Bill C-613: An Act to amend the Parliament of Canada Act and the Access to Information Act (transparency)

C-613 Second Session, Forty-first Parliament, 62-63 Elizabeth II, 2013-2014 HOUSE OF COMMONS OF CANADA BILL C-613 An Act to amend the Parliament of Canada Act and the Access to Information Act (transparency) first reading, June 11, 2014 Mr. Trudeau 412183 SUMMARY This enactment amends the Parliament of Canada Act to require the Board of Internal Economy of the House of Commons to open its meetings, with certain exceptions, to the public. It also amends the Access to Information Act to modernize and clarify the purpose of the Act and to give the Information Commissioner the power to make compliance orders. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63 Elizabeth II, 2013-2014 house of commons of canada BILL C-613 An Act to amend the Parliament of Canada Act and the Access to Information Act (transparency) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. P-1 PARLIAMENT OF CANADA ACT 1. (1) Section 50 of the Parliament of Canada Act is amended by adding the following after subsection (4): Public meetings (4.1) Meetings of the Board shall be open to the public. However, a meeting — or portion of a meeting — shall be held in camera (a) if the issues being discussed relate to security, employment, staff relations or tenders; or (b) if unanimous consent of all members of the Board present at the meeting is obtained. (2) Subsection 50(6) of the Act is repealed. 2. Form 3 in the schedule to the Act is replaced by the following: FORM 3 I, . . . . . . . . . . . . ., do solemnly swear (affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member of the Board of Internal Economy of the House of Commons. (In the case where an oath is taken, add “So help me God”). I further solemnly swear (affirm) that I will not communicate or allow to be communicated to any person without due authority in that behalf any information relating to matters discussed in a meeting of the Board held in camera. (In the case where an oath is taken, add “So help me God”). R.S., c. A-1 ACCESS TO INFORMATION ACT 3. (1) Subsection 2(1) of the Access to Information Act is replaced by the following: Purpose 2. (1) The purpose of this Act is to extend the present laws of Canada to provide a right of access to information in records under the control of all government institutions in accord-ance with the principles that (a) government information must be made openly available to the public and accessible in machine readable formats; (b) necessary exceptions to the right of access should be rare, limited and specific; and (c) decisions on the disclosure of government information should be reviewed and enforced independently of government. (2) Section 2 of the Act is amended by adding the following after subsection (2): Definition of “information” (3) In this Act, the term “information” includes digital and non-digital data. Access prevails (4) In the event of any uncertainty as to whether an exception applies to a record requested under this Act, the principle set out in paragraph 2(1)(a) applies and the record shall be made available. 4. Subsection 4(3) of the Act is replaced by the following: Records produced from machine readable records (3) For the purposes of this Act, any record requested under this Act that does not exist but can be produced from a machine readable record under the control of a government institution using computer hardware and software and technical expertise normally used by the government institution shall be deemed to be a record under the control of the government institution. 5. The portion of section 7 of the Act before paragraph (a) is replaced by the following: Notice and access 7. When access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received, 6. Subsection 10(1) of the Act is replaced by the following: Where access is refused 10. (1) If the head of a government institution refuses to give access to a record requested under this Act or a part thereof, the notice given under paragraph 7(a) shall inform the person who made the request that they have the right to make a complaint to the Information Commissioner about the refusal and (a) shall state that the record does not exist; or (b) shall (i) indicate the specific provision of this Act on which the refusal was based or, if the head of the institution does not indicate whether a record exists, the provision on which a refusal could reasonably be expected to be based if the record existed, and (ii) provide a detailed explanation of the reason for refusing to make the record available taking into consideration the principles set out in section 2. 7. Section 11 of the Act is replaced by the following: Application fee 11. (1) Subject to subsection (2), a person who makes a request for access to a record under this Act shall be required to pay an application fee of five dollars at the time the request is made. Waiver (2) 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 a part thereof under this section or may refund a fee or a part thereof paid under this section. Refund (3) If, following a request for access to a record made in accordance with this Act and despite sections 8 and 9, the head of a government institution fails to comply with section 7 within 30 days after the request is received, the application fee shall be refunded to the person who made the request. Obligation to respond (4) For greater certainty, despite the payment of a refund under subsection (3), the head of the government institution to which the request is made must respond to the request in accordance with this Act. 8. The Act is amended by adding the following after section 37: Compliance order 37.1 (1) Despite any other provision of this Act, after investigating a complaint under this Act or after an investigation on his or her own initiative, the Information Commissioner may order the release of a requested record or part of a record or may take other necessary actions to ensure compliance with this Act. Time limit (2) The Information Commissioner shall establish a time limit for the implementation of any order made under subsection (1). Extension of time limit (3) Upon a request by the government institution that is the object of an order, the Information Commissioner may extend the time limit for the implementation of the order at any time during the implementation period established by the Information Commissioner. Duty to comply with orders 37.2 The government institution that is the object of the order under section 37.1 shall comply with the order within the time limit established under subsection 37.1(2) or (3), as the case may be, unless an application for judicial review of the order is sought under section 41. Enforcement of orders 37.3 (1) Subject to subsection (2), the Information Commissioner may file a certified copy of an order made under section 37.1 with the Court, and an order filed under this section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Court. Conditions (2) An order may be filed under subsection (1) only if the time limit described in section 37.2 has expired and the order is not the subject of an application for judicial review or the subject of an appeal or further appeal, as the case may be, of a decision resulting from judicial review of the order. 9. Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following: Review of order (2) The head of a government institution that is the subject of an order under section 37.1 may apply to the Court for a review of the order within 45 days after the expiration of the time limit referred to in subsection 37.1(2) or (3), as the case may be. 10. Section 75 of the Act is replaced by the following: Permanent review of Act by Parliamentary committee 75. (1) The administration of this Act shall be reviewed within 90 days after the coming into force of this section and at least once every five years after that, 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 a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including its recommendations. Published under authority of the Speaker of the House of Commons