting Corporation (3) This Act does not apply to personal information that is under the control of the Canadian Broadcasting Corporation and that would reveal the identity of any confidential journalistic source. Non-application of sections 4 to 10 (4) 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 Commons